Notifications. What to do if the CTP registration was refused? Rosgosstrakh does not want to do CTP
Or were additional services imposed during its registration? Have you set a date for submitting a package of documents and issuing a policy in a month or two after the expiration of the current insurance policy? These actions of the insurer are illegal, and it is possible and necessary to call him to order.
Why don't insurers sell OSAGO policies?
Insurance companies arranged an artificial shortage of car insurance forms for exactly one reason. MTPL insurance has become unprofitable, if not simply unprofitable. So, in the first quarter of 2014 in three regions of Russia: Amur, Ulyanovsk and Murmansk regions - payments reached 90% of fees, and in the Kamchatka Territory the amount of payments exceeded the amount of collected insurance premiums and amounted to 107%.
At the beginning of the year, insurers began to close their offices everywhere in anticipation of an increase in tariffs due to summer changes in legislation.
The law on compulsory motor third party liability insurance has been updated, the schedule for changing tariffs for the year has been approved, the procedure for establishing base tariffs and correction factors has been given to the Central Bank of the Russian Federation. Nevertheless, the situation remains critical in many ways.
What does the legislation of the Russian Federation say?
In the first half of 2014, the Federal Antimonopoly Service registered 1,500 complaints from car owners against insurers in 66 regions of Russia. Insurance organizations everywhere refuse to issue an OSAGO policy and impose additional services. 47 insurers have received warnings, 34 have been prosecuted, 27 violations have already been ruled by the court. And the verdict is always the same: the insurer is wrong.
The list of unscrupulous companies included: Ingosstrakh, VTB Insurance, Yugoria, ASKO, Renaissance Insurance, Rosgosstrakh, AlfaStrakhovanie, VSK, ZHASO, SOGAZ, Alliance, BASK, Guta -insurance ”, MAKS, SG MSK,“ RESO-guarantee ”,“ Consent ”,“ Zurich ”,“ UralSib ”. The Ministry of Finance on its website published an unambiguous position on this issue and offered the car owner a sequence of actions in case of an unlawful refusal.
So, let's turn to the laws:
- Federal Law No. 40-F3 "On Compulsory Civil Liability Insurance of Vehicle Owners" dated 25.04.2002 states that the owner of the vehicle must have an OSAGO policy.
- In Art. 426 of the Civil Code of the Russian Federation and Art. 1 of Law No. 40-F3 it is emphasized that the OSAGO agreement is public. That is the insurer is obliged to conclude a contract with everyone who contacts him... No refusal is allowed.
- In paragraph 2 of Art. 16 of the Law of the Russian Federation No. 2300-1 "On Protection of Consumer Rights" (dated 07.02.1992) states that conditionality of the acquisition of some goods by the mandatory purchase of others(in other words, the imposition of additional goods and services) prohibited.
- Clause 14 of the CTP Rules states that the car owner has the right to freely choose an insurance company. The latter, upon receiving a package of documents and a written application, has no right to refuse to provide this service.
According to Federal Law No. 223-FZ dated July 21, 2014, unreasonable refusal of the insurer to conclude public contracts and the imposition of additional services not stipulated by federal law, entails administrative responsibility... The corresponding changes have been made to Art. 15.34.1 of the Code of Administrative Offenses of the Russian Federation.
Punishment: a fine of 50,000 rubles imposed on the official who committed the offense.
The competent authority is the Central Bank of the Russian Federation, the mega-regulator of the insurance market. Heads of territorial divisions are authorized to resolve issues of control and supervision in the field of financial markets, incl. insurance.
Let's summarize.
- The car owner can contact any insurance company.
- The insurer does not have the right to refuse to sell the CMTPL policy.
- It is also unlawful to be forced to buy additional options (for example, the life insurance policy of the insured or the drivers included in the policy).
If this happens, then, according to paragraph 4 of Art. 445 of the Civil Code of the Russian Federation, an insurance organization is forced to conclude an agreement in court and compensate for losses caused to the car owner by his refusal.
PCA remark
At the end of September 2014, the RSA published the "Procedure for notifying insurance organizations of the refusal to conclude an OSAGO agreement for the owners of the RSA vehicle." It is based on clause 7 of Art. 15 of the law on OSAGO, which stipulates the obligation of the insurer to issue a written refusal and notify the higher authorities - the Central Bank and the RSA. From the entire document, we are interested in a list of permissible grounds for refusing to issue a car insurance. Among them:
- lack of communication with AIS RSA;
- failure to present the vehicle for inspection (can be carried out both at the location of the insurer and at the place of residence of the insured);
- failure to submit a complete set of documents required by law;
- lack of a power of attorney to conclude an insurance contract on behalf of an individual entrepreneur or legal entity.
However, the lack of communication with the base will still need to be proved, and after its restoration, invite the client (in writing!) To conclude a contract. The issue of not presenting the car for inspection is also controversial, since there is a diagnostic card that serves as the basis for the sale of the policy. In general, it is possible to debate whether the grounds for refusal given by the RSA do not contradict the RF Law. And the fact that the courts, when considering cases, will appeal only by officially approved norms, is beyond doubt.
The procedure for acquiring an OSAGO policy
Since the OSAGO agreement is recognized as public, the desire of one of the parties is sufficient to conclude it. There are several options for purchasing a policy.
- When contacting the insurance company in person, ask for a written waiver. You will not be able to present an oral one anywhere.
- When the RF Post sends an offer-offer (an application in the appropriate form approved by the RF Ministry of Finance on 01.07.2009) with a package of necessary documents attached, a delivery notification is given. In case of refusal, it will serve as proof that the insurer has received an offer-offer.
The insurer is given 14 working days to review it, as well as to prepare and send a response. The answer may be a notification:
- about acceptance (acceptance),
- about refusal,
- on acceptance on different terms.
What to do if refused?
If you do not agree with the answer of the insurer, you have the right to appeal its actions. To do this, you need to apply in writing, attaching correspondence with the insurance organization or a written refusal. The package of documents must be sent to one of the authorities:
- territorial subdivision of the Central Bank of the Russian Federation;
- court at the place of residence;
- the prosecutor's office;
- PCA department;
- Federal Antimonopoly Service, address: 123995, Moscow, D-242, GSP-5, Sadovaya-Kudrinskaya, 11.
Usually, with a personal appeal to the insurer and the threat to transfer a written refusal to one of the above organizations, the insurance company finds an opportunity to conclude an OSAGO contract. And the desire appears, and the forms are found, and the issue is resolved out of court.
What documents are required to challenge a refusal?
- At first, written statement of the policyholder(offer-offer) on the conclusion of an OSAGO contract. The copy that remains with the car owner is stamped, dated and signed by the person who accepted the application.
- Secondly, written refusal of the insurer... Needed to contact the competent authorities.
What if there is no time to argue?
The Russian judicial system is rather clumsy. It takes several months, or even six months, to consider even the simplest case. It is clear that not everyone is ready to withstand lengthy legal arguments, and as if no one has the opportunity to live without insurance, waiting for the insurer to be forced to conclude an OSAGO contract. If you are obliged to buy an MTPL policy together with an additional insurance product, the procedure is quite simple.
- Invite a witness and, in his presence, ask the representative of the insurance company to draw up a written disagreement in the registration of "auto-civil" without a load.
- On the basis of this paper, write a claim to the insurer with the requirement to terminate the imposed additional insurance contract and return the full paid premium amount.
- In case of refusal, file a statement of claim in court.
If you are not being sold a policy, then there is a very dubious path. The desperate can follow it.
- Since, according to the law, the OSAGO insurance contract is public, the very fact of a written request from a potential insured can be considered as the fact of concluding an agreement. For this, the application-offer should be sent to the insurer by mail.
- If the car gets into an accident, then on the basis of this statement and the notification of delivery, the damage should be recovered from the insurance company.
The obvious disadvantages of such "amateur performance".
- According to the Insurance Rules, the contract comes into force after the policyholder has paid the premiums (the full amount or a certain part of it). So, the insurer has the opportunity to legally evade the payment of insurance compensation, if the Supreme Court does not award otherwise.
- The traffic police inspector, having stopped the car, will not be satisfied with a copy of the offer application and confirmation of its receipt by the insurer. Firstly, this, whatever one may say, is not an OSAGO policy. Secondly, a natural question arises about the serviceability of the vehicle and the possibility of its operation.
- Even if the homemade "policy" states that this is a duplicate, valid until the original is issued, it will take a lot of time and nerves to communicate with the inspector. Possible development options: fine, withdrawal of numbers, ban on participation in road traffic.
Perhaps several dozen precedents will create a reliable basis for a quick solution to such issues, while the development of events according to this scenario has not been recorded.
Registration of CTP policies turned into a quest a few months ago, and now the situation has escalated to the limit. Krasnoyarsk residents are denied in federal companies for various reasons: the forms have run out, the driver is under 27, they are accepted only by appointment, and it is better to issue a policy on the Internet and print it on a regular sheet. But the programs "hang". They are also asked to write a statement in insurance, according to which the policy will be issued in 30 days. In regional companies, such as Nadezhda, meanwhile, the flow of customers has increased 5 times, and in some branches there are 20 people waiting in line on the street.
The correspondent of NGS.NOVOSTI went to the office of "Nadezhda" on the street. Paris Commune. People only go out on the street to smoke, and in the building itself, the author counted more than 25 drivers. In line, they vied with each other to share painful:
- Many [seeing the line] turned around and left. And we phoned all over the city, everything that was on the Internet - Rosgosstrakh, VSK ... Either the experience is not enough, then the driver is not 27 years old, - says the guy who came with two girls.
- Yes, Rosgosstrakh stopped insuring at all. In "Consent" they told me: "You don't have to call for a couple of days at all." There is also a queue, - a man with a helmet in his hands enters the dialogue.
- Some say that they refuse to insure on the numbers of another region - here I have Kemerovo ones. Let's see...
- I have a 1978 VAZ. Were in the "Siberian Spas" and "RESO" - both on Baturin. In the first, they said that either the license was taken away, or something. In the second stage it is not visible, but the girl said that "everything is by appointment, there are a lot of people, and we work until five - you will not have time." Advised on the Internet. Why don't I issue it? No, then f *** will work out, - says a sporty guy in a cap and shorts.
To accept such a flow from the "federals," Nadezhda introduced a night shift for some of its employees, says company representative Natalya Khudyakova: “We have all the windows working, the entire staff resource is involved, some were transferred to the night shift to sort mail. This is an abnormal situation. We take the brunt of the blow on ourselves. " The interviewed drivers left the office in a maximum of an hour. They do not refuse clients here, but they call OSAGO "social insurance", which is unprofitable for the company. The company survives, she emphasizes, due to voluntary life and health insurance, housing.
“If their [clients] were sent to another office, they have the right to complain to the Central Bank,” the interlocutor advises and addresses the drivers. - Do not be silent. There is no need to come to our office and swear, thinking that we have some kind of collusion, that people are being redirected to us. "
Under the guise of clients, we called the offices of federal insurance companies and heard about the same words that drivers are quoting: "there are no forms", "come and see your documents." The insurance bureau "OSAGO 124" said that large companies have now suspended their work with them "We can only offer Siberian Spas".
What is happening on the market, we tried to find out from the Rosgosstrakh company, which was most often mentioned by the interviewed drivers. The reply to the letter from the Moscow press service came in half an hour. They said: they are not responsible for colleagues in the Krasnoyarsk market, and "the implementation of OSAGO contracts in the company is carried out in strict accordance with the norms of the current legislation and the requirements of the mega-regulator."
“If you know of any specific cases of violations, please report them: which of the employees / agents, in which office, what program and at what time on the website of our company, as you put it,“ gives a technical failure ”- we will investigate ", - promised in Rosgosstrakh.
The only way to force the company to issue a policy, says the head of the company "Avtoyurist" Yevgeny Nigmatulin, is to write a statement asking to do so. Additionally, there you can specify where and when you can inspect the car. But the law, as previously stated in Rosgosstrakh, gives insurers 30 days for this. The lawyer is skeptical about a failure when issuing an electronic policy on company portals and suggests recalling how registration on the portal of state services took place when a letter was sent by the Russian Post - "everything is in the best traditions."
At the same time, Yevgeny Nigmatulin connects the current situation with the recent amendments to the law on the prevalence of natural compensation for road accidents over money. How this will happen and who benefits from, we wrote earlier.
Insurance companies, according to the interlocutor, were not ready for the "raw", "administratively disgusting" law. Since the start of the amendments, on April 28, he has not heard a single case when the car was driven into repair after an accident, and did not give money for damage. “I know 100% that 1.5 months ago several large insurers, which together cover 80–90% of the market, did not have a contract with any service. I talked with my colleagues for another six months: it won't take root - as they paid with money, they will continue to do so - in the old way. "
However, the opinions of lawyers about the reasons for the collapse in the market differed. Stanislav Savchuk, chairman of the regional society for the protection of the rights of car owners, sees the reason for such behavior of large players in the internal policies of companies, but in no way in replacing payments with repairs. According to him, the Union of Auto Insurers obliges each company to keep the same percentage of the market in all regions. But there are "acidic" ones, i.e. unprofitable regions (there are about 10 in the country), where the "feds" are now trying to sell less. Therefore, we are forced to reduce sales in a similar manner in average cities, which include Krasnoyarsk. The shipment of forms, the lawyer says, is based on these statistics.
Meanwhile, as the correspondent of NGS.NOVOSTI was assured in the Central Bank, in the first quarter of this year Siberians more than 2 thousand times complained to the regulator about the incorrect work of insurers. Here is the refusal to conclude an agreement, and the imposition of additional services.
The Central Bank points out the right to refuse: insurers have no right to do this, since the CMTPL agreement is public. For this, ordinary workers may face a fine in the amount of 20-50 thousand rubles, and for officials and companies - from 100 thousand to 300 thousand rubles. The problem was to be solved by an electronic policy issued on the official websites of companies - the opportunity was introduced on January 1, 2017. You can check false insurers on the portals of the Central Bank or autoins.ru. For five months of this year, residents of the Krasnoyarsk Territory have already issued 39 thousand OSAGO policies via the Internet, they say in the regulator. However, drivers complain about the inability to do this.
The Central Bank asks to report problems with registration to the insurer's call center and supervisory authorities: “If there are problems with the accessibility of the site - it is constantly“ hanging ”- then you need to contact the Bank of Russia. The easiest way to do this is through the internet reception. It is necessary to attach a screenshot of the screen with the fixation of the date and time of access to the site as evidence. "
Imposing life insurance can also cost companies 300 thousand rubles. "However, the imposition of insurance must be distinguished from the so-called cross-selling or box sales," the Central Bank emphasizes. - These are generally accepted practices when, when purchasing an MTPL policy, a person is introduced to the most popular voluntary insurance products and offered to purchase them. However, this should be done without any coercion. "
Insurance companies often refuse to issue an OSAGO policy to clients. Most often, such a refusal is not justified by anything.
It reflects only the material interests of the company. In this article, you will learn how to get the insurer to issue you a policy.
Any motorist knows how to get insurance under an MTPL policy. But sometimes insurance companies unreasonably refuse to issue OSAGO.
The reason for this behavior of insurers is the increased loss ratio under this policy. MTPL insurance has become unprofitable for companies, and it remains so even after the tariff increase.
It is the duty of insurers to satisfy the wishes of customers. From this article you will learn how to act in a situation when you are unreasonably denied in registration of OSAGO.
Why do insurers refuse a CTP policy?
The main and only reason is the unprofitableness of the policy for insurance companies. But it also depends on the region of Russia. In many cities, there are no problems with OSAGO, since the statistics there are positive.
If insurers decide that the loss ratio in their region is too high, they may simply refuse, citing unlikely reasons (for example, lack of forms or questionable documents).
Humanly, they have the right to do this, because the insurance organization is created on a commercial basis and works for the sake of making a profit. And if instead of profit there are only losses, then why work?
But from the point of view of the law, everything looks different. Refusal to issue an insurance policy must be justified, and unprofitableness is not a reason. Therefore, if you are denied insurance for no good reason, you need to protect your interests.
What to do in case of refusal?
If the answer of the insurer does not satisfy you, you can appeal it. To do this, create a written request and attach a written refusal to the insurance company and / or correspondence with it.
These documents must be sent to one of 5 organizations:
- regional branch of the Central Bank of the Russian Federation
- PCA department
- prosecutor's office
- local court
If, in response to the insurer's unreasonable refusal, threaten to contact one of these authorities, then, most likely, the policy will still be issued to you
The words "court" and "prosecutor's office" magically influence insurers and make them forget about the recent refusal (if, of course, it was really unreasonable).
It may happen that you simply do not have time to argue. The insurance company "rested" and does not want to issue OSAGO, and when you go to court, you can spend several months to consider the case.
Sitting all this time without insurance is not an option. You can get out of this situation in another way:
- Ask the insurer why he can't just issue a CTP policy. Most likely, he will answer that for registration you need to buy some kind of additional product. (By imposing unnecessary products, insurance companies are trying to profit from the unprofitable OSAGO)
- In the presence of witnesses, ask the employee of the insurance organization to write a written refusal to issue an OSAGO policy without additional options. It is possible that already at this stage you will receive approval and your insurance.
- If the insurer still writes a refusal, then, on the basis of this document, create a claim to the company and demand the termination of the imposed contract with the return of the insured amount paid by you
- If the company refuses to satisfy the claim, then you still have to go to court
Quite often, insurers “give up” already at the second or third stage. But this is only possible if they agree to insure you, subject to the purchase of additional products.
If the insurer refuses to sell the CTP policy on any terms, then there is another way. It's pretty dubious and only suitable for desperate people:
- According to the law, the insurance contract under the MTPL policy is public. The fact of the client's appeal to the insurance company (the appeal must be in writing) can be regarded as the fact that the contract has been concluded. You need to send an application-offer to the insurance company by mail
- Then you should wait for the occurrence of the insured event. When the car gets into an accident, you can recover damages from the insurer based on the offer and mail notification that the insurer has received it.
It really works, but if you drive carefully and do not get into an accident, then there is no point in this method.
If you decide to use this method, do not try to fake an accident. Traffic police officers are familiar with such matters and will certainly distinguish a real accident from a selfish staging
What documents are needed to challenge a refusal?
To challenge you need only 2 documents:
- an offer in writing about insurance under an OSAGO agreement (the application must be stamped, as well as the date and signature of the insurance company employee who accepted it)
- written refusal of the insurance company to issue OSAGO
The further list of documents depends on the authority to which you apply. In the PCA, some papers may be required, in the prosecutor's office - others.
Therefore, when you come to the selected institution for the purpose of challenging, immediately ask if you need any other documents on this issue. And remember that any copies must be certified.
Penalties for violations
Since September 2014, amendments to the Code of Administrative Offenses of the Russian Federation, adopted by the State Duma in July of the same year, entered into force. The essence of the amendments:
- unjustified refusal to execute an insurance contract, as well as the imposition of third-party services during registration, are punishable by a fine for the insurance company
- the fine is administrative and can be imposed on officials
- the amount of the fine is unchanged and is always 50,000 rubles
Legislative practice on these amendments is still at the stage of formation. Therefore, one fact of dispute will not be enough. A client wishing to challenge an unjustified refusal to sell OSAGO must have evidence of a violation on the part of the insurer.
Most often, such evidence is a written refusal of the insurer to issue a policy. If the employees of the insurance company do not want to issue OSAGO, sometimes it is enough just to remind them of the fine so that they change their mind
Don't be afraid to be straightforward. Say that you will go to complain and remind of the impressive amount of the fine. This usually works.
Before insuring an old car that is 10 or more years old, insurers will think a hundred times, because the pluses in the insurance of such cars are much less than the minuses.
The main disadvantage is the high frequency of insurance payments associated with the constant occurrence of breakdowns and malfunctions. That is, the insurer is offered to make a deal on conditions that are obviously unfavorable for itself, which is the reason for 90% of refusals.
If you are still lucky enough to insure an "older" vehicle, then the conditions, most likely, will not suit you. There is no standardized calculation of drivers' costs to insurance companies.
Is there any benefit?
Hardly. The cost of paperwork, their list and procedure time will be the same as for a new car, but payments and insured events will not allow the driver to receive sufficient compensation to repair the vehicle or compensate for damage after an accident
How to insure?
Drawing up a statement
To draw up an application for the conclusion of an insurance contract, you need to have certain information. In particular, in order to issue an OSAGO policy, it is necessary to indicate:
IMPORTANT! If you designate a specific period of time, then you can save some amount. But it will be possible to use the car only during the specified period of time.
In addition to the above information, the form also contains other data. For example, an employee of an insurance company who processes an application indicates data on the coefficients, on the basis of which the cost of the CTP policy is calculated. The application also includes the policy number for identification in the future.
Refusal from SK
OSAGO is a compulsory type of insurance. In order for a company to refuse you legally, it must have very weighty conditions, the list of which will be righteous below. If none of the points is applicable to your car, then the policyholder does not see any benefit in concluding a contract, which cannot be a direct reason for refusal.
Causes
The main reason is that such a policy incurs losses for the insurance company. But this varies depending on the region of the Russian Federation. In cities with positive statistics, there are no problems with the execution of transactions.
To save on the policy or get 100% approval - choose a region with cheap rates and good statistics.
If the insurer decides that the losses in their region are very high, then they may simply refuse to issue them under the pretext of lack of forms or all sorts of consumables. This is not a legal basis for refusal, but after all, the company must be profitable for the employees, otherwise it will go bankrupt.
Nevertheless, you have not been provided with legal grounds for refusal, which means you need to protect your interests in higher legal instances.
What to do in this case?
If the answer of the insurers does not suit you, you can appeal it. To do this, write a written request and attach to it a copy of the refusal from the insurance company and correspondence with it.
The package of documents can be sent to one of the following structures:
- regional department of the Central Bank of the Russian Federation;
- PCA headquarters;
- the prosecutor's office;
- court at the place of residence;
- Federal Antimonopoly Service.
Pre-trial settlement of the situation
Sometimes it is worth hinting to the insurance company that you are going to translate the conflict into a judicial format, as they immediately go to meet you. No need to threaten or stir up conflict, just talk.
If insurers refuse to conclude a deal on any terms, then there is another method. It's pretty dubious and only suitable for desperate people:
- According to the legislation, the insurance contract under the OSAGO policy is public. The fact that a citizen applies to an insurance company (in writing) can be classified as the fact that a contract has been drawn up. It is necessary to send an application-offer to the insurance company by mail.
- Next, you should wait for the insured event. When a vehicle gets into an accident, you can claim compensation for damage, relying on an offer and mail notification that the insurers have received it.
You can read more about pre-trial claims to the insurance company.
Going to court and filing a claim
To challenge in court, only 2 documents are required:
- an offer in writing about insurance under an OSAGO agreement (the application must be stamped, as well as the date and signature of the employee of the insurance company who accepted it);
- written refusal of the insurance company to issue a policy.
The general list of documentation depends on the legal structure you are referring to. The PCA may require one package of documents, the prosecutor's office - another.
Therefore, when you come to a specific institution with the purpose of appealing, immediately clarify if you need any other certificates or documents on this incident. Remember that any copies must be certified.
Obtaining a policy
Today, insurers can themselves change the cost of OSAGO within small limits. To find the most suitable option for the cost, contact several insurance companies by phone. The insurers will list you the basic rates of insurance rates. If you want to purchase a policy at the most favorable price, then choose the company whose main rate is lower than that of the rest.
Issuing an OSAGO policy usually takes a couple of minutes. In addition, the renewal of the insurance policy is possible without a personal visit to the insurer (via the Internet). However, this option was introduced recently, so not all insurance corporations managed to add this function to the list of services provided by Internet resources.
Let's turn to the classic way of purchasing insurance. When buying a policy in the office, it is recommended to pay attention to its price, which must be independently calculated in advance. We remind you that in addition to the insurance document itself, you must be given 2 blank forms for notifications about road accidents. You will need them if you decide to issue an accident without the traffic police (using the Europrotocol).
One more point. In a collision of two vehicles, the maximum compensation for damage to the damaged vehicle is 400,000 rubles in accordance with Art. 7 FZ "On OSAGO". At first it seems that this amount may be enough for repair work, in most situations. But since every year the prices for cars increase, and the maximum payment remains the same, then in the event of a serious insured event with an expensive car, this amount is definitely not enough to cover the damage.
In this regard, many companies offer to expand the CMTPL policy with the help of DSAGO (additional insurance). As a rule, the price of such a service is much less than the main insurance, however, DSAGO significantly expands the amount of insurance payment - up to 1,000,000 rubles or even more. Conditions may also vary from insurance company to insurance company.
Conclusion
Taking out insurance is a matter of five minutes, which will save you long hours spent on proceedings after accidents. However, if you insure a car over 10 years old, then there may be problems with obtaining insurance, although there is no official prohibition in the law and everyone must have a MTPL on a car.
If you find an error, please select a piece of text and press Ctrl + Enter.
What does the law say about this? Without good reason, the organization cannot refuse to issue insurance. Losses from work are not a reason for refusing to conclude an OSAGO agreement. The owner of the car has the right to independently choose where to buy the policy, and which organization to give preference to when registering. If the company has received all the necessary documents, then the client must sell the policy. This procedure is established by Art. 426 of the Civil Code, as well as Art. 1 of the Law "On OSAGO". There are clear rules in insurance: every car owner must have a policy. But how can this right be realized? First you need to determine whether the company is legally refusing or not. Legal cases of refusal in OSAGO What reasons are really serious, explained the Russian Union of Auto Insurers.
What to do if the application for a compulsory insurance policy was refused?
The essence of the amendments:
- unjustified refusal to execute an insurance contract, as well as the imposition of third-party services during registration, are punishable by a fine for the insurance company
- the fine is administrative and can be imposed on officials
- the amount of the fine is unchanged and is always 50,000 rubles
Legislative practice on these amendments is still at the stage of formation. Therefore, one fact of dispute will not be enough.
A client wishing to challenge an unjustified refusal to sell OSAGO must have evidence of a violation on the part of the insurer. Most often, such evidence is a written refusal of the insurer to issue a policy.
If the employees of the insurance company do not want to issue MTPL, sometimes it is enough just to remind them of the fine to make them change their minds. Do not be afraid to be straightforward.
What to do if the insurance company refuses to issue a CTP policy?
Attention
But other methods are also possible, which are better to try a month before the expiration of the current insurance.
- Send the application and copies of the required documents to the office of the selected insurance company by registered mail. The application form can be downloaded from the PCA website. You will need to attach copies of: the applicant's passport; driver's license; diagnostic card, vehicle registration certificate, vehicle passport.
Alternatively, you can fill out an application in 2 copies and, with a prepared package of documents, personally drive up to the chosen office.
There, leave this package with one copy of the application, and on the second (we keep it for ourselves) we ask the insurance employee to put the date of receipt of the documents and sign. After 30 days, come again and issue MTPL without extra payments.
Refusal of CTP insurance - what to do if the insurance company violates the law
Therefore, if you are denied insurance for no good reason, you need to protect your interests. What to do in case of refusal? If the answer of the insurer does not satisfy you, you can appeal it.
To do this, create a written request and attach a written refusal to the insurance company and / or correspondence with it. These documents must be sent to one of 5 organizations:
- regional branch of the Central Bank of the Russian Federation
- PCA department
- prosecutor's office
- local court
If, in response to the unreasonable refusal of the insurer, threaten to contact one of these authorities, then, most likely, the policy will still be drawn up for you. The words "court" and "prosecutor's office" magically influence insurers and make them forget about the recent refusal (unless , it really was unfounded).
It may happen that you simply do not have time to argue.
Rosgosstrakh does not insure CTP what to do
Law of the Russian Federation No. 2300-1 "On Protection of Consumer Rights" (of 02/07/1992) states that the conditionality of the acquisition of some goods by the compulsory purchase of others (in other words, the imposition of additional goods and services) is prohibited.
- Clause 14 of the CTP Rules states that the car owner has the right to freely choose an insurance company. The latter, upon receiving a package of documents and a written application, has no right to refuse to provide this service.
According to Federal Law No. 223-FZ of July 21, 2014, the insurer's unjustified refusal to conclude public contracts and the imposition of additional services not stipulated by federal law entails administrative responsibility.
The corresponding changes have been made to Art. 15.34.1 of the Code of Administrative Offenses of the Russian Federation. Punishment: a fine of 50,000 rubles imposed on the official who committed the offense.
What to do if they do not sell the CTP policy
At the beginning of the year, insurers began to close their offices everywhere in anticipation of an increase in tariffs due to summer changes in legislation. The law on compulsory motor third party liability insurance has been updated, the schedule for changing tariffs for the year has been approved, the procedure for establishing base tariffs and correction factors has been given to the Central Bank of the Russian Federation.
Nevertheless, the situation remains critical in many ways. What does the legislation of the Russian Federation say? In the first half of 2014, the Federal Antimonopoly Service registered 1,500 complaints from car owners against insurers in 66 regions of Russia.
Insurance organizations everywhere refuse to issue an OSAGO policy and impose additional services. 47 insurers have received warnings, 34 have been prosecuted, 27 violations have already been ruled by the court. And the verdict is always the same: the insurer is wrong.
What to do if the insurance company refuses to issue a CTP
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Those who ask get the answer that there are no forms for “pure OSAGO”; or can be issued only after inspecting the insured's car, and the inspection can be scheduled no earlier than 1-3 months (in accordance with clause 1.7 of the Regulation on insurance rules N431-P); They try not to give an official refusal to conclude an OSAGO agreement in the branches, sending it to the central office of the company. What to do The most correct thing is to study the issue first.
Using an online calculator, calculate the cost of your MTPL policy yourself, and find an adequate insurer offering compulsory insurance without imposed additional services. For example, "Consent", "Renaissance-insurance", "PECO guarantee" or another company that is a member of the Russian Union of Auto Insurers (RSA). Issue an electronic OSAGO policy (introduced on July 1, 2015).
Does the insurance company have the right to refuse insurance for compulsory civil liability insurance
The list of unscrupulous companies included: Ingosstrakh, VTB Insurance, Yugoria, ASKO, Renaissance Insurance, Rosgosstrakh, AlfaStrakhovanie, VSK, ZHASO, SOGAZ, Alliance, BASK, Guta -insurance ”, MAKS, SG MSK,“ RESO-guarantee ”,“ Consent ”,“ Zurich ”,“ UralSib ”. The Ministry of Finance on its website published an unambiguous position on this issue and offered the car owner a sequence of actions in case of an unlawful refusal.
So, let's turn to the laws:
- Federal Law No. 40-F3 "On Compulsory Insurance of Civil Liability of Vehicle Owners" dated 25.04.2002 states that the owner of the vehicle must have an OSAGO policy.
- In Art. 426 of the Civil Code of the Russian Federation and Art. 1 of Law No. 40-F3 it is emphasized that the OSAGO agreement is public. That is, the insurer is obliged to conclude a contract with everyone who turns to him. No refusal is allowed.
- In paragraph 2 of Art.
OSAGO without life insurance
Why insurance companies impose life insurance Insurance rates for OSAGO are insignificant, and the maximum payments to each victim increased in 2014 are 400 thousand rubles (for property) and 500 thousand rubles (for life and health). Many insurance companies did not avoid the temptation to close the “loss ratio” of this type of insurance with the help of voluntary and compulsory additional services.
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