Hereinafter referred to as the Insurer, represented by _______________ acting on the basis of _____________, on the one hand, and ______________ hereinafter referred to as the Policyholder, represented by ______________ acting on the basis of ______________, on the other hand, have concluded this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this civil liability insurance contract for damage caused by work deficiencies that affect the safety of facilities capital construction, the property interests of the Insured are insured related to his obligation, in accordance with the procedure established by the Civil Legislation of the Russian Federation, to compensate for harm (damage) caused through his fault or the fault of his employees (Article 1068 of the Civil Code of the Russian Federation) to the life, health and property interests of Third Parties, the environment , life or health of animals or plants, objects cultural heritage peoples of the Russian Federation when performing the following groups of types of work that affect the safety of capital construction facilities solely on the basis of the Certificate of admission to work that affect the safety of capital construction facilities No. __________________ dated "___" ____________ 20__ (hereinafter referred to as the Certificate) issued by ____________________________________________________________________________ (hereinafter referred to as works, the responsibility for which is insured). Exclusion by groups of types of work is not allowed.
Territory of insurance - Territory Russian Federation
1.2. Genuine contract concluded on the basis of the Application for insurance from the Policyholder dated ______________ (Appendix No. 2 to this agreement).
1.3 This Insurance Contract is concluded and is valid on the terms of the "Rules for insurance of civil liability for damage caused by work defects that affect the safety of capital construction projects" _____________ (hereinafter referred to as the "Insurance Rules"), (Appendix No. 1 to this contract), and also in accordance with the "Requirements for insurance by members of the non-profit partnership ____________________________________________ civil liability", approved by the Decision General Assembly members of the Non-Commercial Partnership _________________________________________________ dated "___" ____________ 20___ (Appendix No. 3).
2. OBJECT OF INSURANCE
2.1. The object of insurance is the property interests of the Insured that do not contradict the legislation of the Russian Federation and are related to the obligation to compensate for the harm caused by the Insured to the life, health and property interests of Third Parties, the environment, life or health of animals or plants, as well as damage to cultural heritage objects (monuments of history and culture) peoples of the Russian Federation due to shortcomings committed by the Insured in the performance of work that affects the safety of capital construction projects.
2.2. Third parties under this insurance contract are persons (any individuals and legal entities, state bodies, local governments or legal entities authorized by them that do not participate on the basis of civil law or employment contract in the performance of works related to the construction, reconstruction, overhaul buildings and structures, during the performance of which the liability of the Insured is insured), which may be damaged by the actions (inaction) of the Insured.
3.INSURANCE EVENTS AND INSURED EVENTS
3.1. Under this agreement, an insured event is the occurrence of the Insured's obligation to compensate, in accordance with the requirements of the Civil Legislation of the Russian Federation, damage to the life, health and property interests of third parties, the environment, life or health of animals or plants, as well as damage to cultural heritage objects (monuments of history and culture) peoples of the Russian Federation caused as a result of deficiencies in the insured activity carried out by the Insured with the simultaneous fulfillment of the following conditions:
- the harm occurred during the term of this agreement;
- the shortcomings of the insured activity carried out by the Insured, which led to the infliction of harm, were admitted by the Insured during the period of the Insured's membership in the SRO NP _____________________, but not earlier than the date of receipt by the Insured of the Certificate of admission to the relevant types of work that affect the safety of capital construction objects, issued by NP __________________ ( retroactive period);
The obligation of the Insured to compensate for damage caused as a result of a lack of work admitted during the retroactive period will be considered as insured event provided that the Insured at the time of conclusion of this insurance contract was not aware of the defect, or he notified the Insurer about it in writing.
- - the damage occurred within the territory of insurance specified in this Agreement;
- - the damage occurred as a result of shortcomings committed by the Insured in the performance of types of work that affect the safety of capital construction facilities, the liability for which is insured;
- - the shortcomings that led to the damage were committed by the Insured during the period of validity of the Certificate of admission to the relevant types of work . Events that occurred as a result of shortcomings committed by the Insured during the period of suspension or termination of the Certificate , are not recognized as insured events;
- - the obligation of the Insured to compensate for the harm caused is confirmed by a valid court decision or recognized by the insured in agreement with the Insurer.
3.2. To establish the fact of the occurrence of an insured event, under the shortcomings of work, it should be understood:
3.2.1. non-compliance (violation) officials and employees of the Insured in the performance of work job descriptions, rules and other mandatory regulations that determine the procedure and conditions for carrying out the relevant types of work, as a result of which the safety of the capital construction object (objects) is violated;
3.2.2. non-compliance (violation) by officials and employees of the Insured in the performance of work with the standards of the Partnership, of which the Insured is a member, as a result of which the safety of the capital construction object (objects) was violated.
3.2.3. performance of work without appropriate permits, which, in accordance with the legislation of the Russian Federation, the Insured is obliged to obtain before the performance of work, as a result of which the safety of the capital construction object (objects) is violated.
3.3. Harm to the life and health of Third Parties means bodily injury, disability or death of the victim, as well as harm caused to Third Parties who suffered damage as a result of the death of the breadwinner.
Damage to the property of Third Parties and objects of cultural heritage is understood as real damage (damage, destruction, destruction, damage to property). This Risk does not cover damage from events qualifying as a traffic accident falling under the federal law No. 40-FZ dated April 25, 2002 “On Compulsory Insurance of Civil Liability of Owners Vehicle».
Harm to the environment, life or health of animals and plants is understood as a negative change in the environment as a result of its pollution, which has led to the degradation of natural ecological systems and depletion natural resources and other violations of environmental quality standards established by the relevant authorized bodies the state authority in charge of managing the protection of the natural environment (Article 1 of the Federal Law No. 7-FZ “On Environmental Protection”).
3.4. An insured event can only be recognized as an event that occurred in the process or as a result of the implementation by the Insured of the types of work, the liability for which is insured. An insured event does not recognize an event that occurred in the process or as a result of the implementation by the Insured of a type of work that is not directly indicated in the Certificate valid at the time of the occurrence of the insured event.
3.5. The Policyholder, without the consent of the Insurer, is not entitled to voluntarily recognize his obligation to compensate for damage caused to Third Parties and / or the environment, life or health of animals or plants, as well as damage to cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation. Such recognition does not entail the insurer's obligation to pay insurance compensation.
3.6. Under this Contract, only real damage caused by the Insured to Third Parties and/or the environment, life or health of animals or plants, as well as damage to cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation is subject to compensation by the Insurer. In the event of harm to the life and health of Third Parties, as well as harm caused to Third Parties who suffered damage as a result of the death of the breadwinner, the amount of damage caused is determined based on the provisions of the current legislation of the Russian Federation.
3.7. The insured event is not:
3.7.1. military actions, maneuvers or other military activities;
3.7.2. events associated with the impact of a nuclear explosion, radiation or radioactive contamination;
3.7.3. civil war, riots of any kind or strikes;
3.7.4. terrorist actions;
3.7.5. natural disasters(earthquake, volcanic eruption, tsunami, underground fire, landslide, mountain collapse, storm, whirlwind, hurricane, flood, hail, downpour, etc.);
3.7.6. seizure, confiscation, requisition, arrest, damage or destruction of a capital construction facility or other property of individuals and legal entities by order of state bodies or other authorities;
3.7.7. intentional actions of the Insured, third parties;
3.7.8. any kind of indirect losses of individuals and legal entities, including: lost income, damage to business reputation, moral damage (for individuals);
3.7.9. losses associated with the operation of vehicles intended for road traffic common use, with the operation of aircraft and watercraft;
3.7.10. the emergence of liability of the employer for harm caused by the intentional actions of the employee;
3.7.11. expenses directly related to the restoration of a damaged (dead) capital construction object.
3.7.12. Damage caused to the capital construction object (or its part, on which the Insured carried out work on the basis of the relevant contract building contract) expressed in its death (loss) or damage due to work deficiencies admitted by the Insured that affect the safety of the capital construction object.
3.7.13. Damage caused due to shortcomings committed by the Insured in the performance of work affecting the safety of capital construction facilities, if at the time of conclusion of this Agreement the Insured (responsible employees of the Insured) were aware of the existence of such shortcomings, and the Insurer was not notified of these deficiencies at the conclusion of the contract.
4. SUM INSURED
4.1. This agreement establishes sum insured in the amount of _______________ (______________________) rubles 00 kopecks.
4.2. If the insurance indemnity is paid in an amount less than the sum insured, this Agreement continues to be valid, but the sum insured from the date of payment is considered reduced by the amount of the paid indemnity. The policyholder is obliged to restore the sum insured by paying an additional insurance premium within three working days from the date of reduction of the sum insured.
5. INSURANCE PREMIUM AND PAYMENT PROCEDURE
5.1. insurance premium under this agreement is ___________ (____________) rubles 00 kopecks.
5.2. Payment of the insurance premium is made at a time within three working days from the date of signing this agreement.
5.3. In the event that the Policyholder fails to pay the insurance premium within the time period established by this Agreement or the Policyholder pays the insurance premium in an amount less than established by this Agreement, this Agreement shall be deemed not to have entered into force.
6. TERM OF INSURANCE CONTRACT
6.1. The insurance contract shall enter into force from dd.mm.yyyy, but not earlier than zero o'clock on the day following the day of payment of the insurance premium by the Policyholder. The day of payment is the day when the amount of the insurance premium is debited from the bank account of the Insured (or a person authorized by him) in favor of the Insurer.
6.2. End of the insurance contract 23 hours 59 minutes dd.mm.yyyy
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The insured has the right:
7.1.1. For early termination of the insurance contract only in the case of the relevant current legislation of the Russian Federation.
7.1.2. Appeal against the refusal of the Insurer to make an insurance payment in court.
7.1.3. Require the Insurer to fulfill its obligations in accordance with the terms of this contract and current legislation Russian Federation.
7.2. The insured is obliged:
7.2.1. When concluding the Insurance Contract, inform the Insurer of all circumstances known to him that are important for the assessment insurance risk, as well as about all insurance contracts concluded or being concluded in relation to this object insurance.
7.2.2. Accept necessary measures in order to prevent damage to third parties.
7.2.3. Carry out work in accordance with the established rules and safety requirements, including for the safety of Third Parties.
7.2.4. If the degree of risk, insurance conditions change within three days, notify the Insurer in writing. Further interaction between the parties is regulated by Art. 11 of this agreement.
7.2.5. Timely pay the insurance premium in accordance with the terms of the insurance contract;
7.2.6. When including additional groups of types of work, present to the Insurer the relevant Certificate issued by __________________________, which indicates the relevant changes. Exclusion of groups of types of work from the contract during the period of its validity is not allowed.
7.3. The insurer has the right:
7.3.1. Check compliance by the Insured with the requirements of the Insurance Rules and this agreement.
7.3.2. Require the Insured to fulfill its obligations in accordance with the terms of this agreement and the current legislation of the Russian Federation.
7.3.3. Postpone the payment of insurance compensation in the cases provided for in clause 9.7. actual agreement.
7.4. The insurer is obliged:
7.4.1. Not to disclose information received by him as a result of his professional activity about the Insured and his property status.
7.4.2. Timely, in accordance with the terms of this contract to make insurance payments.
8. PROCEDURE FOR INTERACTION OF THE PARTIES IN THE CAUSE OF DAMAGE TO THIRD PARTIES
Upon the occurrence of an event that may serve as a basis for a property claim or claim from Third Parties:
8.1. The insured is obliged:
8.1.1. Immediately, but in any case no later than 3 (three) business days from the moment when the Insured became aware of the damage caused to Third Parties, notify the Insurer or its authorized representative about the event, as well as self-regulatory organization by means of communication, allowing the possibility of documentary fixation of the fact of the message;
8.1.2. Take all possible measures to reduce harm to life/health and/or property of third parties, the environment, life or health of animals and plants, as well as damage to cultural heritage sites of the peoples of the Russian Federation and eliminate the causes that contribute to additional damage.
8.1.3. Take all possible measures to ensure the necessary documentation events.
8.1.4. If possible, provide pre-trial proceedings to establish guilt.
8.1.5. Submit a written application to the Insurer indicating all the circumstances of the insured event, as well as the documents necessary to establish the circumstances of the insured event and the amount of losses from it, including (depending on the nature of the event and the type of damage caused):
- a written claim of Third parties to the Insured with a claim for compensation for the harm caused;
- internal act of investigation of the Insured regarding the circumstances and causes of harm;
- documents of law enforcement and special bodies of supervision and control in the field urban planning activities, executive bodies self-regulatory organizations in relation to shortcomings in the performance of work that could be the cause of an event that led to harm to Third Parties;
- a court decision that has entered into legal force;
- in the case of pre-trial proceedings, the Insured's statement on the agreement of a voluntary confession of guilt;
- conclusions and calculations of independent examination bodies regarding possible shortcomings in the performance of work, which could be the cause of an event that led to harm to Third Parties;
- economic and accounting materials and calculations estimates, invoices and receipts, on the basis of which the amount of damage caused to Third Parties is determined.
8.1.6. Assist the Insurer in judicial and extrajudicial protection of the Insured's interests after the Insured receives a claim for damages from Third Parties.
8.1.7. Notify the Insurer about all written claims of Third Parties, about any actions of the competent authorities on the fact of harm (the beginning of an investigation, subpoena, etc.).
8.1.8. 3 days prior to the inspection of the damaged property of Third Parties, inform the Insurer in writing (by application, telegram) about the place and time of the inspection.
8.1.9. If the Insurer deems it necessary to appoint its lawyer or authorized person to protect the interests of both the Insurer and the Policyholder related to the insured event, issue a proper power of attorney and other Required documents persons specified by the Insurer.
8.1.10. Without the written consent of the Insurer or a decision of a judicial authority, not to pay compensation, not to give promises and not to make offers of voluntary compensation for damage, not to recognize in full or in part its responsibility.
8.1.11. Ensure that the Insurer receives the information requested by him, which allows to establish the causes and circumstances of the insured event and the amount of losses from it, including if they constitute a commercial secret of the Insured.
8.2. The insurer has the right:
8.2.1. Participate in the inspection of damaged property of Third Parties.
8.2.2. Independently find out the causes and circumstances of the insured event.
8.2.3. Request from the Insured, state bodies technical regulation in the field of urban planning, law enforcement agencies, executive bodies of a self-regulatory organization (organizations), banking bodies, medical institutions and other organizations, relevant documents and information necessary to establish the fact, the causes of an insured event and / or determine the amount of insurance payment, including information constituting a trade secret.
8.2.4. Assume the protection of the rights of the Insured and conduct all cases to settle the loss, acting on behalf of the Insured, including in court.
8.3. The insurer is obliged:
8.3.1. Within 5 (five) working days from the date of receipt of the notice of harm by the Insured, inform (name of the self-regulatory organization) _____________ about the fact of the insured event.
8.3.2. Within 10 (ten) working days from the date of receipt of the Insured's application for agreeing on a voluntary admission of guilt, make a reasoned decision and notify the Insured.
8.3.3. Within 10 (ten) business days from the date of receipt of the notice of damage to Third Parties, send the Policyholder a written request with a list of required documents. Sending the list of documents does not deprive the Insurer of the right, if necessary, to request from the Policyholder additional documents and information about the circumstances, causes and extent of the harm caused.
8.3.4. Approve the insurance act on the fact of causing harm to Third Parties within 5 (five) business days after the entry into force of the court decision on the recognition of the Insured guilty of causing harm or the agreed statement of the Insured on a voluntary admission of guilt and receipt from the Insured of a written application for compensation for damage and all documents necessary to establish the fact of the occurrence of an insured event, the causes of occurrence and the amount of damage caused. In the insurance act, the Insurer indicates the decision to pay (refuse to pay) the insurance indemnity, as well as the amount of the insurance indemnity payable in the event of a decision to pay out. copy insurance act The Insurer is obliged to send to the Policyholder and to the self-regulatory organization, of which the Policyholder is a member.
8.3.5. Make an insurance payment within 5 (Five) business days from the date of approval of the insurance act, in case of an event recognized as insurance.
8.3.6. In case of refusal to pay insurance compensation - within 5 (five) working days from the date of approval of the insurance act, inform the Policyholder in writing with a reasoned justification for the reasons for refusal.
9. DETERMINATION OF THE AMOUNT AND PROCEDURE OF PAYMENT
INSURANCE COMPENSATION
9.1. The causes and amount of damage caused are established by the Insurer on the basis of inspection data, examinations, claims of Third Parties and other documents, the need to submit which is determined by the nature of the incident, the terms of this Agreement and the requirements of the legislation of the Russian Federation.
9.2. In the event of a dispute about the causes and amount of damage, each of the parties has the right to demand an examination. The examination is carried out at the expense of the party that requested it. If the fact of causing harm is recognized as an insured event, the costs of the examination are reimbursed by the Insurer.
9.3. The amount of insurance indemnity payable is determined based on the amount of damage caused to the Third Party and/or the environment and additional costs made by the Insured in order to reduce damage (in accordance with Article 962 of the Civil Code of the Russian Federation), taking into account the amount of the insurance amount established under this contract.
9.4. Expenses incurred by the Insured in order to reduce the loss from the insured event are reimbursed, if such expenses were necessary or incurred to fulfill the instructions of the Insurer, directly to the Insured.
9.5. Insurance indemnity can be paid only after the causes and amount of damage from the events provided for in this Agreement are established, the insurance act is drawn up and approved.
9.6. Insurance indemnity is paid within 5 (five) working days from the date of approval of the insurance act. An insurance act on the fact of causing damage to Third Parties is drawn up within 10 (ten) working days after the entry into force of a court decision on recognizing the Policyholder as guilty of causing harm or an agreed application of the Policyholder for a voluntary admission of guilt and receipt from the Policyholder of a written application for compensation for the damage caused and all documents necessary to establish the fact, causes and extent of the harm caused. In the insurance act, the Insurer indicates the decision to pay (refuse to pay) the insurance indemnity, as well as the amount of the insurance indemnity payable in the event of a decision to pay out. The Insurer is obliged to send a copy of the insurance certificate to the Insured and to the self-regulatory organization of which the Insured is a member.
9.7. The insurer has the right to defer payment of the insurance indemnity if:
- he has reasonable doubts about the authenticity of the documents confirming the fact of the occurrence of the insured event and the amount of damage - until the authenticity of such documents is confirmed;
- the competent authorities initiated a criminal case on the fact of harm and are investigating the circumstances that led to the harm - until the issuance of a procedural act that ends the criminal case.
9.8. The insurer has the right not to recognize the declared event as an insured event and refuse to pay insurance compensation if:
- The reason for causing damage to Third Parties was the activity of the Insured's employees who were in a state of alcoholic, narcotic or toxic intoxication;
- The Policyholder, without the consent of the Insurer, settled the claims of Third Parties;
- The Policyholder, prior to the entry into force of the court decision, settled the claims of the Third Parties.
10. AMENDMENT AND TERMINATION OF THE INSURANCE CONTRACT
10.1. Amending or supplementing the terms of this agreement is possible by agreement of the parties, concluded in writing.
10.2. In the event of a change (addition) of the terms of this agreement, the new terms begin to operate from the moment the additional agreement is concluded, unless otherwise expressly provided by the additional agreement or follows from the nature of the amendment to this agreement.
10.3. This insurance contract is terminated early in the following cases:
10.3.1. Liquidation of the Policyholder or the Insurer in a voluntary or compulsory manner, established legislative acts Russian Federation.
10.3.2. The decision of the court to recognize this agreement as invalid.
10.3.3. Termination of the Policyholder's Certificate of admission to all types of work affecting the safety of capital construction projects specified in this contract.
10.3.4. Termination of the Policyholder's membership in a self-regulatory organization.
10.3.5. In connection with the refusal of the Policyholder or the Insurer to execute the insurance contract. In this case, the Party refusing to execute this agreement is obliged to notify the other Party in writing at least 10 days before the expected date of termination of this agreement. The insurer has the right to refuse to perform this contract in case of delay in payment insurance premium by the Policyholder, by sending the relevant notice to the Policyholder.
10.3.6. In other cases stipulated by the legislative acts of the Russian Federation.
10.4. In case of early termination of this contract at the initiative of the Insurer, the Insurer shall return to the Policyholder the insurance premium for the unexpired term of the contract.
10.5. In case of early termination of the insurance contract at the initiative of the Insured in the absence of insured events that occurred before the termination of this contract, the Insurer returns to the Insured the insurance premium for the unexpired term of the contract, minus the expenses of the Insurer in the amount provided for by the approved structure of the tariff rate. In the event of an insured event, the insurance premium will not be refunded.
10.6. With regard to the obligations of the parties that arose before the termination of this agreement (including obligations arising from an insured event that arose before the termination of this agreement), the terms of this agreement continue to be valid until such obligations are fully fulfilled.
11. CONSEQUENCES OF INCREASED PROBABILITY
INSURED EVENT
11.1. During the validity period of this agreement, the Policyholder is obliged to immediately inform the Insurer of any significant changes that become known to him in the circumstances reported to the Insurer when concluding the insurance agreement, if these changes can significantly increase the likelihood of an insured event.
In any case, any change in the circumstances specified in the insurance contract is recognized as significant ( insurance policy), a written Application for insurance, Certificate of admission.
11.2. The insurer, notified of the circumstances, entailing an increase in the probability of an insured event, has the right to demand a change in the terms of the insurance contract or payment of an additional insurance premium in proportion to the increase in the probability of an insured event.
11.3. If the Policyholder objects to changing the terms of this agreement or additional payment of the insurance premium, or the Policyholder has not fulfilled the obligation provided for in clause 11.1, the Insurer has the right to demand termination of the insurance contract and compensation for losses caused by termination. The period of validity of insurance protection (insurance) shall be terminated from the moment of the increase in the probability of occurrence of an insured event.
11.4. The insurer is not entitled to demand termination of this contract if the circumstances leading to an increase in the likelihood of an insured event have already disappeared.
12. FINAL PROVISIONS
12.1. The relations of the Insured and the Insurer (hereinafter referred to as the Parties) not regulated by this agreement shall be subject to the legislation of the Russian Federation.
12.2. Under this agreement, the Parties undertake to immediately notify each other in writing of the occurrence of force majeure circumstances of any order that they become aware of.
12.3. Any dispute, controversy, demand or claim arising out of or arising in connection with this Agreement, or its violation, termination or invalidity, shall be subject to consideration in the Arbitration Court at the Non-Commercial Partnership __________________________________________ (Arbitration Court at NP ____________________") on the terms and in the manner, provided for by the Regulations on the Arbitration Court at NP "____________________". The decision of the Arbitration Court at NP "____________________" is final and binding on the parties and will be executed by them on time and in the manner specified in the decision of the Arbitration Court at NP "_____________________". The Parties are familiar with and accept for guidance the Regulations and Rules of the permanent Arbitration Court at NP "____________________".
The parties establish that the dispute will be resolved by the panel of arbitrators elected (appointed) in accordance with the provisions of the Rules of the Arbitration Court at NP "___________________".
12.4. This Agreement is made in two copies, one for each of the Parties. Both copies are identical to each other and have equal legal force.
13. OTHER TERMS
13.1. All applications specified in the text of this Agreement are its integral part.
13.2. Changes and additions to this Agreement will be valid only if they are made in writing and signed by authorized representatives of the Parties.
13.3 The parties are responsible for the correctness of the reported details and undertake to notify each other of their changes.
13.4. Issues not regulated by this agreement shall be resolved in accordance with the current legislation of the Russian Federation.
13.5. In case of disagreement in the interpretation of the terms of this Agreement and the Rules of Insurance, this Agreement shall have priority.
14. ADDRESSES AND BANK DETAILS OF THE PARTIES
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What is civil liability insurance for the operation of an apartment? What are the types of third party insurance? How does builder liability insurance work?
Hello dear readers! Welcome to the HeatherBober website and its expert, Denis Kuderin.
In this issue, we will consider an interesting and relevant topic - civil liability insurance. The article continues the series of publications devoted to the insurance protection of citizens and legal entities.
The material will be useful to owners of commercial and residential property, motorists, homeowners and many other categories of citizens.
1. What is civil liability insurance?
In previous articles, we wrote about how to provide insurance coverage personal property. But often in unforeseen situations, damage is caused to someone else's property or health.
In such cases, you can compensate for the losses of the victims from your own pocket, or you can go the other way - insure your civil liability. In this case, the costs will be paid not by the culprit of the accident, but by the insurance company.
(GO) - a separate industry insurance market. The object of protection in this type of insurance is the liability of the insured for causing damage to property, life and health of third parties.
Example
The Petrovs went to the dacha for the weekend. While they were resting, a pipe burst in their apartment. Water flooded the neighbor's apartment on the ground floor. Fortunately, the Petrovs had a liability insurance policy. The loss of the victims was more than reimbursed by the insurance company. No one sued anyone, good neighborly relations were preserved, as were the finances of both sides.
True, from the administrative or criminal liability GO insurance will not protect. If, for example, you are guilty of an accident, the policy will allow you to pay for the losses of the injured driver, but you still have to be responsible for the occurrence of an emergency.
Insurance covers the following types of damage:
- damage to tangible property - the cost of restoration and repair and related costs;
- personal damage - the cost of treatment, rehabilitation, care;
- damage caused to the environment as a result of production or industrial activity;
- moral damage.
The acquisition of a civil defense insurance policy is relevant for car owners, apartment owners, businessmen - that is, for almost all categories of citizens. The document protects against unexpected expenses and, which is also important, saves your nerves.
Such insurance is especially necessary for residents apartment buildings. In apartments where plumbing communications have not been updated for a long time, there is always a risk of an accident or leakage.
What if your neighbors just made repairs? But what if water seeped through the ceiling and ruined expensive furniture? In both cases, insurance will compensate for the damage and save you from long excuses. Although, of course, you still have to apologize for the inconvenience.
2. What is civil liability insurance - an overview of the TOP-7 types of insurance
Despite the fact that the insurance industry we are describing is relatively young, there are many types of liability insurance.
They can be divided into two large groups - voluntary and compulsory insurance. In the first case, everything is clear: the insurance contract is drawn up of the good will and desire of the insured.
Things are more complicated with compulsory civil defense insurance. In fact, this is a legal coercion by the state of citizens and legal entities to issue policies in insurance companies. True, the law pursues a good goal - to protect the financial interests of persons affected in various unforeseen situations.
Examples of compulsory civil defense insurance are car insurance, travel insurance for people traveling to the Schengen countries, insurance of HIFs - hazardous industrial facilities.
Consider in detail all types of civil liability insurance.
View 1. Motor Vehicle Owners Insurance (OSAGO)
Known to all owners of transport, "autocitizen" is a typical example of compulsory civil defense insurance. Under the OSAGO contract, the damage caused to one driver through the fault of another is compensated not by the culprit of the accident, but by the insurer.
True, there is a specific limit of insurance compensation under the OSAGO policy. In 2019, it is equal to 400,000 rubles for material damage and 600,000 for damage to health.
You will find more detailed information about auto insurance in the publication "".
If you wish, you can compensate for more significant costs, but for this you need to issue a DoSAGO policy - voluntary civil liability insurance. Such a document supplements OSAGO and comes into force if the damage exceeds the limits regulated by law.
The issues of purchasing insurance are covered in the articles "" and "".
View 2.
Regardless of the method of transportation used, transport companies (carriers) are responsible for the safety of cargo and passengers. There are uniform international standards that define the limits of the carrier's liability.
First of all, these regulations concern the responsibility of air carriers and shipowners. Railroad and trucking companies have their legal obligations.
Insurance situations are:
- causing harm to the health of passengers and their lives;
- damage to luggage;
- loss or damage to cargo;
- delay in the delivery of cargo or passengers due to the fault of the carrier;
- causing damage to third parties as a result of an accident involving the carrier.
Insurers are legal entities owning or leasing vehicles.
The insurer is released from payment obligations if the situation arose due to a violation by the policyholder of the rules and conditions of transportation.
There will also be no compensation if the carrier violated fire protection standards or the damage was caused by force majeure factors.
More information is in the article "".
View 3. Environmental risk insurance
This type of insurance provides for the protection of the policyholder's liability for risks associated with negative impact on the environment.
Such contracts are drawn up by owners who own dangerous objects- power plants, mines, oil refineries and chemical plants, tankers, plants for the production of explosives and toxic substances.
If due to the fault of the owner there was a leak, an accident, a man-made disaster, the costs are borne by the insurer. Since the sums insured in these situations are very significant, the services of the insurer will be expensive.
Therefore, only large international insurance companies are engaged in environmental risk insurance. Such activities are regulated by the environmental laws in force in the territory of a particular state.
In Russia, the protection of environmental risks for HIFs is mandatory. There are about 300,000 such enterprises in Russia. All of them must have compulsory insurance GO.
View 4. Producer and seller liability insurance
Even triple-ordered and fully robotic production sometimes produces defective products.
The causes of manufacturing errors are numerous:
- violation of working conditions;
- omissions in the design and development stages of the product;
- the use of low-quality consumables;
- human factor.
Damage in such situations is caused not only to the consumer. The manufacturer also bears big losses.
To protect itself from unforeseen expenses associated with the production and sale of defective goods, the company enters into an insurance contract, the period of validity of which is usually equal to the warranty period of the product being sold. The insurers in such contracts are either producers or sellers.
View 5. Professional liability insurance
The essence of this type of insurance is easiest to explain with a specific example.
Example
The private lawyer promised the client that he would help him win the case in court and charged a fee for his services. However, as a result of unforeseen circumstances, it was lost, the client suffered property losses and sent a claim to the human rights activist.
Fortunately for his pocket, the prudent lawyer insured professional liability, and the client's costs were covered by the insurer.
This type of insurance is carried out exclusively in relation to individuals engaged in private professional activity. The service is relevant for lawyers, brokers, dealers, appraisers, doctors, private detectives.
View 6. Builder civil liability insurance
In the Russian Federation, civil liability insurance for a developer is a mandatory procedure. Such insurance helps to return the funds spent to depositors and equity holders or even provide them with living space in the event of bankruptcy and ruin of a construction company.
The law came into force in January 2014: from that moment on, developers can take money in advance from clients only if they have a liability insurance policy to equity holders.
View 7. Default Insurance
Quite a rare sight voluntary insurance. Such a policy is purchased by borrowers who fear that they will not be able to repay the loan in full and on time. At the same time, the sum insured is not equal to the loan, but is only a part of it (80-90%).
In the table, the types of civil defense insurance are presented in a clear way:
| № | Kinds | Peculiarities |
| 1 | Car owners insurance | Mandatory procedure for all car owners |
| 2 | Protects the liability of transport companies for passengers and cargo | |
| 3 | Environmental risk insurance | For hazardous enterprises- obligatory procedure |
| 4 | Manufacturers insurance | Liability protection for manufacturing defects |
| 5 | Occupational risk insurance | Practiced by individuals |
| 6 | Builder civil liability insurance | Mandatory procedure since 2014 |
| 7 | Default Insurance | Practiced by debtors to banks |
Details about "" in our detailed publication.
3. How civil liability insurance works - 5 main stages
Civil liability insurance services are provided by dozens of companies of various levels.
The right to this type of activity is given by a license issued by government bodies. The same structures have the right to deprive the office of a permit for violation of insurance rules and failure to fulfill their obligations to customers.
The civil liability insurance procedure is quite simple, but it is worth studying all the stages and nuances of the process in advance. This will help users to purchase a really useful product at a bargain price.
Stage 1. Choosing an insurance company
You should not draw up a contract in the first institution that comes across. The statement “all insurers are the same” is fundamentally wrong. Rather, on the contrary, each company has its own set of unique services, its own advantages and disadvantages.
Experts advise when choosing an office to consider the following indicators:
- experience – the older the institution, the better;
- financial stability - it is affected by the size authorized capital, total amount payments for insured events and the amount of the reserve fund;
- rating from independent agencies;
- the presence of an extensive network of branches;
- range of insurance services;
- total number of clients.
You can do even easier - ask your friends. One of them probably used the services of one or another insurer and has a subjective, but absolutely reliable opinion about him.
Stage 2. Definition of the subject of insurance
Each contract contains a list of insurance risks. The final cost of the product depends on their quantity.
It is clear that a policy that includes all probable events related to civil defense insurance will cost more than an agreement that provides for only 1-2 specific situations.
However, compulsory insurance documents contain, as a rule, a regulated number of risks. So, OSAGO contracts in each region are drawn up according to the standard scheme, and the estimated tariffs are set at the federal level.
Stage 3. Preparation of documents
The list of documents for civil defense insurance is minimal: the companies have no intention of dragging out the process, since they themselves are interested in the earliest possible introduction of the client into the insurance system.
You will definitely need a passport, documents confirming the right to own transport, real estate and other property, technical papers on vehicles or other property. Insurers will surely provide you with specific lists: the list of required papers varies depending on the type of liability insurance.
Stage 4. Policy payment
Company services are paid in cash, bank transfers, using electronic payment systems.
Each company strives to provide the client with the maximum number of calculation options. Contributions under the agreement - one-time or periodic (monthly, quarterly, etc.).
Stage 5. Conclusion of an agreement
The main rule of the insured should sound like this: "I do not sign without reading." This means that any paper issued for signature by an insurance organization should be carefully studied.
In particular, this applies to applications, notes, items in small print. This is where the most important information regarding the conditions and amounts of insurance payments.
Unfortunately, a significant part of users begins to understand the nuances of the contract after the onset of the insurance situation. This is fraught with unpleasant surprises, monetary losses and disappointments.
4. Where you can profitably insure civil liability - an overview of the TOP-5 insurance companies
From a huge number of tempting offers, an ordinary citizen's eyes widen. To facilitate the choice, we present the five most reliable and proven insurance companies in the Russian Federation involved in insurance various kinds civil liability.
There are few insurance offices in Russia with more than half a century of history. Ingosstrakh is one of them. The organization has been operating on the market since 1947. Among the undoubted advantages of the company - high professionalism, reliability, speed in the event of an insured accident.
Anyone can insure civil and professional liability here. The civil defense insurance market is especially widely represented for corporate clients. Programs are available for all areas of business - hotel and restaurant, medical, transport.
2) RESO-Guarantee
Universal insurance company with 25 years of experience in the market. Licensed for more than a hundred relevant and affordable products for corporate clients and individuals. Among the civil defense insurance programs is the protection of the risks of real estate owners, motorists, businessmen, law firms.
RESO operates through an agent network - the company employs more than 20,000 professional agents providing services in 850 branches throughout Russia. Reliability rating A++ from the independent agency "Expert".
3) Alpha Insurance
Insurer international level with the highest solvency and developed branch network. Keeps a course on constant improvement of the quality of customer service. Most of the services are available online with prompt execution of the contract and free delivery.
Each user can receive free consultations by phone and online chat. Civil defense insurance is available to individuals (OSAGO, Good Neighbors, Though the Flood) and companies (liability protection for small, medium and large businesses).
Experience since 1993. Professionalism, quick conclusion of an agreement with a minimum number of documents, prompt payments for insurance situations. Priority activity – protection of property interests of legal entities.
The firm insures all types of property, as well as civil and professional liability of clients. Provides financial protection to companies in case of harm to third parties in the course of production, economic and administrative activities.
The oldest insurance company in the Russian Federation. Assignee of the organization GOSSTRAKH. It has more than 3,000 divisions and a staff of tens of thousands of professional agents. The total number of the company's clients is about 45 million people.
It practices all types of liability protection - insurance of hazardous industries, carriers, civil liability of industrial and commercial enterprises, persons providing professional services, owners of real estate and vehicles.
5. How to properly insure civil liability to third parties - 4 simple tips
The main point of signing an agreement with an insurer is the full and timely protection of one's own interests.
Contract of insurance of civil liability for causing harm sample 2018 free download sample form example form
AGREEMENT No. _____
liability insurance of the Insured
for causing harm
________________ "___" ________ 20___
License no. _______,
(name of insurance organization)
issued by ____________________________________, hereinafter referred to as __
(name of body)
"Insurer", represented by ________________________________________________,
(position, full name)
acting on the basis of ____________________________, on the one hand, and
(Charter, regulations)
In the face of ______________
(full name of the citizen, name of the organization)
Acting on the basis
(position, full name)
Hereinafter referred to as "Insured",
(Charter, regulations, powers of attorney)
on the other hand, have concluded the present agreement as follows:
1. The Subject of the Agreement
1.1. According to this agreement, the Insurer undertakes to
upon the occurrence of an insured event stipulated in the contract, pay
person entitled to compensation for harm caused to life, health
in the contract, the insurance indemnity within the sum insured, which
amounts to ________________________, and the Insured undertakes to pay
insurance premium in the amount of ______________________ in the manner and within the time limits,
stipulated by the contract.
1.2. The object of insurance is property interests,
related to the onset of liability of the Insured for causing
harm to the life, health or property of others.
2. Rights and Obligations of the parties
2.1. An insured event under this contract is recognized
offensive at the Insured in accordance with the current
legal obligation to compensate for harm caused to life,
health or property of others.
2.2. Upon the occurrence of an insured event, the insurer is obliged
pay the insurance indemnity to the Beneficiary within ________
after receiving and compiling all the necessary documents specified in
this agreement.
2.3. The insurance indemnity is paid in the amount of the indemnity for
which the Beneficiary is entitled in connection with the infliction of harm
his life, health or property, but not more than the sum insured,
specified in clause 1.1 of this agreement.
The amount of compensation is determined on the basis of the submitted
the insurer with evidence, and if there is a legal
okay court order- on the basis of this decision.
2.4. In the event that the Beneficiary dies without having time to receive
the insurance indemnity due to him, then the payment is made to him
heirs.
2.5. The insurer is obliged within ______ days from the date of conclusion
agreement to issue an insurance policy to the Insured.
2.6. In case of loss by the Policyholder during the period of validity of this
insurance policy agreement on the basis of a written application
a duplicate policy is issued.
After issuing a duplicate, the lost policy is considered
invalid, and insurance payments on it are not made.
In case of repeated loss of the policy by the Policyholder during the validity period
he pays the contract to the Insurer sum of money in the amount of cost
making a policy.
2.7. The insurance premium is paid by the Insured in installments
in the order of _________________ (cash, non-cash) settlement. Award
paid monthly no later than ______ day of each month during
Months in equal installments by ________________. Insured
may at any time pay the remainder of the premium or pay
monetary amounts against subsequent periods of payment of bonuses.
2.8. If an insured event occurs before payment of the next
insurance premium, the payment of which is overdue, the Insurer has the right to
payments due, deduct the amount of the overdue insurance premium,
forfeit and interest for the delay, established p.p. 4.3and 4.4
actual agreement.
2.9. The Policyholder is entitled to receive from the Insurer
information relating to its financial soundness, which is
trade secret.
2.10. The Policyholder is obliged to immediately notify the Insurer
circumstances that become known to him, changing the degree of risk
occurrence of an insured event (increase in professional risk
due to a change in the place of work of the Insured, etc.).
2.11. The insured within _____________ after which
became or should have become aware of the occurrence of an insured event,
is obliged to notify the Insurer of its occurrence.
2.12. Failure to fulfill the obligation provided for in clause 2.11
of this Agreement, gives the Insurer the right to refuse payment
relevant part of the insurance indemnity, if the Insurer did not know and
should not have known the occurrence of an insured event and the absence
information from the Insurer did not allow him to take real measures to
reducing losses.
2.13. Upon the occurrence of an insured event, the policyholder is obliged
accept reasonable and accessible to him in the circumstances
measures to prevent or reduce potential harm, including
report to the competent authorities (police, state supervision, emergency
services, etc.) about insured events. By taking such measures, the Insured
must follow the instructions of the Insurer, if they are communicated to him.
2.14. The insurer is released from the payment of insurance compensation
in whole or in part, if the damage to be compensated arose as a result of
that the Policyholder deliberately failed to take reasonable and available measures,
provided for in paragraphs. 2.12 and 2.13 to reduce possible damage.
2.15. The expenses provided for in paragraph 2.14 in order to reduce
damages necessary or incurred to carry out the instructions
Insurer, shall be reimbursed by the Insurer to the Insured
regardless of the fact that, together with compensation for harm, they may exceed
sum insured. Such expenses are indemnified even if the corresponding
measures were unsuccessful.
2.16. If the Beneficiary or his heirs have realized
the right to claim against the Insured for damages, the Insurer
is exempted from the payment of insurance indemnity in full, or
of the corresponding part and the right to demand the return of unnecessarily
reimbursement paid.
2.17. Claims of the Beneficiary against the Insured about
indemnification does not pass to the Insurer.
2.18. Upon presentation of the Beneficiary, as well as his
heirs of claims for payment of insurance indemnity Insurer
have the right to demand from them the fulfillment of obligations under the contract, lying
on the Insured, but not fulfilled by him. Risk of consequences of non-fulfillment
or untimely fulfillment of obligations shall be borne by the Beneficiary
or his heirs. The insurer is not entitled to force the Beneficiary
or his heirs to fulfill the specified obligations of the Insured.
3. Terms of payment of the sum insured
3.1. Upon the occurrence of an insured event provided for in clause 2.1,
The beneficiary is:
a) an application for payment of insurance compensation;
b) an identity document;
c) a document confirming the occurrence of an insured event, or
its certified copy;
d) documents confirming the beneficiary's right to
compensation for harm.
3.2. In the event that the sum insured is made to the heirs
Beneficiary, heirs represent:
a) identity documents;
b) a document confirming the occurrence of an insured event, or
its certified copy;
c) certificate of the registry office or its certified copy after death
Beneficiary;
d) documents certifying the entry into inheritance rights.
3.3. In the cases provided for in paragraphs. 3.1 and 3.2 of the present
of the contract, the Insured or his heirs are provided with insurance
3.4. Insurance payment carried out after
insurance act. An insurance act is drawn up by the Insurer or
authorized person. If necessary, the Insurer requests
information regarding the insured event from the competent authorities, and
also have the right to independently find out the reasons and circumstances
insured event.
The insurance act must be drawn up no later than ___________ after
submission of documents provided for in paragraphs. 3.1 and 3.2 present
contracts.
3.5. In the event that upon the occurrence of an insured event
a criminal case, civil proceedings or proceedings on
imposition of administrative penalties, the Insurer has the right to defer
decision on the issue of payment of amounts due until the moment of adoption
appropriate decision by the competent authorities.
3.6. Insurers shall have the right to verify any information provided to it
the Policyholder, the Beneficiary and their heirs, as well as the
information known to the Insurer that is relevant to this
contract. The Policyholder, the Beneficiary and their heirs are obliged
enable the Insurer to freely verify information and
provide all necessary documents and other evidence.
3.7. The insured and his heirs are obliged to preserve the injured
property, unless it is contrary to the interests of security and
public order, until it is examined by the representative of the Insurer, including
the form in which it appeared after the insured event.
3.8. In the event of a violation of the obligation provided for in paragraphs. 3.6 and
3.7 of this agreement, by the persons specified in these paragraphs,
the information provided by them is considered inappropriate
reality, and the information they refuse to disclose,
considered to be true.
4. Liability of the parties
4.1. Party that has not performed or improperly performed
obligations under this agreement, is obliged to reimburse another
party the losses caused by such non-performance.
pays the insurance indemnity recipient a penalty in the amount of ___% of
insurance indemnity for each day of delay.
The Policyholder pays a penalty fee to the Insurer in the amount of ____% of the amount
unpaid insurance premium for each day of delay.
4.4. Party for non-payment or late payment of monetary
the amounts due to the other party under this agreement shall
pay the other party interest in the amount of ____% of the due
amount for each day of delay.
4.5. The collection of a penalty and interest does not release the party
violating the contract, from the performance of obligations in kind.
4.6. In cases not provided for in this Agreement,
property liability is determined in accordance with
the current legislation of the Russian Federation and the Rules of insurance.
5. Modification of the contract
5.1. In case of reorganization of the Policyholder (if the Policyholder
legal entity) its rights and obligations under this agreement may
transfer to his successor only with written consent
Insurer.
5.2. The Policyholder, in agreement with the Insurer, has the right
increase the sum insured.
additional insurance premium in the amount and in the manner prescribed
by agreement of the parties.
5.3. The Policyholder, in agreement with the Insurer, has the right
reduce the sum insured. In this case, the Policyholder is subject to
return of the overpaid part of the insurance premium in proportion to
change in the sum insured. If the insurance premium is in the new amount
not paid in full, then the parties make changes to the contract,
regarding the procedure for payment and the amount of regular contributions.
5.4. The insurer notified of the circumstances specified in
clause 2.10 of this agreement, has the right to demand changes in the conditions
contracts, including the payment of an additional insurance premium
in proportion to the increase in the risk of an insured event
in accordance with the Rules of insurance.
The insurer is not entitled to demand amendments to the contract if
the circumstances specified in clause 2.10 of the agreement have already disappeared.
5.5. This agreement may also be amended by written
agreement of the parties, and in addition, in other cases provided for
5.6. If the beneficiary or his heirs have presented
requirements to the Insurer, this contract cannot be changed without
written consent of the applicants.
6. Duration of the contract
6.1. This agreement is concluded for a period of _________
in force from the date of signing.
7. Termination of the contract
7.1. The validity of the insurance contract is terminated in the event
fulfillment by the parties of their obligations under the contract in full.
The expiration of the contract does not terminate the obligations of the party,
if it has not fulfilled them during the term of the contract.
7.2. Obligations under the contract are terminated ahead of time in the event of
death of the Policyholder (if the Policyholder is an individual), liquidation
Policyholder (if the Policyholder is a legal entity) before the
insured event.
7.3. Obligations under the contract are terminated ahead of time in the event of
recognition of the Policyholder (if the Policyholder is an individual)
incompetent or partially incapacitated in accordance with the law
7.4. Obligations under the contract are terminated ahead of time in the event of
reorganization of the Policyholder (if the Policyholder is a legal entity), if
The insurer did not agree to the transfer of the rights and obligations of the Insured
under this agreement to the successor of the Insured.
7.5. The policyholder has the right to terminate the contract early
obligatory written notification of this to the Insurer no later than
than _______ days prior to the proposed termination date.
7.6. The insurer has the right to terminate the contract with the written consent of
the Insured by notifying the Insured in writing no later than ______
days prior to the proposed termination date.
7.7. The insurer has the right to terminate the contract early in the event of
non-payment by the Insured of the next installment of the insurance premium within
After a written warning to them of the Insured.
7.8. If the Insured fails to fulfill the obligation stipulated by
clause 2.10, as well as if the Policyholder objects to the amendment of the contract
in the case provided for in clause 5.4, the Insurer has the right to cancel
contract, notifying the Insured about it.
The insurer is not entitled to demand termination of the contract if
the circumstances provided for in clause 2.10, from the onset of
insured event.
7.9. In case of early termination of the contract, the paid
The insurer does not return the premium to the person who paid it.
7.10. In the cases provided for in clause 7.8 of the agreement, the Policyholder
pays the Insurer the costs incurred by the latter upon clarification
the circumstances set out in that paragraph.
7.11. Obligations under this agreement terminate suddenly
cases provided for by law.
7.12. If the beneficiary or his heirs have presented
requirements to the Insurer, this contract cannot be terminated
without the written consent of the persons making the claim, except
cases where the termination of the contract is caused by illegal actions
named persons.
7.13. Termination of the contract does not release the parties from
responsibility for its violation.
8. Privacy
8.1. The terms of this agreement, additional agreements to
and other information received by the Insurer in accordance with
contract, confidential and not subject to disclosure.
9. Dispute Resolution
9.1. All disputes and disagreements that may arise between
parties on issues that have not been resolved in the text of this
treaties will be resolved through negotiations on the basis of the existing
legislation.
9.2. If the disputed
issues, disputes are resolved in court in the manner prescribed
current legislation.
10. Additional terms and final provisions
10.1. Additional terms under this agreement: ____________
______________________________________________________________________
______________________________________________________________________
10.2. Any changes and additions to this agreement
valid, provided that they are made in writing and
signed by the parties or duly authorized to do so
representatives of the parties.
10.3. All notices and communications must be directed to
writing.
10.4. In all other respects not covered by this
contract, the parties are guided by the current legislation and
Rules of insurance on the basis of which the contract was concluded. Rules
insurance are handed over by the Insurer to the Insured, about which in the contract
a note is made, certified by the signatures of the parties.
10.5. The contract is made in two copies, of which one
is with the Insured, the second - with the Insurer.
10.6. Addresses and payment details of the parties:
Policyholder: _________________________________________________
______________________________________________________________________
______________________________________________________________________
Insurer: _____________________________________________________
______________________________________________________________________
______________________________________________________________________
Signatures of the parties:
Insurer ____________________________
Insured ____________________________
The insurance rules were handed to me: ________________________________
Liability insurance is a special type of policy that provides for the possibility of making payments to third parties to whom the insured person has caused certain damage. In accordance with the established norms of the legislation, there is a need to purchase compulsory policy in this direction. We are talking about car owners who do not have the right to drive a car if they do not have such a document in their hands. The structure of obtaining a policy is standardized by law, today a car is issued in the presence of a specialized policy.
A mandatory policy is purchased by all car owners. And naturally, in this situation, the opportunity is provoked to obtain guarantees that there will be no problems if a situation arises when the contract works. For example, participants in an accident determined that a person who violated traffic rules is insured. After completing all the accompanying documentation, it is possible to receive from the company necessary payments. These payments are made to the person whose vehicle was damaged as a result of the accident.
All the nuances when the policy is triggered are clearly defined by the terms of the contract that the client signs with the company. Here you need to be extremely careful to be completely sure that your rights and interests are protected. The contract must be studied carefully and thoroughly. A competent assessment of its nuances will prevent many negative aspects and manifestations in the future. If, upon the occurrence of the event, the company tries to reduce the amount of payments or evade the implementation of its obligations, the insured person has the right to apply to the judicial structure. In such a situation, you will have to provide a package of documents that reveal all the nuances of the offense committed, as well as determine the occurrence of the case in which payments are made. Based on a court decision, all payments can be obtained by force with the help of bailiffs.
There are also voluntary options for obtaining a policy, which in their composition have expanded prospects and opportunities for receiving payments in the event of non-standard situations. For example, you can enter situations with flooding of neighbors in the policy. In this case, if it happens that you actually flood your neighbors, then you will need to, on the basis of the protocol - the inspection act, as well as the damage assessment act, demand payment of compensation on behalf of your company.
In other words, civil liability insurance helps to reduce the risks of financial expenses in critical and non-standard situations. When such situations are formed, all payments are made by the insurance company.
There are various civil liability insurance programs. The lowest tariffs are determined for compulsory insurance, which is issued by all car owners. The amount of the tariff will also depend on the quantity these cases, as well as a number of other factors that are provided for by the company's tariff scale. You need to evaluate these factors in advance in order to be able to choose a company with profitable cooperation options.
What is civil liability insurance?
Many think solely about how to protect themselves and personal property as much as possible. But situations are radically different. It often happens that damage is caused to another family, property or health. And in such a situation there are financial obligations which will need to be performed either voluntarily or through judgment in forced format.
Compensation for damages often causes a negative impact on the entire family. For example, a family caused flooding in a building that was undergoing high-quality and expensive repairs. In addition to finishing, equipment was damaged, which provoked the formation of an incredibly significant amount of compensation. The family is not able to make such payments, but a court decision can become the basis for the formation of such a serious burden.
Civil liability insurance is an opportunity to purchase a specialized policy, the object of which will be the client's liability for causing certain types of damage to property, health or life of third parties. In other words, this option for purchasing a policy is an undeniably important element in protecting individual rights by obtaining the necessary payments in the event that the client of the insurance company turns out to be the culprit in the negative consequences.
For example, a family went on vacation, and a pipe burst in their premises during their absence. Water flooded neighboring apartments. Losses formed high. If the family has a policy, then in this case, the damage is assessed, and all claims, according to this assessment, will be paid by the insurance company. Accordingly, no additional burdens are placed on the family financial plan.
On the other hand, such a policy cannot become the basis for protection from administrative or criminal liability. If you have an auto insurance policy and become the culprit of the accident, then insurance is paid in this situation, but you, as a driver, still bear administrative responsibility, which cannot be covered by the policy.
Insurance forms the opportunity to receive payments for certain damage options:
- Damage to property. The process of assessing the condition of the property is necessarily carried out and, based on the data obtained, the cost of restoration is calculated, as well as repairs, the acquisition of equipment that was broken as a result of a clearly defined incident;
- Damage of a personal nature, for example, in the event of an accident on the road, the company assumes the obligation to pay funds for the treatment of the injured party, for care and rehabilitation measures;
- Any harm that is caused to the ecological state of the environment and as a result of which certain negative impact factors were manifested. As a rule, this applies to industrial or production activities;
- Moral damage.
Any person can become the owner of the policy, but its acquisition will be rational for property owners, entrepreneurs, as well as for car owners. The document in this case protects against numerous difficulties, unforeseen expenses, and is also the basis for maintaining your excellent mood even in a critical situation.
Types of liability insurance
Motor vehicle insurance
This is the most common form of civil liability insurance. First, it must be said that it is mandatory. Secondly, the cost of such a policy will be very affordable, therefore, almost every person has the opportunity to purchase it. In the event that the client of the insurance company violates the rules traffic and a certain situation arises that provokes negative consequences for other persons, payments are made by the insurance company. But, it should be borne in mind that companies set specific limits on the policy. If the amount of payments is higher than this limit, additional payments are placed on the shoulders of the culprit in the incident.
Carrier insurance
All transport companies are required to implement a process to protect their customers. Cargo security is also organized. There are standards of the international format, which are uniform. They define the main limits of carriers' liability.
If there is a policy, funds under it are paid in case of a threat to life or health, loss or damage to luggage or any other cargo. Payments are also provided in the absence of fulfillment of the obligations assumed. The insured will be a transport company that makes all the necessary payments. However, if the carrier violated established requirements standards, then compensation for victims may not be provided. This aspect in our country is regulated extremely unstable. But still, this type of insurance exists and it is considered mandatory for transport companies.
Environmental risk insurance
This type of policy provides for the formation of the client's responsibility for those risks that are directly related to the negative impact of the enterprise's activities on nature (ecology). If such cases are identified, the amount of damage caused is determined, and this amount must be paid by the company. Such contracts, as a rule, are drawn up with companies of a large scale. These can be industrial enterprises and centers, mines, oil refineries, etc.
In such situations, payments are very significant, therefore, not every company will be able to provide you with such a policy option. At the same time, it should be taken into account that large companies even provide a variety of policy packages on this issue.
Responsibility of the manufacturer and seller
Despite the fact that modern manufacturing companies are almost completely robotized, this still does not exclude the possibility of marriage. There is a policy that provides the formation of protection from the liability of the manufacturer and the seller. The reasons for production lines can be different. For example, working conditions are violated to a certain extent, and the line produces goods that do not correspond to the declared quality. Or omissions are formed at the stage of project development, low-quality consumable material is used. But most often the cause of such situations is the human factor.
In the event of a marriage, the damage is caused not only to the consumer. Incredibly significant losses will endure the manufacturer himself. And in order to protect themselves from negative consequences, serious expenses and a host of other troubles, almost every modern manufacturer tries to conclude an insurance contract that will correspond in time to the warranty period for products sold by the company.
Professional liability insurance
This method of insurance in our country is relatively new. The essence of the policy is that if the professional was unable to perform his work in a qualified manner, and the user of the services suffered serious losses, then in this situation these losses can be attributed to the professional, in accordance with the established norms of the contract. If the specialist has a policy, then all payments will be made by the company.
Developer liability insurance
Note that this procedure in our country is mandatory. Such insurance contributes to the return of deposits to all equity holders in the event that construction company could not, for some reason, carry out the construction process or went bankrupt. This procedure has been mandatory by law since 2014. Since this moment the law determines what to take cash from potential buyers to the time of final construction, the company can only if it has a specialized policy.
Default
Policies of such liability are considered quite rare. Although every day the relevance of the policy is becoming more significant. It is acquired in order to form the protection of borrowers in the event that it is not possible to fulfill obligations to the creditor.
Step-by-step instructions for civil liability insurance
Step 1: Choose a company
You need to act wisely so that the company you trust can actually meet your high requirements. You should not trust the drafting of such an agreement to a company that offers the lowest price options. The issue needs to be studied in great detail so that there are no unpleasant surprises in the future.
- Financial stability. Such an indicator is based on the data of the authorized capital, as well as on the basis of a study of the amount of insurance payments;
- The duration of the company. The longer the company exists, the more stable it will be, which means that insurance in it will be a more reliable event for you;
- Assess the range of services, the presence of branches;
- Pay attention to the existence of specialized ratings, which are compiled by independent agencies. In this case, through such knowledge, you will actually be able to correctly select options for cooperation;
- Carefully study the reviews of customers who have already used the services of this company.
Step 2: Decide on the direction of insurance
When signing the contract, a specialized list of risks of the insurance format is certainly formed. The more significant this list is, the more significant the final cost of the product will be. So, you need to assess the likelihood of a particular situation in order to rationally assess the prospects for including certain cases in your policy.
Step 3: Prepare documents
As a rule, companies establish the need to provide a minimum amount of a document. The thing is that the requirements of a substantial list of certificates, etc., can seriously reduce the number of people wishing to issue a policy. But there are certain packages, the design of which will require the collection of a more significant amount of documentation. A complete list of documentation can be obtained by contacting an agent of the insurance company.
Step 4: We make payment
Each company independently determines the list of options through which you can make a payment procedure for services. This may be a cash payment directly to the firm. This can be a transfer of funds to a current account or payment by card. The more payment methods a company has, the more significant the demand for its services will be.
Step 5: Conclusion of the contract
To get reliable guarantees that the policy will actually be beneficial to you, you need to make sure that all the previously agreed conditions are described in the contract. If you see that certain items differ from the information that you received from the agent, you should immediately ask questions, clarify the situation. Many experts say that if the policy is issued for enough a large sum, then it would be rational to provide it for study by a lawyer. In this case, you will be able to approach the issue of protecting your interests as competently as possible and be sure that your interests under the document are clearly observed.
- Try to cooperate exclusively with those companies that have been working for a significant amount of time and have significant experience in this matter. Without additional verification, you do not need to immediately begin the process of obtaining insurance. Today there are a lot information resources and forums, through which you can get a fairly deep knowledge in the field of interaction between clients and the insured. When choosing, be sure to be guided not only by reviews, but also by studying real data. Also evaluate the ratings of independent agencies. So you will carry out a full-fledged study of the stability of the company and be sure that such interaction can please you with high parameters of reliable security;
- Try to always be careful. When filling out personal data and when compiling documentation, always double-check all specified information. The occurrence of some typographical errors may further cause a refusal to provide payments. Naturally, you can challenge the company's decision in court, but a more rational option would be a detailed study of all the nuances at the stage of preparing the documentation;
- Study the entire list of risks in detail. The terms of the contract should be studied by you thoroughly. Only if you are fully confident that your interests are met by all points, the contract can be signed. In other situations, you need to understand that you can sign a document that does not meet the previously agreed conditions. Not less than important aspect an assessment of the specified risks is considered. Not all companies initially offer a choice, and there are situations when, after stipulating all the conditions, the company introduces into the contract standard package risks, which generates a serious increase in the tariff;
- Try to continue to use the services of those companies with which you have already cooperated. This will allow you to rely on certain additional discounts. Often such clients also receive bonuses, take part in promotions, so such cooperation will be beneficial both for the insurer, as it will be long-term, and for the client, since he will be offered many additional benefits.
Do you need civil liability insurance?
We found that in certain cases this insurance is mandatory and necessary. For example, in without fail such a policy will have to be purchased by car owners. The structure of such protection is based on legislative norms, and they also say that it is impossible to drive a vehicle without having a policy.
Be sure to get a policy and transport companies that carry out the process of transporting people and goods. In such a situation, very an important factor is that the company will not be able to obtain a license to carry out its activities without having such a policy.
In other situations, civil liability insurance is voluntary. But, practice shows that risk insurance for large companies(environmental), another important factor in normal development. If a situation arises when it becomes obvious that it is necessary to form payments for violation of the established legislative norms on environmental pollution, the production will essentially relieve itself of the responsibility of the financial plan and shift it to the insurer. The cost of such insurance will not be low, but the payments under it are very significant.
At its core, civil responsibility is present in every person, and there are many cases when such responsibility became the basis for the formation of an incredibly significant number of difficulties and problems. For example, when a building with a steep renovation and high-quality equipment is flooded, compensation payments are often so significant that they are simply unbearable for a person. But, the law determines the need to make such payments, and often citizens have to sell their property in order to get rid of the encumbrance. This situation can become critical for many. It is much easier and more rational to carry out the insurance process. And in the event that you flood the neighbors, you simply go through the application process in insurance company with the act of value, after which, the firms will make all the necessary payments, and the financial burden will not be placed on your shoulders.
We will certainly say a few words about professional risk insurance. These policies in our country are just beginning to come into use. A significant number of insurance companies have already appeared that are able to provide a very significant package of risk insurance in this area. So, there is a chance to protect yourself as much as possible from the negative manifestations of professional mistakes.
OSAGO is a type of car insurance that covers damage caused to third parties due to certain actions on the part of the driver of the insured car. In the common people - "autocitizen". Civil liability insurance appeared in the early 20th century in the United States of America. Then it became popular in Europe and the rest of the developed world.
Why did the Russian Federation make compulsory civil liability insurance for car owners?
Autocitizen helps the state and its people to create reserve fund, which will guarantee the payment of damages by traffic offenders to the injured parties.
Countries that understand the convenience of this procedure use civil liability insurance to quickly resolve claims of victims, establish this species insurance at the state level, making it mandatory.
And despite all the indignation of motorists who were categorically against such a decision, today almost all Russians recognize the need to establish precisely such rules and the expediency of decisions by the leadership of the Russian Federation.
What affects the cost of insurance?
The tariff and cost of the OSAGO agreement are determined by the state that has developed a special cost grid consisting of a set of coefficients. According to them, the calculation should be made.
Directly affect tariff scale the following factors:
1. Region of vehicle registration. Odds, for example, in Moscow are at more than high level which makes insurance more expensive than in the provinces.
This feature allows the insurance company to cover its risks, which are present in large cities. That is, if there are 1 million inhabitants in a settlement, then it is logical that there will be more cars in it than in villages. At the same time, the level of risk that the insured driver will crash into someone increases, since the level of saturation of the road with other cars is much higher.
2. Engine power. The more powerful the engine, the more speed it can develop. And the more readings on the speedometer, the higher the risk that the driver will lose control and harm the road users around him.
3. Age, experience and number of drivers allowed to drive a car. The age of the driver up to 22 years and the driving experience up to 3 years have a strong effect on the cost of insurance.
This means that at this stage the driver is just learning to ride, and you can expect anything from him. Younger age threatens with irresponsible behavior on the road. Just like a short experience of driving a car, he says that a person can, due to ignorance of the rules or in a panic, violate the rules of the road, which will create an emergency.
All this, for obvious reasons, affects the level of risks that the insurance company must cover when entering into each civil liability insurance contract. And, accordingly, the higher the risks, the greater should be the payment for them. This is reflected in the amount of the insurance payment.
What are the amounts of insurance payments?
1. Coverage of damage associated with the life and health of one victim - no more than 160 thousand rubles.
Referring to the rules of civil liability insurance, we can conclude that in the event of compensation for damage associated with the death of the breadwinner, the payment limit is 135 thousand rubles. And no more than 25 thousand rubles. to cover burial expenses.
2. Coverage of damage associated with the property of all victims - no more than 160 thousand rubles, for one - no more than 120 thousand rubles.
3. The maximum payment in the Russian Federation under OSAGO by the end of 2019 will be set at a level of up to 400 thousand rubles for all regions in accordance with the Europrotocol.
How to conclude an OSAGO agreement?
Due to the fact that OSAGO is a binding contract, each motor vehicle must have such insurance.
In order to conclude a contract for motor third party liability insurance, you can contact an agency agency that receives a surcharge for concluding contracts on behalf of the insurance company. Often these are banks and retail outlets that sell cars. Of course, there are those who sit in old "Zhigulis" right on the side of the road and offer to "issue" an insurance policy cheaper, but they cannot be trusted, and the scammers must be immediately reported to the relevant authorities.
You can contact the insurer directly
There is also an option to apply directly to the insurance company with the desire to conclude a contract for civil liability insurance of vehicles. Often it is less convenient, since there are much fewer representative offices of insurance companies than branches of banking institutions, which means that there are more queues in them.
But only in this case you will be told in detail all the conditions of insurance, methods of compensation for damage and renegotiation of the contract.
Use the Internet to Renew Contracts
You can extend civil liability insurance contracts directly via the Internet, which is very convenient for busy people who are not able to sit in queues at various financial institutions-agents or directly from insurers.
In addition, electronic document management helps to automatically record all changes, incidents and other events that fraudsters can influence without the availability of such information. For example, there were often cases when they concluded contracts retroactively for those cars that were participants in an accident and did not have an insurance contract properly executed at that time.
So at the moment there is the possibility of a quick and high-quality renewal of OSAGO agreements online without leaving home.