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Termination of an MTPL policy at the initiative of the policyholder

Encyclopedia of solutions. Early termination of the MTPL contract at the initiative of the insurer

Early termination of the MTPL contract at the initiative of the insurer

The grounds for early termination of the MTPL contract at the initiative of the insurer are provided for in clause 1.15 of the Rules for compulsory civil liability insurance of vehicle owners, approved by Bank of Russia Regulation No. 431-P dated 09.19.2014 (hereinafter referred to as the MTPL Rules).

1. Identification of false or incomplete information provided by the policyholder at the conclusion of the contract, which is essential for determining the degree of insurance risk (paragraph two of clause 1.15 of the OSAGO Rules).

When applying this rule, it should be taken into account that clause 3 of Art. 944 of the Civil Code of the Russian Federation, as a general rule, establishes a different consequence for the insured, when concluding a contract, to provide knowingly false information about circumstances that are significant for determining the degree of insurance risk. This consequence is the right of the insurer to demand that the insurance contract be declared invalid.

Judicial practice proceeds from the fact that, under the above circumstances, the insurer has the right to demand that the MTPL agreement be declared invalid on the basis of Art. 178 or 179 of the Civil Code of the Russian Federation (clause 46 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated January 29, 2015 N 2 “On the application by courts of the legislation on compulsory insurance of civil liability of vehicle owners”).

2. Other cases provided for by law (paragraph three of clause 1.15 of the OSAGO Rules).

Currently, the legislation does not provide for such cases.

The unilateral refusal of the insurer from the insurance contract should be distinguished from the refusal of insurance payment for a separate insured event (see, for example, paragraph 2 of Article 961 of the Civil Code of the Russian Federation, paragraph 20 of Article 12 of the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners"). Refusal of insurance payment does not entail termination of the insurance contract as a whole.

In the cases provided for in clause 1.15 of the MTPL Rules, the date of termination of the MTPL agreement is considered to be the date the policyholder receives a written notification from the insurer (paragraph five of clause 1.16 of the MTPL Rules). If an MTPL agreement is declared invalid, it is generally considered invalid from the moment of its conclusion (clauses 1 and 3 of Article 167 of the Civil Code of the Russian Federation).

Termination of MTPL policy

Refund for policy

We return money for the unused period of validity of the MTPL policy if termination occurs for one of these reasons:

  • changing the owner of the vehicle;
  • death of the policyholder or owner;
  • destruction (loss) of the insured vehicle.
  • revocation of the insurer's license in the manner established by the legislation of the Russian Federation;
  • liquidation of the insurer.

In what cases is the money for the policy not returned?

Refunds for the unused period of validity of the MTPL policy are not made:

  • upon liquidation of a legal entity - the policyholder;
  • when identifying false or incomplete information provided by the policyholder when concluding a compulsory motor liability insurance policy, which is essential for determining the degree of insurance risk;
  • in other cases provided for by the legislation of the Russian Federation.

How does a refund work?

The refund amount is calculated in proportion to the number of days remaining until the end of the insurance period. We withhold 23% of the amount to be refunded based on clause 1.16. Rules of OSAGO and the structure of insurance tariffs approved by the Bank of Russia (Instruction of the Bank of Russia dated September 19, 2014 No. 3384-U).

In case of a refund of part of the insurance premium, the refund period is 14 calendar days. The deadline begins on the day following the date of submission of the complete set of documents.

Termination procedure

  • You must submit an application [download form] to the customer service office, which accepts applications for termination (specified in the notes to the offices)
  • When contacting the office, you must have a set of documents required to terminate your MTPL policy.

Our offices

Documents for terminating the policy

When contacting our office with an application for termination of the MTPL policy, you will need the following documents:

  • Passport or other document identifying the policyholder or his representative by proxy;
  • A notarized power of attorney from the representative of the policyholder, with the right to terminate insurance contracts and receive funds due upon termination of the insurance contract. If a representative of a legal entity applies, then you must have a power of attorney to terminate the insurance contract from the organization, certified by the signature of the authorized person and the seal of the organization;
  • Original MTPL policy;
  • Receipt for payment of the policy (if preserved);
  • To return money to a bank account, full bank details are required: personal account, BIC, INN, correspondent account, full name of the bank, branch (if provided).

If termination of the policy involves a refund, then additional documents must be provided confirming the basis for such termination.

When selling, you will need one of the following documents:

  • a copy of the vehicle registration certificate indicating the new owner;
  • a copy of the vehicle passport indicating the new owner of the vehicle;
  • a copy of the transfer documents indicating the disposal of the vehicle from the company, certified by the signatures of the manager and chief accountant, certified by the seal of the organization;
  • purchase and sale agreement, exchange, gift or any other civil law agreement certifying the transfer of ownership to another person, with an act of transfer of the vehicle to the new owner.

In case of death, one of the following documents will be required:

  • Agreement on the complete destruction of the vehicle and transfer of ownership rights and the Certificate of acceptance of the transfer of the vehicle (if there was an application under the CASCO agreement)
  • A certified copy of the liquidation act signed by the head of the organization, to which is attached the conclusion of a technical expert (expert organization) on the impossibility of restoring the object;
  • A certified copy of the conclusion of an expert technician (expert organization) on the complete loss of the vehicle (on the impossibility of restoring the vehicle);
  • A certified copy of the vehicle disposal report drawn up by an organization classified by the Ministry of Industry and Trade as a vehicle recycling center;
  • A certified copy of the resolution to suspend the criminal case of theft or theft;
  • A certified copy of the fire report issued by the competent authority in the field of fire safety (Ministry of Emergency Situations, State Fire Department, State Fire Service);
  • A certified copy of the procedural decision (decree, determination) of a law enforcement agency or court establishing the loss of the vehicle.

In case of car theft/theft

  • A certified copy of the resolution to suspend the criminal case of theft or theft;

How to terminate a compulsory motor liability insurance contract on your own initiative and return the money?

There are many life situations when the policyholder no longer needs an MTPL policy for his car, and the contract has not yet expired. What to do in this case and is it always possible to contact the company and get back part of the insurance premium paid?

When does a driver have the right to terminate a contract with a company early and return money for unused insurance?

In this matter, the MTPL rules (clauses 33, 33.1) take a clear position. You can return money for the unexpired insurance period under the MTPL policy in three cases.

  1. If the owner of the vehicle has changed (the car was sold, but not under a general power of attorney).
  2. If the machine cannot be restored after an accident or is scrapped for any reason.
  3. In the event of the death of the policyholder or owner.

Purely theoretically, according to clause 33, the company is obliged to return part of the insurance premium in the event of its liquidation (bankruptcy), but it is obvious that in practice such a situation is completely unrealistic.

If the above conditions are met, the insurance premium is returned in proportion to the days unused under the compulsory motor liability insurance policy minus 23%, starting from the day following the date of early termination of the compulsory motor liability insurance policy.

Deadlines for contacting an insurance company

It is important to know that if the car is sold, the money will be returned not from the moment the purchase and sale agreement is concluded, but from the moment the policyholder writes a termination application. And if the vehicle was sold in May, and the policyholder only found time two months later to contact the insurance company, it will no longer be possible to return the money for these overdue months. Thus, the sooner the car owner comes to the office after selling the car, the greater the amount he will be credited for return.

But as for the death of a vehicle or the death of a citizen (owner/policyholder), the date of early termination of the contract will automatically be considered the date of the incident. In these cases, there is no need to rush to the insurer.

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What documents are required to terminate the contract?

  1. Original MTPL insurance policy and payment receipt (if preserved). They will need to be returned to the company.
  2. A photocopy of the passport of the policyholder (his representative under a notarized power of attorney or heir).
  3. A photocopy of the purchase and sale agreement or certificate of invoice.
  4. Recycling certificate, if the car was scrapped.
  5. A photocopy of the death certificate (if the event took place). In this case, you will also need to provide a copy of the inheritance certificate, or a notarized certificate of imminent inheritance. And in this case, it is necessary to understand that, according to current legislation, inheritance does not occur immediately, but after 6 months from the date of death. That is, the heir will not be able to receive money from the insurance company earlier. The situation is even more complicated when there are several heirs. Then the payment will be divided proportionally among all heirs.

Some companies may also ask you to provide:

  • A copy of the title with a note about the new owner (we will talk about this controversial issue below).
  • A copy of the passbook with bank details (in the event that it is not customary for the insurance company to pay in cash).

It’s best to call the numbers listed in the MTPL policy in advance and find out exactly the list of required documents. Do not forget to make a copy of the surrendered policy, as well as the termination statement, so that in case of delay in money you have documents confirming the intention of the insurance company to pay the money.

Who gets money when MTPL insurance is terminated?

According to the rules of OSAGO (clause 34), part of the unused premium is returned:

  • the owner of the car;
  • to the policyholder, if he is also the owner of the vehicle;
  • the policyholder, if he has a notarized power of attorney from the owner confirming his right to receive money from organizations;
  • heirs of the deceased policyholder.

If a car owner sells a vehicle under a “general power of attorney”, legally remaining its owner, it is not at all necessary to be indignant at the fact that they do not want to terminate the contract; it is enough to simply enter the new “owner” into the insurance policy, charging him a certain compensation for inclusion in the insurance.

When to expect money and what to do if it doesn’t arrive on time?

In the event that immediate payment in cash from the cash desk is not provided, the company is obliged to transfer them to the policyholder’s bank account within 14 calendar days from the date of writing the application for early termination of the contract. As a rule, the transferred money arrives on the card or book even earlier.

But if after two weeks the money has not been transferred, it means something went wrong. Do not delay asking questions to the insurance company: contact the office, perhaps the employees themselves will find out at what stage the trace of the payment was lost, try to find out in the accounting department of the insurance company the number of the payment order to the bank.

If this does not help or you are faced with complete indifference to your problem, go to the management of the local branch of the company and threaten legal proceedings. When such activity does not lead to anything, most likely they are not going to pay you, and it’s time to go to the RSA, FSSN and the court. This is where previously made copies of the policy and application come in handy. Although, it is fair to say that in large insurance companies the termination process is quite streamlined and does not cause any particular complaints from clients.

Controversial issues and frequently asked questions

When I want, then I’ll terminate it!

Many car owners are outraged that they cannot terminate the MTPL agreement at any time of their own free will. Indeed, there can be many reasons: reluctance to be served by a given insurer, departure for a long time, illness, car breakdown, refusal to drive, etc. Referring to the rules and the law on compulsory motor liability insurance, insurance companies are absolutely not ready to terminate the contract for reasons not provided for by law. But clause 33.1 of the rules reads as follows:

The policyholder has the right to terminate the compulsory insurance contract early in the following cases:

  • revocation of the insurer's license in the manner established by the legislation of the Russian Federation;
  • changing the owner of the vehicle;
  • other cases provided for by the legislation of the Russian Federation.”

Therefore, the most stubborn policyholders, guided by the fact that “their own desire” is the notorious “other cases”, go to trial and manage to prove that they are right. But such precedents happen extremely rarely and do not reflect reality.

On what basis did they retain 23%?

This is another issue on which disputes, due to the imperfections of our legislation, have not stopped since compulsory car insurance was introduced. From the point of view of the insurance company, by withholding 23% upon return, it is acting legally. There is a structure of the MTPL insurance tariff approved by the Government of the Russian Federation, which is as follows:

  1. 77% – net rate (this part of the amount paid by the policyholder goes towards payments);
  2. 20% – company expenses for conducting business (policy maintenance, forms, equipment, employee salaries, etc.);
  3. 3% is transferred to the RSA to form reserves for compensation payments (2% – reserve for current compensation payments + 1% – reserve for guarantees).

Thus, 23% are the costs that the insurance company will incur in any case: the client will remain with the company for the entire insurance period or terminate the contract ahead of schedule. The logic of auto insurers is, in principle, clear. Moreover, the vast majority of MTPL clients do not even think of being indignant about this.

But some savvy and principled motorists very actively object to what they consider to be illegal deductions - they write dissatisfied reviews about the work of insurance companies, make claims and go to court. After all, in the Civil Code of the Russian Federation and the rules of OSAGO there is not a single hint of 23%, but only dry information:

  • The insurer has the right to a portion of the insurance premium in proportion to the time during which the insurance was in force (Civil Code of the Russian Federation, Art. 958);
  • The insurer returns to the policyholder part of the insurance premium for the unexpired term of the compulsory insurance contract (MTPL rules, clause 34).

The policyholders' objections are absolutely legitimate. That is why car owners who go to court often return the 23% withheld by the company. There are every chance and many precedents for this. There are situations when the case does not even come to court. It is enough to send registered letters to the RSA and FSSN and a pre-trial claim to the insurance company to get your money back.

Why do you need a copy of the PTS when terminating OSAGO?

Some insurance companies require, when terminating the MTPL insurance contract, to provide a copy of the vehicle title with a note about the new owner. Let us immediately make a reservation that this requirement is not legal. For the insurer, a certificate-invoice or a purchase and sale agreement should be sufficient. And insurance companies know this, but they deliberately mislead clients. For what? A smart policyholder who wants to break off relations with the insurance company for a reason that does not fall under the rules (they are listed above) can do the following: draw up a handwritten purchase and sale agreement, on the basis of which the insurance company will be obliged to terminate the contract and return the money for the insurance. Whether the car is actually sold or not is a personal matter for each car owner. So the company wants to hedge its bets and demands PTS in order to stop attempts at “illegal” termination.

Will money be returned for the unused period if there were payments?

If the insurance company tries to underestimate or not return money at all upon termination of the contract, citing the fact that there were payments under it, this is unlawful. When terminating a compulsory motor liability insurance policy, unprofitability is not taken into account; part of the premium for the unused period must be returned according to the usual scheme - proportionally (minus 23%, if the policyholder has no claims on this topic).

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Let's sum it up

Termination of an MTPL agreement does not always go smoothly. Not all aspects are clearly defined in Russian civil and insurance legislation, and not everything is interpreted unambiguously. If the offended policyholder has a desire to prove that he is right and the legislation allows this, get your way. There are more and more cases where the judicial system takes the side of policyholders in the above-mentioned controversial issues. Another thing is that the vast majority of car owners do not try to delve into the issues of termination and are not interested in calculating the return. And if there is little time left before the expiration of the compulsory motor liability insurance policy, some are simply too lazy to go to the office “because of the pennies.”

The nuances of early termination of the MTPL contract at the initiative of the policyholder, when selling a car and in other cases

Every motorist may find himself in a position requiring early termination of a contract of compulsory civil liability insurance for vehicle owners (MTPL). Perhaps this is a necessary measure when a person no longer has an insured item at his disposal, or the result of poor quality service from an insurance company. The process of closing an insurance transaction, its subtleties and in what cases this is possible are discussed in this article.

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

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Is it possible to do this?

Termination of the contract means the completion of the accepted agreement and the circumstances arising from it, the execution date of which has not yet arrived. Based on paragraph 1 of Article 450 of the Civil Code of the Russian Federation, according to the accepted rule, the agreement of the parties is the basic principle for the completion of contractual obligations, unless otherwise provided by law. Otherwise, the cancellation of the contract is carried out through the court.

Cancellation of an insurance transaction is possible at any working time, both at the request of the insurance company and the client, on the grounds provided by law.

At the same time, the Civil Code (clause 2 of Article 958) gives each policyholder the right to refuse the contract without explaining the motive for this action. But then you will have to sacrifice the money paid for the policy.

Grounds for cancellation of compulsory motor liability insurance

The main factors for potential cancellation of policy protection are described in the MTPL Rules . These include:

    death of the owner of the transport unit;

complete destruction of transport, the impossibility of its restoration and repair (you can read more about repairs under compulsory motor liability insurance in this article);

expiration of the insurance company's license;

change of vehicle ownership.

Other circumstances not specified by law, such as a personal desire to change insurance company, may also serve as a reason.

Policy closure rules

The main document that regulates the process of closing a policy is Bank of Russia Regulation No. 434-P dated September 19, 2014.

In order to cancel the contract, you need to contact the insurer’s office with a package of required documents.

Only the owner of the vehicle , the policyholder who owns the car, or the policyholder who has a power of attorney to accept funds from the owner of the vehicle, as well as their heirs, can cancel the MTPL policy. We talked in more detail about who the policyholder and the owner are here.

The list of documents required to cancel the MTPL agreement depends on the reason for it. So, upon the death of the owner of the vehicle, the heir must bring the original policy to the insurance company, a receipt for payment of its cost, a death certificate of the insured and a document confirming entry into the inheritance. The agreement will terminate immediately.

If the vehicle is completely destroyed as a result of an accident, force majeure, or due to participation in the state car recycling program, the insurer will require the policy itself, a receipt for its payment and a vehicle disposal certificate.

When an insurance company loses its license or its license expires, it is very difficult for motorists to get their money back.

If all the necessary papers are provided, the policyholder writes a statement indicating:

    name of the insurance company;

full name of the policyholder;

MTPL policy details;

reason for canceling the contract;

option to accept the due money from the insurer;

list of attached papers.

The day the application is accepted is also the day the insurance contract is terminated. The day following it begins the non-insurance period, which lasts until the end of the policy period.

After canceling the contract, the company must provide the citizen with Information on OSAGO , which provides information about the owner and his vehicle, data on insured events that have occurred, insurance payments made and directions issued for repairs.
This certificate is issued free of charge within five days after application. This is followed by the transfer of funds for non-insurance months in due time.

How is the contract terminated?

Procedures for canceling a transaction under compulsory motor liability insurance vary depending on the circumstances.

When selling a car

A transport unit can be transferred under a purchase or sale transaction, exchange or gift to another person; here the MTPL policy does not protect the new owner, and the former owner can apply to terminate his protection.

The policyholder can cancel the MTPL agreement in connection with this case only after the purchase and sale transaction itself has been completed. Then the required documents are immediately collected:

    passport or other identity document;

original agreement with the company;

receipt for payment of the cost of the policy;

transport transfer agreement;

in some cases, a vehicle passport with information about the new owner included;

sometimes - the current account number for transferring money if the company does not return the money in cash.

Then the citizen’s application will be immediately accepted, and this date will be the starting point for calculating the financial resources to be returned to the former owner.

Early at the initiative of the policyholder

In life, situations arise when a car owner decides not to drive a car yet or leaves for a long time, and the vehicle remains unclaimed, or the insurance company performs its duties improperly.

Then the client decides to close the MTPL policy.

Insurance companies do not aim to lose their clients, so it is very difficult to terminate a contract for reasons not included in the main list of its termination, and at the same time receive money for unused months.

In this case, the MTPL rules provide for the insurer's right not to return money for the unused period , therefore, if possible, it is more profitable for the policyholder to leave the current MTPL policy and at the end of the insured period receive a good characteristic, which makes it possible to obtain the next policy at a lower price.

Cancellation of additional insurance

In practice, there are cases when a citizen inattentively reads the MTPL contract, and it may indicate consent to additional insurance, for example, for the risk of harm to life, which increases the price of insurance by at least a thousand rubles.

Or a company employee persistently imposes a comprehensive insurance contract, and the client succumbs to influence.

If, nevertheless, it was drawn up, then it can be abandoned even after the conclusion of an agreement on compulsory motor liability insurance. In this case, the entire contract is canceled and a new one is drawn up, which does not include additional insurance.

To do this, it is necessary to draw up a competent application for refusal of such a compulsory motor liability insurance policy. It must state:

    to whom and from whom the application is drawn up;

the essence of the transaction in which the policy buyer was not informed about additional services or they were presented as mandatory;

on laws that protect citizens from purchasing goods and services that they do not need at the moment (Law “On the Protection of Consumer Rights”, paragraph 2 of Article 16);

about the desire to terminate the agreement and return the amount paid for the policy;

list of attached documents;

date of preparation of this application.

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A signature is placed and this written request, together with the attached papers, is given to an employee of the company, who cancels the agreement after reading them, as is customary, on the same working day.

If the company refuses to cancel the transaction, you should report this to its central office. If this does not help, then notify the Russian Insurance Association or file a lawsuit.

Read more about what to do if additional insurance is imposed on you here.

If the required papers and certificates are provided when submitting the application, and they do not raise any questions, then the insurance organization will cancel the policy immediately. The only question is the amount and timing of the return of funds due to the policyholder.

Due payment

The insured client is obliged to receive payments remaining until the end of the insurance period.

Moreover, this period is counted from the moment the application from the motorist is received by the company where the policy was purchased. The time of actual cancellation of the contract does not play a role here.

The amount payable is determined as the unspent insurance premium minus 23%.

These percentages go towards reimbursement of expenses for terminating the insurance business (20%) and mandatory deductions to the RSA (3%).

In case of cash payment, the citizen receives the money on the same day. With non-cash payment, the waiting period for the debt increases to 14 days.

If during the insurance period the company made payments for insured events, this will not in any way affect the remaining value of the policy after its early closure.

Failure to receive the required money gives reason to contact the head office of the insurance company with documents and a copy of the submitted application to clarify the circumstances. If the campaign does not produce positive results, then contacting the Union of Russian Insurers, an organization that regulates the activities of insurance companies, will help.

But there are cases when payment of the remaining money is not provided:

    the policy is closed at the request of the client for a reason not included in the main list of reasons for termination of the contract;

the insurer ceased to exist;

The insurer discovered false information about the client and his vehicle.

Thus, being clearly aware of their rights and knowing the process of stopping the MTPL agreement, the policy buyer can cancel the contract with the least time and financial losses, and in case of problems with the organization, defend their case in higher organizations.

General questions (conclusion, amendment, termination of the MTPL agreement)

Article 17 of the Law on Compulsory Motor Liability Insurance establishes compensation for disabled people who paid an insurance premium under a compulsory motor liability insurance agreement in the amount of 50% of the insurance premium. Compensation is carried out by government authorities after payment of the insurance premium. In addition, state authorities of the constituent entities of the Russian Federation and local governments have the right to establish other categories of citizens who receive partial or full compensation for the paid insurance premium.

Also, citizens have the right to enter into an MTPL agreement taking into account the limited use of the vehicle (for example, for the purpose of using the vehicle only in the summer), which entails a significant reduction in the amount of the insurance premium.

In accordance with Article 445 of the Civil Code of the Russian Federation, an insurance company has the right to consider an application for concluding an MTPL agreement within 30 days from the date of its receipt.

In this case, the policyholder has the right to conclude a compulsory motor liability insurance agreement in electronic form. The process of drawing up this agreement is structured in such a way that the MTPL policy is sent to the policyholder immediately after payment.

In accordance with clause 1.7. MTPL Rules When concluding a MTPL contract, the insurer has the right to inspect the vehicle. The place for inspection of the vehicle is established by agreement of the parties. If no agreement is reached regarding the place of inspection of the vehicle or in the case of concluding an electronic MTPL agreement, the insurer will not conduct an inspection of the vehicle.

To make changes to the MTPL agreement, the policyholder must submit a corresponding application to the office of the insurance company with which the MTPL agreement was concluded.

The insurer, in turn, makes changes to the MTPL insurance policy, as well as to the automated compulsory insurance information system (AIS MTPL) no later than five working days from the date of changes to the insurance policy.

In this case, changes to the insurance policy are recorded by making an appropriate entry in the “Special Notes” section indicating the date and time of making the changes and certifying the changes with the signature of the insurer’s representative and the insurer’s seal or by issuing a reissued (new) MTPL insurance policy within two working days from the date return by the policyholder of a previously issued insurance policy. Also, a re-issuance note is made on the new policy indicating the date and number of the re-issued (old) policy.

According to clause 1.14 of the MTPL Rules, changing the owner of a vehicle is one of the cases when the policyholder has the right to terminate the MTPL agreement early.

Based on clause 1.16 of the MTPL Rules, the insurer returns to the policyholder part of the insurance premium in the amount of its share intended for insurance compensation and falling on the unexpired term of the compulsory insurance contract or the unexpired period of seasonal use of the vehicle (period of use of the vehicle).

The date of early termination of the MTPL agreement is the date the insurer receives a written application from the policyholder for early termination of such an agreement and documentary evidence of the fact that served as the basis for the early termination of the agreement.

In accordance with Art. 8 and paragraph 4 of Art. 10 of the Law on OSAGO, the share of the insurance premium directly intended for making insurance and compensation payments cannot be less than 80% of the insurance premium. In case of early termination of the MTPL agreement in cases provided for by the MTPL Rules, the insurer returns to the policyholder part of the insurance premium in the amount of the share of the insurance premium intended for making insurance payments and falling on the unexpired term of the MTPL agreement.

Moreover, in accordance with the Directive of the Bank of Russia on tariffs for compulsory motor liability insurance:

1) 77% of the insurance premium goes to the formation by the insurer of insurance reserves intended directly for making current insurance payments;

2) 3% of the insurance premium goes to the formation of RSA funds for making compensation payments;

3) 20% of the insurance premium under a compulsory insurance contract goes to cover the costs of the insurance organization associated with the conclusion and maintenance of MTPL contracts.

Thus, 23% of the insurance premium is not included in the calculation for the return of the insurance premium upon early termination of the MTPL agreement.

Revocation (suspension) of an insurance company’s license is not grounds for “automatic” termination of the MTPL agreement.

In this case, you need to contact the insurer with whom you have a compulsory motor liability insurance agreement. It must be borne in mind that in accordance with paragraph 4 of Article 32.8. The Law of the Russian Federation “On the organization of insurance business in the Russian Federation” from the date of entry into force of the decision to revoke the license, the insurance company has no right to enter into MTPL contracts, as well as make changes that entail an increase in the obligations of such an insurance company in the relevant contracts. An increase in liabilities refers to any changes that entail an additional payment of the insurance premium, as well as the addition of new drivers.

To terminate the MTPL agreement, you must contact the insurer with whom you have entered into an agreement. In accordance with clause 1.16 of the MTPL Rules, in this case, the insurer returns to the policyholder part of the insurance premium in the amount of its share intended for insurance compensation and falling on the unexpired term of the compulsory insurance contract or the unexpired term of the seasonal use of the vehicle (the period of use of the vehicle).

The date of early termination of the MTPL agreement is the date the insurer receives a written application from the policyholder for early termination of such an agreement and documentary evidence of the fact that served as the basis for the early termination of the agreement.

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