General provisions (part II)

1. The present Rules define typical conditions according to which the contract of obligatory insurance of a civil liability of owners of vehicles (consists further is called - the contract of obligatory insurance).

2. At realization of obligatory insurance of a civil liability of owners of vehicles (further is called - obligatory insurance) the insurer undertakes for caused by the contract of obligatory insurance a payment (insurance premium) at approach of the event (insured event) provided by the present Rules to pay to sustained (third party) the damages which have arisen owing to a tresspass of his life, health or property.

3. According to the present Rules the risk of a civil liability of owners of vehicles isn't subject to obligatory insurance:

The maximum which constructive speed makes no more than 20 km/h;

On which on their technical characteristics positions of the legislation of the Russian Federation about the admission of vehicles to participation in traffic in territory of the Russian Federation don't extend;

Which are at the disposal of Armed forces of the Russian Federation, except for buses, cars and trailers to them, other vehicles used for maintenance of economic activities of Armed forces of the Russian Federation;

Which are registered in the foreign states if the civil liability of owners of such vehicles is insured in frameworks The international systems of the obligatory insurance which participant is the Russian Federation.

4. In the present Rules following concepts are used:

"Vehicle" - the device intended for transportation on roads of people, cargoes or the equipment established on it. The Vehicle also is the trailer (the semitrailer and the trailer-dissolution), not equipped with the engine and intended for movement in structure with a mechanical vehicle. The vehicle is supposed to participation in traffic according to the legislation of the Russian Federation;

"Vehicle use" - the operation of a vehicle connected with its participation in movement within roads (traffic), except the railways, and also on adjoining to them and the vehicles intended for movement territories (court yard, inhabited files, parking of vehicles, filling stations and other territories). Operation of the equipment established on a vehicle and a vehicle directly not connected with participation in traffic, isn't vehicle use;

"Limited use of a vehicle" - management of a vehicle only specified by the insured in the insurance policy of obligatory insurance by drivers and (or) its seasonal (time) use (during 6 or more certain by the contract of obligatory insurance of months in calendar year);

"The owner of a vehicle" - the proprietor of a vehicle, and also the person owning a vehicle on the right of economic conducting or the right of an operational administration or on other lawful basis (the rent right, the power of attorney to the right of management of a vehicle, the order of corresponding body about transfer to it of a vehicle, etc.). Isn't the owner of a vehicle the person operating a vehicle at execution of the office or labor duties, including on the basis of the labor or civil-law contract with the proprietor or other owner of a vehicle;

"Driver" - the person who operates a vehicle (uses the vehicle) on the right of possession, usings, the orders which risk of responsibility is insured under the contract of obligatory insurance. This person including exercises administration of a vehicle on the basis of the labor contract (contract) or the civil-law contract with the proprietor or other owner of the vehicle which risk of responsibility is insured according to the contract of obligatory insurance. At training it is considered to management of a vehicle of the driver training person;

"Suffered" - the person, including the passenger of a vehicle, life, harm has been done to health or which property at use of a vehicle by the driver. Positions of the present Rules, concerning victims, also are applied and to the persons who have suffered damage as a result of death of the supporter, successors of victims, and to other persons who according to the legislation of the Russian Federation have the right to compensation of the specified harm;

"A residence (location) of the victim" - defined according to the civil legislation of the Russian Federation a residence (location) of the citizen (the legal person), recognized as the victim;

"Insured" - one of owners of a vehicle who has concluded the contract of obligatory insurance with the insurer and is obliged to pay an insurance premium;

"Insurer" - the insurance organization which has the right to carry out obligatory insurance of a civil liability of owners of vehicles on conditions and in an order, established by the Federal law "About obligatory insurance of a civil liability of owners of vehicles" and the present Rules according to the permission (license) which has been given out by federal enforcement authority on supervision of insurance activity;

"The representative of the insurer" - the isolated division the insurer (branch) in the subject of the Russian Federation, carrying out in provided by the civil legislation of the Russian Federation limits of power of the insurer on consideration of requirements of victims about insurance payments and to their realization, or other insurer who is carrying out specified powers at the expense of obligatory insurance which have concluded the contract of the insurer on the basis of the contract with the insurer;

"Professional association of insurers" - the noncommercial organization operating when due hereunder with a view of maintenance of interaction of insurers and working out of rules of professional work;

"The insurance policy of obligatory insurance" - the document of the established sample certifying realization of obligatory insurance;
"Insurance tariffs" - the price rates defining an insurance premium under the contract of obligatory insurance taking into account object of obligatory insurance and character of insurance risk, established according to the Federal law "About obligatory insurance of a civil liability of owners of vehicles", applied by insurers at insurance premium definition under the contract of obligatory insurance and consisting of base rates and factors;

"The insurance sum" - defined by the Federal law "About obligatory insurance of a civil liability of owners of vehicles" a sum of money in currency of the Russian Federation, in which limits the insurer undertakes at approach of each insured event (irrespective of their number during period of validity of the contract of obligatory insurance) to compensate suffered the done harm;

"Insurance premium" - a sum of money in currency of the Russian Federation which the insured is obliged to pay to the insurer according to the contract of obligatory insurance;

"Insurance payment" - a sum of money which according to the contract of obligatory insurance the insurer is obliged to pay to victims on account of compensation of the harm caused to their life, to health or property at insured event approach. At a tresspass to property the insurer with the consent of the victim has the right to replace insurance payment by damage indemnification in the natural form, to organize repair or replacement of the suffered property within the insurance sum;

"The certificate about insured event" - the document made by the insurer after giving to victims of the statement for insurance payment, fixing the reasons and circumstances of the road and transport incident which is insured event, its consequences, character and the size of the suffered damage, the size to subject payment of the insurance sum and confirming the decision of the insurer on realization of insurance payment;

"Compensatory payments" - the payments to the victim which are carried out by professional association of insurers or insurers, operating at the expense of professional association of insurers on the basis of the prisoner with it of the contract, on account of compensation of the harm caused to life or health of the victim in case insurance payment can't be carried out the insurer owing to default by the person who has harmed, duties on insurance or applications to the insurer of procedure of bankruptcy or if this person isn't known;

"Independent expert appraisal" - the examination spent with a view of finding-out of circumstances of a tresspass and definition of the size subject indemnification in connection with damage of property. At damage of a vehicle with a view of finding-out of circumstances of approach of insured event, an establishment of damage of a vehicle, technology, methods and repair cost independent technical expert appraisal of a vehicle according to the rules established by the Government of the Russian Federation is spent.

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