Return OSAGO after the sale of the car. Reimbursement of the amount of insurance for OSAGO after the sale of the car. There are two ways to get your money back

Forced and early dissolution agreement with a car insurer is practiced everywhere in the territory Russian Federation.

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The only question that can arise for some drivers is how it is right to terminate the agreement concluded with the company, on what grounds and under what circumstances this is done, and also in what amounts the insurance premiums that the insured has already paid under the contract are returned.

Studying this issue can be important for many, especially when selling a car in order to buy a new model, and this will require money anyway.

How to make an application

Every car owner should know that in the event of selling their car and striving to return their money that has already been paid for OSAGO insurance, it is necessary to submit an application to the company personally.

Firstly, in this case it is possible to ask the insurance agent all questions related to the specifics of the early termination of the contract.
Secondly, when submitting an application, you can personally verify its registration with an incoming document.

At the same time, it is desirable for the applicant to have on hand a copy of his application with the incoming number and date of the insurance company affixed to it.

The application should indicate the name of the insurer to which such an application is directed. Then the full name is written. the policyholder and indicates the number and date of the contract to be terminated.

on termination of the insurance contract due to the sale of the car and, as a result, the change of ownership;
on the return of two types of amounts - redemption, upon purchase insurance policy, which the driver did not have time to use to the end, as well as the amount of insurance premiums already paid by the driver;
on a request to transfer refundable funds using the details indicated in the application by the applicant.

At the bottom of the application, information about the acceptance of this application by an employee of the insurance company who is authorized to conduct document management in the company must be affixed.

That is why it is so important to obtain a copy of such a document in his visa and incoming registration numbers from an employee of the insurance company. After all, this will serve as confirmation of when exactly you submitted such an application.

Additional documents must be attached to the application, which could confirm the validity of the initiative to terminate the contract on the part of the client.

What documents are required

One application per this case few. Required in without fail documentary evidence to prove the reason why the client is going to terminate the contract with the company ahead of schedule.

In the process of terminating the contract on the part of the client-insured, OSAGO rules require the following package of documents to be submitted to the insurer:

the original and a copy of a civil passport proving the identity of a Russian citizen;
OSAGO policy, which must be returned to the insurer after the termination of the agreement (it is better for yourself to make a copy of the policy in case of further litigation with the insurance company);
receipts that could confirm those contributions made in the past by the insured (if, of course, he kept them, which is an important point);
reference-account, if the car is only in the process of sale;
contract of sale (its copy) of the car;
some insurers would like to receive from the client a copy of the passport for the car, only with a note about the changed owner, for conducting and considering the case;
if the company does not have such a regulation on how to issue money in cash to customers, then you may need either a copy of the savings book or the details of the client’s bank current account, where the insurer must transfer the amounts for the return of insurance premiums.

It is best to copy receipts for payment of insurance premiums to the account of the insurance company.

Because if the insurer refuses the request, terminate the contract with the implementation of the due payments, then in such a situation you will have to go to court.

And the court also needs to provide evidence of the amounts that have already been paid under the insurance policy. That's why receipts can still come in handy.

You can attach copies to the application sent to the insurer, and keep the original receipts for yourself. The insurance policy, which is returned to the insurer, must be disposed of by him in a certain order. You can't reuse it - it's against the law.

Calculation of the CMTPL refund amount when selling a car

The sums of money will be returned only if there is a good reason, which is included in the list of such grounds specified in paragraphs 33 or 33.1 of the OSAGO Rules.

If the reasons are different, then the contract is terminated - terminated, but payments will not be made. Not all the money that was paid to the insurer is returned, but only those that fall on the days counted from the day the application was submitted until the end of the insurance agreement.

In fact, they will pay for the period when it is impossible to use insurance for a good reason - the sale of a car.

The amount to be returned to the insurer is calculated using the following formula:

Consider an example:

In the event of a liquidation process that has begun in an insurance company, for example, when a license is taken away from it, its own calculations of payments provided for by the Motor Insurance Regulation Rules are provided.

In this situation, customers are not entitled to a 100% payment of unused insurance, but a refund proportional to the days when the OSAGO policy has not been used since the termination of the insurance agreement.

At the same time, 23% is also deducted from the part of the amount that was revealed when calculating the days of non-use of the policy.

Thus, a part of the amount due to be paid to the client in connection with the liquidation of the insurance company is found.

It should be noted that when the insurance contract terminates, the insurance policy itself automatically ceases to be valid. Also, the government of the Russian Federation has established a certain structure regarding OSAGO tariffs.

It consists of the following parts in percentage terms:

the net rate is 70% - it is part of the money deposited by the insured to the company's account, at the expense of which payments are subsequently made upon the occurrence of an insured event;
case management this client within the company itself, it is estimated at 20% - this includes servicing the insured, preparing the appropriate forms, work related to maintaining the insurance policy, using special various equipment, wage employees of the company and other points;
for customer compensation reserves, the PCA receives 3% from each company – 2% of which is a current reserve and 1% is a guaranteed reserve.

That is why exactly 23% is deducted from the refundable amounts, and not more or less. In other words, this is a percentage that indicates the costs that the company will incur for servicing the client in any case.

Return periods

When the contract is terminated regarding the compulsory auto insurance policy, then the payments under OSAGO, first of all, should be expected by the owner of the car. Such a standard is prescribed in paragraph 34 of the OSAGO Rules.

This suggests that if the owner has already changed, then it is likely that part of the return money will be paid to him, and not to the former owner.

Therefore, in this case, you need to be very careful in the algorithm or chronology of actions when selling a car.

Best of all, as legal experts and specialists advise, after signing the contract of sale, first resolve the issue with the insurer, and then re-register the car for a new owner.

However, according to the new rules for registering a car with the traffic police, after the sale of the car, only 10 days are allotted for re-registration (based on clause 2).

And if you mess around with resolving the issues of returning the amount paid for the policy, then you can simply not have time to re-register the car.

That is why today many former owners cars simply enter the new owner of the car in the OSAGO policy, having previously taken a receipt from him that he will have to pay part of the compensation for the insurance policy.

In general, such issues can be resolved by including in the cost of the car that part of the amount that accounted for the payment of the insurance policy.

According to the legislation, for those insurance companies that have their own cash desks and practice the issuance of cash in cash, a refund is provided. sums of money same day after the application is submitted.

If the insurer works with bank accounts, does not issue cash according to its internal Charter, then the legislation allocates 14 days for these operations.

Money is received after transfer to the account bank card or directly to a current bank account, the details of which the policyholder must provide to the company.

In the event that, after two weeks, the money has not been credited to the account, the client of the insurer has full right file a complaint in writing with the management of the company.

If this did not affect the receipt of money in the account, then you can already start trial or file a complaint with the RSA or the FSIS, state institutions which may even revoke the license insurance company.

Is it possible to refuse

Before submitting an application to your insurer to terminate the insurance agreement, it must be taken into account that the OSAGO Rules in paragraphs 33 and 33.1 provide for only some cases in which the driver can do this without detriment to himself.

The circumstances under which the driver is granted the right to terminate the contract with the insurer on his own initiative in order to get back the invested funds are determined by the Rules as follows:

Selling, donating, exchanging a car without a general power of attorney and with the inevitable subsequent change of the owner of the car vehicle.
Disposal of the car for any reason, including its complete destruction after being involved in a road accident.
The onset of death of the owner of the car, the insured, the holder of the OSAGO policy.

Only in these cases, insurance companies are required to return the money that has already been paid by the client for insurance.

This suggests that in other situations, when the contract is terminated at the initiative of the insured, the money may not be returned to him.

Therefore, the circumstances that led to the early termination of contractual relations with the company are the first argument when a client may be denied a refund of OSAGO.

But only in the case when such circumstances do not fit the norms established in the Rules.

In fairness, it must be said that in the event of a liquidation situation in the activities of the insurance company itself, when it is threatened with closure or its activities have already ceased, part of the amount should be returned to customers.

This is spelled out in clause 33, paragraph “c” of the Rules for Conducting Insurance Activities for Insurance of Motorists. Therefore, in case of termination of contractual relations in the event of liquidation of the insurer, a certain part of the insurance to the client should, in theory, be returned.

Although in this regard, practice shows frequent cases of aggravation of the situation and litigation. But according to the law, all the same, insurance companies do not have the right to refuse payments to their customers in this case.

A very significant point is related to the timing of the appeal to the insurance company after you have sold your car.

If about 2 months have passed since the sale of the car, the insurance company may refuse to pay insurance.

Paragraph 4. Literally, this rule says that in the event of an early termination of the agreement between the insurer and the insurance company, the latter must return part of the premium in the amount of the share that has not been used for the remaining period.

However, keep in mind that a refund will not be available to you in every case.

In fact, there is a list of individual situations that involve receiving a refund. If the driver wants to terminate the OSAGO agreement without good reasons, for example, not carrying out a car purchase and sale transaction, then the money from the policy will not be returned to him.

Instructions: how to recapture money

It is necessary to form an appropriate package of documents in advance.
Then you need to come to the office of the insurance company.
An application is drawn up on the spot, which implies the termination of the contract between the parties. This application is filled out under the strict guidance of an employee of the insurance company, using a sample.
The employee accepts a package of documents from you along with the application.
The documents are checked for authenticity, after which the employee tells you about the possibility or impossibility of terminating the contract.
After a positive result, it is necessary to turn to the calculations.
The employee will announce the amount that will be available for a refund.
You can receive the amount on the same day by contacting the cash desk of the insurance organization, or after some time by transferring it to your bank account.

Who is the beneficiary of the termination?

The money for terminating the OSAGO policy is received by the direct owner insurance document even if he is not the owner of the car.

But persons who are admitted to management in accordance with the OSAGO policy, but who are not the drafters of the contract, are not entitled to receive money as compensation after the termination of the act.

Drawing up an application

Required documents

Special attention should be paid to the formation of a package of documents. It should include:

your passport, as well as a copy;
original and copy of the policy;
a statement that involves the termination of OSAGO;
copy of TIN;
bank details on paper;
a copy of the TCP;
insurance premium receipts.

In addition, additional papers may be needed, for example, a certificate of entry into inheritance rights, a certificate of deregistration of the vehicle, and so on.

If possible, all documents should have two copies of copies, and also be provided in original form.

Cost calculation

The driver can try to independently calculate the amount of money that can be returned to him. For this calculation, you must use a special formula.

b = (BC - 23%) * (N / 12).

b is the amount to be returned;
VS is complete actual cost OSAGO;
N is the number of months left until the expiration of the insurance document.

23% includes the following values. 3% is the cost of insurance, which is deducted to the Russian Union of Motor Insurers. 20% is intended to pay for all expenses that the insurance company has incurred while working with you.

However, many citizens do not agree with the accrual of 23%, so they go to court. If a citizen can prove that the insurance company did not spend any money on relations with him, then the court will make a positive decision for the plaintiff.

Timing

The question of a refund is very individual and depends entirely on your insurance company. So, some former owners can boast that the funds will be credited to their account after a few hours, while others wait weeks. In fact, in accordance with the general regulations, the funds for the unused part of the OSAGO insurance policy must be credited to the bank details within 14 days, that is, two calendar weeks from the moment the insurance company accepted the application.

If, for any reason, the insurer violates the deadlines established by law, or refuses to transfer funds at all, the citizen has every right to file a lawsuit against the insurer.

Useful video

The video below tells you in what situations you can return money for an OSAGO policy, including when selling a car, and also how to do it correctly.

Conclusion

Insurance companies go to meet their customers and return the money if the vehicle has been alienated. But often it is not without difficulties, because any insurer company will be reluctant to part with in cash. It is important to know your rights, as well as verbatim the procedure that you will have to go through. Stand your ground, prove your case, and then you will receive funds in the very near future, and leave positive impressions for yourself about working with this insurance organization.

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There are many situations in life when the policyholder no longer needs an OSAGO 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 paid insurance premium?

When does the driver have the right to terminate the contract with the company ahead of schedule and return the money for unused insurance?

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

If the owner of the vehicle has changed (the car was sold, but not under a general power of attorney).
If the machine is not recoverable after an accident or is scrapped for any reason.
In the event of the death of the insured 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 OSAGO policy, minus 23%, starting from the day following the date of early termination of the OSAGO policy.

Terms of contacting the insurance company

It is important to know that in the event of a car sale, the money will not be returned from the moment the contract of sale is concluded, but from the moment the policyholder writes an application for termination. And if the vehicle was sold in May, and the insured found time only two months later to apply to the UK, 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 the sale of the car, the a large amount he will be given a refund.

But as for the death of the vehicle or the death of a citizen (owner / insured), 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.

What documents are required to terminate the contract?

Original OSAGO insurance policy and payment receipt (if available). They will need to be returned to the company.
A photocopy of the passport of the insured (his representative under a notarized power of attorney or heir).
A photocopy of the contract of sale or reference-invoice.
The act of disposal, if the car was scrapped.
A photocopy of the death certificate (if the event took place). In this case, you will also need to provide a copy of the certificate of entry into the inheritance, or a notarized certificate of imminent entry into the inheritance. And in this case, it is necessary to understand that, under the current legislation, the entry into the 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. Even more difficult is the situation when there are several heirs. Then the payment will be divided among all heirs proportionally.

Some companies may also ask you to provide:

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

And it’s best to call in advance by the numbers indicated in the OSAGO policy, and find out exactly the list required documents. Do not forget to make a copy of the surrendered policy, as well as the application for termination, so that in case of a delay in money, you have documents confirming the intention of the UK to pay the money.

Who receives money when terminating OSAGO insurance?

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

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

If the car owner sells the vehicle under a "general power of attorney", while legally remaining its owner, it is not at all necessary to be indignant that they do not want to terminate the contract, it is enough just to enter the new "owner" in the insurance policy, taking from him a certain compensation for making insurance.

When to expect money and what to do if they did not 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 settlement account of the insured within 14 calendar days from the date of writing the application for early termination of the contract. As a rule, the transferred money goes to the card or book even earlier.

But if after two weeks the money was not transferred, it means that something went wrong. Do not delay with questions to the insurance company: contact the office, perhaps the employees themselves will find out at what stage the payment trace was lost, try to find out the number in the accounting department of the insurance company 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, 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 apply to the PCA, FSIS and to the court. This is where previously made copies of the policy and application come in handy. Although, it will be fair to say that in large insurance companies the termination process is quite well-established and does not cause any particular complaints from customers.

Controversial moments and frequently asked questions

When I want, then I terminate!

Many car owners are outraged that they cannot terminate the OSAGO agreement at any time of their own free will. Indeed, there can be many reasons: unwillingness to be served by this insurer, departure for a long time, illness, car breakdown, refusal to drive, etc. Referring to the rules and the law on OSAGO, insurance companies are resolutely not ready to terminate the contract for reasons not enshrined in law. But paragraph 33.1 of the rules reads as follows:

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

revocation of the license of the insurer in order, established by law Russian Federation;
change of the owner of the vehicle;
other cases stipulated 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 they manage to prove their case. But such precedents are extremely rare and do not reflect reality.

On the basis of what did they keep 23%?

This is another issue on which, due to the imperfection of our legislation, disputes have not stopped since the introduction of compulsory auto insurance. From the point of view of the insurance company, withholding 23% on the return, it is acting legally. There is a structure approved by the Government of the Russian Federation insurance rate OSAGO, which is as follows:

77% - net rate (this part of the amount paid by the insured goes to payments);
20% - the company's expenses for doing business (policy support, forms, equipment, salaries to employees, etc.);
3% is deducted in the RSA for the formation of reserves compensation payments(2% - reserve of current compensation payments + 1% - reserve of guarantees).

Thus, 23% are the costs that the insurance company will incur in any case: the client will remain in the company for the entire period of insurance or terminate the contract ahead of schedule. The logic of auto insurers is, in principle, understandable. Moreover, the vast majority of OSAGO customers do not think to be indignant about this.

But some savvy and principled motorists are very actively opposed to illegal, from their point of view, deductions - write dissatisfied

Mandatory cash costs in the form of OSAGO are imposed on each car owner. This is insurance that all drivers should have, and its absence threatens with an administrative penalty - a fine.

Few people thought about what kind of phenomenon it is in its essence. And this is a contract between the owner of the car and the insurance company. The legislation of the Russian Federation provides the right to terminate any signed agreement at will or need at any time. Insurance is no exception.

A logical, fair and legitimate consequence of this right is the return of the money spent (part of it). To do this, you need to properly terminate the insurance contract. Such an opportunity (necessity) arises if:

the car is sold;
the owner of the car has died;
the insurance company has lost its license;
the car received damage "incompatible with life" (not repairable);
other cases of partial uselessness of the insurance policy.

Surprisingly, most car owners do not resort to this right and in vain. The procedure is simple and does not require a large package of documents.

How to return OSAGO when selling a car

Having decided to sell the car, the car owner can terminate the contract and get back the money spent on insurance (part of it) for the unused period that the policy establishes. This requires a minimum of documents:

OSAGO insurance policy (original);
payment receipts;
passport of a citizen of the Russian Federation;
a photocopy of the new registration certificate for the car;
a copy of the contract on the basis of which the sale was made;
bank account details or payment card(sometimes required).

Having prepared all this, you need to come to the insurance company and write a statement demanding to end the relationship and return the money, or rather, part of it. An example of such an appeal can be found on the Internet. Many insurers provide their own forms, which are filled out on the spot.

The unused OSAGO period is determined there. Based on this, the amount of the refund is calculated. It is worth considering that the date of termination is the date of contacting the insurer, namely the date of writing the application. Selling a car is a private, but not the only case when you can resort to this procedure.

Early termination of OSAGO

The desire to impose auto insurance does not exclude the right of the car owner to terminate the insurance contract. AT Civil Code RF provides for a corresponding article.

To the previously mentioned list of reasons for terminating the relationship by agreement, you can add the desire of the owner of the car. Leaving the country, unwillingness to drive a car in the winter, a long-term illness that does not allow driving, and any other reason is a sufficient condition for resorting to such a step.

The Vehicle Recycling Program is another reason to apply for a policy cancellation. The list of required documents will be shortened. In such cases, there will be no sale and purchase agreement.

Do not delay with the appearance at the office of the insurance company. Every day in this case is money that could be returned. The termination of the contract is accompanied by the issuance and signing of the corresponding supplementary agreement. It must indicate the exact date of termination. She, in turn, must coincide with the date of submission of the application to the insurer.

In what cases can I return part of the money for OSAGO

Let us consider in more detail the most common situations when you can return part of the money spent.

The owner's life was cut short. In this case, the policy automatically loses its legal effect. That is, the agreement is considered terminated.
Liquidation of the insurance company. There are two participants in the transaction, which means that the "death" of any of them terminates all relationships between them.
The owner of the car has changed. New owner - new policy. The former immediately loses its power.
Death of the insured. He is one of the participants in the transaction, which means the agreement is null and void when he passes away.
Revocation of a license. The impossibility to carry out the type of activity is a sufficient condition for the termination of the insurance agreement.

In addition to the return of money in the above cases, there is also a legal right to use the mechanism for reducing the cost of auto insurance for a second period. This mechanism is a discount. If for previous period there was no accident or other insurance situations, the subsequent policy with the same insurer should be cheaper.

If the discount was “forgotten”, you can recalculate and return the overpaid money, and this is from 5 to 50%, depending on the period of driving without incident. See the video below for possible insurer tricks.