Compulsory passenger and liability insurance

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

In order to ensure the protection of citizens, the federal law has agreed on a rule on compulsory insurance of passengers. Accordingly, everyone using public transport or road transport services should study and be aware of these rules. Passenger liability insurance is also important.

What should a passenger know?

Everyone needs to understand that when paying the cost of a ticket, insurance is automatically included and the guarantee is valid until the destination, up to the exit of the person from the vehicle. The law states that in the event of an insured event, the payment can reach up to two million rubles. The amount of insurance coverage is set in each case separately and cannot be changed during the term of the contract. Thus, the carriers are given a huge responsibility in proving his guilt.

Carrier and passenger liability insurance will be covered in this article.

What contributed to the adoption of this law?

Explanatory noteto this Federal Law contained information that damages to passengers injured during transportation are not always, not fully and belatedly compensated. Moreover, carriers do not always have the financial opportunity to compensate for the damage to the victims. The current mechanism of insurance during transportation does not allow to provide an appropriate and guaranteed amount of compensation. Therefore, the new law of carrier liability insurance can become a reliable replacement for personal compulsory passenger insurance.

The main purpose of the law

The main purpose of federal law is to protect the interests of passengers by guaranteeing compensation for damage caused in the process of travel, regardless of transport and mode of transportation.

The law reduces the possibility of the insurer's refusal to pay. Companies are also liable for lateness in the form of pen alties.

Passenger insurance conditions

Every Russian transportation company is interested in insurance, and the state, in turn, attaches great importance to this issue. Due to the problem of constant accidents and, as a result, harm to human he alth or life, as well as to improve the quality of cargo delivery, the government annually amends the bill, considering new proposals. The law, which was signed in 2012, includes passenger insurance, a tougher measure of the carrier's liability, a separate item isCompensation for damage caused during the transportation of people by metro. For example, if a passenger was injured during transportation with harm to life and he alth, or this led to his death, then payments are sent for treatment, or material compensation is paid to relatives and friends who have lost their source of income in the person of the victim. And also includes additional compensation for non-pecuniary damage.

What else does compulsory insurance of passengers and carriers imply?

Modes of transport

In order to make the law more specific, they are making changes and increasing responsibility for each type of transport. The list includes: rail (long-distance, suburban), air, sea, inland water, bus (intercity, suburban, intracity, such as land urban and electric transport), as well as transport responsible for merchant shipping.

A certain charter, regulation and code has been approved for each species. According to the law on compulsory insurance of carriers and passengers, it is possible to insure transport and forwarding organizations engaged in the carriage of goods, as well as forwarding, that is, an object of property interest of any transport company. In a situation where there was a failure or the agreement on the delivery of the goods was not fulfilled, the responsibility for paying the damage lies with the company. And if there was a carrier insurance program, the insurance company takes on part or all of the compensation. Compensation is paid only after an investigation and determination that a third party was not involved and there was no negligence.

In this case, the insurer fulfills its obligations for the insured cargo to the insured, and the payment under the Convention of the Charter of the Russian Federation Road Transport is also included. For example, an accident, fire, theft, where the cargo was damaged or became unusable, there was a financial loss: delay, incorrect dispatch (mailing) of the cargo. As well as a fine if the dangerous goods caused harm to he alth, human life and the environment. Also, the insurer assumes the financial costs for carrying out the necessary measures to save the cargo. This list also includes legal fees.

Taxi cars are not subject to the law. In the case of a trip by passenger taxi, the carrier is responsible for the passenger, which is regulated by other regulations, namely the Federal Law N 259-FZ "Charter of Road Transport and Urban Surface Electric Transport" dated November 08, 2007

The metro administration has no obligation to insure the liability of the carrier, but if any harm happens to passengers, compensation will have to be paid from the perpetrator's own funds in full.

Passengers must know: insured injuries are those received in the subway car. Otherwise, compensation will be possible only after proving the fault of the subway employees in what happened.

What are the obligations of the parties whenpassenger and carrier insurance?

Obligations of the parties

The insurer must:

1. Conclude a contract after reading the rules stipulating how the carrier needs to insure passengers.
2. When an insured event occurs, draw up an act according to which payment is made to the injured party. An exception is the death of the victim. Then the amount is paid to the heirs.
3. Do not disclose information about insurance, except for the moments provided for by law.
4. Timely transfer funds from the fund to the state budget.

The policyholder must:

1. Pay the full premium on time without delay.
2. Draw up an act upon the occurrence of an insured event, report it after 5 working days.
3. If the claims of the injured party have decreased or she has refused to pay, be sure to inform the insurer.
4. If possible, prevent insured events and take all necessary measures.

Insurance of carriers and passengers, in addition to obligations, also implies rights.

Rights

The insurer has the following rights:

1. Conclude a contract after checking all the information.
2. Request all the necessary data and confirmation of the insured event from the relevant authorities.
3. Prohibit payouts for intentional damage.

The policyholder has the following rights:

1. Study all the conditions of the insurer and the measure of responsibility to passengers.
2. Demand the terms of the contract.

Conclusion

With due knowledge, observance of the rules, necessary regulations and laws in the process of transporting cargo, as well as in the transport of passengers, many unforeseen situations and problems can be avoided.

We looked at what liability insurance for passengers and carriers involves.