They imposed life insurance under compulsory motor liability insurance, how to return it?

How to return the imposed life insurance under MTPL?

Situations when the insurance company imposes life and health insurance on car owners in parallel with the MTPL agreement are not uncommon. The cost of the “load” can be several times higher than the price of a vehicle license, which is why citizens refuse to purchase a document and drive a vehicle at their own peril and risk. Read below about how to return money for imposed services.

Historical aspect

For the first time, the sale of additional health and life protection policies was used by the Rosgosstrakh company. Considering that in a number of constituent entities of the Russian Federation it is a monopolist, residents of remote settlements had no choice. Soon other players in the federal market “borrowed” the experience, and it was difficult to prove the fact of imposing additional services.

For example, the cost of an MTPL policy in Yekaterinburg in 2013-2014 was 4.5 thousand rubles. One of the companies, included in the TOP 10 in the country, offered to additionally issue protection for life and health at a price of 5.5 thousand rubles. The total cost of purchasing a motor vehicle was 10 thousand or more rubles.

In general, the imposition of additional insurance under compulsory motor liability insurance is characterized by the following circumstances:

refusal to purchase only a motor vehicle license;
an increase in the total cost of the service;
the manager’s inability to explain the company’s requirements;
widespread - applied in a city or region;
administrative responsibility for such actions.

In October 2015, the Russian Union of Auto Insurers issued a clarification according to which an attempt to impose additional services was recognized as illegal, and the citizen had the right to refuse. Meanwhile, in the legislation this norm has been applied since September 1, 2014, although it does not change the situation - the imposition of services is closely intertwined with cross-selling (legal sale of insurance).

What do the companies themselves say?

In proceedings regarding the refusal to sell OSAGO or the imposition of life and health insurance (a fine of 50 thousand rubles is provided for this), violators emphasize: the citizen had the right to refuse and not defend his automobile civil liability at all, and if his signature is in several policies, then actions are purely voluntary.

Several years ago in Yekaterinburg, a woman who had insurance was imposed on her, got into an accident with her family. Because the car's airbags were shot out, she suffered a bruise and concussion. Having applied for compensation for loss of health, the citizen was refused: according to the employees, the policy purchased simultaneously with the MTPL agreement is not valid in cases of road accidents. Soon the car owner hired a lawyer and sued for 400 thousand rubles.

If the company refuses to return a previously paid premium for illegal insurance, the policyholder has the right to apply to the following authorities:

Service for the Protection of the Rights of Financial Services Consumers and Minority Shareholders of the Central Bank of the Russian Federation;
Head office of the Central Bank of Russia;
Federal Antimonopoly Service and (or) RSA;
World or arbitration court.

The term cross-selling was mentioned a little earlier. This is the sale of additional goods or services, which is carried out in parallel with the transaction, but is not directly related to its subject. Insurance company employees, explaining the imposed additional services, emphasized: the second insurance was offered to the citizen as part of cross-selling, and he decided not to refuse. There was no talk about the lack of alternative to the situation.

Situations when the manager directly says: either you buy insurance or you don’t get compulsory motor liability insurance are very rare. Much more often, car owners hear far-fetched excuses: for example, there are no free forms of motor vehicle registration in stock, but there is one booked by a stranger. And it was at this very moment that he refused the policy, but life and health insurance is included in the “load” of the auto insurance policy.

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, 2018, according to the instructions of the Bank of Russia, the “cooling period” will increase to 14 days.

In April 2016, the Federal Antimonopoly Service of the Arkhangelsk Region, at the request of the Central Bank of the Russian Federation, fined the Rosgosstrakh company 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.

To sue or not?

The cost of life and health insurance is influenced by many factors: age, gender, length of service, place and duration of last job, criminal record, number of reports to the police, injuries, previous surgeries, etc. If a person works in a hazardous industry or exposes himself to daily risk, the price of the contract can be tens or hundreds of thousands of rubles.

If you refuse to return money for imposed services during the “cooling-off period,” you can contact any department at your place of residence - subsequently the case will be transferred to its jurisdiction. However, there is one BUT: today the courts are overloaded with similar cases, claims for insufficient payment and recourse, which is why a significant period of time can pass from filing an application to the hearing - from 6 to 12 months.

How to return the imposed insurance under MTPL?

As evidence, you can record communication with an insurance company employee on a voice recorder or video camera, request grounds for refusing to sell compulsory motor liability insurance or imposing life and health insurance. If the IC department has an internal regulatory document, you must ask to bring it and show it. When a specialist refuses to communicate, you can call the office manager.

It is better to witness the committed offense not only by electronic means, but also with the help of eyewitnesses. If the imposition of an unnecessary service does occur, it is necessary to send an application for termination of the contract by registered mail with acknowledgment of delivery. As a rule, the recipient does not risk ignoring registered letters and gives a reasoned response within three days.

Documents required for termination of the contract

The standard package of documents required to return illegal insurance must include:

application in two copies (the applicant’s document must have an entry number);
photocopy of civil passport (main page + registration);
a copy of the MTPL and PTS indicating the owner;
a copy of the health and life insurance contract;
personal account details (for non-cash payments).

If, after submitting a package of documents to the insurance company, no response was taken on its part, you must write a letter to the Russian Union of Auto Insurers at the address 107016, Moscow, st. Neglinnaya, 12, phone 8-800-250-40-72. The letter should indicate the time, place, service being offered, the insurance company or its branch and attach scans of the civil passport and policy. If there was a refusal to sell, it is worth attaching a copy of the previous OSAGO.

Summarizing

The problem of imposing additional insurance along with compulsory motor liability insurance is still relevant today. The explanation is simple: while the cost of a car has doubled over the past two years, prices for new cars, spare parts, services and repair materials have increased three times or more. Companies, being commercial entities, suffer losses and strive to compensate for them as soon as possible.

In order not to be deceived, you need to follow the simple rules indicated above. Refuse the imposed services in every possible way, remember the deadline for submitting documents and the “cooling-off period”, record the sales process with a photo and video camera, demand a written refusal and remind the insurance company employees that their intransigence is punishable by a fine of 50 thousand rubles.

If, despite all the rules described above, it was not possible to solve the problem, there are three options:

refuse to purchase compulsory motor insurance;
purchase a set of services and immediately write a return application;
send the above package of documents directly to RSA, within the “cooling period”.

How to get money back for imposed life insurance when taking out compulsory motor liability insurance

When contacting an insurance company for a mandatory MTPL policy, the driver may discover that in addition to the car, documents were signed for life insurance, health insurance, etc. Meanwhile, such manipulation can be regarded as an imposition of services and canceled by law. Knowing his legal rights will allow the driver to determine a plan on how to return the money for the imposed life and health insurance under compulsory motor liability insurance.

Is it possible to get a refund for additional insurance?

Few drivers think about insuring their own life when applying for a civil liability policy, and the insurer by default includes additional options in the basic program. Only after some time does the motorist discover that the amount of expenses includes other insurance company services.

The most common auto insurance options are:

life insurance;
from an accident;
from financial risk;
medical policy.

Insurance companies calmly offer to expand the range of services provided, since, in most cases, this proposal does not have any consequences: drivers do not notice the additional insurance, or put up with the new service as if it were inevitable, or, having noticed the added service, refuse to pay.

At the same time, the actions of the insurance company, one way or another, violate the rights of the consumer established by Part 2 of Art. 16 of Law No. 2300.

Law of the Russian Federation dated 02/07/1992 N 2300-1 “On the protection of consumer rights”

Article 16. Invalidity of contract terms that infringe consumer rights

2. It is prohibited to condition the acquisition of some goods (works, services) on the mandatory acquisition of other goods (works, services).
Losses caused to the consumer as a result of violation of his right to free choice of goods (work, services) are reimbursed by the seller (performer) in full. It is prohibited to condition the satisfaction of consumer demands made during the warranty period on conditions not related to defects in goods (work, services).

New changes in legislation are designed to counteract the arbitrariness of companies. Since 2016, thanks to the “cooling off period”, it has become possible to return funds paid against one’s own will when applying for extended insurance coverage under MTPL.

The cooling-off period is 5 days after the policy was purchased. During this period, the motorist has the right to terminate the life insurance contract.

What insurances are refunded for?

According to clarifications from the Central Bank, illegally imposed insurance can be canceled under a simplified scheme only if an additional policy has been issued between the policyholder and the company. This restriction had a significant impact on further adjustments to the activities of insurers and the implementation of drivers’ rights.

The fact is that during the cooling-off period, money will be returned only for those services that are issued in the form of a policy. The right of return still does not apply to various additional services included in car insurance. Thus, it will not be possible to cancel the previously paid services of a technical inspection, tow truck, emergency commissioner and many other additional options.

In addition, the provisions of clause 4 of Central Bank Directive N3854-U limit the scope of application of the cooling period for the following services:

International car insurance policy.
Compulsory insurance for foreigners.
Insurance when using a car in professional activities.
Honey. policy when traveling abroad.

It turns out that you can demand a refund for the cooling period only when you take out a separate policy for the imposed service, if it is established that the sale of compulsory motor insurance without it has been refused. If the driver retains the right to refuse to purchase additional services, and he can independently choose whether to take out extended car insurance with a large discount and pay for an additional option, or refuse, in this case the actions of the insurance company are qualified as cross-selling.

How to terminate a contract and get your money back

Every responsible motorist, when concluding an agreement under an MTPL policy, is obliged to check the signed papers. However, if unnecessary insurance was imposed, and the driver discovered this fact later, it is important to have time to submit a request for a refund within the next 5 days. The sooner a discrepancy between the client’s intentions and the insurance services actually signed and paid was discovered, the better.

The return procedure must be initiated by the policyholder by submitting an application drawn up in triplicate. The appeal is supported by documents proving that the service is being imposed - this can be any paper, file with video or audio recording. A new package of papers is also being prepared:

passport;
STS/PTS (copies);
diagnostic card (copy);
rights (plus a copy).

A copy of the agreement and details for transferring funds are also attached to the form.

The letter is sent by registered mail with notification, which will confirm the fact of delivery of the application and compliance with the deadlines. You can also submit the return application in person, but in this case you will have to write another copy so that when you hand over the document, it will be marked as having received the original.

If the application is ignored within the next 10 days or disagrees with the decision, the policyholder contacts the supervisory authority - the Central Bank.

Application for termination of the contract

Since the contract for imposed services can be terminated only with an official request from the driver, a letter with an application for termination of the contract is most reliably sent to the company by registered mail with notification.

It is recommended to make a record of sending all attached documents so that you can subsequently confirm the fact that you are terminating the contract with the insurance company. There are no special requirements for the document form. It is enough to freely express your intention to return the imposed service back, referring to legal norms. It is also useful to indicate in the text of the application that the termination of the agreement with the company occurs during the cooling-off period, on the basis of the Directives of the Central Bank of the Russian Federation (3854-U).

The use of ready-made samples of such statements will facilitate the process of competently drawing up an appeal. In anticipation of the insurer's intentions to refuse the applicant's request, it is recommended to inform in a letter of your intention to file a claim in court and contact the relevant supervisory services. If the IC nevertheless makes a negative decision in response to the appeal, a motivated complaint to the Central Bank threatens much more serious problems for the IC - complete revocation of the license. Understanding the seriousness of the consequences, the insurer, as a rule, makes concessions and returns the funds previously paid.

Thanks to the introduction of a cooling-off period, every driver who has become a victim of imposition of services by an insurance company will be able to terminate an unnecessary contract under a simplified scheme.

Find out how to get money back for imposed life insurance with compulsory insurance

Insurance companies have developed a practice of refusing to issue an MTPL policy without receiving additional services. Employees offer life or apartment insurance.

Even a loudly expressed refusal to take out an additional policy does not stop representatives of insurance companies (RESO, RosGosttrakh, Rosenergo, SoGaz). The issuance of a compulsory motor liability insurance policy or its renewal is refused without specifying any reasons, except for the only one - failure to obtain additional services.

How do companies justify slipping in extras? options?

Employees explain this imposition by orders from above and company policy. Compliance with the mandatory conditions established by the state for motor liability insurance would lead to unprofitable business. Selling only car insurance is unprofitable, premiums are small, and compensation payments are regular.

Income is greater from those insurance products where cash issuance is extremely rare.

Regular inspections of insurance companies do not confirm the declared loss. It is only true that the management decided to impose additional additions in order to obtain increased profits.

According to the terms of the Law “On the Protection of Consumer Rights”, it is prohibited to impose other products in addition to car insurance.

Second paragraph of Art. 16 of this Law says that it is prohibited to claim that you can buy one product if you must purchase another. Each consumer has the right to make an independent choice of service (product or work). The costs of a forced service are recognized as losses, and this money is subject to return. They must be returned by the seller.

Is it possible to refuse extras? services?

When you don’t want to go into conflict, you can act in order within the law. Having paid for a policy that provides compensation not only for motor vehicle risk, but also for any harm caused to health or life, return to the company the next day.

Don't be upset if you can't come the next day. The legislator has established a period of 5 days for the return of money spent on an unwanted product. The policy must meet two conditions:

the validity period of the overpurchased policy is more than 30 days;
The insurance company has not received any claims for compensation under the policy.

The rules of the Russian Union of Auto Insurers oblige the company to return money to the car owner for the imposed additional service.

If it is not possible to spend additional time canceling the purchased excess insurance product, then cancel it on the spot when applying for compulsory motor liability insurance.

How to refuse?

When you take out insurance every year, it’s easy to figure out the prices for your car. If, when signing the next contract, the price turns out to be significantly higher, then ask for clarification.

Be sure to turn on the voice recorder or video recording on your phone. Such evidence is accepted by the court as evidence in proceedings to recover losses incurred for the imposed service.

Express your opposition to purchasing extra insurance loudly. The subsequent refusal to issue compulsory motor liability insurance must be recorded. You can request it in writing from the company. Such a refusal is given in response to a written statement; an oral one may not be forthcoming.

An alternative option for forced imposition of additional products may serve as a legitimate offer to issue a policy after inspecting the vehicle. According to clause 1.7 of the First Chapter of the “Regulations on the Rules of Compulsory Motor Liability Insurance of Vehicle Owners” the insurer has the right to demand such an inspection.

In such cases, it will be difficult to agree on the location of the inspection. The complexity is far-fetched, it helps to delay time and not arrange insurance immediately on the spot.

Insist on registration on the spot, record the refusal, declare your intention to contact the competent authorities with the provision of an existing recording or filming.

Art. 495 of the Civil Code of the Russian Federation determines that in order to terminate a contract in court, it is necessary to file an appeal and wait for an official refusal or not receive a response at all.

Is it possible to get a refund?

In accordance with Art. 958 of the Civil Code, in case of voluntary refusal at any time from the insurance contract, if no case has arisen and the company has not received an application for compensation, the insurer is given the right to demand an insurance premium. Its refund amount is calculated in proportion to the duration of the insurance (points 2-3).

How much will they return?

You took advantage of the cooling-off period established by the Central Bank of the Russian Federation and submitted an application to terminate the contract within 5 days. Then all unreasonably spent funds must be transferred to the account specified in the application. You must wait no more than 10 days for the money. Failure to receive them into your account may be grounds for further action.

Important! Payments are not due upon receipt of compensation for the occurrence of an insured event.

When the deadline for such a period is missed, it is necessary to study the contract for termination and payment of the premium. Whether the funds are returned and within what time frame must be stated in it.

What deductions and deductions can there be?

The rules of most companies licensed to conduct insurance activities state the following:

“The transfer of funds is carried out in proportion to the unused time with deduction of the costs of conducting business.”

The phrase “proportional to the time not used” is clear. The standard life insurance package is issued for the same period as compulsory motor liability insurance, i.e. for at least a year. The policy was canceled during the cooling-off period - they were not used virtually all the time.

Based on the first phrase, 100% must be returned.

Some companies go further and prescribe a specific amount, which is not returned after cancellation of the contract, since the costs of doing business were incurred. The withholding of any amount from the premium (from 25% to 90% of the amount) can be challenged if the company does not document the amount of costs.

Step-by-step instructions for terminating the contract and returning money

The possibility of terminating the contract and receiving money is established by law. Do not hesitate and take measures to restore violated rights.

Registration of policy cancellation

To apply for a refund of life or property insurance, do the following:

Be sure to find out the position and full name of the employee drawing up the contract for the provision of services.
Fill out an application to refuse an additional service. The law does not provide any standard forms for this case. Maintain a businesslike style of conveying information, do not use insults or rudeness in the text. You can write by hand in free form or print and fill out a form from the website of the organization that imposed the unnecessary policy.

Important! It is necessary to prepare 3 copies of the application. One at a time to the office of the insurance company, to yourself, to the regulatory body in case of a negative answer.

Attach to your application copies of records and videos filmed when signing the contract and receiving the policy. Is the additional service specified directly in the policy? Attach a copy of it and in the application indicate the point where it is stated.
Write in the last paragraph about going to court in case of non-receipt of money or non-termination of the life (property) insurance contract.

A statement written in triplicate is not enough in this case. When applying, you must have the original and a copy of the following documents with you:

passport of a citizen of the Russian Federation;
vehicle passport;
registration certificate;
driver's license;
technical inspection

Copies are attached and submitted along with the application.

When the cancellation procedure cannot be carried out by the insurer personally, the representative must have a power of attorney in hand. It must indicate the authority on behalf of the insurer to perform specific actions (termination of the contract, indicating the date and number). A notarized form of power of attorney is required.

Deadlines and costs

Follow the deadlines:

the period for consideration of a claim is 10 days;
period for transferring money – 10 days;
the period for filing complaints and appeals is 1 year;
The period for consideration of complaints and appeals is 30 days.

The claim procedure is the fulfillment of the conditions for a pre-trial dispute. In court, only costs incurred in connection with the preparation of the statement of claim and legal support of the case are reimbursed. Therefore, all expenses incurred during the period of correspondence and filing appeals cannot be claimed in court. Try to cope on your own.

What if the insurance company refuses to return the money?

Based on the first statement, prepare a complaint outlining the essence. When and where the service was imposed, who accepted the application, when the refusal was received.

Send your appeal to three regulatory authorities:

the prosecutor's office;
Rospotrebnadzor;
Russian Union of Auto Insurers.

Please attach all copies of documents previously attached to the application to your application. It is better to hand over in person, receiving marks of entry. No more than a month must pass from the date of delivery to prepare the response. This is the deadline set by the government agency.

Based on the results of the inspection, the official and the company will be fined (up to 50 thousand and 300 thousand, respectively) for an unjustified refusal to take out a policy without additional insurance. This is in accordance with Article 15.34.1 of the Code of Administrative Offences.

The official responses received will be a good evidence base in case of filing a claim for damages, fines, or moral damages.

Useful video

A case from one's life:

What is life insurance under compulsory motor liability insurance, is it necessary and how can I get my money back for this service?

For driving without an MTPL insurance policy in the Russian Federation, you are fined 800 rubles in accordance with Part 2, Art. 12.37 Code of Administrative Offenses of the Russian Federation. Car owners are not in a big hurry to buy it, hoping that traffic police officers will not stop them.

One of the reasons for this behavior is the imposition by the policyholder of services for an additional fee, for example, life insurance. Is this legal? If not, is there a way to refuse it and how to return the money for the imposed insurance to the policy?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, just call, it’s fast and free!

What kind of service is this?

There are about forty regions in Russia where, when taking out a compulsory motor liability insurance policy, life insurance is sometimes imposed without warning:

some car owners pay for it, not paying attention to paid services;
others buy it without knowing that they can refuse;
still others face an illegal refusal by the insurance company to sell a policy without them.

So it turns out that there are many insurance companies, but it is difficult to insure a car in the one that suits you or the one you want. Even large players in the market, for example, the Rosgosstrakh company in Moscow sells OSAGO policies without add-ons, and in the regions - with them.

Is life insurance a necessary service for car enthusiasts? On the one hand, yes. Having signed the contract, they are not afraid of the consequences of an accident. If they are injured or disabled, the policyholder will pay for treatment. If they die, the heirs will be paid the insurance amount. On the other hand, no, especially if this clause is imposed in the contract. The choice is up to the car owner.

If the car owner goes to court, having in hand evidence of coercion to purchase a service with a refusal to submit the application attached, the insurance company and the intrusive broker will be held administratively liable under Art. 15.34.1 Code of Administrative Offenses of the Russian Federation. The fine for an agent varies from 20 to 50 thousand, and for a legal entity - from 100 to 300 thousand rubles.

Is it necessary to have?

No, the insurance agent does not have the right to demand life insurance from the car owner under compulsory motor liability insurance. Traffic police officers do not check its presence when stopping a vehicle. The car owner does not have to purchase this service. His rights are protected by the Civil Code (Article 421), the Bank of Russia Regulations “On Compulsory Motor Liability Insurance”, and the Law “On the Protection of Consumer Rights”.

How to return money for imposed insurance to the policy?

If the car owner finds a life insurance clause in his contract upon arrival home, he has the right to refuse it and return the money paid for it, unless otherwise stated in the contract. To do this, contact the insurance company or send a letter with an application by mail to its address.

You can protect yourself from such situations by reading the contract before signing. After signing, the car owner has the right to terminate it or remove an unnecessary clause from it.

Documentation

A photocopy of the passport of a citizen of the Russian Federation.
Copy of STS and PTS.
Copy and original driver's license.
A copy of the technical inspection.

Writing an application for a refund

An application for a refund for life insurance is written in triplicate. In addition, you will need evidence that the service was imposed. Therefore, many car owners, knowing about the illegal actions of brokers, meet with them, recording with audio and video recording devices.
To ensure that the insurance company does not refuse to return the money, a couple of lines are added to the application form. They warn her about going to court and other authorities if she is refused. As a rule, the warning works: the revocation of the license, and this measure will follow if the court recognizes the illegality of its actions, is serious.

If the added lines have no effect, a refusal must be issued in writing. They are contacting the Central Bank.

When writing an application for a refund for life insurance under compulsory motor liability insurance, in the header write the name of the insurance organization, its address, and after the preposition “from” the applicant’s full name, residential address and telephone number.

After filling out the header, write the word “Application” in the middle of the line.
At the end they don’t put an end to it, but move on to presenting the essence of the matter. In the “body” of the application, they write when they bought the MTPL policy, indicate the exact date and mention that the broker imposed life insurance, and that the car owner does not see the need for it.

Further, on a new line, they write that the imposition of additional paid services interferes with the fulfillment of the obligation to obtain compulsory civil liability insurance and violates his right to freely choose services.

Deadlines and costs

The insurance company has ten business days to refuse a refund or refund the premium. In case of a refund, the car owner chooses how it is more convenient for him to receive the money - by bank transfer or in cash at the office.

When does the contract cease to be valid after its termination?

If you decide to terminate the MTPL agreement, you need to remember that it expires on the day you write an application to waive additional paid and optional services.

Refund of imposed insurance under compulsory motor liability insurance: step-by-step instructions

In order to return money for imposed life insurance under compulsory motor liability insurance, it is important to know the intricacies of providing such a service, the norms of the legislation of the Russian Federation, and also strictly follow the instructions in the article. What is the essence of the problem? In order to increase profits, insurers are increasingly selling MTPL policies with additional insurance (for example: health, life, property, and so on). As a result, the car owner overpays for options that he does not need. Below we will consider how to get rid of such a burden, and in what sequence to act.

Supplemental life insurance – what do you need to know?

Today, dozens of insurance companies have a license that allows them to issue MTPL policies to car owners, but only a small part of insurers offer clients “pure” insurance (without additional services). The rest are actively promoting additional products, including life (health) insurance for the car owner. In addition, the load may include insurance of property and passengers, as well as a number of additional services (departure of a tow truck or emergency commissioner).

Some of the options offered by insurers may be helpful. But there are also those that are imposed on a person and are unlikely to be useful during the period of validity of the insurance contract. If the client refuses the insurer, the company employees have prepared a number of justifications for such actions:

There are no MTPL forms. Insurance company employees claim that they do not have a form for issuing a “clean” compulsory motor liability insurance, which in most cases is not true.
Maintenance requirement. The insurer has the right to carry out a technical inspection of the car, which may take up to one month.
Software failure or computer problems. An employee of an insurance company assures that the program does not allow issuing only compulsory motor liability insurance due to a malfunction.
References to legal norms that do not exist in reality.

Each of the reasons considered is far-fetched, so the policyholder does not need to fall for the mentioned tricks. The main task of the insurer is to increase the amount of profit, and the rest does not interest him.

How to proceed when imposing a service?

If a car owner needs to obtain compulsory motor liability insurance, there is no need to contact the first company you come across. It is recommended to study the market, select several options and call the company to see if additional services are included in the contract. In addition, you need to do the calculations using an online calculator to determine the costs.

If additional services are still imposed, you can refuse them as follows:

We inform the insurer's employee about our reluctance to pay for other products (except for compulsory motor liability insurance).
We remind the agent that there are a number of laws that protect the vehicle owner from such situations. We are talking about the rules of compulsory motor liability insurance (section 14, paragraph 4), the law on the protection of consumer rights, the Civil Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation.
Please fill out the form for refusing to issue a “clean” policy (the document must be in writing).
We record a conversation with a company employee on digital media or film the conversation on a phone. It is worth considering that hidden filming is considered illegal, and it will not be possible to use it to protect interests.

As a rule, the policyholder's statements do not affect the company's employee. He works according to management instructions and insists on additional services. In this case, you can take a different route - take advantage of the offer, but immediately issue a refund of the imposed insurance under compulsory motor liability insurance. To do this, fill out an application.

This document is drawn up in two versions and is used as evidence of the forced purchase of the policy. In addition, you can attach information about the conversation with the agent (video or audio version). In addition to the application, you must:

Identity card (copy).
STS and PTS (copies).
Driver's license (original and copy).
Diagnostic card (copy).

It is worth mentioning that if a return is refused, the application is submitted to a judicial authority. If these actions do not produce an effect, we require a written refusal to return the money with the appropriate mark on the form. Further actions may include sending the prepared package of papers to Rospotrebnadzor, the Central Bank of the Russian Federation, the Russian Federation, a judicial authority and other authorities.

Refusal of imposed insurance - what does the legislation say?

In 2018, the policyholder has the right to refuse a service imposed and unnecessary on him. To do this, it is worth drawing up an application in advance with a request to issue a “clean” MTPL without additional options. The head of the organization must review the application. At the same time, he has no right to refuse the client’s request. The problem is that issuing a decision can take up to 1 month. Another way is to study the insurance company market and select an organization that does not abuse its capabilities.

Refusal of additional services is possible even in a situation where an agreement with the insurer has already been drawn up and the option has been paid for by the client. Thus, since the beginning of 2018, the instruction of the Central Bank of the Russian Federation has been in effect. It stipulates the conditions for the return of money spent on additional services. This means that within up to 14 days (cooling period), a person has the right to refuse additional options and demand a refund. If an insured event occurs during the specified period, the legal requirement becomes invalid.

Tricks of insurance companies

Many insurers use tricks and cheat in the process of providing services. For example, it is not an insurance contract that is drawn up, but a regular insurance company form, which will not allow you to receive payments. Another option is “random” errors in the client’s address, full name or details. In these cases, it is almost impossible to receive insurance money.

What documents will be required?

To return insurance funds, you need to collect the following documents:

Client application (issued in 2 versions).
Identity card (copy). A page with a photo and registration is required here.
PTS and OSAGO (copies).
Life insurance contract (copy).
Account details (if payment was made by bank transfer).

Sample application for refund of additional insurance under MTPL:

The list of required papers may vary (depending on the insurance company). For detailed information, please contact your insurance company to obtain a form. A copy of the document must have a registration mark.

Refund of money for imposed insurance - algorithm of actions

Let's look at step-by-step instructions on how to proceed to receive money from the insurer for an unnecessary option:

We go to the insurance company and receive a special form from them to fill out an application.
We write an application and indicate in it the numbers of the compulsory insurance policy, the type and number of the policy.
We attach the necessary documents to the application (listed above). To increase your chances, we attach video or audio communications obtained legally.
We submit the application to the insurer and require registration of the incoming paper.
We take one version of the document with us and receive a mark on our copy of the application.

To submit an application requesting a refund, no more than 2 weeks are given from the date of purchase of the policy. Otherwise, there is a high risk of a reduction in the amount of payments.

If the decision is positive, the funds are returned to the account within 10 days from the date the response is issued. The refund amount depends on a number of factors:

Entry into force of the insurance policy. If this does not happen, the insurer is obliged to pay the entire amount.
The occurrence of an insured event. If it occurs during the cooling-off period, the money will not be refunded.
Five days or more have passed. In this case, the insurer has the right to return the remaining premium, except for the period when the service was valid for the client.

Responsibility

What to do in case of refusal?

If an insurance company refuses to return money for compulsory motor third party insurance (MTPL) insurance that the client does not need, it is necessary to go to court and also file complaints with the Central Bank of the Russian Federation and the RSA. In your application, you should describe the essence of the problem, as well as attach documentation. The basic package includes the insurer's refusal (in writing), as well as a statement of refusal. It is a good idea to come to the insurance company and inform it of your desire to send such applications. Perhaps the position will change.

Appeal to a judicial authority

Recovering money through the court is a labor-intensive and lengthy process. During the proceedings, the judicial authority needs to transfer the necessary evidence, as well as explain how the policyholder was forced to sign the “extended” contract. As a result, different decisions may be made. As a rule, the court orders compensation for unnecessary insurance (up to RUB 3,000). But it is worth considering that the costs of organizing a trial are much higher.

In conclusion, we note that imposed insurance can be useful to the client of the insurance company. If the service is not needed, it is important to familiarize yourself with the current legal requirements in advance, carefully study reviews of companies (when choosing) and when going to the insurer, take 2-3 witnesses with you. If office workers are too persistent, it is forbidden to enter into an altercation with them. In addition, the policyholder can always take out insurance and immediately write a refusal.