Abstract

The article describes the legal and practical aspects of compensation for loss of commercial value in theimplementation of insurance benefits under compulsory civil liability insurance of vehicle owners and the courtpractice on this issue in relation to the previous and the current editions of the normative-legal acts regulatingmandatory liability insurance of vehicle owners. Suggestions have been made in terms of eliminating theproblem for insurance companies and for the legislator. It is concluded that the issue of compensation for loss ofcommercial value after the new editions of the normative legal acts in the area of concern remains unresolved.

Highlights

  • It's no secret that the situation with the insurance payments in Russian Federation is far from being the best way

  • It is concluded that the issue of compensation for loss of commercial value after the new editions of the normative legal acts in the area of concern remains unresolved

  • Amending the Law on CTP towards clarification of its provisions and greater specificity would make the existing legislation more transparent, would protect the rights of citizens, would have avoided such an influx of claims which takes place at the present time as the courts are downloaded with the claims for damages upon traffic accidents that results in underpayment of insurance benefits

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Summary

Introduction

It's no secret that the situation with the insurance payments in Russian Federation is far from being the best way. The reason is and not so much in the fact that insurance companies behave incorrectly with respect to the beneficiary but the lack of a legislative settlement of the issue of such payments. This is evident in the field of compulsory insurance of civil liability of owners of vehicles, or, in common, CTP. The issues of compulsory insurance of civil liability considering country-specific factors were addressed by many researchers: Vostatek, J., Ognjanovic, S., De Poorter I., Faure M.

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