We calculated the compulsory motor liability insurance incorrectly, what should we do?

How to return an overpayment under compulsory motor liability insurance after restoration of the KBM

After reinstatement of the CBM, it will be useful to return the overpayment on the current and previous policies.

When can you return an overpayment under compulsory motor liability insurance?

After restoring the KBM, you have the right to return the overpayment under MTPL, if with the new KBM the cost of the policy should have been less. For example, if you are the only driver and the BMR decreased, either you were the driver with the highest BMR, or the BMR decreased for all drivers after restoration.

In general, almost always after the restoration of the KBM, you can return the overpayment under OSAGO .

The maximum overpayment amount can be 80% of the policy cost! This is the case if before restoration the BMF was 2.45 (class M), and after restoration it became 0.5 (class 13).

How to return an overpayment under a current MTPL policy

to return the overpayment under the current policy after the restoration of the CBM, just go to your insurance company and write an application “For the return of an excessively overpaid insurance premium in connection with an incorrectly applied CBM.” Be sure to include your details of where to transfer the overpayment. After application, the money will arrive within two weeks.

How to return overpayment for previous MTPL policies

You can try to submit the same application to the insurance company for previous policies, but most likely, the insurance company will refuse you, citing the fact that the contract has already expired and the insurance company is not responsible.

However, it is possible to recover the overpayment, but it will be more difficult than under the current policy.

Here's what you need to do to get back overpayments for previous policies after reinstatement of the CBM.

1. You write and send a registered letter to the Central Bank (a link to the application form with instructions is below on the page).
2. The Central Bank sends a request to the insurer regarding your claim, demanding to check the information and report on what was done, and informs you about this (you receive a letter from the Central Bank).
3. You receive a letter from the insurer (you receive it from the Central Bank), which will contain all your policies (including expired ones) for which the KBM discount on compulsory motor liability insurance will be calculated and calculations will be made for each policy - you will immediately see the amount that you The insurer must return it.
4. With this letter that you receive, you go to any nearest office of your insurer, show him this letter and leave your bank account details to transfer you the discount for all the years when it should be credited to you.

Instructions for filling out a letter to the Central Bank

1. Download the application form for refund of overpayment.
2. We carefully enter our data into the template columns highlighted in bold.
3. We put a signature and date.
4. We make a copy of our current (valid) MTPL policy and attach it to this letter.
5. We make a copy of our driver's license on both sides and attach it to this letter.
6. We put everything in an envelope (signed letter, copy of the policy, copy of the driver’s license) and always send it by registered mail. We take the recipient's address (CB) from the very top of the template (upper right corner).

It is better to indicate everything, including the numbers of previous policies. If there are many of them, we list them all. You can find them on the KBM verification page by changing the verification date. But if you don't know the numbers, it's okay.

What to do if the insurance company requires you to provide originals of old MTPL policies?

The requirement to provide originals of MTPL policies that have expired are not only unfounded, but also completely illegal. Even though this nonsense is indicated in the letter you receive from the insurance company recalculating your BMR. This is designed for idiots on the principle of “What if?”

Moreover, you, as an insured, are not even obligated to keep expired compulsory motor third party liability insurance policies.

Thus, when you come to the insurance company with a letter where your current and past discounts will already be recalculated (you will receive this letter in response after you contact the Central Bank) to write an application for a refund, and if the insurance company does not accept your application for a refund overpayments, trying to refuse you under the pretext of not having the originals of these policies, there is no need to argue with them.

What needs to be done to receive money?

Write a statement in free form with approximately the following content:

I ask you to make the payment of the funds due to me, according to the letter (attach a copy of the letter from the insurer with the recalculated BMR), transferring them to my bank account using the attached details. Full name, date, signature.

What to do if there is an error in the MTPL policy, and how to correct it?

It is not uncommon for insurers to make mistakes when filling out a civil liability insurance contract form. It's all about the human factor.

And when applying for e-OSAG, no one is insured against erroneously entered data. In our article today we will look at the question of what an insurance error is and how to correct it.

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 is it and what could it be?

An insurance company employee may make a mistake in the insurance document due to inattention, fatigue, etc. As a result, a car driver who has not checked his vehicle license can get into a lot of trouble.

What incorrect data may the contract contain?:

1. Make sure that your insurance form is filled out in the same shade of ink. There may be a situation when the auto insurance card is almost full, and the insurance agent runs out of ink in his pen and it is not possible to choose the same shade of ink. In this case, the insurance agent is required to fill out a new policy.
2. Filling out insurance with pens with different inks is not allowed.
3. Your insurance must be completed in one hand. It is not allowed to fill out a civil liability agreement in several different handwritings.
4. If, when filling out the policy, an insurance company employee made a mistake and crossed it out, then the agent should properly formalize his correction.

In total, the contract must be filled out by one insurance agent, in the same shade of ink, and there should be no errors in it. However, non-critical corrections in the form are acceptable, but they must be properly completed.

The policyholder is also obliged to ensure that the insurer fills out the contract with his documents. Before signing the contract, the policyholder should carefully check the correctness of the data entered in the form.

Incorrect data also occurs in electronic policies, even though the system will not allow the contract to be processed if incorrect information is entered.

The most common mistakes when filling out electronic policies are:

• Discrepancy between the information entered by the user and the information contained in the RSA database.
• Lack of information about the policyholder in the RSA database.

Reasons for appearance

If in a paper compulsory insurance policy for car drivers, incorrect information appears due to the inattention of both insurers and policyholders, then in the case of issuing an electronic version of compulsory motor liability insurance, things are a little different.

Often a situation arises when, in the process of entering information, the system generates an error and the conclusion of an agreement becomes impossible. It happens that such problems with data entry are created deliberately in order to discourage the driver from completing this agreement via the Internet. But there are situations when the user himself made a typo by entering incorrect data.

If even one mistake is made, the system will refuse to issue the contract. In order to find out where you made a mistake when entering information, you should go to the website of the selected insurance company with a note about the problem. For example, in Rosgosstrakh, information entered by the user incorrectly is highlighted in a separate color , while for others the insurance system can be displayed in the form of a list.

After errors in the information entered by the user have been corrected, he can try to conclude an agreement again.

What to do if admitted?

Policyholders should know that RSA has developed a special methodological manual that sets out the rules governing the introduction of corrections of incorrect data in a car insurance contract.

According to clause 4.1 of this manual, the basis for making corrections to the policy form is the presence in this form of typos and errors that were made during the preparation of this document. Insurance organizations consider errors in the contract form to be the discrepancy between the information contained in the documents and the information included in the policy form.

In addition, an incorrectly calculated insurance premium, which was paid by the policyholder for the execution of this contract, is considered an error. What should a car insurer do if typos or inaccurate data were found in his contract form?

The methodological manual contains paragraph 4.2, which contains an algorithm according to which insurers can make amendments to the contract concluded with an insurance company client.

According to this paragraph, the insurer must cross out the data entered incorrectly into the OSAGO form and write down the correct data either next to it or on top. Next, in the “Special Notes” field, the insurance agent must enter the entry “Corrected Believe” , after which the date of the changes is entered, the employee’s personal signature and the organization’s seal are affixed.

Corrections are made to the policy in which errors were made and in the “Special notes” field of the new policy form, which is issued to the policyholder. Purely theoretically, unreliable data cannot be found in insurance policies issued online, since the system will not allow such a policy to be issued. But in practice, there are still electronic contracts with erroneous data.

In this case, the policyholder should contact the office of his insurance company. The client at the insurance company office will have to write a corresponding application for making corrections to the electronic policy.

It happens that the electronic document contains only a minor error, for example, a letter is missing in the client’s last name. In this case, you should go to the IC website and go to the “Make changes” tab. In the window that opens, you must enter the correct information. After the system has verified your data, you will receive a new policy form by email. The client does not need to pay extra for this service . You can find more information on how to make changes to your MTPL policy in the office or online in this article.

How to fix?

In order to make corrections to the auto liability policy form, the client should contact his insurance company. The client will have to write an application to the insurance company to amend the policy form.

The application must indicate typographical errors and incorrect information that were made while filling out the contract form. Next, the insurance company will be obliged to accept this application from the client and make appropriate amendments to his contract form.

Considering that corrections in the auto liability policy are not permissible, then first the insurance company employee must make the appropriate corrections to the policy form with erroneous data, and then fill out a new insurance policy and issue it to the client. The old policy with amendments remains in the insurance company . You can find more information about the rules for replacing an MTPL policy in this material.

If errors were made in the electronic policy, then after accepting the corresponding application from the client, an employee of the insurance organization must make corrections to the electronic document of compulsory insurance, after which a new electronic form is sent to the policyholder’s email.

In addition, within 5 working days, insurance company employees are required to make corrections to their database , information from which, after the expiration of the insurance contract, is sent to the RSA.

Deadlines and costs

Corrections to the form must be made by the insurer on the day the client contacts the insurance company. The insurer has no right to demand any additional payment for making corrections to the form of both the electronic version of the compulsory motor liability insurance policy and the paper form of the policy.

The policyholder must understand that a typo in the liability insurance policy can lead to unpleasant consequences . That is why you should always carefully check the information that was included in your document when drawing up an agreement with an insurance company.

If an error in your contract was discovered after it began to be valid, then you should not delay and contact your insurance company in a timely manner, especially since you will not have to pay to correct the data in your insurance.

Bonus-malus coefficient: what to do if it is incorrectly determined

Due to changes in the MTPL system, the bonus-malus coefficient is often applied incorrectly, and therefore you need to be able to correct it

What to do if the bonus-malus coefficient is incorrectly determined

The “bonus-malus” coefficient (BMR) is a coefficient used to calculate the cost of an MTPL policy, which takes into account insurance payments under previous policies and depends on the quality of driving the vehicle. This coefficient was introduced back in 2003, however, due to changes in the MTPL registration system, cases of its incorrect application have recently become more frequent. Let's figure out how to correct the BMR for your specific case and ensure its correct application when calculating the cost of the policy.

Basic principles of using KBM

The definition and application of the MSC has changed several times since its introduction in 2003, and these changes have now led to some confusion about its meaning in a number of cases. Thus, in 2013, an information system was launched on the basis of the Russian Union of Motor Insurers (AIS OSAGO), within the framework of which the CBM began to be determined. During the process of transferring data to this system, many drivers lost data on their discounts due to technical problems and incorrect data entered by insurers.

For example, many drivers lost information about their policy class. According to the rules of OSAGO, there are 15 classes, namely M, 0 and 1-13 (see table). Because of this, the coefficients that determine the cost of the policy were reset to zero, and drivers lost their discounts.

It should be noted that initially, when concluding a policy, the driver is assigned class 3, which corresponds to a single KBM. Subsequently, depending on the number of insurance events in which the insured car was a participant, this coefficient changes up or down. If a driver reaches class 13, then the cost of his policy is halved, and if, due to poor driving, he drops to class M, then the cost of the policy increases by 2.45 times. With perfect driving, you can reach class 13 in 10 years.

The process of applying the CBM occurs when you issue a policy for the next year, and you can contact any insurance company. The coefficient will not apply only if the policy is concluded for a period of less than a year, and also if the object of insurance is a foreign car.

Why information about KBM may be incorrect

When transferring information to the AIS OSAGO system, a separate profile was created for each driver, which was determined by his full name, date of birth and passport data (for drivers of legal entities - driver’s license data). If any data was entered into the AIS OSAGO incorrectly or incompletely, then the driver’s KBM is not determined.

The reasons for this situation may be:

• human factor (the insurer incorrectly entered the driver’s data into the system or did not transmit information about the driver at all);
• changes in documents (may be present for both the driver and the owner of the car);
• failure in the AIS OSAGO system;
• use of an illegal policy by the driver;
• the driver has several contracts with different KBM, etc.

You can check the real value of the KBM in your case by using the formula from the Bank of Russia directive No. 3384-U dated September 19, 2014 (Appendix 4). If the calculated data does not coincide with the coefficient published on the RSA website, you need to request the insurer to apply the correct coefficient. If the insurance company does not cooperate on this issue, it is better to try to change it and achieve your goal in another company. If the issue is successfully resolved, you must also insist on transferring the updated coefficient to the AIS OSAGO.

It is also important to contact the insurer even if the KBM in the information system is indicated correctly, but other data from the policy is described incorrectly. If the AIS RSA system contains correct data about the KBM, but the insurer does not agree to issue a policy in accordance with them, it makes sense to write a complaint against it. To do this, you need to obtain a certificate from the previous insurer about the presence or absence of payments under the previous MTPL agreement and contact the new insurer with it.

Filing a complaint: how to get an accurate result

You can also complain about the MTPL insurer to one of two governing bodies: the Bank of Russia or the RSA. Policy users note that complaints to the Bank of Russia are implemented more effectively, since this body has the right to apply various sanctions to insurance companies and therefore can influence them more effectively.

In the case of the Bank of Russia, a complaint can be submitted directly to the online reception organization, where you can find a special form for such requests. In this complaint, it is necessary to indicate the name of the insurer, the essence of the problem that has arisen and the MTPL policy number (in the case of KBM, it is better to also indicate the numbers of previous policies). If possible, it is better to also attach to the complaint copies of the specified policies, a copy of the claim to the insurer and its response to such a claim.

During the consideration of such a complaint, the Bank of Russia will check the correctness of the information submitted and, if the comments made are correct, will apply the necessary measures to the insurer. The policyholder who contacts the Bank of Russia will receive an official response from the organization, which must be submitted to the insurer. As a result, the insurance company must enter the corrected coefficient into the AIS OSAGO and return the overpaid premium to the policyholder.

The situation may become more complicated if an incorrect CBM was applied several years ago, and the insurer’s license was revoked during this time. In this case, due to the lack of documents confirming the correctness of the policyholder, it will be difficult for the Bank of Russia or RSA to understand the situation, since the AIS OSAGO includes only information about contracts since 2011. But even if such a situation exists, it is still worth filing a complaint, since it may well be resolved in favor of the policyholder.

The most important thing in communicating with the insurer is to insist that you are right and submit all supporting documents on time. This is important because for technical reasons it is quite possible that errors may occur in information databases, and inaction by the policyholder will simply lead to unnecessary costs.

If you incorrectly calculated the cost of your MTPL policy

Cases when insurers make a mistake when issuing a compulsory motor liability insurance policy are not uncommon. In such a situation, the car owner needs to contact the insurance company with a request to take into account a discount for accident-free driving, the so-called “bonus-malus” coefficient (BMC). This is one of the correction factors for calculating the cost of a compulsory motor liability insurance policy, which takes into account the number of insured events of the driver for which he was the culprit. For accident-free driving, discounts are provided when taking out a policy:

5 percent for each year, up to a maximum of 50 percent, and for those responsible for road accidents, on the contrary, an increasing coefficient is introduced: from 1.4 to 2.45.

Let me emphasize that when calculating the bonus-malus coefficient, insurers are required to use the value specified in the automated system of compulsory civil liability insurance for vehicle owners, which is maintained by the Russian Union of Auto Insurers (RUA). If the insurance company cannot resolve the problem with calculating the bonus-malus ratio, send a complaint to the Central Bank of the Russian Federation. It can be submitted in writing by sending it to the Tula Region Branch of the Central Federal District of the Bank of Russia at the address: Tula, st. Sovetskaya, 88, or in electronic form through the “Internet reception” section on the Bank of Russia website www.cbr.ru.

If it turns out that the bonus-malus coefficient was indeed calculated incorrectly, the Bank of Russia obliges the insurance company to make appropriate corrections to the system. In this case, it is recommended to send a complaint to the RSA, which interacts with insurance companies to correct incorrectly calculated KBM coefficients.

If you find that insurance companies did not take into account the discount for accident-free driving, then the overpaid money can be returned. At the same time, the Bank of Russia and its territorial bodies, acting in accordance with the competence established by Art. 30 of the Law of the Russian Federation dated November 27, 1992 No. 4015-1 “On the organization of insurance business in the Russian Federation”, does not have the right to oblige the insurance company to pay the overpaid part of the insurance premium under an MTPL agreement concluded more than one year ago and which had expired by the time of your application .

What to do if the wrong KBM is indicated in the RSA database?

Valery Kropachev / May 27, 2019

Procedure for restoring KBM in the RSA database

Calculate the cost of compulsory motor liability insurance taking into account your KBM

How to restore KBM OSAGO in RSA?

The bonus-malus coefficient is a well-deserved reward for experienced drivers who do not cause an accident. KBM at its maximum reduces the price of a car insurance policy by half. This makes it unpleasant when the bonus malus accumulated over many years of accident-free driving suddenly changes, becoming larger or even dropping to the standard value of 1, which is usually used when calculating compulsory motor insurance for inexperienced drivers. In this article we will look at how to return the BMC to the correct value. But first, let's look at the reasons why your coefficient may have been calculated incorrectly:

• If you changed your driver's license during the last year of driving, then the insurance company may have forgotten to indicate the number of the new license in the AIS RSA database. In this case, the discount returns to the 3rd class (coefficient = 1). This may be the reason why your KBM was changed.
• If you have been included in several auto insurance policies in the last year, then confusion may also have arisen. For example, in your first policy you had a KBM of 0.5 and you were the only driver included there. And in the second policy there were several drivers included in the insurance, and their bonus-malus class was lower than yours. Since the general KBM is issued on the policy for the driver with the lowest class, the insurance company could calculate the wrong KBM for you. Therefore, before you start restoring your CBM, check how many policies you were included in.
• The reason for the restoration of the KBM can also be a human factor, when the insurance company employees simply made a mistake when entering data into the AIS RSA system.
• Finally, the insurance company could have been liquidated and therefore the data on your last OSAGO policy was not entered into the electronic PCA system.

Now let’s look at the driver’s actions, how to correct the KBM in the AIS RSA database. Firstly, it must be said that this database unites all insurers under compulsory motor liability insurance and entering information there at the end of each year of compulsory insurance is a mandatory condition. At the same time, only insurance companies, and not the RSA itself, can enter information there and restore the KBM. The Union of Automobile Insurers here assumes rather the role of an intermediary between the driver and the insurance company.

If you find that your KBM is incorrectly listed in the database, then the best and correct solution is to apply for the restoration of your KBM. The form for such an application is posted on the RSA website. To restore KBM in Moscow, Yekaterinburg, St. Petersburg or anywhere else, just fill out this application, explain the situation and send it by email to the Russian Union of Auto Insurers. The application must also be accompanied by scanned copies of identity documents: passport and driver’s license. To restore the bonus-malus ratio, it is also advisable to attach scanned MTPL policies for previous years. They will be a confirmation of the error that occurred in the AIS SAR.

An application for restoration of the KBM is considered within 30 days, after which the RSA must respond to your application. In addition, it is possible to submit an application for restoration of the KBM to the insurance company.

If appealing to the RSA does not help, then you can try to restore the KBM OSAGO through the court. In this case, you need to collect all the documents that can only confirm your bonus-malus: certificates from insurance companies, copies of compulsory motor liability insurance policies, copies of driver’s licenses of drivers included in your policies, etc. It will also be useful for many to know that when purchasing compulsory motor liability insurance, the cost can be reduced not only through CBM, but also through other methods. Read more on the page “How to buy cheap MTPL”?

How to restore KBM if the insurance company is liquidated?

Even if your insurance company is liquidated, restoring KBM is quite possible. To do this, you must attach to your application to the RSA a copy of the policy in this company and copies of policies for previous years. If you transferred to a bankrupt insurance company from another insurer, you can also contact them and get a certificate of break-even driving for the years that were insured with them. It may help to return the KBM and a certificate from the traffic police about the absence of violations.

Calculate the cost of compulsory motor liability insurance taking into account your KBM