Denis Ev. Zaykov - Candidate of Law, associate professor of the department ‘Civil law, international private law and civil procedure’ of the Law Institute of the Russian University of Transport
Abstract. Disputes between insurance companies and consumers (third parties who have acquired rights of consumers’ claim against an insurance company) arising from compulsory civil liability insurance contracts for vehicle owners are widespread. In this connection, the introduction of a mandatory claim procedure for their resolving with the participation of the financial consumer ombudsman has created the necessary conditions both for their prompt, high-quality and legal resolution, and for the exercise of the right to go to court. At the same time, the existing legal regulation of the institution of the claim procedure for resolving disputes on the contracts of compulsory motor third-party liability insurance allows for ambiguous interpretation, and the judicial practice of its application has multidirectional development, which negatively affects the possibility to protect the rights and legitimate interests of consumers and determines legal uncertainty in these relations. The author of the current paper has analyzed the existing problems of the relevant legal regulation and judicial practice, and suggested ways to resolve them.
Keywords: contract of motor third-party liability (MTPL) insurance; financial consumer ombudsman; insurance organization; consumer; court; claim procedure; vehicle.
- Voronin, YU. V. Institut finansovogo ombudsmena kak instrument sovershenstvovaniya protsedury uregulirovaniya tipovykh sporov na finansovom rynke (popytka induktivnogo analiza) [Institute of the Financial Ombudsman as a tool for improving the procedure for resolving typical disputes in the financial market (an attempt at inductive analysis)] / YU. V. Voronin // Aktual'nyye problemy rossiyskogo prava. ― 2020. ― № 11. ― S. 49―59.
- Klimov, V. V. Institut finansovogo upolnomochennogo — novyy mekhanizm obespecheniya balansa chastnykh i publichnykh interesov v finansovoy sfere [The institution of the financial ombudsman - a new mechanism for ensuring the balance of private and public interests in the financial sphere] / V. V. Klimov // Aktual'nyye problemy rossiyskogo prava. ― 2020. ― № 5. S. 35―41.
- Nenakhova, Ye. Finombudsmen upolnomochen zayavit'. Na finansovom rynke nachinayet rabotu institut upolnomochennogo po pravam potrebiteley finansovykh uslug [Financial ombudsman is authorized to declare. The institution of the ombudsman for the rights of consumers of financial services starts operating in the financial market] / Ye. Nenakhova // Mikrofinance+. ― 2018. ― № 2. ― S. 18―21.