OSGOP insurance. Compulsory carrier civil liability insurance

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

What does OSGOP mean for passengers and on what modes of transport does this type of insurance liability apply? Not many users will be able to correctly answer such a simple question. It is necessary to understand for what types of transportation and for what the insurance company is responsible.

OSGOP or OSAGO

From January 2013, all carriers that provide transport services to passengers are required to have an OSGOP agreement in the set of permits. The decoding of this abbreviation is a bit like OSAGO. What these names have in common is compulsory civil liability insurance.

However, the first type of insurance applies to all passenger carriers, except for taxis and dangerous objects. Passenger transportation in minibuses is also subject to the OSGOP, provided there are 8 or more passenger seats and are not used in taxi services. It is under OSAGO agreements that taxi drivers insure their civil liability to their customers. Transport related to the use and operation of hazardousobjects must be insured by the owners of such objects. For metro users, the provisions of the articles of the law on OSGOP apply.

Basic concepts

When concluding an OSGOP agreement, insurance is provided for the period of transportation of passengers by means of transport in accordance with the approved route and purchased tickets. The carrier can be both a legal entity and a private entrepreneur who is officially registered and acts in accordance with the regulations.

A passenger is a customer of a transport company who paid for the trip. In addition to those who have a ticket, children are also considered a passenger, for the transportation of which it is not necessary to purchase a travel document.

When an insured event occurs, the insurance company that has entered into a contract of compulsory insurance of the carrier's civil liability will compensate for property loss or damage to the he alth of passengers.

Conclusion of the contract

Insurance organization must have a valid license for OSGOP. Insurance is carried out on the basis of an application received from the carrier, which is engaged in servicing passengers. Such a need can be expressed both in writing and orally. The insurance company does not have the right to refuse the transport organization to execute the contract in the approved form.

The contract comes into effect from the moment it is signed by both parties, but not earlier than the insurance payments have been received on the insurer's bank account.

Amount of insurance liability

Infliction of property damage, as well as damage to the he alth of passengers is the object of OSGOP insurance. Civil liability under contracts is distributed in accordance with insurance risks:

• at least 2,025,000 rubles - the life of a passenger;
• at least 2,000,000 rubles - the he alth of the passenger;
• at least 23,000 rubles - the property of the passenger.

The amount of insurance coverage is approved for a specific insured event and is not subject to change until the contract has ended. When determining responsibility for life and he alth, the deductible does not apply.

Term of agreement

OSGOP insurance contract is concluded for a period of at least one year. Other periods of insurance protection are applicable only for water transportation, which are carried out within the country. In such agreements, the period of validity depends on the period of navigation allowed.

Early termination of the contract in accordance with the OSGOP law is permissible in the case of:

• revocation of the license of a carrier or insurer;
• liquidation of the insurance company;
• non-payment of the next part of the insurance premium.

Insurance premium

The rate is used to calculate the amount of the insurance payment. The Central Bank approves the maximum and minimum sizes, which depend on the type of vehicle, type of transportation, number ofserved passengers, existing customer property liability franchise.

The total amount of insurance premiums is calculated separately for each insurance risk and summed up. The calculation is made per passenger. Then, based on the passenger traffic of the transport carrier, the total insurance premium calculations are made.

There are situations when, during the period of validity of the OSGOP insurance contract, changes occur in the number of passengers carried (the fleet increases, the bus is alienated). Such changes affect the calculation of the mandatory insurance payment up or down. In these cases, the insurance company has the right to demand additional payment of the insurance premium, and the policyholder has the right to demand the return of part of the paid payment.

The insurance organization may refuse to pay compensation upon the occurrence of an insured event if the carrier has not reported quantitative changes in the insured risk.

The carrier is obliged to transfer the calculated insurance premium in a single payment or in equal installments in accordance with the clauses of the signed agreement.

If the transport company has not transferred the next part of the insurance premium, the liability of the insurer terminates ahead of schedule. At the same time, if an insured event occurred during the non-payment period, the financial company has the right to demand payment of not only part of the insurance payment, but also interest pen alties.

Compensation payments

Compulsory OSGOP liability insuranceof the insurer occurs if the carrier causes property losses, as well as damage to the he alth of passengers. Upon the occurrence of an event that falls under the scope of the contract, the transport company is obliged to inform the affected customers about the payment procedure, the name of the insurance company, and the details of the current contract. Under tragic circumstances, the carrier is obliged to provide this information to the beneficiaries of the deceased passengers.

To receive the amount of insurance compensation, the victim or heir must provide a set of documents:

• internal passport, foreign passport, birth certificate, foreign citizen's passport, sailor's passport;
• travel document or official supporting testimony of other passengers;
• certificate of traffic event;
• medical he alth reports;
• expert valuation of damaged property;
• death certificate.

If an individual entrepreneur is engaged in passenger transportation by minibuses, then he is also obliged to conclude an OSGOP agreement. If the carrier violated the provisions of the current legislation and did not sign the agreement, he will have to bear responsibility for the damage caused at the expense of his investments.

Refused payment

The insurance company does not pay compensation amounts in such cases:

• nuclear strike, radiation, military events, civil unrest,strikes;
• deliberate actions of the beneficiary;
• loss on property risks is less than deductible;
• incomplete set of supporting documents.

Each passenger who is in the vehicle at the time of the insured event is insured on the basis of the OSGOP law. Information about the existence of such an agreement must be placed in a conspicuous place inside the bus, on tickets, on the website of the transport company, and advertising materials.