Is it possible to terminate the insurance contract.  How to terminate an insurance contract.  How to terminate the contract imposed at the conclusion of the OSAGO

Is it possible to terminate the insurance contract. How to terminate an insurance contract. How to terminate the contract imposed at the conclusion of the OSAGO

It is possible, and upon cancellation, the car insured can expect to receive payments for the entire time remaining until the end of the contract. The remaining term is calculated not after the insurance contract is actually terminated, but from the moment when the application for termination of the contract is submitted.

IMPORTANT: The car owner has the right to terminate the insurance contract at any stage of its validity. Each insurance company has its own mechanism for terminating the contract, but the main rules are regulated by the current legislation.

When can a car insurance contract be terminated?

You can terminate the OSAGO contract in certain situations. In order to surrender the policy and get your money back the necessary grounds for termination insurance contract are the following:

  • the owner of the vehicle has died;
  • vehicle completely structurally died;
  • the license of the insurer company has been terminated;
  • the new owner of the vehicle.

Let's take a closer look:

Watch the video about the cases when you can terminate the OSAGO agreement ahead of schedule:

Procedure and filing an application

Before the early termination of the insurance contract, Required documents . For example, if it is planned to terminate the insurance contract with Rosgosstrakh, the first step is to write an application. The company provides a ready-made application form for termination of the contract, they are always available, since early termination of insurance is not a rare case.

An application for early termination of an insurance contract consists of:

  • passport details of the insured and details of the insurance company;
  • insurance policy number;
  • a detailed description of the reason for termination of the contract;
  • payment details (if payments are not made in cash);
  • list of attached documents;
  • confirmation by the representative of the insurance company that the application has been received, the date is indicated.

ATTENTION: when writing an application, the policyholder must take care of his passport data, the names and numbers of the attached documents must be accurate.

If you have an application and relevant documents, you should contact the authorized manager, he transfers the documentation to the insurer's lawyer. The authenticity of the provided papers is checked. Then a decision is made on the possibility of terminating the insurance contract or it is transferred to a third party if the vehicle is sold. The decision to terminate the insurance contract is provided by the manager, it is transferred to the cashier, where the cash settlement is carried out. Or contact a bank representative office where you can get the money due.

The documents

To prove the legal grounds for early termination of the insurance contract, the following documents are attached:

Some insurance companies require additional documents:

  1. Provision of Title with a note about the new owner. Why is such a document required, such a requirement is unlawful? The fact is that some car owners ask their friends to draw up a sales agreement, and the vehicle remains with the previous owner. Title reflects the true state of affairs of the new owner. But the insurer does not have the right to demand PTS.
  2. Photocopy bank card with the details where the refund is planned to be credited.

Calculations of compensation upon termination - how much is returned, when and to whom?

The calculation of the refundable part of insurance payments in case of early termination of OSAGO has features:

  1. The amount reduction factor is determined. The coefficient is calculated as the ratio of the days (months) when the insurance functioned and the total number of days (months) of days in a year.
  2. As a result, the amount is returned, which is considered as the product of 77% of the contribution amount and the coefficient. But from total amount payouts are automatically deducted 23%. Of these, 20% goes to cover the costs of the insurance company, and 3% goes to the Russian Union of Insurers. The remaining 77% is used to form an insurance reserve. The calculation for doing business (23%) may not be deducted if the insurance contract was short-term (up to 6 months), but this rarely happens.

Money can be received:

  • Vehicle owner.
  • The heirs of a deceased car owner whose car was insured.
  • The insured, if he is the owner of the vehicle.
  • The policyholder, if he has a power of attorney, notarized by the owner of the car to receive Money.

If the car is sold on the basis of a “general power of attorney”, but according to the law, its former owner remains the owner, the new owner is entered into the insurance policy.

In most cases, the money is paid out by the insurer immediately after the application is submitted.. If the payment is made to a current account, then the payment period is up to 14 working days from the moment the application is submitted.

The insurance company returns money only for the unused period of insurance, the expenses of the organization are taken into account.

If 2 weeks have passed since the application for termination of the contract was submitted, and the money has not been paid, then the first thing to do is contact Main office insurer. It often happens that money is stuck in the accounting department. If the company claims that the payment has been made, then the current account is checked again.

How to cancel an unused electronic policy on a car?

If these actions did not lead to a positive result, a lawsuit is being prepared. Most often, such measures encourage the insurer to conscientiously fulfill their obligations.

Conclusion

You can cancel auto insurance and get your money back, although Termination of an OSAGO contract is often fraught with difficulties. Not all points in the domestic insurance and civil legislation are interpreted unambiguously. If the policyholder is not satisfied with the actions of the insurer, it is necessary to go to court.

With a competent approach to the case, with documents proving the correctness, the case will be won. The courts often take the side of policyholders. But if there is little time left until the end of the unused insurance, then car owners do not want to participate in litigation, since the amount of the remaining payment is insignificant.

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The question of how to terminate the OSAGO agreement and return the money is becoming more and more relevant due to the increase in the cost of it. This is not easy to do, since in this matter it is necessary to take into account various points that affect the implementation of the intended action. Those drivers who are legally savvy are more likely to get paid back insurance premium. To make the procedure as simple and accessible as possible for an ordinary citizen, we suggest that you familiarize yourself with some of the features that are important to pay attention to.

Situations when the policyholder is forced to apply for a waiver of an already issued and paid insurance program may be different. The reason is the poor quality of service, delay in payment or refusal of it, disrespectful attitude on the part of employees, the desire to move to another company, etc. It is difficult to fulfill this, since there is a valid contract and obligations under it in relation to each of the parties.

Most of the appeals to the company on this issue are connected not only with the unwillingness to be serviced, but also with the desire to return their money. It should be borne in mind that 23% should be deducted from the amount that remained unspent. 3% of it goes to the RSA (Russian Union of Motor Insurers), 20% goes to the company's expenses. The remaining part forms the insurance reserve.

Important! If it becomes necessary to terminate the OSAGO agreement, you should write an application for execution as soon as possible this action. It is from the date of filing the application that the amount of the balance will be calculated.

The driver can apply at any stage of cooperation. Rules of procedure are regulated by law, but in different companies may have their own characteristics.

When possible

According to the requirements of the law, the driver, at his own request, can apply for termination of the contract even without giving reasons:

  • Art. 451 and 988 of the Civil Code of the Russian Federation
  • Federal Law No. 40 of 2002
  • OSAGO rules (Regulation of the Central Bank No. 431-P of 2014)

The list of reasons that serve as the basis for this procedure and for which it is possible not only to stop the authorities, but also to receive money, is limited.

This applies to the following items:

  • change of vehicle owner on the basis of an agreement (not a general power of attorney), including for exchange and donation
  • car recycling
  • liquidation of the insurer or termination of its license
  • liquidation legal entity which insured the vehicle
  • death of the insured

In the latter option, heirs can automatically count on receiving money. The law also provides other reasons. An example is the deprivation driving license. The law protects not only the rights of the insured, but also the insurers. Thus, on March 24, 2015, the Constitutional Court of the Russian Federation ruled that in the case of the initiative of the car owner, the reason for which is the sale of the car, the insurance company has the right to refuse payment at the request of the client. If an insurer goes bankrupt or has its license revoked, the situation is much more complicated.

When You Can't Cancel

This procedure cannot be performed online. It is important to submit all documents in person and receive paper confirmation of their acceptance. An alternative to the Internet can be a registered letter with a list of enclosed papers. They can also refuse if there is 1 month left before the deadline or there are reasons that are indicated in the OSAGO Rules of a particular company.

What documents are required

In different situations, when contacting a company to write an application, it is necessary to attach a certain list of documents. The main ones are:

  • original insurance policy
  • a receipt of its payment or of the contributions being made, and also if an installment plan has been issued
  • document of sale or donation, other
  • documents confirming the identity of the applicant

Additionally, depending on the situation, you should provide documents confirming the transfer of the vehicle to another person, an act of disposal or a death certificate and a paper on entry into the inheritance. The application also contains the account number to which you want to transfer money. To avoid unpleasant moments in the collection of documents, you should call the office of the company in advance and clarify all the points, complete list, which will be appropriate for a particular situation.

Sample Application

The process of termination of the contract for any company is a common thing. For this reason, most of them have already prepared forms, in which you only need to enter information about yourself and the reasons for contacting. You can compose the text yourself. After looking at the samples on the network and decree the most reliable information. At the same time, blanks will simplify the filing process. Minimize the error rate.

The main parts present in the application:

  1. Details of the parties. For individual- this is the data from the passport
  2. Policy number
  3. Explanation of the reason for the appeal and the essence of the problem
  4. List of attached documents
  5. Confirmation of the representative of the UK on the acceptance of the issued paper

Terms of contacting the insurance company

Time limits depend on the reason for the request. If this is a car sale, then you need to go and write an application as soon as possible. In this case, the period is considered not from the moment of sale, but from the moment of writing the application. If the reason is the death of the insured, theft of the car or its damage, there is no need to rush, since in this situation the date of the incident is considered.

What is the timing of the payment

You can receive money immediately after writing the application, but then you need to write in the text that the request is to return the money on the same day in cash (the current account is not indicated). If there is no need for a quick payment, the account is indicated, and the time period is equivalent to 14 days, which begin to count from the date the application was written.

It would not be superfluous to find out the list of those persons to whom the transfer can be made:

  • car owner
  • owner's heirs
  • insurer who owns the vehicle
  • the insured, if there is a power of attorney from the owner to receive this money

If the sale of the vehicle is carried out under a general power of attorney, the owner remains the owner at the same time (from the legal side), then you can not terminate the vehicle, but simply enter a new person in the policy.

How much is refundable

The calculation of the amount takes into account the period starting from the next day after the date of filing the application and until the end of the contract. If the cause was the death of the client of the company, then everything is done automatically, the date of death is the date of cancellation of the contract. To calculate the refund amount, a special formula is used:

S = (P * 0.77) * (N / 365)

P - the price of the OSAGO policy

N - number of remaining days

S - amount to be issued

Since the mandatory part of the expenses of the insurance company is 23%, only 77% can be received on hand. The deductible amount can be saved if the company has preferential rules, according to which the money can be returned in full if the period from signing the contract does not exceed the period of 3-6 months (FSSP Letter No. 56).

In practice, there were cases in which drivers returned all the money. For this, the court was involved. The “Regulation on 23%” appeared from the moment the insurance regulation was assigned by the Central Bank. This requirement was reflected in the Insurance Rules. At the same time, many experts, car owners began to disagree with such a norm, and the courts often take their side.

What to do if the insurance company refuses

A waiver may be received after a fixed period of 14 days after the submission of the application. If there is a desire to fight for your money, you should make sure that it is in writing, arguing the reasons for such a decision. At the next stage, you should contact the central office of the company and write a complaint. You can write a pre-trial complaint. It details the circumstances of the case. Perhaps a mistake was made and it can be corrected, the necessary translation can be made.

There are also cases when the insurer refuses the required payment. In such a situation, it is recommended to send an appeal to the RSA, attaching the available documents. This organization the first in the list of those who can influence the decision of the management, and in some cases oblige them to make a refund. If the UK fails to comply with the requirement, it may be expelled from the association to which it belongs. without fail. Since such a punishment has a strong impact, it may not be necessary to apply further (to the Central Bank, the court).

Under standard conditions, it is issued for a period of 1 year. In this case, the amount of the insurance premium is paid in a single payment.

Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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What should I do if the car was sold during the validity of the autocitizen? Can I get my money back for car insurance?

May be terminated early. How to terminate the contract, and what documents are required for this, read on.

What documents need to be provided

Early termination of the auto insurance contract at the initiative of the insured is possible in the following situations:

  • the insured vehicle has been sold;
  • the vehicle has been scrapped;
  • the car is stolen;
  • the owner of the vehicle has died.

To terminate the contract ahead of time, the car owner must prepare a package of documents, which includes:

  • passport or other document confirming the identity of the insured;
  • original auto insurance contract;
  • original receipt for payment of the insurance premium;
  • contract of sale of the insured car.

Some insurance companies additionally ask for a copy of the vehicle's title deed with a change of ownership mark, but such a requirement is illegal. The fact of the sale of the car can confirm the corresponding contract.

If it is terminated by car owners for other reasons, then the package of required documents changes. For example, after disposal in insurance organization you will need to provide the relevant certificate.

Drawing up an application

Termination of the OSAGO agreement is made upon a written application, to which the necessary documents are attached.

should contain:

  • the name of the insurance company to which the document is sent;
  • Full name of the insured with whom the contract was concluded;
  • details (series, number, date of issue) of a valid motor vehicle policy;
  • reason for termination;
  • method of receiving funds (receiving to the account of the insured, receiving cash at the cash desk of the insurance company or paying the insurance premium under another agreement);

If it is supposed to transfer funds to the account, then additionally indicate Bank details that need to be translated. If the remaining part of the insurance premium is credited to pay for another policy, then the details of the insurance contract are indicated.

  • list of attached documents.

The document is signed by the applicant and the representative of the insurance company. In addition to the signature, the date of compilation and the date of acceptance must be present on the application.

An application for termination of the OSAGO agreement earlier than the period specified in the agreement can be submitted:

  • in person at one of the auto insurer's offices;
  • by registered mail sent via Russian Post. The letter must be sent with acknowledgment of receipt and a detailed description of the attached documents.

The procedure for terminating the OSAGO agreement when selling a car

The procedure for early termination of the compulsory motor insurance contract is regulated (from 19.09.2014).

The docs detail:

  • situations in which there is a possibility of early termination;
  • rules for terminating an insurance contract;
  • rules for calculating and returning part of the sum insured.

Each insurance company is obliged to fully comply with the requirements of the current legislative act.

How to terminate the contract? Consider the procedure for specific examples.

Termination of the OSAGO agreement in the company Rosgosstrakh is carried out only personally at the nearest office of the company, after submitting an application with the attached documents.

The contract can also be terminated:

  • the owner of the car, which is the insured;
  • by another person acting on the basis of a power of attorney issued by the owner of the vehicle.

You can only terminate contracts that are valid for 1 year. Contracts concluded for the transportation of a car to the place of registration are not subject to termination.

For the termination procedure, you must:

  • prepare a package of documents, the composition of which depends on the reason for terminating the contract. If the termination is made in connection with the sale of the vehicle, then a passport, an insurance contract, a receipt for payment of the sum insured and a contract for the sale of a car will be required;
  • apply. The form of the document can be obtained directly from the office of the company. The application must contain only true information.

If fraud is detected on the part of the insured, the insurer has the right not only to refuse to provide the service, but also to inform law enforcement agencies.

The funds that make up the part of the unspent insurance premium, minus 23%, used to cover the costs associated with the conduct of the insurance business, are returned to the insured after 15 days from the date of application.

Funds can be transferred to the bank account of the insured (the representative of the insured). Cash payment is not provided.

To terminate the contract, it is mandatory:

  • inform the company of your intention to terminate the contract ahead of schedule by phone. An employee of the insurance organization will advise the client on the procedure and tell you what documents will be required to complete the operation;
  • prepare a package of required documents;
  • go to the office of the company and submit a written application for early termination, in which you indicate the reason for the action and the details for transferring funds.

The application can be submitted personally by the owner of the insured car or his representative acting on the basis of a power of attorney.

The unused part of the insurance premium can be transferred:

  • to the bank account of the car owner;
  • to the representative's bank account. To transfer funds to the representative's account, an additional power of attorney is required, which indicates the possibility of receiving an insurance premium. The document must be notarized.

The insurance company has 14 days to calculate the amount of refundable funds and carry out the operation.

Insurance premium refund

The return of the insurance premium is carried out within 14-15 days after the submission of the application, confirmed by the documents.

The calculation of the insurance premium to be returned is carried out according to the formula:

S = (P - 23%) * (N / 12),

23% is a part of the insurance premium, which is directed to the conduct of the insurance business, and:

For example, the cost of the policy upon purchase was 8,200 rubles. The insurance policy was purchased in October and the vehicle was sold in February.

3 days after the sale (also in February), an application was submitted to terminate the insurance contract:

S \u003d (8200 - 23%) * (7/12) \u003d 3,683 rubles 17 kopecks.

The most popular questions asked by auto insurers about refunds are:

  1. Is it possible to receive part of the insurance premium upon termination of the contract if insurance payments were made by the insurance company during the period of use of the vehicle?
    The insurance payment is paid to the car owner under the terms of the concluded contract for compulsory car insurance and is not a reason for refusing to return the insurance premium upon termination.
  2. What can be done if the funds were not transferred to the car owner at the specified time?
    First of all, you need to contact the main office of the insurance company.

Perhaps the problem of debt formation lies in the incorrect work of the accounting department of the organization.

If the insurance company refuses to refund money, then you can:

  • file a complaint with the RSA. When filing a complaint, it is necessary to describe in detail the reasons for terminating the contract and the deadlines for filing an application, as well as attach all documents to verify the information;

In the current Russian legislation and regulations insurance market, there are no clear instructions on the termination of the OSAGO contract by vehicle owners. Often the decision of the issue is transferred to the judiciary, but such cases hinder the development of the insurance market, cause irreparable harm to it, causing insurers to distrust it.

At the same time, the insured receives interest on it, legal costs, and in some cases compensation for moral damage.

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The reasons

In the life of every motorist, a situation may arise that requires early termination of the Compulsory Auto Insurance contract. civil liability, which was concluded with the insurance company.

Many policyholders are interested in the issue of the possibility of termination and return of a certain percentage of previously paid insurance premiums. The main reasons why the contract is terminated are provided for in the current normative documents by him.

The contract may be terminated in the following cases, relevant:

  • selling the car to another person;
  • disposal of the car if it has become completely unsuitable for subsequent operation and cannot be restored;
  • the death of the owner of the car, in order to receive payments under the contract, it is necessary to provide a death certificate;
  • termination of the insurance company, due to the recognition of its bankruptcy;
  • liquidation of the insured, which was a legal entity;
  • the car was stolen or lost for any reason;
  • upon revocation of the license of the insurer;
  • other cases specified by the legislation of the Russian Federation.

In all of the above cases, the current legislation makes payment when the OSAGO contract is terminated.

Moreover, the calculation of the remaining period of time during which it is valid is carried out on the basis of the date of occurrence of the event that is the reason for the early termination of the contract, namely the day following it.

The procedure for terminating the contract

AT general rules The Civil Code of the Russian Federation and the Federal Law, issued under number 40, do not contain the procedure for terminating the procedure for an OSAGO agreement, but it is given in the Government Decree for, adopted in May 2003.

To terminate the contract compulsory insurance the insured must submit a written application to the insurance company.

In it, he must indicate the policy number, personal data - the last name, first name, patronymic of the insured, assigned the state car number during registration.

The deadlines for filing an application with the insurance company are set depending on the reason for terminating the contract:

  • if the car was sold, then after the registration of the sale. If the application is not submitted on time, the insurance company has the right not to return the funds for the overdue months;
  • if the vehicle is declared unfit for use, then the date early repayment the date corresponding to the day of the accident occurred.

But insurance companies often take into account the date when the application was submitted, ignoring the prescription of the OSAGO rules.

Required documents

In order to cancel the contract, the following documents must be submitted to the insurance company, which are the basis for the procedure.

These include:

  • the original of the OSAGO insurance policy;
  • receipt for payment of the insurance premium;
  • photocopy of the passport of the insured, proving the identity of the owner;
  • power of attorney of a representative who acts on behalf of the owner, they also include heirs;
  • a photocopy of the contract drawn up during the purchase and sale transaction or a certificate of account;
  • act of disposal, if the car was scrapped.
  • a photocopy of the death certificate, in case of death of the owner;
  • a copy of the certificate certifying the entry into the inheritance of the persons to whom it was bequeathed or a certificate certified by a notary stating that the time for entry into the inheritance will soon come.

Some companies additionally ask for the following types of documents:

  • a copy of the car's passport received upon purchase, where a note is made about its new owner;
  • copy savings book with bank details.

What rules apply

The contract of compulsory motor third party liability is concluded for one year in accordance with the instructions of legislative acts.

The Rules on OSAGO noted that the offensive insured event can only be taken into account for the duration of the contract.

The insured risk is determined on the basis of it, that is, the expected event for which the insurance contract is concluded.

To insurance risk according to the provisions of the law on OSAGO, the civil liability of the car owner arises as a result of injury to the life, health or property of the affected persons, that is, upon the occurrence of an insured event.

Consequently, the conditions satisfying the termination of the contract may be related to the circumstances provided for by the provision of the Civil Code of the Russian Federation.

The termination of the contract before the end of the term is regulated by a document, the content of which sets out the model rules on compulsory civil liability insurance developed for vehicle owners.

It was approved by Government Decree No. 263 in May 2003. Another government decree establishes insurance rates and their structure.

When drawing up an application, it is better to adhere to the wording that corresponds to the content of the rules, use links to them, and provide excerpts.

Of the total amount of the insurance premium, the following are non-refundable:

  • the amount intended for payment to employees of the insurance company conducting insurance business, which is 20%;
  • deducted on a mandatory basis to the Association of Motor Insurers an amount equal to 3%.

The refundable amount is found as the ratio of the product of the remaining 77% of the total amount and the number of days the policy is valid for the number of days in a year. The recalculation of the insurance premium is made in accordance with the rules on OSAGO.

The amount of the insurance premium is directly proportional to the days remaining without application, specified in the OSAGO policy, minus 23%, which the company withdraws for the costs associated with doing business, for stationery.

Withholding is regarded as contrary to the law, since they are not provided for in any of the legislative acts. Moreover, the countdown of days starts from the next day, which follows the date corresponding to the early termination of the policy agreement.

How to return money

According to the rules of OSAGO and the Civil Code, a certain part of the insurance premium must be returned to the insured within 14 calendar days, which is counted from the day following the day the insurer's application was received by the insurer.

He does not return the entire amount, but only a certain part of it, corresponding to the unexpired term of the contract.

If the insurance company has not paid the insurance premium to the insured within the prescribed period, the insured has the right to file a lawsuit with the court. According to the decision of the court, the insurer must accrue and pay a penalty in addition to the principal amount of the payment.

Its size is calculated from the amount of the insurance premium, namely, it is 1% of it for each overdue day.

However, the amount of the penalty must not exceed the amount of the insurance premium established at the time of conclusion of the contract.

According to the instructions of the Civil Code, namely Article 958, in the event that the insured refuses to use the contract, the funds previously paid to the insurer are not returned to him back in the absence of any additional conditions provided for in it.

A wide range of car owners can apply for a refund under OSAGO. The rules governing the procedure for concluding an insurance contract for compulsory insurance of civil liability do not provide for the return of funds upon the occurrence of a state of bankruptcy of the insurer.

Also, they cannot be returned if the insurer is the initiator of the termination, provided that the insured provides incomplete or inaccurate information.

A valid reason for the return of the insurance premium is not a long non-use of the car for any reason.

Termination at the insured's initiative

The insurance company does not always break the contract, referring to the rules and the OSAGO law, if the grounds for termination are not noted in legislative acts.

However, the rules provide a list of cases when the policyholder legally has the right to terminate the contract.

These include:

  • when the license of the insurer is revoked in accordance with the provisions of the legislation of the Russian Federation and it ceases to operate;
  • there was a change in the owner of the car, as a result of its sale or purchase;
  • other cases provided for in the legislative acts of the Russian Federation.

It is the last point that contributes to the filing of a claim with the court by the insured, who, of his own free will, terminates the contract.

However, cases with a positive outcome of the trial are very rare in practice, they do not always reflect the actual state of the situation.

Initiated by the insurer

The insurer is not entitled to early terminate the OSAGO contract in accordance with the current regulations, concluded under certain conditions with the insured.

But in the internal Rules of insurance and contracts, insurance companies are trying to introduce conditions for unilateral termination at their own discretion, which they carry out without agreement with the insured in accordance with the code of law provided for in Article 958.

The insurer has the right to terminate the contract with the insured in case of revealing knowingly false or incomplete information that was submitted by him, affecting the amount of the insurance premium, that is, the price of the policy.

In this case, termination acts as a sanction applied for concealment or misrepresentation of information. For example, to reduce the cost of the policy, the working mileage is increased.

If the grounds for termination of the contract are violations of the rules by the insured, then the insurer may well terminate the relationship with him. At the same time, he makes payments, the amount of which is calculated taking into account the expenses incurred.

Termination of OSAGO when selling a car

The OSAGO agreement in the Russian Federation is mandatory for car owners - without it you cannot drive. However, it happens that the owner no longer needs the paid OSAGO policy, gathering dust somewhere on the shelf until the end of its term. Here the question arises, is it possible to terminate the contract with the insurance company ahead of schedule? It should be noted that the termination of the OSAGO agreement in advance, without explanation, is possible at any time, but at the same time, the funds spent on the conclusion will not be reimbursed.

How to get money after termination of the OSAGO contract

The client of the insurance company can get back part of the funds spent on obtaining the policy in certain cases:

  • The insurance company has been revoked. Under this condition, the policy, even if it remains in the hands of the motorist, will lose its validity. For this reason, it is necessary to terminate the contract as soon as possible, because an insurer without a license will try to recognize its bankruptcy as soon as possible. The driver has the full right to a refund, but he will not be able to demand them from a bankrupt company. It is only important that the insurance company enter into an agreement with a valid license, and then lose the latter.
  • When selling a car. After the sale of the car, the old owner will not be able to give his policy to the new one. The contract from the previous owner is concluded in his name, it will not be valid in the wrong hands. Therefore, having sold your car, it is advisable to immediately contact the insurance company and terminate the contract on the basis of the transaction. It is important to remember that the amount of compensation directly depends on the period for which the car owner applies for termination of the OSAGO contract. The countdown of the unused period of the policy begins precisely from the moment of application, and not from the moment of termination of ownership of the car.
  • After an accident or other circumstances, the car cannot be restored. Insurance is designed to compensate the owner for the money lost to repair the car. If events occurred with the vehicle that completely destroyed it, the OSAGO agreement may be considered invalid - after all, the vehicle for which the policy was issued no longer exists. In this case, the policyholder is free to terminate the contract with a refund of the money spent.
  • The owner of the car is dead. The OSAGO contract is concluded for a specific driver and a specific car, if one of the parties is absent in this scheme, the policy automatically becomes invalid. To terminate and receive compensation, relatives of the deceased can contact the insurance company with a death certificate.

Who can receive compensation

AT standard contracts OSAGO indicates a list of persons entitled to receive compensation upon termination (paragraph 34).

  • Vehicle owner;
  • The person in whose name the OSAGO agreement is concluded, provided that he is the owner of the vehicle;
  • The insured who has a power of attorney from the owner of the vehicle, certified by a notary;
  • Legal heirs of the vehicle owner.

When to Contact an Insurer

If the car owner decides to independently terminate the OSAGO agreement on one of the grounds provided for by law, the rule applies, the faster the appeal occurs, the greater the compensation.

If relatives of the deceased owner apply for compensation, urgency does not make any sense. Compensation is paid from the date of death of the owner of the vehicle, and not from the moment of contacting the insurance company.

Documents for termination of the OSAGO agreement

When applying to the insurance company, the car owner must have the following documents with him:

  • OSAGO policy and receipt of its payment;
  • A copy of the certificate of sale of the vehicle (if any);
  • Copy technical passport sold car (if any);
  • Passport of the owner of the vehicle, or a copy thereof;
  • If the car is disposed of - a certificate of deregistration of the vehicle;
  • Certificate of death of the owner (at his death).

The amount of compensation after the termination of the OSAGO contract

The car owner can calculate the amount due to be returned from the insurer even before going to the company, using the following formula:

(A-20%)*(B/12)=compensation amount.

Wherein:

  • A - the initial cost of obtaining a policy;
  • B is the number of months unused by the insurance.

This formula is also valid for cases where insurance payments have already been made.

Terms of refund

If there are grounds for paying compensation, usually there are no claims from the insurer. Often compensation is paid immediately after the provision of papers from the owner of the vehicle. If the insurance company does not practice cash payments, the client will be offered to provide his current account, to which funds will be transferred within 2 weeks.

If the payment is delayed by more than 14 days, the client can file a claim with the insurer, which will make it possible to find out the reason for the lack of payment. In most cases, compensation does not come solely due to technical delays or human error. But it happens that the insurer refuses to pay compensation under the terminated OSAGO contract on principle. If it became known for certain that after applying for termination of the contract, the insurance company is not going to pay a penalty, you should go to court.

Reasons why an OSAGO contract should not be terminated

Drivers who have an OSAGO policy and have not been involved in an accident during the entire period of its validity are entitled to bonuses. If the insurance has never been activated, a pleasant discount relies on the subsequent conclusion of the OSAGO agreement.

For example, if the car owner decides to sell his vehicle and buy a new one, and there is not much time left before the expiration date, then receiving compensation is not as profitable as receiving a discount on the purchase of a subsequent policy.

The insurer withholds 23% of the compensation

Tariffication of rates in insurance contracts provides for a premium to the insurer for conducting a transaction in the amount of 23% of the amount of payment.

Unscrupulous insurance companies sometimes try to deduct this percentage from OSAGO compensation, although we are talking about really small amounts relatively cash flow insurance company. There can be no disputes on the part of the insured - the rules for concluding OSAGO contracts and the Civil Code of the Russian Federation do not establish a percentage deduction from compensation upon termination of the contract.

Do not forget that the insurer cannot deduct 23% from the amount of compensation - otherwise the insured can safely go to court and win the case with 100% probability.

Important nuances

Why is it impossible to terminate the contract with compensation at the request of the driver?

Not all motorists are satisfied with the OSAGO law, which enshrines the right to terminate the contract with compensation in strictly defined cases. Indeed, the desire to terminate the contract may arise on the basis of many other circumstances: a citizen has temporarily stopped driving a vehicle, or he does not like the insurer company, the car has broken down, etc. Why can't you get compensation?

The rules for concluding an OSAGO agreement state that the driver has the right to terminate and receive compensation not only in the above cases, but also in others provided for by the laws of the Russian Federation. Most car owners give up on these circumstances and stick to generally accepted rules, but the most stubborn ones prove their point in judicial order. These cases are isolated, but they make it clear that the policyholder can terminate the contract and get his money back, even guided by his own desire.

Why the insured requires a copy of the TCP

Some insurers issue a requirement for the owner of the vehicle who sold his car to provide the title, where there is a mark on the new owner. This requirement is unlawful - after the sale of the car, it is enough to provide a certificate-invoice indicating the fact of sale.

Insurance companies they are well aware of the illegality of their demand, but they continue to put it forward for one simple reason. Wanting to break the OSAGO agreement, some car owners simply ask their friends to draw up a sales agreement, but the vehicle remains with the old owner. Title can reflect the true state of affairs through the record of the new owner. Nevertheless, no one can force to provide a copy of the car owner's treasured paper.

It is not always easy to terminate an OSAGO contract, and there are many ambiguous points in the laws regarding this issue, which each of the parties can interpret at its own discretion. Litigation regarding the termination of cooperation with insurers, most often end in favor of car owners, but in most cases the latter do not want to bother so much because of the modest amounts of compensation.