How to terminate a life insurance contract with Rosgosstrakh?

Is it possible to purchase MTPL without additional insurance?

Yes. And here two options are possible for you:

1. they don’t force you to contact another insurance company,
2. refuse other products on top of MTPL insurance,
3. pay and purchase all additional insurance that is imposed on you, and then return it back to the insurer.

The first option is the simplest and most obvious. But it doesn’t always work for the simple reason that other insurance companies may impose additional things on you that you don’t need, or even more expensive than the first one. In addition, if we are talking about a small town, then another insurance company may be quite far from you.

The second option is not so simple - if you refuse additional insurance, then the policy may not be sold to you for various reasons: either the forms will run out, or the computer will freeze, or the employee’s working day will end (and the next one will never begin), etc. . Yes, the situation in 2021 began to improve significantly. Just a few years ago, it was almost impossible to buy a compulsory motor liability insurance policy without additional imposed additional services and products, and if it was possible somewhere, there was a queue for a month or two.

But the third option is the most favorable in terms of the number of visits to various authorities and institutions, including the insurance company.

So, let's talk about everything in order!

Is it possible to refuse imposed insurance?

The law allows for the refusal of imposed insurance under compulsory motor liability insurance. Initially, you need to contact the insurer, notifying him in writing. The organization will consider the appeal. However, the final response is reported within 30 days. The rule is regulated by Article 12 of Federal Law No. 59 On the procedure for considering applications from citizens of the Russian Federation dated May 2, 2006.

An alternative is to search for an organization willing to sell an MTPL policy without additional services. The law allows you to refuse insurance even if the policy has already been paid. The norm is reflected in the Directive of the Central Bank of the Russian Federation No. 4500-U dated August 21, 2021. The exception is situations in which an insured event occurs during the cooling period.

Some organizations resort to additional tricks, not wanting to pay for imposed insurance. An example of this is:

1. The details of the policyholder or his address are indicated incorrectly.
2. There is no contract; the citizen is given only a simple insurance form. It will not be possible to receive a refund based on this.
3. Incorrect information about the insurance object is provided. So, if we are talking about a home, the wrong number of square meters may be entered.

In the above situations, it is almost impossible to receive payment. Errors lead to the recognition of the contract as invalid.

The insurance company cannot refuse to sell the policy!

According to Article 1 of the Federal Law on Compulsory Motor Liability Insurance, an insurance contract (in other words, a compulsory motor liability insurance policy) is public. This follows by definition of such a contract. And for public contracts there are serious requirements under Russian legislation. Thus, according to Part 3 of Article 426 of the Civil Code of the Russian Federation, an entrepreneur is prohibited from refusing citizens to enter into a public contract.

All this means that the insurer does not have the right to refuse to sell MTPL insurance to the car owner... But such a right appears if there is no objective possibility of concluding an agreement.

Is the functionality of the computer and the availability of policy forms such an opportunity? Yes it is. Accordingly, otherwise the insurance company has every right to refuse to sell you insurance.

Further - worse

Moreover, a refusal to practically enforce the protection of your rights can only be in writing. To receive it, you need to submit a written application to purchase an MTPL policy.

But there is an important subtlety here - the time for consideration of your application by law is as much as 30 days (Part 1 of Article 445 of the Civil Code of the Russian Federation). This means that if you applied for insurance a day or two or a week before the expiration of the current one, then waiting for a written refusal is not your option, because there will be a period when you simply will not be able to drive a car due to lack of insurance.

Thus, if there are at least 30 days until the end of your current MTPL policy, then when imposing “additional insurance” the best option for you is to submit an application in writing (and take a copy of the application with a stamp of acceptance for video recording), which the insurance company is authorized to consider for 30 days and after that, give a reasoned refusal or enter into an insurance contract.

If the insurance company refuses you illegally and directly “out of lawlessness” - on video or in writing, then below we have instructions on how to attract a large fine for this.

How to get money back for imposed insurance under compulsory motor liability insurance?

The procedure for returning imposed insurance under compulsory motor liability insurance involves the following actions:

1. Receive an application form. To do this, you will need to contact the insurance company.
2. Fill out an application. It is mandatory to provide information about the MTPL policy, as well as indicate the number and type of insurance imposed.
3. Prepare a package of documents. If there is evidence of imposition, this should also be attached to the application. These may be the results of video filming or audio recording.

A package of documents is provided to the insurer. It is necessary to require that the application be registered as incoming documentation. One form must remain with the applicant. An acceptance mark is also placed on the paper.

IMPORTANT

You must contact the insurance company for a refund of the imposed insurance within two weeks from the date of purchase (during the cooling-off period). After this, the right to a refund remains. However, its size can be reduced.

The insurance company has no right to impose “extras”

Everything is very simple! Since an insurance company is an organization or individual entrepreneur (agent or broker for selling policies), you are an individual who is going to buy an insurance service for money, then consumer relations apply between you and, accordingly, the consumer protection law applies.

And, according to Part 2 of Article 16 of the Law on the Protection of Consumer Rights, it is prohibited to condition the purchase of some services on additional services - that is, the purchase of compulsory motor liability insurance with any other insurance, banking services and any other products.

Legal grounds for protection

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

• Use the online chat in the lower corner of the screen.
• Call: Federal number: +7 (800) 511-86-74

Let's figure out how the service itself is imposed. The reporting period has arrived, or you bought a new car - you have to get a compulsory motor liability insurance policy. You come to the office and the charming manager tells you that forms are issued only if you purchase extras. But at this moment it is too early to shout about the fact that life insurance under compulsory motor liability insurance has been imposed on you. In fact, you can refuse the purchase even after you put the money on the table.

Conversation with the manager

Managers in some insurance companies amaze with their resourcefulness and arrogance. There are several situations when you come to apply for compulsory motor liability insurance and are faced with the imposition of additional services.

• The manager claims that he can issue an OSAGO form only if you can purchase additional life insurance
• The manager simply tells you the total amount, which includes the cost of both the MTPL contract itself and additional insurance and other services.

First of all, arm yourself with knowledge of the law. Thus, paragraph 2 of Article No. 14.8 of the Law on the Protection of Consumer Rights clearly states that it is prohibited to include in a sales contract conditions that will directly or indirectly infringe on the rights of consumers. If the manager tries to contradict you, you can remind him of his responsibility under this article:

If this doesn’t help, then you need to choose what is more important today - punish the manager or still get insurance without additional payments and nerves. If the former, you can call the police and report a violation of administrative legislation or file a complaint with Rospotrebnadzor. If the latter, then either agree to the conditions and return the money a little later (more on this in the section below) or try to buy compulsory motor liability insurance using an electronic service for the provision of services from insurance companies.

Electronic purchase

There is an easier way than arguing with the manager to whom the manager assigned the task - no refunds for compulsory motor liability insurance or additional insurance. You can simply purchase a policy through electronic registration on the website of any insurance company. And you no longer need to think about how to return the money for the imposed compulsory motor liability insurance.

To do this, you will have to go to the website of a large insurance company and register in your personal account. Unfortunately, the legislator has not established a clear algorithm for purchasing compulsory motor liability insurance via the Internet, so some insurance companies simply do not send an SMS confirmation code for account registration on the insurance website, so the electronic registration method does not work. In addition, your vehicle may not be included in the database of the auto insurance community, and therefore the purchase transaction will not go through. If you were unable to insure your car without problems through the insurance website, you will have to return to the manager and follow the following algorithm.

Is it possible to refuse additional insurance and how?

So, we have come to the most important thing - the Central Bank in our case provided the best opportunity to avoid the imposition of additional insurance when purchasing compulsory motor liability insurance in the form of the opportunity to refuse the first ones with minimal damage to yourself (except for allowing you to use your own funds).

We are talking about the so-called cooling period. The cooling-off period is the consumer's opportunity to change his mind and cancel any voluntary insurance within 14 days after purchasing it.

This right for you is contained in the instructions of the Bank of Russia dated No. 3854-U on the requirements for concluding insurance services. According to the very first paragraph of this instruction:

1. When carrying out voluntary insurance, the insurer is obliged to provide a condition for the return of the paid insurance premium to the policyholder in the event of the policyholder’s refusal from the voluntary insurance contract within 14 calendar days from the date of its conclusion in the absence of events in this period that have signs of an insured event.

Until 2021, this period was shorter - 5 days, but then the Central Bank made changes to the cooling period.

As you can see, you can refuse and return all additional insurance within 14 days after purchasing it. Although, to do this, you will still have to first purchase them along with compulsory motor liability insurance. At the same time, according to paragraph 5 of the same instructions, the insurance company is obliged to return the money in full. But paragraph 6 immediately says that the refund amount is calculated in proportion to the validity period of the additional insurance. However, its effect does not necessarily begin the next day after purchase.

There are very rare exceptions when it is impossible to return the imposed “extras”:

• if you are a foreign citizen and are in Russia for work purposes, and additional medical insurance has been imposed on you,
• if during this time there was an insured event under additional insurance and you have already applied for compensation for damage,
• if this “addition” is mandatory for you (provided for by law) when carrying out your professional activities,
• if you were sold an international MTPL.

Return instructions

1. First of all, you will have to buy compulsory motor liability insurance along with all the imposed additional insurances - alas, but this cannot be avoided in our case.
2. Next, within 14 days, you must submit a free-form application to waive additional insurance with a request for a refund in cash or non-cash form. In the latter case, you need to indicate your account details for crediting.
3. The insurer within 10 working days (clause 8 of the Instructions) is obliged to transfer the money to your account or return it in cash at your choice.

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The reality of return

Thanks to RSA, the term “cooling period” appeared in insurance legislation. The essence of this term is simple: within 5 working days after purchasing an unnecessary service, a citizen has the right to contact the insurer with a passport and the original policy and write an application to terminate the contract. Theoretically, after 10 working days the entire amount will be returned to him.

But if you come on the sixth day or later, there is no talk of returning the amount during the “cooling off period”. Since it has already ended, the person has the right to demand only early termination of the contract. Whether the insurance company will agree to this, what are the grounds for terminating the legal relationship and whether there are penalties - you should look at the contract. However, it needs to be studied long before signing! From January 1, 2021, according to the instructions of the Bank of Russia, the “cooling period” will increase to 14 days.

In April 2021, the Federal Antimonopoly Service of the Arkhangelsk Region, at the request of the Central Bank of the Russian Federation, fined 12 million rubles. for selling additional services. To conclude an MTPL agreement, the car owner had to agree to... a paid test of the battery capacity. In case of refusal, the auto insurance policy would not be sold to him.