Words borrowed from English. English borrowings in Russian

Third party liability insurance for vehicle owners includes two major types of insurance: liability insurance for causing harm to third parties during the operation of the vehicle (this is, first of all, motor third party liability insurance) and carrier liability insurance.
Third party liability insurance for motor vehicle owners (civil liability) arose after car insurance, due to a sharp increase in their number after the First World War and, as a result, the number of victims in car accidents.
The beginning of automobile insurance was laid in the UK, where in 1898 the first policy for vehicle insurance was issued. And already in 1930, the UK introduced compulsory liability insurance for third parties injured in a road traffic accident (RTA).
Third party liability insurance for vehicle owners is mandatory in many countries around the world.

The object of insurance is property interests related to compensation by the insured for harm to life, health and damage to property of third parties that may be caused during the operation of the means of transport.
In countries where a law on compulsory third party liability insurance has been adopted, insurance rates are usually determined by law and depend on: for freight transport - on the carrying capacity; for cars - from engine power.
the federal law“On Compulsory Insurance of Civil Liability of Vehicle Owners” dated April 25, 2002 No. 40-FZ (with subsequent amendments and additions), which entered into force on July 1, 2003, defines a vehicle as a device designed to transport people and goods on roads or the equipment installed on it. The law (see Appendix 4) established the basic concepts, principles, conditions and procedure for the implementation of compulsory motor third party liability insurance. The maximum amount of the sum insured is set by law at 400 thousand rubles, including: in terms of compensation for harm caused to the life or health of several victims - 240 thousand rubles. and no more than 160 thousand rubles. for one victim; in terms of compensation for damage caused to the property of several victims - 160 thousand rubles. and no more than 120 thousand rubles. for the property of one victim. />During the term of the contract of compulsory motor third party liability insurance, the number of payments for insured events is unlimited, however, each payment must not exceed the maximum amount established by law. Thus, the sum insured (liability limit) in OS AGO is non-aggregate.
In each specific case, the amount of insurance payment depends on the actual damage to the property of the victim, taking into account his other expenses in connection with the harm caused (evacuation of the vehicle from the scene of an accident, storage of a damaged vehicle, delivery of victims to medical institution etc.) and damage to health, taking into account the expenses incurred by the victim for his restoration and compensation for the income of the victim lost due to the damage caused. In the event of the death of the victim, damages due to the loss of the breadwinner and burial expenses are compensated.
Insurance premium rates for compulsory motor third party liability insurance (OSAGO) are established by Decree of the Government of the Russian Federation No. 739 dated 08.12.05. use of the vehicle (the highest multiplying factor in Moscow); the presence or absence of insurance payments in previous periods; depending on the availability of information on the number of persons admitted to driving a vehicle (KO), the age and experience of the driver; depending on the engine power of a passenger car (vehicles of category "B")
depending on the period of use of the vehicle; depending on the term of insurance; the presence of violations, provided for in paragraph 3 of Art. 9 of the law "On Compulsory Insurance of Civil Liability of Vehicle Owners".
These violations are as follows: providing the insurer with deliberately false information that affects the insurance premium, which entailed its payment in a smaller amount compared to the amount that would have been paid if the vehicle owners had provided reliable information; intentionally facilitating the occurrence of an insured event or an increase in losses associated with it, or deliberately distorting the circumstances of the occurrence of an insured event in order to increase the insurance payment; infliction of harm under the circumstances that were the basis for the presentation of a recourse claim.
The insurance premium is determined by multiplying the base rate by increasing and decreasing coefficients. The base rate, for example, for passenger cars is set at 2,375 rubles. for transport of legal entities and 1980 rubles. - for individuals.
When concluding a compulsory insurance contract, the insured is assigned a class depending on the frequency of insured events that occurred through his fault. When concluding a compulsory insurance contract for the first time, the insured is assigned class 3. When concluding a compulsory insurance contract with him for a new term, it is applied, depending on the number of insured events that occurred through the fault of the insured during the validity period of previous contracts, increasing the coefficient of the insurance rate with the assignment of a lower class, down to the lowest. In case of accident-free operation of the vehicle and in the absence of insured events that occurred through the fault of the insured, a reduction coefficient is applied with the assignment of a higher class.
The maximum amount of the insurance premium under a compulsory insurance contract cannot exceed 3 times the base rate of the insurance rate, adjusted depending on the territory of the predominant use of the vehicle, and when applying a multiplying coefficient for violation of the law "On Compulsory Insurance of Civil Liability of Vehicle Owners" - its 5 times the size.
The liability of the owner of the vehicle and, accordingly, the insured event occurs after proof of his guilt in causing harm to third parties. To receive an insurance payment, the victim must submit to the insurer documents confirming the amount of damage caused to him.
Analysis of the experience of carrying out third party liability insurance in Russia in 2003-2004. revealed strong dissatisfaction with its results among policyholders, victims, traffic police officers. Policyholders are dissatisfied with the large amounts of insurance premiums, the victims - red tape with the execution of documents for payment. Traffic police officers do not have time to register road accidents - their number has almost doubled (previously, minor road accidents were simply not registered). The level of payments under OSAGO in 2005 reached 58.6%.
It should be borne in mind that, according to the law on OSAGO, disabled people who received cars through the authorities social protection of the population are entitled to 50% compensation for the cost of the OSAGO policy. In addition, the organs state power subjects of the Russian Federation and bodies local government within its powers, it has the right to establish full or partial compensation of insurance premiums under OSAGO agreements for certain categories of citizens.
Carrier civil liability insurance is a specific type of liability insurance for owners of vehicles involved in transportation.
The carrier is a natural or legal person (usually a transport organization) that owns a vehicle that must deliver the goods transferred to it by the sender to the destination and hand it over to the recipient. Another important subject of transport operations is the freight forwarder, usually a legal entity, which ensures the coordination and interaction of all parties involved in the transportation, transshipment operations and other services related to the contract of carriage. Very often, the functions of a carrier and forwarder are combined by one person. The carrier can also carry passengers.
The carrier may have contractual and non-contractual liability. Contractual liability arises as a result of non-fulfillment of the contract of carriage or violation of customs legislation. The second - in cases of damage to the cargo, passengers or unauthorized persons.
The damage caused shall be reimbursed by the carrier in the following amounts: in case of loss or shortage of cargo (luggage) - in the amount of the value of the lost or missing property; in case of damage (spoilage) of cargo (luggage) - in the amount by which its value has decreased, and if it is impossible to restore damaged valuables - in the amount of their value; in case of loss of cargo (luggage) handed over for transportation with the announcement of its value - in the amount of the indicated value; in case of death or harm to passengers - in the amount established by international agreements or national legislation.
Along with the compensation for the established damage, the carrier returns the carriage fee if it is not included in the cost of the goods.
Carrier's liability insurance is understood as insurance protection against risks associated with the fulfillment of obligations to customers. This is separate view insurance, along with cargo insurance, protecting, first of all, the interests of the cargo owner and passengers, but not the carrier.
The carrier's liability insurance conditions usually provide for the release of the insurer from the obligation to make an insurance payment if the losses caused to third parties were caused by the carrier's fault or force majeure circumstances provided for by the Civil Code.
At the same time, in accordance with Art. 963 of the Civil Code, the insurer is not released from the obligation to pay insurance compensation for causing harm to the life and health of individuals, even if the insured event occurred through the fault of the insured carrier.
In Russia, this type of insurance is voluntary, but any Western partner will require Russian forwarders or carriers to conclude an insurance contract before entrusting cargo or passengers.
The liability of the carrier begins from the moment of acceptance of the goods for carriage (boarding of passengers) and continues until the moment of delivery.
When accepting the cargo, the carrier is obliged to check the correctness of the data contained in the consignment note on the number of places, their marking. His duty is to check external state cargo and its packaging.
In international practice, the liability of the cargo carrier is regulated by a number of conventions and Rules containing specific terms. Some of these definitions are given in the dictionary of insurance terms at the end of the textbook.
The carrier's liability insurance covers the risks of damage or loss of cargo, losses due to non-compliance with the terms and addresses of delivery, customs risks, liability for losses caused to third parties, costs of investigating the circumstances of insured events.
A carrier's liability insurance contract can be concluded with any insurance company, however, at present, a mutual form of insurance is widespread in specialized international associations, among which the TT Club association is most famous.
TT Club (Through Transport Mutual Insurance Association Ltd) is one of the largest insurance companies specializing in insurance of the non-marine part of intermodal transportation, in particular, the liability of road carriers and freight forwarders. The head office is located in London. In addition to it, the structure of the "TT Club" includes six regional offices: in London, New Jersey, Miami, San Francisco, Sydney and Hong Kong, a network of coordinating firms in other countries and local companies that establish insured events when they policyholders apply, or on behalf of the TT Club.
The scale of the TT Club operation is evidenced by the fact that it insures more than 70% of the world's container fleet. "TT Club" is an associated member of FIATA and IRU. A feature of the "TT Club" is that it is itself an insurance association of transport organizations and operates on the principles of mutual, i.e. nonprofit insurance.
When insuring liability to third parties in cases of damage caused by the cargo, liability is accepted for insurance that is not related to the contractual liability of the road carrier, i.e. liability for damage to property and health (including death) of persons during unloading, falling, explosion of cargo, leakage, as a result of pollution environment etc. The insurance also covers the costs of the insured for the provision of medical care, burial, indirect losses. When insuring the liability of a road carrier, the insured is usually reimbursed for the costs of investigating the circumstances of the accident, for the legal protection of his interests, as well as the costs incurred to prevent or reduce the amount of losses. This group of risks includes expenses for paying for the services of experts, lawyers, expenses for salvaging cargo, selling goods damaged during transportation, etc. By agreement between the insured and the insurance company, other risks may be included in the insurance contract.
In international practice, the liability of the cargo carrier is regulated by a number of conventions and Rules containing specific terms. Some of these definitions will be given below in English transcription based on the book by Shinkarenko I.E. "Liability Insurance. Handbook" of the publishing house "Finance and Statistics".
In maritime transport, shipowners' liability insurance was formed in the UK only in mid-nineteenth in. The essence of this type of insurance is to provide owners, charterers or other persons, one way or another connected with the operation of ships, with insurance protection against claims from third parties. The British were the first to formulate many definitions of liability insurance, which are still used in international practice without translation.
In 1880, the UK adopted the Employers' Liability Act, according to which the shipowner was held liable for the death or injury of the crew received during the performance of their duties.
In accordance with the terms and conditions of liability insurance to third parties, the liability of shipowners related to the obligation of the latter to compensate for harm caused to the life and health of third parties and expressed in injury, illness or death, provided that the harm was the result of negligence or omissions that occurred on board insured ship. Third parties include passengers, crew members, pilots, loaders, dockers. Reimbursement was made for the costs of medical care and burial, repatriation, compensation for disability and death of the breadwinner, loss of crew employment, loss of personal belongings of passengers and other reasonably incurred expenses.
Claims in connection with the loss of cash, documents, precious or rare earth metals or precious stones, securities, etc. Under the terms of the Life salvage reimbursement rules, the amounts that the shipowner is legally obliged to pay to third parties due to the fact that they saved or tried to save the life of persons from the insured ship are compensated, provided that this risk is not covered by a comprehensive insurance policy of this ship or is not reimbursed by the owners or insurers of the cargo.
In the middle of the last century, English courts began to impose obligations on shipowners to pay for repairs or purchase a new ship to another shipowner if the first one was found guilty of a collision. Insurance companies, together with the shipowner, tried to challenge the legitimacy of such a claim, and in case of failure, they compensated the losses to the injured shipowner. Such insurance was called "protection insurance" (Protection). Shipowners responsible for the loss of people or cargo were obliged to compensate for such damage. Insurers reimbursed shipowners' expenses; such insurance is called "indemnity insurance" (Indemnity). Over time, both types of insurance merged into one, and protection and indemnity insurance arose (Protection and Indemnity Insurance). This term is used today, more often in the abbreviated form Ramp; E These are mutual insurance clubs, their goal is to insure shipowners of each other's interests to provide reliable insurance protection, and not to increase profits.
The club is run by a company created by the members of the club. A member of the club or a formal owner is any shipowner who has concluded an insurance contract with him. The first mutual insurance club "Shipowners Mutual Protection Society" was founded in 1855 in England. Today, 17 leading clubs, insuring about 90% of the world's cargo tonnage, form the International Group of Clubs - MGK Ramp;1. Thanks to a well-established system of reinsurance, these clubs accept risks with very large (several billion dollars) limits, and sometimes with open limits.
Under the agreements of clubs that are not members of the International Civil Aviation Committee, as well as a few traditional insurance companies engaged in liability insurance of shipowners, the insurance amount is limited to a much smaller amount of $100 million for each insured event (maximum).
Clubs provide their members with insurance protection only against those risks that cannot be insured in the commercial insurance system, i.e. in traditional insurance markets. The practical sphere of their activity is the World Ocean, and the basis for regulating claims against shipowners is the general maritime law.
The lists of risks covered by the shipowners' liability insurance contract are practically unified. There are about 30 types of insurance events that can be divided into several groups. Liabilities associated with causing harm to life and health in connection with death, injury, illness, burial. Liabilities related to causing damage to the property of third parties (Loss of or damage by collision to any other vessel or goods). Obligations related to causing harm to the environment. According to the legislation of various countries, responsibility may be assigned to the shipowner due to environmental pollution by various substances: from oil and oil products to hay and straw. Obligations arising from the claims of the competent authorities (port authorities, customs, quarantine authorities, etc.). Responsibility for the removal of the remains of a shipwreck is one of the significant risks to which the shipowner is exposed (Liability for Removal of the Wreck). It is assigned without regard to the presence of guilt of himself or his employees. According to the terms of insurance of this risk, “the cost and related costs of lifting, removing, destroying the remains of a shipwreck and installing light or other signs that indicate the location of the remains of a shipwreck” are considered insured. Obligations under special types of contracts (rescue and towing contracts, contracts for the carriage of passengers). It should be noted that some of these obligations can be attributed to one of the previous groups, but some - only to this group (expenses for preventing damage, reducing or determining the amount of loss, expenses for hiring surveyors, lawyers, experts, sending team members as witnesses to court or arbitration).
Under the terms of Liability for loss or damage under a customary contract of towage, liability insurance covers the liability of the shipowner, imposed under normal conditions a towage agreement under which his ship is either towed or towed.
The insurance may also take the risk of unforeseen quarantine expenses (quarantine expenses), which the shipowner is forced to bear due to the outbreak of an infectious disease on board the ship.
Responsibility in Respect of Cargo is subdivided into: liability for loss, shortage or damage to cargo; liability for through or reloading bills of lading; liability for unclaimed cargo at the port of discharge; responsibility for the removal of damaged cargo; liability for damage to the loading and unloading device.
The liability of a Russian carrier in maritime transport is regulated by the Code of Merchant Shipping of the Russian Federation, and in inland water transport - by the Charter of Inland water transport.
In addition, the Russian licensing requirements for licensing transportation, freight forwarding and other activities related to the implementation of the transport process in maritime transport establish that in order to obtain an appropriate license for the right to carry out the transport process in maritime transport, it is necessary to submit copies of documents confirming the availability of sufficient financial resources or on insurance in case of compensation for possible losses caused through the fault of the license holder to the consumer of works (services), other legal entities and individuals, the environment.
In international transport, liability is governed by international conventions and protocols. It should be noted that in international practice, no legal act (convention, agreement) has been created to regulate issues related to the content or form of the charter. The main source of law in relation to charters is the national legislation of the respective countries. Brussels Convention on Bill of Lading. The limit of liability is £100 per package or shipping unit, or its equivalent in other currencies, unless the nature and value of the goods have been declared by the shipper prior to shipment and are not specified on the bill of lading. Protocol amending the International Convention for the Unification of Certain Rules Relating to Bills of Lading, 1968 (the "Visby Protocol"). The limits are 10,000 Poincaré francs per package or unit or 30 Poincaré francs per kilogram of gross weight of the goods, whichever is higher, if the nature and value of the goods were not declared by the shipper prior to shipment and were not indicated on the bill of lading . Hamburg Rules (United Nations Convention on the Carriage of Goods by Sea). Limits of 835 Special Drawing Rights (SDR) per piece or other shipping unit, or 2.5 SDR per kilogram of gross weight of lost or damaged cargo, whichever is higher. The size of the SDR is determined by the International Monetary Fund (IMF). Non-IMF countries may apply limits expressed in Poincare francs (currently one Poincaré franc is equal to 1/15 SDR).
With regard to delay in delivery, pursuant to Art. 6 (1) of the Hamburg Rules, the limit of liability is limited to an amount 2.5 times the freight payable for the delayed cargo, but not exceeding the amount of the freight payable on the basis of the contract of carriage by sea. The carrier's aggregate liability for loss, damage and delay shall not exceed the limits for total loss of the goods in respect of which such liability arose.
By agreement between the carrier and the consignor, limits of liability may be established that exceed the limits provided for in the Convention (art. 6 (4)).
There was no information about the entry into force of the Hamburg Rules. Protocol amending the International Convention for the Unification of Certain Rules Relating to Bills of Lading of 25.08.24, as amended by the 1968 Protocol. (1979). If details of the nature and value of the goods are not declared by the shipper prior to shipment and are not included in the bill of lading, the limits are 666.67 SDRs per package or shipping unit, or two SDRs per kilogram of gross weight, whichever is higher. Provisions similar to those of the Hamburg Rules are provided in order to achieve uniformity in the conversion of limits into national currencies.
The liability of the carrier in inland waterway transport is determined by Art. 115-121 of the Inland Water Transport Code Russian Federation» dated 07.03.01 No. 24-FZ (as amended by laws dated 05.04.03 No. 43-FZ, dated 06.30.03 No. 86-FZ).
In air transportation, third party liability insurance for domestic flights has become mandatory in Russia since 1995. Prior to that, only international flights were insured on a mandatory basis. The Air Code of the Russian Federation dated March 19, 1997 No. 60-FZ fixed the compulsory insurance of the air carrier's liability to third parties.
When insuring the civil liability of an air carrier, the object of insurance is the property interests of the insured associated with his obligation to reimburse all amounts that the insured, by virtue of law or by a court decision, must pay in order to compensate for harm in connection with causing bodily harm to third parties or damage to their property arising in as a result of an insured event caused by an aircraft or any person or object falling from it.
According to Art. 117 of the Air Code of the Russian Federation, the liability of an air carrier for harm caused to the life or health of a passenger during air transportation is determined in accordance with the rules of Ch. 59 of the Civil Code of the Russian Federation, unless the law or the contract of carriage provides for a higher amount of liability.
The air carrier is also responsible for the loss, shortage and damage (spoilage) of cargo, baggage and belongings carried by the passenger. If baggage and cargo are accepted for carriage with a declaration of value, then the amount of liability is equal to declared value, if without declaring value - the value of their value, but not more than the sum of two minimum wages (minimum wages) per kilogram of baggage or cargo weight. For things that are with the passenger, the liability of the carrier is determined by their value, and if it is impossible to establish the latter - in the amount of not more than ten minimum wages. The air carrier is released from liability if it proves that it took all the necessary measures to prevent harm or it was impossible to take such measures, and also proves that the loss and damage to property did not occur during air transportation. The Code provides the carrier with the opportunity to enter into an agreement with passengers, consignors and consignees to increase the limits of their liability in comparison with the above.
The Air Code provides for compulsory insurance of the carrier's liability to the passenger and to the cargo owner (consignor). The sum insured for each passenger in case of harm to his life and health is determined in the amount of at least one thousand minimum wages on the day the ticket is sold. With regard to insurance amounts in case of loss or damage to property, their minimum values are tied to the maximum liability of the carrier.
Liability in international transport is governed by the following conventions and protocols. Convention for the Unification of Certain Rules Concerning International Carriage by Air, 1929 (Warsaw Convention). The limit of liability is 250 Poincaré francs per kilogram, unless the consignor, at the time of handing over the goods to the carrier, has made a special declaration of the value at the time of delivery and paid an additional amount, if necessary. In this case, the limit is this declared amount, unless the carrier proves that this amount is higher than the actual cost to the shipper at the time of shipment. The limit of liability for items carried by a passenger is 5,000 Poincaré francs per passenger. Protocol amending the Warsaw Convention, signed at The Hague on September 28, 1955 (the “Hague Protocol”). Basically similar to the Warsaw Convention. Protocol amending the Warsaw Convention, as amended by the Hague Protocol, signed in Guatemala (the “Guatemalan Protocol”, not yet in force). Basically the same as the Warsaw Convention except that: canceled separate limit responsibility in relation to the items that the passenger takes with him; it is expressly stated that the costs of the claim brought by the applicant, including attorney's fees, are not taken into account in the application of these limits (art. 22, para. 3c).
4) Additional protocols signed in Montreal on 25.09.75. None of these protocols has yet entered into force.
Instead of the limit of 250 Poincaré francs per kilogram set out in the Warsaw Convention and in the protocols signed at The Hague and Guatemala, all four protocols signed at Montreal set the limit at 17 SDRs per kilogram. Instead of the limit of 5,000 Poincaré francs per passenger's belongings, the Warsaw Convention and the Protocol signed at The Hague, Protocols 1 and 2 signed at Montreal set a limit of 332 SDRs.
In most countries, when insuring aircraft, the conditions developed by the Lloyd's Association of Aviation Underwriters (L.A.U.A.), the so-called forms AVN 1 and AVN 1A, apply.
Lloyd's standard policy consists of the following sections: Loss of or damage to aircraft; legal liability to third parties who are not passengers (Legal Liability to third parties, other then passengers); legal liability to passengers (Legal Liability to Passengers); general exclusions A, relating to all sections (general exclusions applicable to all sections); general terms and Conditions B, relating to all sections (general conditions applicable to all sections); C definitions.
The aircraft insurance conditions must include the following standard clauses: AVN 38A "On the elimination of the risks of radioactive contamination (Nuclear Risks Exclusion Clause)". AVN 48B "On the elimination of military risks, risks of hijacking and other dangers (War, Hi-Jacking and Other Peril Exclusion Clause). AVN 46B "On the elimination of risks of noise, pollution, etc. (Noise and Pollution and Other Perils Exclusion Clause)".
In addition, insurance coverage is not provided during periods when the aircraft is outside the geographical limits of operation specified in the policy, unless this is caused by force majeure circumstances; used for illegal purposes or for purposes other than those specified in the policy; is flown by any person other than those named on the policy, unless the aircraft is flown on the ground by a person entitled to do so; carries more passengers on board than specified on the airworthiness certificate.
Currently, in the world insurance practice, the amounts of payments have increased significantly. Thus, in France, the limit of liability in the event of the death of a passenger is approximately $100,000, and in the United States - $300,000. For member countries of the Warsaw Convention, the liability limit of $10,000 remains, but each of them has the right to change its own amount of liability upwards.
Airport Liability Insurance (Airport Owners" Legal Liability) is a special case of civil liability insurance. Liability to third parties in airport buildings and on the airfield is also insured.
In management services liability insurance air traffic it is assumed that the limit of liability is the total cost of two aircraft.
Hangarkeepers' Liability Insurance is almost identical to Garagekeepers' Liability Insurance.
Liability insurance for organizers of aviation exhibitions and air shows (Air Displays Liability) is a special case of liability insurance for organizers of cultural and entertainment events (Special Event Insurance).
Recently in Anglo-American practice wide use got the new kind insurance, the so-called Crop Dusting Insurance. This insurance coverage, which represents insurance protection against claims from third parties in connection with harm to life, health and property damage as a result of the insured's work on air pollination of the customer's crop.
Aviation Products Liability Insurance is one of the most complex types aviation insurance. The object of insurance is the protection of its property interests in connection with possible claims from third parties due to the use of an aircraft or any aircraft products (aircraft products) produced by the insured, or because of the existing product risk (products hazard). The aircraft manufacturer's liability is insured under the standard London Market Aviation Products Liability Policy Wording "Bodily Injury and Property Damage".
Grounding liability is a form of general civil liability insurance for an air carrier.
Aviation Refueling Liability Insurance is designed to protect manufacturers and suppliers of fuels and lubricants from claims in connection with liability for aviation accidents due to poor-quality materials produced or supplied by the insured. The limit of liability depends on the contractual obligations of the oil company supplier of fuels and lubricants to the aviation company (airport, airline). According to the international TARBOX agreement, the minimum liability limit for this type of insurance is set at $500 million. As a rule, insurers apply a deductible for damage to third-party property (in order to avoid small claims for minor damage when fuel trucks collide on the airfield).
In road transportation within Russia, the responsibility of the road carrier is established by the Charter of Road Transport of the RSFSR, approved by the Decree of the Council of Ministers of the RSFSR dated 08.01.69 No. 12. The Charter does not say anything about the amount of liability for harm caused to the life and health of a passenger, but Art. 126 states that motor transport enterprises and organizations, consignors, consignees and passengers, as well as citizens using rental cars, are liable for violation of obligations arising from the transportation of goods, passengers and luggage and car rental.
Today, in the event of such a situation, the road carrier is liable only in accordance with the norms of the Civil Code of the Russian Federation.
In international road transport, the norms of the following conventions apply: Convention on the Contract for the International Carriage of Goods by Road CMR (1957). In accordance with Art. 23 CMR, the limit of liability is 25 Poincaré francs per kilogram of gross weight. In addition, transportation costs, customs duties and other expenses in connection with the transportation of goods are subject to reimbursement. In Art. 25 CMR provides that in the event of damage to all consignments of cargo, the limit of liability is equal to the sum payable in case of complete loss. If only part of the lot is damaged, then the liability is the amount payable in case of loss of this part. In case of exceeding the limit of liability established in this Convention, the need for compensation of the value of the goods in excess of the limits will arise if the sender has included in the consignment note a statement of the value of the goods upon payment of any agreed additional amount (Art. 23, 24 CMR) or if the sender payment of any agreed additional amount, declared a special interest in the delivery of the goods and included its value in the consignment note (arts. 23, 26 CMR). Protocol to the Convention on the Contract for the International Carriage of Goods by Road CMR (1978). The limit of liability is 8.33 SDR per kilogram. Provisions similar to those of the Hamburg Rules are provided to ensure uniformity in the translation of these limits into national currencies.
Of particular note is the liability insurance of the road carrier to the customs authorities, which is usually carried out according to the rules of the International Road Transport Association (IRU - International Road Transport Union), which Russia is also a member of, in accordance with the terms of the "Customs Convention on the International Carriage of Goods Using a TIR Carnet" (TIR Convention - Geneva, 14.11.75). In this case, the object of insurance is the property interests of the insured associated with the obligation to compensate for the damage caused to the relevant state represented by the customs authorities if it fails to perform international road transport operations when delivering goods from the customs office of the place of departure to the customs office of destination in compliance with the procedure established by the above convention.
The following main risks are usually included in the liability insurance contract of a road carrier engaged in international transportation.
Responsibility of the road carrier for physical damage and loss of cargo during transportation and for indirect losses arising from such circumstances. The liability of the carrier for the loss of cargo (full or partial), its damage caused in the period between the acceptance of the cargo and its delivery to the consignee is accepted for insurance. Prior to the conclusion of the insurance contract, the road carrier must agree with the insurer on the form of the contract of carriage. For international transportation, at the request of insurers, waybills accepted in world practice must be used, which, according to Art. 6 of the CMR, in addition to information about the cargo, the consignor, recipient of the cargo, etc., must also contain an indication that the carriage is carried out under the terms of the Convention, which limits the liability of the carrier, regardless of any reservations. In some cases, at the request of the consignor of cargo, subject to the payment of an agreed surcharge on carriage charges, a higher limit of liability of the road carrier for damage or loss of cargo and delay in delivery of cargo within the agreed time period may be established (Articles 24, 26 CMR). Since in this case the liability of the carrier increases, the insurer has the right to increase the amount of the insurance premium by prior agreement.
When insuring the liability of a road carrier for errors or omissions of employees, the risks of its liability to customers for financial losses incurred as a result of the policyholder's failure to partially or fully fulfill its contractual obligations under the contract of carriage, including, for example, delay in delivery of cargo, its issuance to a person who does not have the appropriate authority , i.e. who does not have proper documentation for receiving the goods due to incorrect statements or errors in the shipping documentation.
In connection with the rapid development of rail traffic in Great Britain in the middle of the 19th century, the question arose of liability in rail transport for damage to property of third parties as a result of the use of steam locomotives. For example, at that time, the main cause of fires in agricultural land located along the railways were sparks and ash flying out of the pipes of steam locomotives.
In Russia, the liability of railways to third parties who are not passengers or shippers is regulated general rules civil legislation on compensation for harm, as well as the "Charter railway transport Russian Federation” dated 10.01.03. No. 18-FZ. The charter defines the basic conditions for the transportation of passengers, cargo, baggage, the relationship between railways and other modes of transport, as well as the main provisions in the field of operation of railway sidings. According to the Charter Railway bears property responsibility for the safety of cargo and baggage after accepting it for transportation and before issuing it to the recipient, unless he proves that their loss, shortage or damage (spoilage) occurred due to circumstances that the railway could not prevent and the elimination of which did not depend on it . However, it is the responsibility of the passenger to ensure the integrity and safety of hand luggage carried by the passenger.
If the railroad damages wagons, containers belonging to consignors, consignees, other organizations, it is obliged to repair such wagons, containers or pay their owners a fine in the amount of five times the cost of damaging wagons, containers, as well as to compensate for losses incurred by the owners of wagons, containers due to their damage , to the extent not covered by the fine.
In international rail traffic, the rules of the following Agreements apply: Agreements Concerning International Freight Traffic by Rail (SMGS, 1966). The limit of liability established in Art. 24 SMGS is the price of the goods or its declared value. In case of complete or partial loss of household furniture without a declared value, the limit is 2.70 rubles per kilogram. In case of damage to the entire lot, the limit of liability is the amount payable in case of total loss. If any part of the consignment is damaged, the limit is the amount payable in the event of loss of the damaged consignment. With regard to delay, it is established that the amount of compensation in accordance with the scale of shares as a percentage of the cost of transportation in the amount of 6% for a delay up to 1/10 of the time required for delivery to 30% for a delay exceeding 4/10 of the time required for delivery. Total compensation for loss, damage and delay shall not exceed the amount payable in case of total loss of the goods. Appendix "B" to the Convention on International Carriage by Rail (COTIF) dated 05/09/80. The limit of liability is 17 SDRs per kilogram of gross weight. In addition, transportation costs, customs duties and other amounts paid in connection with this transportation are subject to reimbursement. In case of damage to the cargo - in the amount of the cost of the lost part of it.
In addition, transportation costs, customs duties and other amounts paid in connection with this transportation are subject to proportional compensation.
The limit of liability for delayed delivery is three times the shipping costs. In the event of total loss of cargo, no compensation for delay in addition to compensation for total loss will be paid. In the event of a partial loss of cargo, compensation is limited to three times the shipping costs for that part of the unlost consignment.
In the event of damage to the goods not related to delay, compensation for delay is payable in addition to compensation for damage. Total compensation for loss, damage and delay shall not exceed the amount payable for total loss. International tariffs or special agreements may establish other forms of compensation for delay if the transit period has been established on the basis of transport plans.
If the railway agrees to special conditions of carriage providing for reduced carriage costs, it may limit the amount of compensation for loss, damage or delay, provided that such limit has been specified in the tariff. In accordance with Art. 46 COTIF, in the event of a declaration of interest in delivery, additional compensation may be required, exceeding the limits established in the convention, up to the level of the declared amount.
International multimodal transport (combined transport or inter - modal transport) means the carriage of goods by at least two different modes of transport on the basis of a multimodal transport agreement.
The main document regulating multimodal transport is the Convention on International Multimodal Transport of Goods of 1980, adopted at the Diplomatic Conference in Geneva. This Convention applies to all modes of transport and has an appendix that contains rules to facilitate the simplification of customs procedures.
Multimodal transport is also regulated by other transport conventions (COTIF Agreement, Warsaw Convention, etc.).
In accordance with the COTIF Convention, as amended in 1980, multimodal transport is carried out by an operator that combines the functions of a freight forwarder and a carrier. It should be noted that the legal relations in multimodal transportation for the cargo owner arise precisely with the operator, and not with individual carriers (performers of multimodal transportation). The operator may be a legal or natural person who enters into a multimodal transport agreement and assumes responsibility for the execution of the agreement for a fee. The operator accepts the cargo for multimodal transportation. Evidence of the transfer of cargo to him is a forwarding receipt. The operator undertakes to transport the goods to the destination. He assumes the obligation to draw up the necessary documents during the transportation process, make (at the expense of the cargo owner) the appropriate payments, perform customs formalities and other actions related to the transportation. The operator may himself carry out certain transport operations, or has the right to conclude a transportation agreement with enterprises and organizations of other modes of transport for the performance of such operations.
In multimodal transportation, the delivery of cargo along the entire route is carried out, as a rule, according to one transportation document - a direct (through) mixed bill of lading.
There are a number standard forms mixed bills of lading. They are based on a direct bill of lading used in the practice of sea transportation of goods (bill of lading of the Baltic and International Maritime Conference). In 1973, the International Chamber of Commerce issued the Uniform Rules on the Multimodal Transport Document.
In accordance with Art. 18 of the COTIF Convention of 1980, the operator's property liability arises for fault, which is presumed (initially assumed). In case of non-safety of the cargo, the limit of the operator's property liability is set at 920 SDR per piece or 2.73 SDR per kilogram of gross weight.
However, if the international multimodal transport agreement does not provide for the carriage of goods by sea or inland waterways, then the limit of liability of the multimodal transport operator is limited to 8.33 units of account per kilogram of gross weight of the lost or damaged cargo.
Table 6.1 compares the carrier's limits of liability (in SDRs) under various international conventions.
Table 6.1.

convention or protocol	The amount of responsibility for 1 place or shipping unit	The size responsibility for 1 kilogram
sea transportation
Hamburg Rules (1978)	825	2,5
Protocol amending the Hague Rules/Visby Protocol (1979)	666,67	2,0
air transportation
Montreal Protocols (1975)	Not applicable	17
road transport
Protocol amending the CMR Convention (1978)	Not applicable	8,33
Rail transportation
KOTIV (1980)	Not applicable	17
Multimodal transport
Multimodal Transport Convention (1980):
If the transportation includes transportation by sea or inland waterways	920	2,75
If the transportation does not include transportation by sea or inland waterways	Not applicable	8,33

In accordance with the COTIF Convention, as amended in 1980, for delay in the delivery of cargo, the limit of the operator’s property liability is not more than 2.5 carriage charges (freight) attributable to the cargo delayed by delivery, but not more than the total freight payable in accordance with the multimodal transport agreement . The combined liability of the multimodal transport operator for loss, damage and delay shall not exceed the limit for total loss of the goods. The COTIF Convention does not prohibit the application of other international agreements on the carriage of goods in mixed traffic.

Every year, the laws of the Russian Federation provide for changes to the Rules of the Road, as well as new fines. This is due to the improvement in the characteristics of cars and the rapid growth in the number of motorists. An important role in the traffic rules began to be assigned to the responsibility of the owner of the car in the event of an accident. The responsibility of the owner of the vehicle in an accident may arise even if he was not the driver of the vehicle at the time of the accident. Let's figure out in what cases the owner can be levied.

Driver responsibility

In most cases, the perpetrator of the offense is the person who was driving the car at the time of the accident.

A driver can be held liable for various types of liability, from administrative to criminal. This directly depends on the nature of the illegal actions.

The causes and consequences of the accident determine the type of punishment. Violations traffic rules subject to administrative penalties. In case of accidents without causing harm to the health of other people, the driver may be subject to a pecuniary penalty, which allows compensating for the harm caused to other road users. In this situation, articles of the Civil Code of the Russian Federation apply.

If there are victims in an accident, the court may order an arrest or deprivation of a driver's license for a certain period. In the most difficult cases provided for criminal penalties.

A lot of road accidents depend on the behavior of the driver. For example, if you leave the scene of an accident, you can incur additional sanctions.

Responsibility of the vehicle owner

Judicial practice shows that not in all cases, in case of car accidents, the person who, according to the documents, owns the car, is behind the wheel. Often, owners trust the management of their car to friends or family members. Although the obligations of the driver and owner are different, the latter in certain situations may be punished for the incident.

AT judicial practice The responsibility of the vehicle owner in an accident is not a very frequent case, however, such types of liability may await him:

administrative;
civil.

Criminal liability

If an accident resulted in serious bodily harm or death, according to Articles 264 and 268 of the Criminal Code of the Russian Federation, the perpetrator must be prosecuted. In this case, the accident is regarded as a crime that the driver could have committed intentionally or accidentally.

Of course, if the owner did not drive the vehicle at the time of the accident, he will not be held criminally liable for an accident, since his intent is absent in this case. Even if at that moment the owner was in the car, he cannot have anything to do with the crime, since he is not at fault in the accident (guilt is the main component of the crime).

Administrative punishment

If the criminal responsibility for an accident does not affect the car owner, then he can be brought to administrative punishment, even if the car was driven by another person. However, just like that, no one imposes a penalty on the owner of the car: this requires the establishment of guilt.

There is a wide list of rules, the violation of which threatens with administrative sanctions. For example, if the car owner transferred control of the car to a person who does not have a driver's license with him or who has not received the right at all.

The owner can also be punished if he allowed the car to be driven by a person who is in a state of alcoholic or drug intoxication.

An administrative penalty awaits the owner of the vehicle even when the offense is recorded only with the help of traffic cameras. So, if the driver provoked an accident, but fled the scene, the responsibility will fall on the owner.

There are exceptions to this rule. Those owners whose car was stolen do not fall under the administrative penalty. It is important that the fact of the theft of the car is documented by contacting the police department.

Civil responsibility

Civil liability involves compensation for damage caused to another person or vehicle during an accident. Recovery may consist of reimbursement of expenses in connection with treatment in a hospital or in connection with the repair of a car. Often, the culprit also has to compensate for moral damage. Responsibility, according to the Civil Code of the Russian Federation (Article 1079), rests with the owner of the vehicle.

This rule has exceptions. So, if the owner at the time of the traffic accident was not the actual owner of the car in connection with the theft, he cannot be brought to such punishment in any way. There will be no punishment for the owner even if the investigation proves that the victim acted intentionally in order to benefit. This circumstance is the basis for the court to relieve the owner of the obligation to compensate for harm. In addition, the judge may reduce the amount of payments. Reducing the amount of compensation is possible if the victim acted carelessly.

Civil liability for the owner of the car will not come if the driver was a person who has legal grounds for driving the vehicle (power of attorney). The driver will be responsible for the accident. But if the owner of the car was in the cabin at that time, it is considered that the vehicle was in his possession. Therefore, the penalties will still affect him.

It is important to remember that the owner of the car has the right to judicial order recover from the perpetrator of the accident and the driver of the car the amount paid to them for a civil violation.

Recovery in this case occurs in reverse order.

OSAGO payments

Those who are at fault in a traffic accident are not entitled to compensation for losses under OSAGO. This type of insurance implies material payments exclusively to the injured party. You should not count on compensation if the car was driven by a person not included in the vehicle insurance policy. OSAGO also does not provide for compensation for moral damages or losses caused by uninsured dangerous goods.

There are situations when a company pays damages to victims, but requires a refund. This applies to cases when the driver was driving a car without a license or was in a state of alcoholic or drug intoxication.

Actions of the driver after the accident. What to do and in what order?: Video

"On Compulsory Insurance of Civil Liability of Vehicle Owners". OSAGO was introduced as a social measure aimed at creating certain financial guarantees in relations regarding compensation between participants in car accidents. The idea of this type of insurance is not new: it operates in many countries of the world - for example, "green card" in Europe and a number of other countries. The peculiarities of the “autocitizen” in Russia are its binding to the car (as opposed to the driver), the state establishment of insurance rules and state regulation tariffs.

The object of OSAGO is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from causing harm to the life, health or property of the victims when using the vehicle on the territory of the Russian Federation. The insured risk under OSAGO includes the onset of civil liability in case of an accident.

OSAGO subjects

Insurers - insurance organizations that have the appropriate license, representatives (agents for payments) in all subjects of the federation, which are members of the professional association of insurers. As of May 2008, there are 173 such insurers in Russia, all of them are insurance companies.
Insurers - individuals and legal entities, in whose ownership, economic management or operational management there are vehicles subject to insurance. Since control over the availability of an insurance policy and its validity is provided for at many stages of using vehicles, the coverage of the insurance field here approaches 100%. Exceptions may be made by persons who did not have time to renew the insurance contract and violators who forge insurance policies.
Beneficiaries - third parties who suffered damage in a car accident.
Insurance intermediaries - agents and brokers.
The professional association of insurers is the Russian Union of Motor Insurers (RSA), which accumulates funds of guarantee reserves and current compensation payments and makes compensation payments. Despite the declared functions, in cases of problems in the work of companies participating in the RSA, this organization works extremely inefficiently and, often, ordinary car owners are left without any help and any information / consultation.

State regulation of OSAGO is carried out by the Government of Russia and the Ministry of Finance of the Russian Federation, supervisory and control functions - FSSN. RSA acts as a self-regulatory organization of OSAGO insurers.

Rates

Not all of these factors apply in all cases. Thus, the KP is applied only in case of going to the place of registration and for the temporary use of vehicles registered abroad in Russia.

Finance

Even at the stage of discussing the possibility of direct compensation for losses, the problems of such an organization of payments were identified:

taxation of payments by the insurer of the victim and recognition of their insurance,
organization of settlements between insurers with a considerable number of them.

Compensation payments

Compensation payments are made by the RAMI in respect of compensation for harm caused to the life or health of the victim, and are carried out in cases where the payment under OSAGO cannot be made due to:

revocation of the license, application of the bankruptcy procedure to the insurer;
the uncertainty of the person responsible for the harm caused to the victim;
the absence of an OSAGO contract with the person who caused the harm due to his failure to fulfill his insurance obligation;

Also on account of compensation for damage caused to the property of the victim - as a result of the revocation of a license, the application of bankruptcy proceedings to the insurer.

The maximum amount of compensation payments is the same as the sum insured under OSAGO. They are reduced by the amount of partial compensation for damage made by the insurer and responsible for the damage caused.

At the same time, compensation payments due to license revocation, application of bankruptcy procedures to the insurer are carried out from the funds of the guarantee reserve, and the rest - from the funds of the current compensation payments reserve.