Responsibility for imposing additional services when concluding an MTPL insurance contract

In the world of modern vehicle owner liability insurance, many companies, along with the MTPL policy, oblige the client to buy an additional product.

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This could be a life insurance policy or CASCO insurance, without which reliable and prestigious insurers refuse to issue compulsory motor liability insurance. At such moments, the consumer needs to be able to defend his legal rights.

What to do if the service is imposed

In accordance with the legislation on consumer protection, the insurer is obliged to issue a compulsory motor liability insurance policy and does not have the right to impose additional products on the client.

He may advise or offer to take out an additional policy that will expand your insurance options.

Refusal of insurance based on a negative response regarding the purchase of additional services will be investigated by law enforcement agencies upon application by a person who has not been issued compulsory motor liability insurance.

Despite the fact that insurance companies have repeatedly fined large sums of money, they continue to impose additional services.

This is due to the fact that prices have increased, and a regular MTPL policy today costs less than 3,000 rubles . Insurers need to increase profits, and they do this at the expense of uninformed customers.

When insurance companies push life insurance, from the outside the product may seem unnecessary. But it provides significantly more protection in the event of an accident.

Most road accidents have fatal consequences. Life insurance will significantly increase the cost of compulsory motor liability insurance, but the owner still needs to think about the feasibility of such a purchase.

Algorithm of actions when imposing an additional insurance product on compulsory motor liability insurance:

• refuse to purchase compulsory motor liability insurance and receive a written (oral reasoned) refusal from the insurance company employees;
• a verbal refusal must be received in the presence of witnesses or simply recorded on tape;
• stop driving for a while and file an application with the court, attaching evidence;
• Usually, cases of an insurer’s refusal to issue compulsory motor liability insurance are considered for two to three months;
• the plaintiff can recover amounts of material damage, lost profits and receive the long-awaited MTPL policy; the process is labor-intensive, but the size of the payments is worth it;
• receive a written refusal to issue an MTPL policy and contact Rospotrebnadzor, which will take measures to restore violated consumer rights;
• if a contract with imposed life insurance has been concluded, the person has the right to terminate it at any convenient time and recover the amount of moral and material damage incurred from the fraudulent actions of the insurer’s employees;
• contact the insurer, buy compulsory motor liability insurance on its terms and after some time terminate the additional contract on your own initiative; the advisability of this method will depend on the amount of the penalty that must be paid.

If desired, the client can contact law enforcement agencies with a statement of refusal to issue compulsory motor liability insurance.

Cancellation of life insurance

Every car enthusiast knows approximately how much he will have to pay for an insurance policy for his car. Moreover, the annual increase in prices does not surprise anyone, especially if there is an understanding of how the cost is formed. However, a not very pleasant situation is an unexpected increase in prices due to an additional life insurance service that no one warned about.

Is life insurance necessary?

All owners of land vehicles must obtain a compulsory motor liability insurance policy. For evading insurance, a fine of 800 rubles has been established.

In addition, if road service workers find out that the car owner is driving without compulsory motor insurance, they will take away the license plates and the opportunity to drive will appear only after taking out insurance.

You must not only take out an MTPL policy, but also have it in the car. For driving without an MTPL insurance certificate, the owner of the car and the person authorized to drive will also be fined.

Life insurance in this case is an absolutely optional product. It will help expand insurance opportunities, but is not a mandatory government guarantee.

In order to avoid fines and other material penalties, the vehicle owner is obliged to take out only a compulsory motor liability insurance policy, which will become the guarantee of payments and compensation to victims in the event of a road incident.

Life insurance is taken out at will and if financial capabilities are available, since all these policies are quite expensive.

How to check the OSAGO insurance policy of the Alfastrakhovanie company for authenticity, find out in the article: OSAGO Alfastrakhovanie. The rules of MTPL insurance at VSK are discussed on this page.

How to apply for compulsory motor liability insurance without life insurance

It is quite simple to purchase compulsory motor insurance without the famous add-ons. All the client needs to do is:

• Fill out an application - each driver, according to the rules, is required to fill out an application form in an approved form. application you can follow the link. Important: · fill out all fields of the application; · enter information in block letters; · avoid corrections. A sample application can be downloaded from the link
• Prepare documents - as a rule, to draw up a contract you need to prepare:

· personal passport;

· document for the car: PTS or registration certificate;

· driver license;

· diagnostic card form.

• Provide a package of documents to the insurer - the prepared documents are handed over personally to an authorized specialist of the insurance company or secretary. In response, the employee must provide a copy of the application, on which to put the date of acceptance, his full name and stamp (visa).

According to the law, after receiving a complete package of documents, the financial organization is obliged to issue compulsory motor liability insurance within 30 days. Otherwise, you can write a claim and go to court.

How to buy a policy without a service

Since 2014, reform of the legislation on compulsory motor liability insurance began.

The following changes have been made:

• the alternative procedure for filing an application for payment of monetary compensation has been cancelled; Now the victim is obliged to contact only his insurer in the event of an insured event;
• for insurers who entered into contracts later than August 2, the limits of insurance payments were increased;
• a special list of banks has been established in which the insurance company can store its reserve funds;
• The liability of a legal entity for imposing additional types of services has been established - 50,000 rubles .

Penalties for all indicators have become larger, but insurers continue to take risks and persuade clients to purchase additional warranty products along with compulsory motor liability insurance.

Now in the Russian Federation there are 33 regions in which there are problems with obtaining compulsory car insurance. Car owners are increasingly interested in the question of where it is profitable to take out a compulsory motor liability insurance policy without additional services.

You can use the following algorithm of actions:

• decide on the insurance company;
• fill out an application for registration of compulsory motor liability insurance with all attached documents;
• if, 20 days after the application, the company refuses to issue an MTPL policy, it is necessary to send a complaint to the Bank of Russia Department for the Protection of Consumer Rights.

When submitting an application on the Ministry of Finance website, you will need to upload copies of the following documents for forwarding to the insurer:

• vehicle owner's passport;
• diagnostic card;
• PTS;
• vehicle registration certificates;
• driver's licenses of all persons authorized to drive.

You can get an MTPL policy without life insurance from any insurer. If company employees motivate their refusal by the client’s disagreement with the purchase of additional products, the interested party can remind them of the fine paid by insurers who violated the rules of compulsory insurance.

Generally speaking, the policyholder has two options:

• contact another insurer;
• challenge the refusal of the company obligated to issue an MTPL policy.

It is necessary to fight injustice and fraud, but if there is no time for this, you can turn to another insurer.

Now there are many young companies that are trying to become prestigious in the insurance market. They can be considered as an alternative in the current situation.

How to return life insurance with compulsory insurance

What to do if a life insurance contract was purchased with compulsory motor liability insurance not of your own free will? In practice, many drivers discover protection already at home, after studying all the documents. Don’t be upset, because the contract form can be terminated and you can return all or part of the insurance premium.

Return procedure:

• Contacting the office - you can terminate the contract form only at the central office of the insurance company.
• Writing an application - an authorized employee will be able to accept documents only if there is a completed application form. In practice, the form is issued by company employees.

It is necessary to indicate in it:

· personal data;

· policy number;

· amount of insurance premium;

date of application;

· package of attached documents.

• Receiving a copy of the application - after the visit, the policyholder should have a copy of the application, in which the employee will put:

· job title;

· FULL NAME;

· signature.

A copy of the application must be certified by a seal. The document will be useful if the financial institution does not pay the funds or violates the payment deadlines.

If the application is submitted after the specified period, the insurance company will charge case management costs (CMC), the amount of which can reach 20-40% of the amount of the paid premium. The insurer also deducts payment for the days the contract is valid.

It is important to consider that a fully paid insurance premium can be returned if the application is submitted to the insurer within 5 business days after the life policy is issued. This period, according to the law, is called the cooling period.

For example, the policy was issued on November 15, 2017. The cost of the product was 2,000 rubles. Termination documents were submitted on November 29, 2017. It turns out that the protection was valid for 15 days.

Calculation:

1) 2,000 rubles (contract premium) / 365 days (contract validity period) = 5.48 rubles (cost of one day of insurance).

2) 15 days (how long the contract was valid) -* 5.48 rubles = 82.19 rubles (payment for 15 days of the policy validity).

3) (2,000.00 – 82.19) – 20% (RVD) = 1,476.71 rubles (received by the policyholder).

OSAGO prices without life insurance

The cost of compulsory motor liability insurance without life insurance is presented in the following table:

Insurance conditions	UralSib Insurance	Liberty Insurance	Tinkoff	RESO-Garantiya
Passenger car, engine power – from 100 to 120, period of use – 10 months or more, multi-drive	11,120 rubles	11,120 rubles	11,120 rubles	11,120 rubles
Passenger car, engine power – from 70 to 100, period of use – 10 months or more, multi-drive	10,193 rubles	10,193 rubles	10,193 rubles	10,193 rubles
Passenger car, engine power – up to 50, period of use – 6 months, multi-drive	3,892 rubles	3,892 rubles	3,892 rubles	3,892 rubles
Truck (less than 16 tons), engine power from 100 to 120, period of use - 6 months, multidrive	6,633 rubles	6,633 rubles	6,633 rubles	6,633 rubles
Truck (over 16 tons), engine power from 50 to 70, period of use - 10 months or more, multi-drive	15,163 rubles	15,163 rubles	15,163 rubles	15,163 rubles

When forming the table, the following initial data were used:

• the place of registration of the vehicle owner and purchase of the policy is Moscow;
• the minimum age of persons allowed to drive is 23 years;
• Minimum driving experience is 5 years.

Obviously, it is better to buy insurance for a period of more than 10 months. When renewing the policy, the owner who receives MTPL for 6 months will lose about 3,000-4,000 rubles . Even when purchasing a multidrive product, it is better to allow persons over 25 years of age to drive.

OSAGO without life insurance is mandatory. Insurers do not have the right to force the purchase of a life policy. This can be regarded as a violation of consumer rights.

Insurance company employees can only offer to familiarize the client with existing offers. Everything else can be regarded as an inducement to purchase additional services.

If a potential policyholder submits evidence to the court regarding a deliberate, unreasonable evasion from issuing a simple MTPL policy, he can count on compensation, the minimum amount of which will be 50,000 rubles.

How to reduce the cost of an MTPL policy, read the article: cost of MTPL. How to assess damages to MTPL, read here.

You can find out what KBM OSAGO is in this article.

Actions of the driver if the insurer imposes insurance on MTPL

IMPORTANT
If a citizen is faced with the imposition of services, it is recommended to refuse to start cooperation with the organization. You need to try to find an institution willing to sell compulsory motor insurance without other additional services. Not all companies are trying to push unnecessary products onto people's faces. You can first calculate the approximate cost of insurance using an online calculator.

If a person still wants to continue cooperation with a certain organization, there are several ways to refuse unnecessary services. Initially, it is recommended to inform the insurer of your reluctance to purchase additional products. If representatives of the organization continue to insist, you can refer to regulations that protect the citizen in the current situation. So, in Art. 1.5 ch. 1 of the OSAGO Rules states that the policyholder cannot refuse to provide the service if all standards are met and the required documents are provided.

You must ask for the refusal to provide the service to be recorded in writing. It is better to record the conversation with the manager. Most likely, the insurance agent will continue to insist on selling the policy with a package of additional services. In this situation, you can agree to the conditions put forward, but subsequently write a refusal of the imposed insurance. The document is drawn up in two copies. It is sent to the insurance company within 14 days. The period is called the cooling period. The possibility of its use is reflected in the Directive of the Central Bank of the Russian Federation No. 4500-U dated August 21, 2017. It is recommended to mention that in case of refusal to return the funds, the application will be referred to the court.

Attention

If it was not possible to achieve a result, and the insurer does not want to return the money, you need to demand that the violation be recorded in writing. In this case, the appropriate summons must be affixed to the form. Then all papers are transferred to the Central Bank, RSA or Rospotrebnadzor. It is permissible to start a trial.

Why do insurance companies sell life insurance?

This phenomenon did not always occur. The history of the issue begins in 2014, when at the legislative level the limits on payments to victims of road accidents were raised several times. At the same time, the price of the policy has remained almost unchanged. Since then, many companies have ceased to receive a stable income from the motor vehicle, and some began to operate at a loss.

Thus, the situation when licensed companies impose life insurance when issuing compulsory motor liability insurance is explained by the following reasons:

• Reimbursement of expenses for numerous payments. There are more cars, they have become more expensive, and the accident rate situation is only getting worse.
• Generating additional profit through the sale of options that in most cases will be unused by drivers.

Note! Company managers are well aware of the responsibility for imposing associated risks. All this is presented very beautifully and thoroughly. Most drivers do not even understand that they were sold a service they absolutely did not need. And those who realize this prefer not to get involved in protracted proceedings. The reason is that it is becoming increasingly difficult to buy a policy; it is better to overpay a little than to miss the deadline and run into trouble.

Amendments to car insurance legislation

After its entry into force in 2003, the Law “On Compulsory Motor Liability Insurance” has undergone a number of changes, making insurance conditions more convenient for vehicle owners. But, both in its original form and after changes were made, there is no provision in it as to whether life insurance for the driver is mandatory when purchasing compulsory motor liability insurance.

Related article: New rules in the 2019 OSAGO motor insurance law

The main provisions in the latest version of the law are as follows:

• validity period of standard and transit policies - 3-12 months/20 days;
• coverage for equipment and health - 400/500 thousand rubles;
• fine for lack of document - 500/800 rubles;
• single tariff corridor;
• application of a number of coefficients;
• the possibility of purchasing from any company, regardless of place of residence and registration;
• drivers' interest in careful and safe driving;
• frequency of car use;
• companies have an appropriate license;
• compensation in kind;
• financial liability for imposing additional options;
• the ability to drive up to 10 days after purchasing the vehicle;
• equal legal force of paper and electronic policies.

Note! Car insurance rules are regulated by the Central Bank of the Russian Federation. Any number of drivers can be included in the contract, but there is no provision in the regulations regarding whether life insurance is mandatory when insuring a car.