Returning insurance to RESO-Garantiya, how to return insurance and issue a refusal

Terms of refusal

In 2021, the Central Bank of the Russian Federation set a period during which any client, regardless of the reason, can cancel the policy and withdraw the money. From 2021, the cooling-off period has been extended to 14 days.

According to Art. 958 of the Civil Code of the Russian Federation, an insurance company may increase the period by specifying information in additional agreements, individual conditions or Insurance Rules.

According to the standard conditions of RESO Guarantee, the insurance company will return the money only in one case - if the claim is filed within two weeks from the date of conclusion of the contract.

Amount of insurance payments

Depending on the type of insured event, the amount of damage compensation varies. The amount from which the insurance company bases its calculations is indicated in each specific contract. For example, RESO insurance payments in the event of death, permanent loss of ability to work or disability of group I are made in the amount of the full insured amount. If a disability of group II or up to two years is established, the minor is paid only 75% of the amount specified in the contract. Disabled children for a period of 1 year or adult citizens of the III disability group receive compensation in the amount of 50% of the specified amount. Sometimes the contract specifies a different payment ratio or a fixed amount.

In case of temporary disability or hospitalization, the amount of payments is determined based on an amount equal to the product of the daily payment for one day of temporary disability by the number of days. The rules provide for payments of no less than 0.1% and no more than 1% per day, for a period of no more than 100 days. If the period of temporary disability is longer, the insurer has the right to refuse payment that exceeds the insured amount specified in the contract by more than 20%.

In case of illness, RESO-Garantiya pays 100% of the insured amount or a fixed amount for the specified type of risk. In case of surgical intervention or physical damage, the amount of insurance payments is determined by tables in the rules and tariffs of insurance services.

RESO-Garantiya is an insurance company that differs from many others in the simplicity of drawing up a contract, as well as a transparent system for paying compensation for material losses. Depending on the insured event, the amount of payments and the list of necessary documents for filing an application are determined. You can receive compensation within 30 days from the date of filing your application.

What insurances can be canceled

The cooling-off period is valid only for voluntary types of insurance:

• life;
• from injury and disability;
• real estate;
• liability for harm and damage to third parties;
• from job loss due to dismissal at the initiative of the employer;
• transport;
• VHI.

If you apply for cancellation within two weeks and before the policy begins, the company must return the money in full. Otherwise, the insurer will recalculate and withhold the cost for the actual number of days the contract is valid.

If insurance is taken out to obtain a loan

If, when applying for a consumer loan or credit card, the borrower agreed to insure life, health or liability to the bank in case of loss of work, you can cancel the insurance under general conditions - within two weeks from the date of issue of the policy .

The cooling-off period also applies to insurance programs, when instead of an individual certificate, the borrower receives an agreement to join a collective agreement.

In this case, the claim is submitted to the bank and not the insurance company. It will not be possible to collect the full cost of the insurance - the credit institution will retain a fee for connecting to the insurance program.

In order to receive a large part of the paid insurance premiums, you will have to hurry up with submitting the application - if the cooling-off period is violated, RESO-Garantiya will refuse payment on legal grounds.

According to standard conditions , it is impossible to return money for insurance if the loan is repaid early. If a refusal is received, insurance premiums can only be recovered from RESO-Garantiya through the court.

Selling a car by proxy

Unlike compulsory civil liability insurance, you can terminate the CASCO contract and withdraw the unspent part of the insurance premium without giving any reason. Only if the rules for compulsory motor liability insurance are the same for all insurance companies, then the procedure and conditions for terminating a CASCO agreement in different companies have their own characteristics.

It is noteworthy that when selling a car before the expiration of the CASCO insurance policy, you have two options: return the money for the remaining period and terminate the contract, or reissue the existing policy to the new owner.

Early termination of the MTPL agreement may be required after the sale of the car. You can also terminate compulsory motor liability insurance and return the money (minus 23%, more on this below) for the unused period in the event of the death of the owner or when disposing of the car (clause 33 of the law on compulsory motor liability insurance).

If you simply wanted to terminate the compulsory motor liability insurance of your own free will (decided to change the insurance or you will not travel for a while), then you must keep in mind that such a right is not clearly stated in the law on compulsory motor liability insurance; in clause 33.1 c) there is only a vague wording “other cases provided for by the legislation of the Russian Federation."

osagoonline.info

Based on the rules of Decree of the Government of the Russian Federation No. 263, adopted on May 7, 2003 (taking into account subsequent amendments), I inform you that in case of early termination of the contract for the reasons specified in this Decree, the insurer is obliged to return to the policyholder the funds for the unused period of validity of the MTPL policy.

Based on the above, I ask you to terminate the MTPL contract (indicate the number and validity period) from the moment of filing the application and return to me a proportional part of the insurance premium for the unused period of the contract. The reason for termination is the sale of the car. Please transfer the funds to my bank account using the specified details (enter the bank details below).

Will I get my money back for insurance when I sell my car? If I still have insurance after selling the car, can I get some of the money back? This question is relevant today, because insurance is an expensive service. Part of the policy price may be refunded under the following conditions:

• the car was destroyed;
• the person who entered into the contract died;
• the car was sold;
• some other situations under the law.

So, after selling your car, do not delay, but immediately contact the specialists of Reso, Rosgosstrakh, Ingosstrakh or another company with which you have an agreement. Submit your application using the required form and attach copies of documents supporting your case.

Of course, you will not be able to return all the money for car insurance when you sell it, but part of the money for the policy will be returned if you decide to terminate the agreement. However, it is important to provide accurate information, because otherwise the company may refuse to refund your money for your car policy. For example, when selling a car, in order for them to agree to return your money for compulsory motor liability insurance, you must bring copies of the transaction with the new owner.

The rules establish that you can count on a certain amount in three main cases: the vehicle cannot be restored, the policyholder has died, the owner has changed ahead of schedule. In all these cases, you will be able to receive part of the remaining money along with the agreement to terminate the contract.

Is it possible to get money for car loan insurance?

When buying a car on credit, the bank may offer three types of insurance:

• life and health;
• OSAGO;
• CASCO.

The two-week cancellation rule only applies to individual insurance policies. Upon receipt of the claim, the company will recalculate the cost of insurance and return the balance to the borrower.

You can cancel your MTPL or CASCO policy early in one case - if the owner has changed. To receive insurance premiums after selling a car, prepare the following documents for the insurer:

• application (in two copies);
• original and copy of the OSAGO, CASCO policy;
• the policyholder's passport and copies of two pages;
• original and copy of the car purchase and sale agreement;
• documents confirming payment of insurance premiums (receipts, checks, bank statements).

If the documents are submitted by a representative, you will additionally need a power of attorney certified by a notary.

Deadlines for contacting an insurance company

It is believed that it is profitable to make a return if there is still about six months left of the insurance period.
To understand whether it is worth terminating the contract, you can independently calculate the refund amount. This will also allow you to protect yourself from dishonest specialists. The law states that only the insurance premium used to cover insurance payments is returned in proportion to the remaining period of insurance coverage. In the case of compulsory motor liability insurance it is 77%.

You can calculate the amount of the refund of the insurance premium for compulsory motor liability insurance using the following formula: insurance premium * 0.77 * (365 - past insurance period in days) / 365.

Sometimes there is a sale of a vehicle under a general power of attorney. Since there was no legal change of ownership, no new entry was made in the PTS, there is also no reason to return the MTPL insurance when selling a car in this way. The policyholder can simply terminate the contract without compensation.

The only thing I can recommend is to sell insurance along with the vehicle. Enter the new owner as a driver or, conversely, indicate driving without restrictions. Changes can be made at any office of the insurer or through its agent. But the new owner will no longer be able to terminate the MTPL agreement, even with a general power of attorney.

Let's say you paid 3,000 rubles. We subtract from them the company’s unconditional expenses – 23%.

2310 rubles are used by the organization for insurance compensation. It is used as a basis for calculations.

Insurance period 1 year = 365 days. Every day, compensation for insured events is 6 rubles 32 kopecks.

You used the policy for 120 days, from 01.01 to 01.05. Therefore, there are 245 days left until the end of the term.

We multiply the number of unused days by the amount of the daily amount allocated for insurance compensation.

Result: to a car owner who paid 3,000 rubles for a policy and used insurance for 120 days out of 365, the insurance company must return 1,548 rubles 40 kopecks.

It is quite simple to write this statement, using our example below as a basis. The application itself must be drawn up in two copies, one of which you will keep for yourself. But before this you need to put the incoming number of the insurance company and the date of receipt.

The insurer has 14 days to complete calculations, reports and return requests. If during this period the money is not transferred to the client, the policyholder has the right to claim a penalty in the amount of 1% of the due amount for the day of deferment.

The insurance company has no right to refuse to return part of the premium, citing payments made under compulsory motor liability insurance. The regulations do not say that the occurrence of an insured event under a motor vehicle policy cancels the right to return part of the premium in the event of early termination of the MTPL contract initiated by the policyholder.

Insurers are always reluctant to return premiums received. And, alas, among not the most reliable companies there is a practice of artificially lowering the size of these amounts.

To prevent you from becoming a victim of such manipulations, CA "GALAXYinsurance" offers to use a convenient form for calculating the amount due for refund upon termination of compulsory motor liability insurance. The check will take you no more than 10 seconds. At the same time, you can find out whether it is worth spending money on gasoline in order to take the application to the nearest branch of your insurance partner for the money that will eventually be returned.

After submitting an application for recalculation, the insurer must issue a refund of the insurance money upon sale of the car within 14 days. The application usually indicates the bank account number to which the funds will be received.

If after the required 2 weeks the money has not been received, you can write a claim to the management of the insurance company or a complaint to the district prosecutor's office. The insurer may lose its license for violating the procedure for paying funds upon termination of the contract.

To find out more information, ask questions in the comments to the article.

After all the accompanying and necessary documentation has been submitted to the insurance company, its representative calculates the return of the remaining amount of money. Usually the company's calculations are correct, as they are made automatically using a special formula.

X=((Z-23%)/365)*Y, where

• X is the amount that must be returned;
• Z is the cost of the policy per year;
• Y is the number of days remaining.

By multiplying the data obtained by the number of remaining days of the insurance policy, you will get the amount of payments due.

After the recalculation has been carried out and the cost of the remaining days of the policy has become known, the insurance company is obliged to pay the money. By law, she is entitled to no more than fourteen days for this procedure, but in most cases everything happens much faster.

Depending on the insurance company serving the policyholder, money can be received either immediately at the cash desk or using the recipient’s bank details. Payments by bank transfer may take several days.

In any case, the period for repaying the debt to the policy owner should not exceed 14 days.

Such offenses on the part of the company threaten it with deprivation of its license to carry out insurance activities.

The owner of the car has the right to independently determine exactly how it will be convenient for him to terminate the contract. Also, the amount of money will be transferred in the method of his choice.

To complete the refund process, you should first consider the following questions:

• what are the reasons;
• when they refuse;
• algorithm of actions;
• drawing up an application;
• required documents;
• calculation procedure;
• return features.

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.

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

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.

The owner of the car writes an application for termination of the MTPL contract to the insurance company, the content of which is a request to terminate the contract in connection with its sale.

• a copy of the agreement drawn up during the purchase and sale transaction;
• a copy of the car’s technical passport, where you need to enter the personal data of the new owner;
• passport proving his identity;
• insurance policy received upon conclusion of the contract;
• payment order issued to him by the bank.

Payment of compensation is carried out for the remaining period during which the contract should have been valid.

Finally, the policyholder must justify the reasons why he wishes to terminate the contract. They must be significant, have significance, otherwise he may lose a significant part of the insurance premium or lose it altogether.

If you have a mortgage

The most difficult thing is to apply for a refund of mortgage insurance from RESO-Garant. When purchasing a home on credit, the borrower is required to insure:

• life and health;
• purchased apartment.

The cooling-off period does not apply to insurance taken out to obtain a mortgage. You can cancel the policy and partially return the money spent in two cases:

• after early repayment of the loan;
• when applying for refinancing.

RESO-Garant will return the paid fees after receiving the application and confirming the absence of debt to the bank.

List of documents

To cancel your insurance during the cooling-off period and collect your money, collect the following documents:

• application for refund;
• original and copy of the insurance contract, policy;
• a copy of the applicant's passport;
• receipts, bank orders for payment of insurance premiums.

Unlike other insurers, RESO-Garantiya returns money both in cash at the cash desk and by bank transfer. Please indicate your preferred payment method in your claim.

If OSAGO or CASCO is canceled due to the sale of a car, a purchase and sale agreement will be additionally required. In case of early repayment of a car loan or mortgage, attach a certificate of absence of debt to the lender to the package of documents.

You can submit documents in person if you have a passport. If the application is submitted by a representative, a notarized power of attorney is required.

Necessary circumstances

To terminate a compulsory motor liability insurance agreement, one of four reasons must be present:

1. Selling a vehicle. After this procedure, the previous insurance will no longer be valid. The new owner of the car will have to fill out the document again. Since insurance is expensive, the best option is for the previous owner to contact the insurance company with a request to return the unspent portion of the amount. This must be done as quickly as possible, because the calculation is carried out from the day the application is submitted, and not from the moment the car is sold.
2. If the vehicle cannot be repaired. The cause may be an accident or scrapping of the vehicle.
3. Loss of license by the company. In this case, unspent funds can only be returned through the court. Since this procedure takes a lot of time and effort, it is better to wait until the insurance expires and not apply for it through this company again.
4. Death of the car owner. In this case, the insurance is terminated, and funds are issued to the heirs of the deceased person.

In all these cases, the contract can be canceled without contacting the insurance company. However, you cannot expect a refund.

Step-by-step instruction

The following step-by-step instructions will help you return the money and terminate the contract:

1. Fill out the application, indicating the personal, passport and contact details of the policyholder, contract details, payment method.
2. Attach the prepared package of documents and submit to RESO-Garantiya. The company accepts applications for refunds in two ways: at the branch office or by mail to the address of the head office. You can check the addresses with the contact center operator or on the website reso.ru.
3. Keep the second copy of the application with a receipt stamp or the receipt received at the post office. These documents will be useful for filing a complaint with the Central Bank, Rospotrebnadzor or for filing a claim.
4. After 3-6 days, check about the receipt of documents and the stage of consideration.

Insurance cancellation period in RESO-Garantiya

In accordance with the instructions of the Central Bank of the Russian Federation, the period during which you can refuse the imposed insurance is 14 days.

14 days – return period

Accept claims and get free legal advice today! Call:

1. Moscow
2. St. Petersburg +7 812 309-16-31
3. Hotline in the Russian Federation 8 800 511-69-34 (free)

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At the same time, the RESO-Garantia Insurance Company has the right to set a longer period for return, for example 30 days. A provision regarding this must be contained in the insurance contract. But in practice this happens very rarely.

How to count days correctly

If the question arises about how to correctly count days when refusing insurance, you need to refer to the provisions of Chapter 11 of the Civil Code of the Russian Federation “Calculation of terms.

Thus, this period refers to periods calculated in days.

If you submitted an application on the last day, and RESO-Garantiya does not accept it on the basis that the corresponding operations are no longer carried out, then you should adhere to the following algorithm:

• ask for the rules for carrying out such operations in writing, approved by the insurance organization RESO-Garantiya itself or by the Central Bank of the Russian Federation;
• if you are not provided with the rules, call the Central Bank of the Russian Federation at 8-800-250-40-72;
• if the above actions do not help, you need to go to the post office and send an application by mail - check the recipient’s address in the insurance contract, legal address: Russian Federation, Moscow

Written statements and notices submitted to the communications organization before twenty-four hours of the last day of the deadline are considered made on time - part 2 of Art. 194 Civil Code of the Russian Federation

Cancellation of insurance after 14 days

It often happens that you want to withdraw from insurance, but 14 days have already passed. In this case, the “cooling” rule no longer applies, and a different approach is necessary.

But you should not immediately go to court; first of all, it is advisable to try to resolve your issue through contractual means:

1. find the insurance contract and carefully study it, there should be a clause regulating the period for refusal of insurance, perhaps it is more than 14 days by law - if you return more according to the general scheme;
2. Contact RESO-Garantiya and find out if termination is possible as part of customer loyalty.

Contacts RESO-Garantiya: tel; fax: 8 (495) 956-25-85;; www.reso.ru

It is important to know that you can return the insurance if 14 days have passed only in the event of the loss of the insured property for reasons that are not an insured event - clause 1 of Art. 958 of the Civil Code of the Russian Federation. In this case, the refund amount is calculated based on the time during which the insurance was valid.

But is it possible to refuse an insurance contract for other reasons? Of course yes, but there is an important point: in case of voluntary cancellation of the insurance contract, the money paid is subject to return only if this is specified in the contract - clause 3 of Art. 958 Civil Code of the Russian Federation

You can almost always return an item!
The main thing is to know the procedure and use the law correctly. Get information for free from lawyers via chat (bottom right ↘️) or via this link. return the goods