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22.11.2021

What taxi passengers need to know about insurance

What taxi passengers need to know about insurance

Roskatchestvo has conducted a study of taxi ordering apps, analysing information on passenger insurance for the first time. The results were controversial.

Only in three of the ten apps studied (Yandex Go, Citymobil and Gett) the passenger is insured for a large sum (2 million rubles in Yandex and Citymobil, 2 million 200 thousand in Gett) and the carrier is responsible for any event during the trip.

Maxim's passenger insurance is outsourced to a third party (the Garant charitable foundation, which actually pays compensation at its own discretion).

In three other services (Bolt, Poyehali and Omega), information on passenger insurance is completely absent, and in four (Taxovichkof, DiDi, TapTaxi and Uber) responsibility for any accident is transferred to the passenger or driver.

Standing apart are the so-called second tier aggregators, which have not yet insured their liability or organised payment funds. Such aggregators tend to state in their internal rules that "they are not responsible for the public taxi contract they conclude and that all liability to the passenger is borne by the driver of the taxi". These aggregators overlook the fact that, according to Article 37 "Invalidity of Agreements" of the Federal Law No 259-FZ of 8 November 2007 "Statute of Road Transport and Urban Land Electric Transport", such documents are invalid.

Judicial practice on compensation for life and health damage to passengers of passenger taxis is extensive and consists of a massive recognition of liability of taxi aggregators for harm caused to passengers of passenger taxis under a passenger taxi charter agreement. A classic example is the court practice of Elena Grashchenkova versus Yandex.Taxi.

What should a passenger do if there has been an accident?
Igor Pozdnyakov, legal adviser of Roskachestvo Consumer Protection Department says: “Regardless of whether the carrier has MTPL insurance or supplementary insurance, if an accident occurs and a passenger's life or health is harmed, first of all the following is recommended:
  • call the emergency number 112 and inform them what has happened.
  • remain at the place of the accident until the Road Traffic Police and ambulance personnel arrive. - Insist that the passenger be entered in the accident report by the traffic police as the injured party in the accident.
  • if possible, take a photo or video of the place in the passenger compartment where the damage was done, the injuries or damage sustained. Also exchange contacts with witnesses to the accident to facilitate the process of proving the accident at a later date.
  • go to a medical facility to obtain a certificate of injury.
Then:
  • inform the carrier about the accident and the damage caused and get information about the terms of preparing a document about the accident and the place of its receipt; - go to the insurance company, inform about the accident and get instructions on further actions; - prepare and submit a claim to the carrier.
What documents to collect:
  • a document from the law enforcement authorities confirming injury as a result of an accident involving a taxi;
  • a certificate of injury from a medical institution or a trauma center;
  • a copy of the identity card;
  • an application for compensation;
  • an extract from the medical records or medical history.
The received packet is forwarded to the insurance company, which must make the final payment. The time it takes to process the claim depends on the insurance company. Usually, a decision is made within 14 days.”

How to get an insurance payout?
Elena Grashchenkova, human rights activist in the passenger taxi industry, (The Blue Buckets Society), tells us how to obtain the sum insured  and how much the sum may be.

"The maximum amounts stated in the documents of taxi services are paid only in case of fatal outcome of an accident. If the passenger survives but is injured, an insurance amount proportional to the damage incurred will be paid. The amount of compensation can be roughly calculated as the figures from the MTPL injury table multiplied by 4," states Elena Grashchenkova.

In practice, however, the passenger may receive more, but he will have to literally fight for his rights.

A passenger's algorithm in the case of an injury in a taxi:
  • Get treatment until you are fully recovered and able to return to your activities (work, school). Collect all the checks, sick leaves, the discharge epicrysis.
  • Get a ruling of the traffic police on initiation of administrative or criminal proceedings. - Get a copy of the MTPL policy from the traffic police.
  • With all these documents you apply to the organization that accepted your order. Commonly it is a taxi aggregator. On the basis of these documents you will receive insurance for health damage. At the same time you go to the MTPL insurance company, and get the money there too.
  • You calculate and justify the rest of the damage in money: material damage (broken equipment, ruined clothes, cancelled tickets or vouchers), moral damage, lost profits, loss of ability to work (including temporary), rehabilitation costs.
  • Send a claim to the organiser of the transport (usually an aggregator, but in some cases it can also be a taxi company). You are guided by the law "On protection of consumer rights" and the Resolution of the Plenum of the Supreme Court No. 26 of 26.06.2018, point 18. If the claim is not accepted, you go to court. If it is decided in your favour, the organizer of the transport will pay a fine of 50%, i.e. the amount to be paid will increase. Separately, take part in the criminal proceedings against the driver as a victim. Use the verdict to prove the guilt of the employee of the organiser of transport (aggregator, taxi company).
In the case of a permanent disability, you can claim for your monthly payments for life, in accordance with Section 1092 of the Civil Code. The amount of the monthly compensation is equal to the percentage of your incapacity for work in relation to your official salary at the time of the accident. For example, if salary is 100,000 rubles and your percentage of disability is 30%. This means the organiser of transportation will pay you RUB 30,000 every year adjusted for inflation.

Similarly, you can calculate the compensation for an injured person with dependents. The interests of dependants are also included in the possible payments. For example, in the case of the death of the father of minor children.


Photo: altapress.ru

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