Insurers did not support the bill on recourse to CTP
The Russian Union of Motor Insurers (RSA) agreed with the decision of the State Duma Committee on the Financial market, which gave a negative opinion on the draft law on mandatory recourse to CTP and recommended that the lower house of parliament reject it. The press service of the RSA announced this in its Telegram channel on April 16.
According to the bill, insurers are proposed to be required to make recourse claims against the perpetrators of an accident under aggravating circumstances. In its conclusion, the committee pointed out that this initiative contradicts the current legislation and creates practical difficulties for its implementation.
The Committee found a contradiction to the Civil Code of the Russian Federation: the current legislation establishes the right, not the obligation, of a person who has compensated for harm caused by another person to address the harm-doer with a claim of recourse. In addition, if insurers make recourse claims without taking into account the circumstances of each case, this will increase their operational and legal costs.
The committee also pointed out the difficulties in identifying the perpetrators: accident documents often lack data on the persons who caused the harm. This issue is especially acute in cases where the person who caused the harm is a foreign citizen with a foreign driver's license.
"The RSA considers the proposed initiative on mandatory recourse unnecessary: insurers currently have all the necessary tools to recover payments made to victims from those responsible for accidents and carry out this activity for the reasons provided for by the CTP Law. According to the union's experts, it is not necessary to make any changes to the existing approach," the RSA said.
The day before, it was reported that the State Duma at its plenary session on April 15 rejected a bill that proposed to exempt from administrative liability under Article 12.17 of the Administrative Code of the Russian Federation drivers of motorcycles, mopeds, and vehicles with the "Disabled" identification mark.
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