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- The commissioner has arrived: avarkoms in Russia are planning to be added to the register
The commissioner has arrived: avarkoms in Russia are planning to be added to the register
The activities of emergency commissioners who assist in the registration of an accident may be regulated by a separate law. The relevant Committee of the State Duma and the legal Department of the Federation Council gave their recommendations on finalizing the relevant draft law. The creation of a separate institute of emergency commissioners at the level of the law may lead to an increase in tariffs for policies, insurers warn. Experts and lawyers are ambivalent about the idea of legislative regulation of the activities of insurance companies. The details are in the Izvestia article.
With registries and exams
The State Duma Committee on Financial Markets and the Legal Department of the Federation Council recommended finalizing the draft law "On the organization of emergency commissioners", submitted to the State Duma by deputies of Bashkiria. Reviews of this bill have been published in the parliamentary legislative support system.
According to the draft law, it is planned to create a register of emergency commissioners in the Russian Federation, as well as adopt uniform requirements for them. In particular, avarkoms will have to obtain permission to carry out this activity. To do this, they will need to take a separate exam. Such a permit is proposed to be issued for five years, after which the commissioner will need to prove his skills and knowledge again. A prerequisite will be the conclusion of an agreement between the motorist and avarkom. The deputies of Bashkiria also propose to regulate in law the cost of services provided by insurance companies.
"Tariffs for calls of emergency commissioners, taking into account the time of day, days of the week and other features of the activities of emergency commissioners, are developed and approved by the authorized body," the bill says.
The authors of the document note that currently the relationship between the participants in the accident and the emergency commissioners is not legally regulated.
"This allows people who do not have the appropriate qualifications to mislead the participants in the accident, who are already in a stressful situation. The lack of necessary qualifications, as a result, leads to illiterate registration of the protocol and refusal to compensate for damage by the insurance company," the explanatory note to the document says.
Bashkiria's parliamentarians emphasize that since now there are often no contracts between motorists who have been in an accident and emergency commissioners, no one is responsible for the quality of services. In addition, because of this, "the commissioner has shadow incomes that do not involve the payment of appropriate taxes." According to the estimates of the deputies of the republic, in Bashkortostan alone the volume of the shadow market of these services annually amounts to about 500 million rubles.
It's been ordered to be finalized
As follows from the conclusion of the legal department of the Federation Council, the proposed bill needs to be substantially finalized. In particular, one of the comments is related to the fact that the document does not specify the essential terms of the contract that motorists and emergency commissioners will have to conclude, and the basic rights and obligations of the parties are not spelled out. Also, the draft does not reflect the procedure for taking exams by avarkoms.
The State Duma Committee on Financial Markets also has questions about the bill. As its head Anatoly Aksakov noted in conclusion, the appearance of emergency commissioners as part of the registration of an accident under avtograzhdanka is not provided for by the tariff policy in the field of CTP. In addition, the proposed bill "does not take into account all currently existing ways and forms of involving emergency commissioners in carrying out such activities."
The Parliament of the Republic of Bashkortostan could not promptly respond to a request from Izvestia regarding the possibility and timing of finalizing the proposed bill.
Commissioners will raise prices for CTP
The Russian Union of Motor Insurers (RSA) does not support the proposed legislative initiative, Sergei Yefremov, Director of Asset Protection at RSA, told Izvestia. The activities of emergency commissioners, defined by the proposed document, cannot be related to the provision of services for CTP purposes, since this process, the functions and powers of persons involved in accidents, as well as insurers and independent expert technicians, are fully regulated by the law "On CTP," he noted.
"The economic consequences of such decisions as the introduction of a new intermediary in CTP legal relations are eventually passed on to all policyholders through the inevitable increase in insurance premiums, which contradicts the goals of compulsory insurance as a socially significant institution," Sergei Yefremov told Izvestia.
The RSA said that last year, the share of appeals from victims within the framework of simplified registration of accident documents in the total number of appeals for CTP amounted to more than 50%. At the same time, the share of refusals to pay during the Euro Protocol is only 5%, and in the vast majority of cases this is due to the fact that the CTP agreement of one of the participants was not valid at the time of the accident. At the same time, refusals due to the fact that the notification of an accident was issued incorrectly are of a single nature, the RSA emphasizes.
— The question arises, why do we need an extra intermediary and whose interests will he pursue in the provision of services? At the moment, we are already recording a large number of complaints from accident victims related to unscrupulous car lawyers who are trying to formalize an assignment agreement at the accident site and make money from the traffic situation," said Sergey Yefremov.
According to him, with regard to voluntary types of motor insurance (CASCO), the involvement of emergency commissioners for the interaction of the policyholder and the insurer in the settlement of an insured event, as well as assistance in registration of an accident, is a separate and paid service. It is provided by the insurer under the contract, or it is selected separately by the motorist himself upon the occurrence of an insured event and paid for by him independently, said the Director of Asset Protection of the RSA.
— Such an initiative can be considered necessary only if its implementation is carried out by analogy with the creation of the Moscow data Center of the Highway Patrol driver assistance service. At the same time, it is important to take into account the specifics and economic feasibility in each specific region of Russia," emphasized Sergey Yefremov.
It won't save you from scammers
Emergency commissioners are already a familiar phenomenon on Russian roads, but their activities are not legally defined, admits Sergey Radko, a lawyer for the Freedom of Choice movement. In his opinion, the need to adopt a single law regulating this area of relations is long overdue.
— There is no concept of an "Emergency Commissioner" in the traffic regulations, the Administrative Code, or any other law. At the same time, accident commissions have been working for a long time: in some cases, they really help the participants in an accident, in others questionable individuals arrive at the scene of the accident, whose main task is to conclude a contract of claim with the victim. Perhaps the adoption of a law regulating the activities of emergency commissioners will help restore order in this area," the lawyer believes.
Maxim Kadakov, editor-in-chief of Za Rulem magazine, also considers it necessary to regulate the activities of insurance companies at the legislative level, but he doubts that the proposed bill will protect drivers who have been in an accident from scams.
— Of course, it's not bad that the emergency commissioners will have to pass an exam, get certified, and get a permit. But it is extremely unlikely that a motorist who is stressed by an accident will require some kind of certificate or other document confirming the status from the avarkom. This is most likely what scammers will use," believes the editor—in-chief of Za Rulem.
Anton Shaparin, Vice-president of the National Automobile Union (NAS), is convinced that the law concerning emergency commissioners should apply only to registration of road accidents under a hard hat. Their activities on registration of accidents under CTP should be excluded, he believes.
— CTP is compulsory insurance, its tariffs and conditions are regulated by the state. Therefore, the registration of an accident on Avtograzhdanka should be transparent to the state and carried out either by police officers or with the help of a European protocol using the Gosuslug portal," the NAS Vice president noted.
Переведено сервисом «Яндекс Переводчик»
