Maltsev V. Features of the legal regulation of vehicle insurance and civil liability of their owners in Australia

UDK: 341.9:368

Maltsev V. - candidate of legal sciences, associate professor of department «Financial law and taxation» of the Law Institute of the Russian University of transport

Abstract. The article deals with the system and specifics of legal regulation of insurance in Australia vehicles and insurance of civil liability of their owners. Indicates that the insurance for transportation related Australian legislation to the sphere of General insurance, which includes insurance Law, the Law on insurance contracts, and other laws governing specific aspects of insurance. However, largely the insurance of vehicles included in the special insurance legislation, which is within the competence of the state legislatures. Analyses the specific features established by the legislation of the States concerning the implementation of insurance of the vehicle, its registration, the order of concluding the insurance contract and issuance of the insurance policy. This article describes the basic types of auto insurance, is a characteristic of both voluntary and compulsory insurance of civil liability of owners of vehicles. Specified features of the conditions of insurance contracts the main types of insurance vehicles. discusses the advantages of certain types of insurance vehicles Marked by a specific insurance conditions, taking into account the rating drivers, including accident-free driving, the make of the car, its technical condition as well as the experience of the driver, his age and even gender. Shows the main parameters for the calculation of insurance amounts, insurance rates and insurance premiums in respect of certain types of vehicles. The analysis of the current system of benefits provided at the conclusion of the contract of compulsory insurance of civil liability of owners of vehicles in the Australian insurance companies. This marked distinction in the establishing and application of benefits on insurance rates and insurance premiums that apply in Australia and in the Russian Federation. Lit duties of a driver of the vehicle when making a traffic accident and the conditions of the damage caused. Specify the criteria for insurance claims related to natural disasters. The issues features activities of Australian insurance companies in the field of transport insurance. It is noted that certain aspects of vehicle insurance and civil liability of their owners in Australia, in particular relating to the procedure for simultaneous registration of vehicle and issuing an insurance policy, the introduction of the health insurance benefits at the conclusion of the insurance contract of the vehicle and the civil liability of the owner as well as the establishment of the rating of the driver in order not only to determine insurance rates and the amounts of insurance contributions, but also to improve driving safety, can be applied in the legislation of the Russian Federation.

Keywords: insurance; common insurance; compulsory insurance of the civil liability; insurance policy; the rating of the drivers; the insurance amount; of the insurance case.


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