How to refuse imposed additional insurance when applying for compulsory motor liability insurance

Is it possible to purchase MTPL without additional insurance?

Yes. And here two options are possible for you:

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

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

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

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

So, let's talk about everything in order!

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.

The insurance company cannot refuse to sell the policy!

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

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

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

Further - worse

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

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

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

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

Application for a refund for imposed insurance

The law allows you to terminate the contract of imposed insurance to the MTPL policy only after an official request from the driver. Therefore, you will need to fill out an application. It is usually issued on the insurer's letterhead. The document can be obtained by contacting the organization. However, the legislation does not have a clearly defined form of paper. This makes it possible to write an application as the person sees fit. However, it is better to focus on a ready-made sample. This will help avoid mistakes and reduce the risk of refusal to provide a refund.

for a refund for imposed insurance in WORD format.

To submit documents, a citizen must visit the office of the insurance organization or send the papers by registered mail with notification. A number of regional branches do not accept postal items. It is better to clarify this feature in advance. In this case, the letter is sent to the main office.

The insurance company has no right to impose “extras”

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

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

In what case will the money not be returned?

Knowing how to get your insurance money back is not enough. After all, the legislation of the Russian Federation provides for a number of cases in which a citizen will be refused a given request. Most often this happens in the following situations:

• Entering incorrect information about yourself or your vehicle when filling out the IC form;
• The desire to terminate the contract with the company without any valid reasons;
• The owner of the movable property did not have time to submit an application for the return of unused premiums for the allotted period;
• Refusal to present additional documents to insurance office employees.

Any other circumstance does not give the company the right to ignore compensation for unspent money under compulsory motor liability insurance.

Is it possible to refuse additional insurance and how?

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

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

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

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

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

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

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

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

Return instructions

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

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Legal advice

Before or after signing the contract, so that you can refuse life insurance if you have auto insurance, lawyers advise you to remember the following:

1. To return the insurance premium in full, you must write an application for termination of the contract even before it begins, that is, on the day of registration.
2. The conditions for granting a car loan may change for the worse after refusing life insurance both before and after signing the contract.
3. In order to protect yourself in court in the event of filing an application for refusal of life and health insurance for borrowers, many insurance and credit organizations stipulate the conditions for the return of funds by the client directly in the contract.

Situations involving the imposition of insurance during loan processing have occurred and will occur again.
To avoid this and not become another victim of the “fine” print in the contract, you need to carefully read it and follow the advice given in this article.

If the borrower gets in the way of a very persistent manager who is trying with all his might to sell him a policy, then lawyers will help him refuse life insurance for a car loan in this situation.
How to return life insurance after taking out a car loan? Read ►►

How insurers refuse to sell OSAGO

On the eve of the increase in prices, insurers did not want to sell policies at the previous rates and in every possible way prevented consumers from concluding compulsory auto insurance contracts. In addition to customer complaints about long queues at points of sale and reduced working hours in companies, other reasons were added. As before, motorists complained about attempts to “foist” additional services (for example, insurance for an apartment, house, cottage, accident, life, etc.) when purchasing compulsory motor liability insurance. Insurers inform those policyholders who do not agree to additional services that the forms have run out or justify the refusal with some kind of management order. Also, insurers often refuse to sell compulsory motor liability insurance , since allegedly there were technical failures in the AIS RSA database (a unified database on compulsory motor liability insurance), and this is often not true.