Size of insurance payment

Article 12. Definition of the size of insurance payment
1. The size of the insurance payment which is due to the victim on account of compensation of harm, caused to its health, pays off the insurer according to rules of chapter 59 of the Civil code of the Russian Federation.
The size of insurance payment for a tresspass жзни makes the victim:
135 thousand roubles - to the persons having the right according to the civil legislation on compensation of harm in case of death of suffered (supporter);
No more than 25 thousand roubles on reimbursement for burial - to the persons who have incurred these expenses.
(Item 1 in ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
1.1. The victim is obliged to give to the insurer all documents and proofs, and also to inform all known data confirming volume and character of harm, caused to life or health of the victim.
(Item 1.1 is entered by the Federal law from 12/1/2007 N 306-FZ)
2. At a tresspass to property the victim, intended to exercise the right on insurance payment, is obliged to present the damaged property or its rests to the insurer for survey and (or) the organizations of an independent expert appraisal (estimation) with a view of finding-out of circumstances of a tresspass and definition of the size subject to indemnification.
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
In case and (or) an independent expert appraisal (estimation) presented to the victim of the damaged property or its rests presence of insured event and the size of the losses which are subject to compensation under the contract of obligatory insurance don't allow to establish survey authentically, for finding-out of the specified circumstances the insurer has the right to examine a vehicle of the insured at which use harm has been done to the victim, and (or) has at own expense the right to organize and pay carrying out of an independent expert appraisal concerning this vehicle. The insured is obliged to give this vehicle on request of the insurer.
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
2.1. The size subject to indemnification at a tresspass to property of the victim is defined:

In case of full  destruction of property of the victim - at a rate of the valid cost of property at date of insured event approach. The full  destruction is understood as cases if repair of the damaged property is impossible or cost of repair of the damaged property is equal to its cost or exceeds its cost for date of approach of insured event;
In case of damage of property of the victim - at a rate of the expenses necessary for reduction of property in a condition in which it was till the moment of approach of insured event.
(Item 2.1 is entered by the Federal law from 12/1/2007 N 306-FZ)
2.2. To specified in point 2.1 of present article to expenses expenses on materials and the spare parts necessary for regenerative repair, expenses on payment of the works connected with such repair concern also.
(Item 2.2 is entered by the Federal law from 12/1/2007 N 306-FZ)
3. The insurer is obliged to examine the damaged property and (or) to organize its independent expert appraisal (estimation) in time no more than five working days from the date of the corresponding reference of the victim if other term isn't coordinated by the insurer with the suffered.
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
In case character of damages or feature of the damaged property exclude its representation for survey and the organization of an independent expert appraisal (estimation) in the location of the insurer and (or) the expert (for example, the damages of a vehicle excluding its participation in traffic), the specified survey and an independent expert appraisal (estimation) are spent in the location of the damaged property to the term established by the present point.
By the contract of obligatory insurance other terms during which the insurer is obliged to arrive for survey and (or) the organizations of an independent expert appraisal (estimation) of the damaged property, taking into account territorial features of their carrying out in the remote, remote or sparsely populated districts can be provided. In case by results of the survey of the damaged property spent by the insurer the insurer and the victim have reached the consent about the size of insurance payment and don't insist on the organization of an independent expert appraisal (estimation) of the damaged property, such examination can not be spent.
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
4. If after the survey of the damaged property spent by the insurer the insurer and the victim have not reached the consent about the size of insurance payment, the insurer is obliged to organize an independent expert appraisal (estimation), and the victim - to give the damaged property for carrying out of an independent expert appraisal (estimation).If the insurer hasn't examined the damaged property and (or) hasn't organized its independent expert appraisal (estimation) in established by point 3 of present article the term, suffered has the right to address independently for such examination (estimation), without representing the damaged property to the insurer for survey.
(Item 4 in ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
5. Cost of an independent expert appraisal (estimation) on which basis insurance payment is made, joins in structure of the losses which are subject to compensation by the insurer under the contract of obligatory insurance.
6. The insurer has the right to refuse to the victim insurance payment or its part if repair of the damaged property or recycling of its rests, spent before survey and (or) an independent expert appraisal (estimation) of the damaged property according to requirements of present article, doesn't allow to establish authentically presence of insured event and the size of the losses which are subject to compensation under the contract of obligatory insurance.
(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
7. With a view of finding-out of circumstances of approach of insured event, an establishment of damages of a vehicle and their reasons, technology, methods and cost of its repair independent technical expert appraisal of a vehicle is spent.
Rules of carrying out of independent technical expert appraisal of a vehicle, the requirement to experts-technicians, including conditions and an order of their professional certification and conducting the state register of experts-technicians, affirm the authorized Government of the Russian Federation federal enforcement authority.
(In ред. The federal law from 7/23/2008 N 160-FZ)
(The text in the previous edition) see
Article 13. Insurance payment
1. The victim has the right to make to directly insurer the demand about compensation of the harm caused to his life, health or property, within the insurance sum. The statement of the victim containing the requirement about insurance payment, with the documents enclosed to it on approach of insured event and the size of harm subject to compensation goes to the insurer in the location of the insurer or its representative authorized by the insurer on consideration of specified requirements of the victim and realization of insurance payments.
The location and the mailing address of the insurer, and also all its representatives in subjects of the Russian Federation, a communication facility with them and data on time of their work should be specified in the insurance policy.

2. The insurer considers the statement of the victim for insurance payment and provided by rules of obligatory insurance the documents enclosed to it within 30 days from the date of their reception. During the specified term the insurer is obliged to make insurance payment to the victim or to direct it motivated refusal in such payment.
At default of the given duty the insurer per every day of delay pays suffered the penalty (fines) at a rate of the one seventy fifth rate of refinancing of the Central bank of the Russian Federation operating per day when the insurer should execute this duty, from established by article 7 of the present Federal law of the insurance sum by the form harm compensation to each victim.
The sum of the penalty (fine) which are subject to payment to the victim, can't exceed the size of the insurance sum by the form harm compensation to each victim, established article 7 of the present Federal law.
To a complete definition of the size of harm subject to compensation the insurer under the statement of the victim has the right to make the part of the insurance payment corresponding to actually certain part of specified harm.
In coordination with suffered and on the conditions provided by the contract of obligatory insurance, the insurer on account of insurance payment has the right to organize and pay repair of the damaged property.
(Item 2 in ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
3. At the reference of several victims in case of a tresspass of their life or to health as a result of one insured event insurance payments should be made taking into account requirements of point 1 of article 12 of the present Federal law.
If the sum of the requirements shown by several victims to the insurer at date of the first insurance payment on compensation of harm, caused to property on the given insured event, exceeds established by article 7 of the present Federal law the insurance sum, insurance payments are made proportionally to the relation of this insurance sum to the sum of the specified requirements of victims (taking into account restrictions of insurance payments regarding compensation of the harm caused to property of one victim, according to article 7 of the present Federal law).
(Item 3 in ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
4. The insurer is released from a duty to make insurance payment in the cases provided by the law and (or) the contract of obligatory insurance.
Article 14. The right регрессного requirements of the insurer
The insurer has the right to show регрессное the requirement to harmed person at a rate of the insurance payment made by the insurer, if:

(In ред. The federal law from 12/1/2007 N 306-FZ)
(The text in the previous edition) see
Owing to intention of the specified person harm of life or to health of the victim has been done;
Harm has been caused by the specified person at management of a vehicle in a drunken state (alcoholic, narcotic or other);
The specified person had no right to management of a vehicle at which use it had been did harm;
The specified person has disappeared from a place of road and transport incident;
The specified person isn't included in the contract of obligatory insurance as the person admitted to management by a vehicle (at the conclusion of the contract of obligatory insurance with a condition of use of a vehicle only specified in the contract of obligatory insurance by drivers);
Insured event has come at use by the specified person of a vehicle during the period which has been not provided by the contract of obligatory insurance (at the conclusion of the contract of obligatory insurance with a condition of use of a vehicle during the period provided by the contract of obligatory insurance).
Thus the insurer also has the right to demand from the specified person of the reimbursement, suffered at insured event consideration.

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