Russian Association of Motor Insurers MTPL market in Russia : Problems and trends March 3rd - 4th, 2013 Istanbul 1 MTPL essentials in Russia Russian Association of Motor Insurers 25.04.2002 “Mandatory law on MTPL insurance” was adopted by the Federal Parliament 08.08.2002 Set up of the Russian Association of Motor Insurers (RAMI) – 48 insurance companies 14.10.2002 Registration of the RAMI On 28.02.2013 there were 109 members in RSA, among them 103 companies selling MTPL 01.07.2003 Implementing the MTPL system 01.07.2004 RAMI started to pay its first compensations 01.03.2008 Compensation limits for bodily injuries on MTPL policies were removed (for more than one victim) 01.01.2009 Russia joined Green Card System 01.03.2009 Introduction of the direct procedure on handling claims in case of accidents - European Protocol (Amicable report) 2 MTPL essentials in Russia Russian Association of Motor Insurers Limit of indemnities Bodily injuries: EUR 4 000 for each of the victims Property: EUR 3 000, for one victim, and EUR 4 000 for more than two victims Intention of increasing the limits Insurance tariffs Set by the Government Intention of liberalization (min and max) Insurance claims Independent Expertise Institute The claim has to be paid within 30 days Insurance contract is valid: 1 year with the limited use possibility Short term contracts (up to 20 days necessary to get to the place of registration or inspection) 3 Russian Association of Motor Insurers Russian Association of Motor Insurers Main functions of the RSA: • Communication between RAMI members, developing and implementation of professional guidelines for the companies and their enforcement; •Handling complaints of policy holders and victims; •Representing the members’ interests in their relations with government authorities; •Assets compensation during the process of insurance portfolios transfer; •Guarantee fund for the bankrupt insurers and for accidents caused by uninsured vehicles; •Regulating the technical inspection of the vehicles. 4 MTPL Statistics Exchange rate: EUR 1 = RUR 40 Russian Association of Motor Insurers Insurance premiums and payments Mln roubles 140,000 121,102 120,000 106,943 92,726 100,000 85,888 80,444 72,409 80,000 63,805 60,000 49,428 54,392 54,169 45,863 57,059 62,060 48,602 39,297 40,000 26,409 25,349 31,694 18,522 20,000 1,192 0 2004 2006 Insurance premiums 2008 2010 2012 Payments 5 MTPL Statistics Russian Association of Motor Insurers Number of losses claimed and paid Тыс. 2,800 2,600 2,400 2,200 2,000 1,800 1,600 1,400 1,200 1,000 800 600 400 200 0 2,440 2,358 2,292 2,602 2,4872,554 2,072 1,9791,962 1,884 1,6851,742 1,483 1,415 1,025 891 1,205 1,141 57 95 2003 2004 (July - December) 2005 2006 Number of accidents declared 2007 2008 2009 2010 2011 2012 Number of paid claims 6 Insurance Regulation for bodily injuries Russian Association of Motor Insurers In case of death: - Funeral expenses; - Compensations for relatives of the victim if certain criteria are met In case of other bodily injury: - Pecuniary losses (loss of wages, medical bills, etc) - Other expenses 7 Russian Association of Motor Insurers The basic principles for bodily injury compensation No limits for the level of compensation for bodily injuries; Bodily injury insurance covers pecuniary losses, medical bills and other expenses if the victim doesn't have the right to receive them for free; In case of bodily injury, the refuse of compensation is not allowed (even in case of the victim’s serious negligence and no fault of the other driver that caused the accident); Compensations for pecuniary losses – if the financial situation of the victim is improving, it will be taken into consideration only the income earned by the victim after the improvement and not the average monthly income for 12 months prior the injury; Indexation of the compensations for bodily injuries according to the level of purchasing power 8 Compensations paid for bodily injuries Russian Association of Motor Insurers Number of paid compensations related to bodily injuries cases Period Death Medical expenses Death + Medical expenses 2010 11 135 9 566 20 701 2011 9 721 11 671 21 392 9 Russian Association of Motor Insurers Compensations paid for bodily injuries Number of victims Number of victims, Number of victims, that affected as a result of a required medical relative’s death in treatment on bodily injury accidents insurance cover Period Number of deaths 2010 2 655 7 294 8 679 2011 2 292 6 749 10 489 Number of victims that suffered bodily injuries as a result of accidents has increased by 13 % in 2011 in comparison to 2010 10 Russian Association of Motor Insurers Judicial practice for bodily injury compesantions Judicial practice for several unclear situations related to injuries: - Compensation for lost earnings MTPL rules stipulate obligation to provide victims with the conclusions on the degree of disability as a percentage, but the courts charge lost earnings without this conclusions made on the basis of days off work, as off work means 100% loss of work capacity. Compensations for treatment and medical bills (MTPL regulations stipulate that these expenses are covered only if the victim is in need of these types of assistance and was not entitled to benefit from them free of charge, but the courts charge these expenses even if the victim was able to get them for free). 11 Russian Association of Motor Insurers A new bill to amend the MTPL Law At present, the State Duma is considering a bill to amend the MTPL Law, that refers, among others, to the limits and the process of compensations for bodily injuries: Increasing the limit of insurance compensation for bodily injuries up to EUR 13 000, including: In case of death/lost of the person who assured the income – less than EUR 12 000; Funeral expenses, to the persons who made these expenses not less than EUR 1 000 12 Russian Association of Motor Insurers A new bill to amend the MTPL Law Compensations for additional expenses to be granted whether the victim had the right to receive them for free or not; Changing the compensation system for bodily injuries: To set up the compensations for bodily injuries according to the compensation chart for the mere fact of injury; Subsequent additional compensations - depending on the expenses incurred by the victim within the insured sum. 13 Russian Association of Motor Insurers Evolution of the Green card policies and paid . claims abroad from 2009 till present 2,500,000 6,000 5,000 2,000,000 4,000 1,500,000 3,000 1,000,000 2,000 500,000 Number of contracts Number of accidents 1,000 0 0 2009 2010 2011 2012 Distribution of the policies depending on coverage All countries 47% Belarus, Ukraine, Moldova 53% 14 1 2 3 5 7 YUGOSLAVIA Bosnia Herzegovina IRELAND LUXEMBOURG 3000 BELORUSSIA UKRAINE POLAND 2000 FINLAND GERMANY 1000 LITHUANIA ITALY ESTONIA FRANCE LATVIA UNITED KINGDOM CHEZH REPUBLIK MOLDOVA AUSTRIA BELGIUM NETHERLANDS NORWAY SWEDEN ROMANIA SPAIN BULGARIA SLOVAKIA HUNGARY SLOVENIA TURKEY CRPATIA GREECE SWITZERLAND SERBIA DANMARK 500 PORTUGAL 1 F.Y.R.O.M. 0 ISRAEL Russian Association of Motor Insurers Loss distribution abroad from 2009 till present 2972 2576 2500 1919 1850 1593 1500 926 588 297313344 192 133143146168173173173 68 76 83 101109 8 15 35 37 39 42 46 49 15 Major losses from 2009 till present Russian Association of Motor Insurers Losses > EUR 200 000 – 6, of which: • The biggest loss – Germany, insurance reserve EUR 1,1 million, EUR 206 000 paid by RSA; • Loss in Greece (death of a biker) – insurance reserve EUR 763 000; • Loss in Germany (railway damage) – claim paid EUR 55 000, insurance reserve EUR 618 000; • Loss in Germany (death of a passenger), EUR 300 000 insurance reserve 16 The disputed issues on Green Card Russian Association of Motor Insurers 2009: the sell of Ukrainian MTPL policies in Russia. The problem was solved in collaboration with Motor Insurance Burro from Ukraine Systematical refuse of Ukrainian insurers to pay the financial claims of the Russian insurance companies. The problem is being solved by the Ukrainian Motor Insurance Burro. From 270 warranty claims, exposed by RSA to foreign Burros starting with 2009, approximately 90% were addressed to Ukrainian Motor Burro Lithuanian Green Card policies sold on the Russian territory. Measures: the collaboration with legal authorities, with Green Card Lithuanian Burro, sent a request to the supervisory authority to contact the Lithuanian insurance supervisory authority. 17 Russian Association of Motor Insurers Compensations paid for those who have suffered losses Life and Health: •Bankruptcy of the insurance company •Insurer’s license withdrawal •Unknown author of the accident •Uninsured vehicle Property: • Bankruptcy of the insurance company • Insurer’s license withdrawal RSA members contribute to the reserve Fond for compensations 3% of premiums collected from MTPL insurance. 18 Number of companies that have left the MTPL market Russian Association of Motor Insurers 25 20 17 15 15 10 9 7 8 7 5 4 3 0 2005 2006 2007 2008 2009 2010 2011 2012 19 Evolution of paid compensations Exchange rate: EUR 1 = RUR 40 Russian Association of Motor Insurers 140000 20,000 18,000 120000 16,000 100000 14,000 12,000 80000 118,286 10,000 77 700 60000 8,000 86 300 4,990 40000 20000 0 84 812 22 0,5 2004 1,622 59 6 522 310 10,734 375 13,680 480 3,400 3 785 4,327 6,000 4,000 2,000 0 2005 2006 2007 2008 2009 2010 2011 2012 Total number of the paid claims Total volume of the compensations, RUR million 20 Handling the insurance fraud Russian Association of Motor Insurers Informational collaboration starting January 1st 2013 unique informational database on MTPL policies has been introduced. Collaboration with law enforcement authorities. Measures against unfair competition: Practicing unjustified discounts, incentives and gifts when concluding MTPL policies; Providing inflated commission under the agent agreement. 21 Handling the insurance fraud Russian Association of Motor Insurers The share of claims, settled without the participation of police officers in 2012 slightly rose and represents 8% (2011 – 7,5%). There is a need for serious improvement to the application of European Protocol Unsolved problems: Insurance fraud related to European Protocol - it is necessary to expand the use of video recorders and monitoring systems Typical schemes used in case of an accident are mandatory only for insurers and decisions made on them are easily challenged in the courts (absence of an juridical mechanism for establishing shared culpability), Lack of legal culture of the drivers on the accidents registration procedure without police officers. 22 Russian Association of Motor Insurers Proposed measures for stabilization on the market New amendments to the insurance legislation concerning the bankruptcy of the insurers (the interim administration, prevention measures for bankruptcy) Set up the managers liability of the insurance companies for their obligations Increase the demands for the financial stability of the insurers, introduction of prudential supervision The introduction of a warning system related to the insurer financial situation based on: - numbers of complaints to the number of insurance contracts, - share of unsolved claims, etc. 23 Russian Association of Motor Insurers THANK YOU FOR YOUR ATTENTION! 24