Abstract
In the Russian Federation, the vehicle insurance sector is gaining more and more prevalence and importance, which is due not only to the annually increasing number of road accidents occurring, but also to the digitalization paradigm of the entire Russian society. Any interested person who has suffered damage has the intention to restore his rights, including property rights, which is not always possible at the pre-trial stage of the development of a vehicle insurance conflict. Despite attempts to legislatively reform the pre-trial procedure for resolving disputes in cases arising from the vehicle insurance contract aimed at increasing guarantees of the rights of consumers of financial services, the judicial procedure for resolving such disputes does not lose its relevance. The judicial protection of the consumer financial services rights reveals the issue of court interpretation of legal texts, in particular, the rules of insurance and the vehicle insurance contract concluded by the consumer of financial services with the insurer. In the texts of such agreements, financial organizations specify the types of insurance events that do not fall under the signs of an insured event, which is the basis for compensation for damage caused. The correctness of the consideration and resolution of the dispute actually depends on the correct interpretation of these legal texts.
Highlights
Vehicle insurance disputes dominate in the total volume of civil cases considered and resolved in the courts of the Russian Federation
The judicial protection of the consumer financial services rights reveals the issue of court interpretation of legal texts, in particular, the rules of insurance and the vehicle insurance contract concluded by the consumer of financial services with the insurer
A significant legislative innovation in the field of resolving vehicle insurance conflicts is the introduction of a mandatory pre-trial procedure for their settlement by contacting the insured with a financial ombudsman, whose competence has been legislatively “filled” with powers for out-of-court resolution of a vehicle insurance dispute
Summary
In cases of collection under vehicle insurance contracts in 2017, the amount of satisfied claims of the plaintiffs amounted to more than 33 billion rubles, in 2018 this sum exceeded 39 billion rubles at the same time, in the specified calendar year, the total number of relevant statements of claim considered by the courts of general jurisdiction of the Russian Federation was more than 293 thousand [1] The significance of this category of civil cases is associated with the possibility of insurers (beneficiaries) receiving compensation for material damage received as a result of a road traffic accident, the number of which is increasing every year, and with the possibility of compensation for harm to the life and health of its participants. Despite the number of legislative definitions already introduced and their practical significance, normative work on further study and the feasibility of introducing other legal provisions in the field of vehicle insurance continues
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