Procedure for terminating the MTPL agreement with Ingosstrakh and refunding money

The CASCO agreement is a mandatory part of the insurance policy for guaranteed protection of this type. The certificate of insurance that is familiar to our eyes is not issued, which is what distinguishes CASCO from compulsory motor liability insurance.

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CASCO agreements are also insurance policies, as evidenced by the special number in the upper corner of the document received by the owner.

What is CASCO

Translated from Spanish, “casco” means “helmet”. The meaning of the word fully corresponds to the objectives of this insurance. CASCO is comprehensive car insurance, except for liability.

This policy can fully cover the risks that threaten the policyholder and the insured property. Liability to third parties is not taken into account in this case, even if the insured is the culprit of the accident. It is also important to note that this is a voluntary type of vehicle insurance.

Such insurance is more expensive (for example, OSAGO), and the contract is not regulated by the state. There are other characteristic differences.

Grounds for termination of the CASCO agreement

It is quite reasonable to assume that when the subject of insurance is no longer there, insurance becomes unnecessary. The law does not argue with this. In Art. 958 specifies the grounds for early termination of the contract:

• If the likelihood of an insured event has disappeared and the insured risk has disappeared. Here we are talking about circumstances not related to insured events. These, in particular, include the loss of a vehicle for reasons not specified in the contract. This could be the destruction, sale or disposal of the car.
• Anytime.

That is, no obstacles or conditions for termination of the contract by the policyholder are defined by law.

And the next paragraph of the article states that in case of early termination of the contract due to the circumstances specified in the first paragraph (destruction of the car), the insurer has the right to a portion of the insurance premium. The third paragraph of the article says that you can simply cancel CASCO early, but the insurance premium will not be returned - unless the contract provides for something else.

After concluding the contract, the insurance company client receives a memo with the insurance rules, which indicates the grounds for terminating the contract. It is quite clear that the death of the policyholder (or the insurer as a legal entity) is such a basis (Article 451 of the Civil Code), and the validity period of CASCO insurance does not affect this in any way. When a license is revoked, the agreement automatically ceases to exist 45 calendar days from the date the decision of the insurance supervisory authority enters into force (clause 4.1). When a car is sold, the owner and sometimes the registration documents of the vehicle change, and this also requires termination or re-registration of the contract.

At the initiative of the insurer

The insurance company (IC) cannot terminate the contract without the consent of the policyholder. However, there are a number of conditions under which this is inevitable:

• The insured grossly violated the contract. There are a lot of options here. The most “popular” is failure to inform the insurer about changes in the personal data of the client and the insured vehicle.
• Facts of reporting false information or fraud by the policyholder have been identified.
• Vehicle documents are lost.

In Art. 959 of the Civil Code states that the policyholder is obliged to inform the insurance company about circumstances that may increase the likelihood of insurance risks occurring. In this case, the insurer has the right to demand a change in the terms of the contract or payment of an additional insurance premium. And if the policyholder does not agree, he can terminate the contract.

Do break-even discounts apply to early termination?

About how break-even discounts work on comprehensive insurance policies, you must check with the insurance company from which the comprehensive insurance policy was purchased. Since insurers have significantly different approaches to the insurance history of their clients.

Some keep break-even discounts for several years, demonstrating loyalty to policyholders. And it does not tie the preservation of discounts to early termination.

Someone immediately resets the discount history to zero after early termination.

But in general, the market practice is to maintain break-even discounts only for continuous car insurance with the same company. Therefore, early cancellation of a comprehensive insurance policy carries the risk for the car owner of losing the accident-free history accumulated over several years.

But this only applies to comprehensive insurance. In MTPL, the accident-free history is formed and stored in a different way.

Read more about discounts for careful driving under MTPL in the article - “Calculation of KBM under MTPL”.

When there will be no refund under CASCO

The insurance company client has the right to terminate the contract and demand the return of the insurance premium without giving reasons, but it is not always possible to receive it. There are a number of conditions under which you should not expect money:

• The insurance company has already paid the insurance premium under the terms of the contract in full.
• The policyholder has not made the next installment if the policy is paid in installments.
• The policyholder grossly violated the contractual terms. In particular, he tried to deceive the Investigative Committee by providing false information.

In paragraph 3 of Art. 958 of the Civil Code states that it is impossible for the policyholder to receive the paid insurance premium in case of early termination of the contract. In other words, it is important to study the document at the stage of its preparation and, if possible, make adjustments. The text of the contract should indicate a clause on termination and return of the insurance premium by agreement of the parties.

The most frequent complaints of Rosgosstrakh clients when going to court

(based on materials from the website of PJSC IC "Rosgosstrakh" - a participant in the trial https://sudact.ru/regular/participant/HYTqpZ4HEYJ, the website "Insurance - Greedy" https://strah-zhadina.ru and customer reviews)

Most often, RGS clients file complaints about the following violations:

• very long coordination of repair work and invoices with service centers;
• underestimation of insurance payments, as a result of which service centers refuse repairs, indicating the reason: “we do not fit into the cost of repairs indicated by the insurer”;
• refusal to pay due to an accident involving one participant;
• violation of the terms of payment under CASCO.

Where to go for a refund

Of course, you must first contact the Investigative Committee. To do this, you need to draw up an appropriate application, to which you must attach a set of necessary documents. You can send the package by mail. The insurance company is obliged to accept the papers. If this does not happen, the client can forward the complaint to higher management. The company must respond within 15 days.

If the insurer does not transfer the money to the account specified by the policyholder two weeks after receiving the application for termination of the contract, the latter must re-notify the company of its intention to return the premium.

If the issue cannot be resolved, you need to go to court.

Required documents

The list of required documents is determined by the circumstances under which the decision was made to terminate the contract. The standard list includes:

• Passport.
• Power of attorney for a representative if the issue is not handled by the policyholder.
• CASCO policy.
• Receipts for payment of insurance premium. If paying by installment, all receipts will be required.
• Payment details.

If the contract is terminated due to the sale of the car, additional copies are needed:

• purchase and sale agreements;
• vehicle passports with a note about the new owner;
• power of attorney, if the sale was handled by a representative of the policyholder.

In other situations you may need:

• certificate of deregistration if the vehicle is disposed of, stolen or destroyed;
• death certificate of the policyholder (copy) and certificate of right to inheritance (original).

The insurer can request a diagnostic card and almost any other papers, relying on its own regulations. But he must notify the client about this.

Company programs

The company offers a variety of CASCO insurance options, which range from simple packages of options to individual designs that can satisfy various requirements. They are called the “Formula of Movement”, each of them provides an individual solution.

"12 months"

The program provides a full-fledged CASCO policy, payment for which is carried out in installments over a period of 12 months. The owners have the opportunity not to pay the entire amount, but to distribute it in equal parts and pay gradually. A distinctive feature of the program is the registration of a policy through the company’s website on the Internet.

By agreement, repairs to a damaged vehicle are carried out at technical dealership centers.

Paid by bank card by automatically debiting regular payments for the purchased policy.

If you wish, you can refuse to write off payments at any time; in this situation, the CASCO policy will cease to be valid. To receive a refund, you must pay the remaining balance.

It includes:

• providing protection if the car is stolen;
• warranty protection against any type of damage to vehicles;
• repairs at the dealer's technical center;
• carrying out repairs of glass and glass parts once a year without providing certificates;
• provision of services as a commissioner at the scene of an incident in the event of an emergency;
• evacuation of a non-functioning vehicle.

"For confident drivers"

The fundamental feature of the policy is its low cost; it is 30% cheaper than other programs offered that have similar options.

A favorable price is provided by a one-of-a-kind franchise, the essence of which is that it is not used to identify the culprit of a traffic accident.

The insurance contract under the program consists of popular services that are valid in all types of incidents. According to it, the damaged car is repaired in technical centers cooperating with the company.

It includes:

• providing protection in case of unlawful taking of a car without the purpose of theft;
• guarantee of protection in case of damage to vehicles, regardless of its type;
• providing the services of an emergency commissioner at the scene of a traffic accident, if one occurs;
• evacuation of a faulty vehicle.

"For credit cars"

Insurance under this program allows you to purchase a car on credit. It includes the services required by banks when they issue a loan for the purchase of a vehicle.

Insurance includes:

• guaranteeing protection in case of car theft;
• creating conditions for protection against any types of damage leading to malfunction;
• carrying out repair and restoration work at a technical dealership center;
• bail associated with civil liability.

"Car+apartment"

The company's offer is advantageous in that it combines CASCO in the classic form and apartment insurance, providing it with a 30% discount. It is attractive to the policyholder who wants to profitably purchase a policy.

The insurance company provides for the car:

• protection if vehicles are stolen;
• compensation for damages resulting from any damage;
• carrying out repair work in a technical center, if the car is new, then in a dealership;
• provides services provided by an emergency commissioner at the scene of an accident;
• carries out the evacuation of a damaged vehicle;
• replaces glass elements without requiring a certificate once a year.

The contract provides for the apartment:

• compensation for damage caused to interior decoration, utilities, and household property;
• coverage for damage to neighbors under civil liability insurance;
• making payments to cover damage in the event of insured events such as natural disasters.

"Constructor CASCO"

A distinctive feature is the many options from which the policyholder chooses the options that suit him.

As a result of the actions taken, an individual contract is obtained that provides guaranteed protection in unforeseen situations, accompanied by significant costs to eliminate their consequences.

Procedure for terminating the contract and returning money

Before you suspend your car insurance, it's worth considering whether you need to do so. It is important to study the contractual provisions, paying attention to the insurer’s obligations regarding termination of the contract and refund of money. It is also worth considering that you will not be able to receive the entire insurance amount. Having agreed on compensation for the difference with the new owner of the vehicle, you can return the money for CASCO when selling the car.

If the decision is made, the algorithm of actions is as follows:

1. A written application to the Investigative Committee with a statement. Within two weeks, the insurer must consider the possibility of terminating the contract and calculate the amount of funds to be returned. During this period, you can no longer use CASCO.
2. Based on the decision of the Investigative Committee, receive the amount due or go to court.

Insurers have an unspoken rule - the sooner the decision is made to terminate the agreement, the easier it is for them to return the client’s contributions.

If there are a couple of months left until the end of the contract, this will be problematic.

How to reduce the cost of your policy

What is a deductible for CASCO insurance?

Remember that insurance agencies do not refund the cost of CASCO if the vehicle remains with the owner. It is also impossible to sell it and get money in your hands, because... this property is under collateral. In such conditions, you can also return your insurance or at least significantly reduce payments by using the following recommendations:

• There are banks where it is not necessary to insure a car for the entire loan term; just 1-2 years is enough. Whether to continue insuring your vehicle is up to you;
• You can insure your car for the amount of your debt to the bank, but not its actual value. Under such conditions, the price of the CASCO policy will significantly decrease and you will not have to repay the funds for a long time if the debt is repaid ahead of schedule;
• Contact another insurance company next year, where the amount will be slightly lower. You can use a policy with a franchise, which banks don’t really like, but from the point of view of the law there should be no claims against you;
• Consider refinancing your car loan into a regular one. This way, the interest rates will be lower than under CASCO insurance and you won’t have to pay back part of the insurance.

How much can I get back?

Now it is clear whether it is possible to terminate the CASCO agreement early. How much money can you get back? Article 958 of the Civil Code talks about part of the insurance premium, which is calculated in proportion to the remaining term of the contract.

You can find out the approximate amount yourself using a simple formula. Subtract 20% from the cost of the policy (in some insurance companies the reduction, taking into account the annual depreciation of the vehicle and the costs of running a business due to the unprofitability of the policy, reaches 40%), multiply by the number of remaining months of insurance and divide by 12.