In order to ensure protection for citizens, federal law has agreed on a rule on compulsory insurance of passengers. Accordingly, anyone using public transportation or trucking services should learn and know these rules. Passenger liability insurance is also important .
What should a passenger know?
Everyone needs to understand that when paying for the cost of the ticket, insurance is automatically included and the guarantee is valid until the destination, until the person leaves the vehicle. The law says that upon the occurrence 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 have a huge responsibility in proving his guilt.
Carrier and passenger liability insurance will be discussed in this article.
What contributed to the adoption of this law?
The explanatory note to this Federal Law contained information that the damage to passengers injured during transportation is not always, incompletely and belatedly. Moreover, carriers do not always have the financial ability to compensate for damage to the victims. The current insurance mechanism for transportation does not allow for an appropriate and guaranteed amount of compensation. Therefore, the new carrier liability insurance law can be a reliable substitute for personal compulsory passenger insurance.
The main purpose of the law
The main goal of the federal law is to protect the interests of passengers by guaranteeing compensation for damage caused during the movement, regardless of the transport and type of transportation.
The law reduces the possibility of the insurer refusing to pay. The companies are also liable for late payment of interest.
Passenger Insurance Terms
Each Russian company engaged in transportation 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 health or a threat to human life, as well as to improve the quality of cargo delivery, the government annually makes amendments to the bill, considering new proposals. The law, which was signed in 2012, includes passenger insurance, a tougher measure of carrier liability, a separate paragraph is the compensation for damages caused when transporting people by subway. For example, if a passenger was injured during transportation with harm to life and health, or it led to his death, then payments are sent for treatment, or material compensation is paid to relatives and friends who have lost the source of income in the person of the victim. And also included additional compensation for non-pecuniary damage.
What else does compulsory insurance of passengers and carriers imply?
Types of transport
In order to make the law more specific, they make changes and increase responsibility for each type of transport. The list includes: rail (long-distance, suburban), air, sea, water internal, bus (intercity, suburban, intracity, such as land city and electric transport), as well as transport responsible for merchant shipping.
For each species, a specific charter, regulation and code are approved. According to the law on compulsory insurance of carriers and passengers, it is possible to insure transport and forwarding organizations involved in the transportation of goods, as well as forwarding, that is, an object of property interest of any transport company. In a situation where a failure has occurred or an arrangement for the delivery of goods has not been fulfilled, the responsibility for the payment of damage lies with the company. And if there was a carrier insurance program, the insurance organization will partially or fully compensate. Compensation is paid only after investigation and decision that the third party was not involved and there was no negligent attitude.
In this case, the insurer fulfills its obligations for the insured cargo to the insured, and payment is also included under the Convention of the Charter of Road Transport of the Russian Federation. For example, an accident, fire, theft, where the cargo was damaged or became worthless, there was a financial loss: delay, incorrect shipment (dispatch) of cargo. And also a fine if the dangerous cargo harmed the health, life of people and the environment. The insurer also incurs financial costs for the necessary measures to save the cargo. This list also includes legal costs.
A passenger taxi does not fall under the law. In the case of a trip by car taxi, the carrier is responsible for the passenger, which is regulated by other regulatory acts, namely, Federal Law N 259- “Charter of Road Transport and Urban Ground Electric Transport” dated 08.11.2007.
The metro administration has no obligation to insure the carrier’s liability, but if any harm occurs to passengers, then the culprit will have to pay compensation in full.
Passengers must know: insurance injuries are those that are received in the subway car. Otherwise, compensation will be possible only after evidence of the guilt of the subway employees in the incident.
What are the obligations of the parties when insuring passengers and carriers?
Duties of the parties
The insurer is obliged:
- Conclude the contract, having previously read the rules stipulating how the carrier needs to insure passengers.
- In the event of an insured event, draw up an act on which payment is made to the injured party. The exception is the death of the victim. Then the amount is paid to the heirs.
- Do not disclose insurance information, only the moments provided by law can be an exception.
- Make timely transfers of fund funds to the state budget.
The policyholder is required to:
- Pay on time the full amount of the premium without delay.
- Draw up an act upon the occurrence of an insured event, inform about it after 5 working days.
- If the claims of the injured party have decreased or she has refused payments, be sure to inform the insurer.
- If possible, prevent insurance claims and take all necessary measures.
Insurance of carriers and passengers, in addition to obligations, also implies rights.
Rights
The insurer has the following rights:
- Conclude an agreement after checking all the information.
- Request from the relevant authorities all necessary data and confirmation of the insured event.
- Prohibit payments for intentional damage.
The policyholder has the following rights:
- To study all conditions of the insurer and the measure of responsibility to passengers.
- Demand compliance with the terms of the contract.
Conclusion
With proper knowledge, compliance with the rules, necessary regulations and laws during the transportation of goods, as well as in the carriage of passengers, many unforeseen situations and problems can be avoided.
We examined what passenger and carrier liability insurance involves.