What does OSGOP mean for passengers and on what modes of transport does this type of insurance cover apply? To such a simple question, not many users will be able to answer correctly. It is necessary to understand for what types of transportation and for what the insurance company is responsible.
OSGOP or OSAGO
Since January 2013, all carriers involved in the transport of passengers are required to have an OSGOP agreement in the set of permits. Deciphering this abbreviation is a bit like OSAGO. Common to these names is compulsory liability insurance .
However, the first type of insurance applies to all passenger carriers, except for taxis and hazardous facilities. Passenger transportation by minibus is also subject to the OSGOP subject to the availability of 8 or more passenger seats and not used in taxi services. It is under OSAGO agreements that taxi drivers insure their civil liability to their customers. Carriage related to the use and operation of hazardous facilities must be insured by the owners of such facilities. For metro users, the provisions of the articles on the OSGOP law apply.
Basic concepts
When concluding an OSGOP agreement, insurance is carried out for the period of transportation of passengers by means of transport in accordance with the approved route and purchased tickets. A carrier can be both a legal entity and a private entrepreneur who is officially registered and acts in accordance with regulatory enactments.
The passenger is the client of the 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 they do not need to purchase a travel document.
Upon the occurrence of an insurance event, the insurance company, which has entered into a contract of compulsory insurance of civil liability of the carrier, will reimburse property loss or damage to the state of health of passengers.
Conclusion of an agreement
The insurance company must have a valid OSGOP license. Insurance is carried out on the basis of a received application from a carrier that provides passenger services. Such a need can be expressed both in written and oral form. An insurance company does not have the right to refuse a transport organization to execute a contract in an approved form.
The contract begins its effect from the moment of its signing by the two parties, but not earlier than the insurance payments have arrived in the bank account of the insurer.
Amount of insurance liability
The infliction of property damage, as well as damage to the state of health of passengers is the object of insurance OSGOP. Civil liability under contracts is distributed in accordance with insurance risks:
- at least 2 025 000 rubles - the life of the passenger;
- at least 2,000,000 rubles - passenger health;
- at least 23,000 rubles - passenger property.
The amount of insurance coverage is approved for a specific insurance event and is not subject to change until the contract has ended. When determining responsibility for life and health, a deductible is not applied.
Duration of Agreement
The OSGOP insurance contract is concluded for a period of at least one year. Other terms of insurance cover are applicable only for water transportation that is carried out domestically. In such agreements, the validity period depends on the duration of the permitted navigation.
Early termination of the contract in accordance with the law on OSAGOP is permissible in the case of:
- deprivation of a license of a carrier or insurer;
- liquidation of an insurance company;
- non-payment of the next part of the insurance premium.
Insurance Premium
To calculate the amount of insurance payment using the tariff. The Central Bank approves the maximum and minimum sizes, which depend on the type of vehicle, type of transportation, the number of passengers served, and the franchise for liability for customer property.
The total amount of insurance payments is calculated separately for each insurance risk and is added up. The calculation is made per passenger. Then, based on the passenger flow of the carrier, the general calculations of the insurance premium are made.
There are situations when during the validity period of the OSGOP insurance contract changes occur in the number of passengers carried (fleet increases, the bus is alienated). Such changes affect the calculation of compulsory insurance payment up or down. In these cases, the insurance company has the right to demand an additional payment of the insurance payment, and the policyholder has the right to demand the return of part of the paid payment.
The insurance company may refuse to pay compensation upon the occurrence of an insured event if the carrier has not reported quantitative changes in insurance risk.
The carrier must transfer the calculated insurance premium in a lump sum 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 insurance 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 penalties.
Compensation Payments
For compulsory OSGOP insurance, the liability of the insurer occurs in the event of damage to the carrier by the carrier, as well as damage to the state of health of passengers. Upon the occurrence of an event that falls within the scope of the contract, the transport company is obliged to inform the affected customers about the payment procedure, name of the insurance company, details of the current contract. In tragic circumstances, the carrier must provide this information to the beneficiaries of the deceased passengers.
To receive insurance compensation amounts, the injured or the heir must provide a set of documents:
- internal passport, passport, birth certificate, passport of a foreign citizen, sailor's passport;
- travel document or officially issued supporting evidence of other passengers;
- certificate of a traffic event;
- health reports;
- expert assessment of the value of damaged property;
- death certificate.
If an individual entrepreneur is engaged in passenger transportation by minibuses, then he is also obligated to conclude an OSGOP agreement. If the carrier has violated clauses of the current legislation and has not signed an agreement, he will have to hold responsible for the damage caused at the expense of his investment.
Denial of payment
The insurance company does not pay compensation amounts in such cases:
- nuclear strike, radiation, military events, popular unrest, strikes;
- the deliberate actions of the beneficiary;
- the amount of loss on property risks is less than the size of the deductible;
- incomplete set of supporting documents.
Every passenger who is at the time of the insurance event in the vehicle cabin is insured on the basis of the OSGOP law. Information on the existence of such an agreement should be placed in a conspicuous place inside the bus, on travel tickets, the website of the transport company, and advertising materials.