Homeauto insuranceHow to abandon the imposed insurance when applying for compulsory motor third-party liability insurance
How to abandon the imposed insurance when applying for compulsory motor third-party liability insurance
April 8, 2019
Despite all the legislative changes, the problem of imposing additional insurance products during the compulsory motor liability insurance policy remains relevant. The introduction of the MTPL insurance policy has not yet brought about drastic changes, both due to limitations in the possibility of obtaining insurance (new vehicles, data mismatch with the database of the Russian Union of Auto Insurers), and because of the small number of insurers offering this service. The forums continue to describe the various difficulties with the acquisition of paper and electronic policies. Particularly relevant is the problem in unprofitable for insurers from the point of view of the result from the CTP region. When contacting the insurer’s office, the client may still encounter standard excuses that have already become: there are no forms, you need to inspect after an indefinite period, etc.
Basics of OSAGO legislation
According to the federal law on compulsory motor liability insurance, the service of concluding compulsory insurance contracts must be provided at any branch of the insurer. You can find out if there is an insurance company branch in your region on the insurer’s website. If the information is not available, official information about the branch can be obtained in the extract from the register registered in accordance with the insurer’s TIN on the website of the Federal Tax Service. Offices located at an address different from the branch address can be divided by type of activity: sales, loss settlement, and corporate client offices. It is not always advisable to contact the nearest office with a sign of the insurance company, since the conclusion of contracts may not be within its competence. You can find sales offices in your region that are different from the officially registered branch using the site or the contact center of the insurer.
To defend your interests in a dialogue with representatives of the insurer, it is better to stock up on some knowledge of the legislation in the field of compulsory insurance. In connection with the established practice of tightly regulating the issue of imposing insurance, an employee of an insurance organization may concede, having sensed a savvy opponent, and draw up a policy without voluntary types of insurance.
If an employee of an insurance company convinces you that in order to purchase a compulsory motor third-party liability insurance policy it is necessary to purchase one of the voluntary types of insurance, it is worth recalling that the car owner is not required to purchase additional insurance when applying for a third-party liability insurance policy. Coercion to conclude an insurance contract is unacceptable, unless the obligation is assigned within the law (clause 1 of article 421 of the Civil Code of the Russian Federation). If an employee declares to you that they do not sell CTP insurance without additional insurance according to the internal rules of the company, refer to the Federal Law on CTP insurance, which states that the CTP insurance agreement is public. Refusal to conclude a public contract is not only not allowed (clause 3 of article 426 of the Civil Code of the Russian Federation),
These legal provisions apply to all representatives of the insurer, including sales office employees and insurance agents.
In practice, there are also cases when employees of an insurance company offer customers a choice: either purchase an insurance policy with additional types of insurance, or it is necessary to inspect the vehicle. And the procedure for organizing the inspection can take a lot of time. According to the rules of professional activity of the RSA (PDA), which regulates the activities of OSAGO insurers, in part not regulated by legislative acts, the insurance company is obliged to conclude a policy on the day the client contacts. An exception is when the insurer wishes to exercise its right to inspect the vehicle. But in this case, the inspection should be carried out on the same day. And if this is not possible, then up to five days. According to the latest changes in the insurance policy of CTP,
Actions when applying for an insurance policy
If in your area the insurers refuse to honestly issue CTP, and it is impossible or impossible to obtain an electronic policy in your case due to technical problems, when contacting the representative of the insurer, you should take into account that in case of further proceedings, confirmation of the fact of evading the insurer from the obligation to conclude MTPL agreement. Communication with employees of the insurer is best recorded by audio or video. At the same time, the insurer employee does not have the right to prevent you, which is directly indicated in the PDA and Bank of Russia clarification. If it is not possible to shoot, you can use testimony to draw a conclusion about the fact of the offense. In order not to be refused for formal reasons, you need to have a full set of original documents with you .
If you refuse to conclude an MTPL agreement, including due to the lack of forms, require the formalization of your appeal. To fix the fact of the application, fill out the application for the conclusion of the CTP insurance agreement (ideally, knowing the specifics of CTP insurance sales in your region, you must have this statement with you) and get a note of acceptance on the copy of the application (full name and position of the recipient and the date of acceptance ) If the employee refuses to accept the application, send it by registered mail with a notification to the address of the insurance company. The insurer will not be able to ignore the application and will be required to either contact you to draw up a policy or give you a written refusal to conclude a CTP insurance agreement.
If you don’t have time to wait for the inspection of the vehicle or a response from the insurer on the considered application and you still had to purchase insurance for motor vehicles with imposed additional voluntary types of insurance, you can try to abandon the policy with a refund of the insurance premium. To do this, on the day the policy is received, it is necessary to file a claim with the insurance company with a request to terminate the above insurance contract and return the paid money due to the fact that the conclusion of the contract is not due to the client’s desire, but a violation by the company employee of article 16 of the Law on Consumer Protection . In the claim, indicate the time after which you will be forced to go to court. In addition, it is necessary to attach evidence of the imposition of insurance. The claim must either be sent by a letter with a notification to the insurance company, or independently submitted to the office, having received a mark on acceptance of the claim on your copy. If there is no response from the insurer or a refusal to refund money, you must appeal to the supervisory authorities or to the court. To date, there is a stable practice of considering such complaints in favor of the consumer.
Where to complain
The main regulator of the activities of insurance companies is the Bank of Russia. A complaint about the refusal to conclude a compulsory motor third-party liability insurance contract without execution of additional services should be sent to the electronic reception office of the consumer rights protection service for financial services and minority shareholders of the Bank of Russia, where a separate form of appeal has been created for such complaints. It is mandatory to attach evidence of violations of insurance legislation, without which the adoption of any measures by the Bank of Russia will be impossible. You can also write a complaint to the prosecutor’s office to institute administrative proceedings against an employee of an insurance company under article 15.31.1 of the Code of Administrative Offenses of the Russian Federation, followed by a fine under this article. In order to initiate an audit regarding violation of the antimonopoly legislation (clause 3 of part 1 of Article 10 of the Law on the Protection of Competition) with the subsequent imposition of a fine on the insurer, you can contact the FAS.
For a long time, the regulatory authorities discussed the initiative to introduce the so-called cooling period – a grace period during which the policyholder can withdraw from the voluntary insurance contract with a full refund of the premium. The purpose of this innovation is to nullify the imposition of insurance. On October 7, the RSA Presidium decided to introduce a five-day “cooling period” in the PDA, provided that the voluntary insurance policy was acquired simultaneously with the CTP insurance policy. At the same time, the period of validity of voluntary insurance must be at least 30 days in the absence of declared insurance cases.
The introduction of the “cooling period” in the editorial board approved by the SAR in theory seems to solve the problem. But it’s not yet clear what will prevent insurers who previously behaved in bad faith from imposing expensive contracts with a term of less than 30 days or entering into a contract specifying a different date. We hope for a dramatic improvement in the situation, not forgetting how to protect our rights.