How to get money back for compulsory motor liability insurance after selling a car in 2021: conditions, amount of compensation, payment procedure

Is it possible to return money for OSAGO?

Clauses 1.13-1.16 of the Rules for compulsory civil liability insurance of the vehicle owner provide a list of situations in connection with which it becomes possible to return money for the time during which the policy was not used:

death of the owner or person insuring the vehicle;
the insurance company has been liquidated;
the insurance company's license has been revoked;
the vehicle is lost: written off and disposed of, stolen, or lost due to another reason;
the owner of the car changes (under the purchase and sale agreement).

However, you need to know: if the owner decides to terminate the insurance contract due to third-party reasons, then it will not be possible to receive funds.

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Is it possible to get money back for MTPL insurance when selling a car?

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In what cases is it possible to return MTPL insurance?

MTPL insurance guarantees that victims of an accident will receive compensation for injury to health, damage to a car or other property. Therefore, it is necessary to have a policy for the entire period of operation of the car, and its absence will result in a fine. If you look at the MTPL Rules, you can see three grounds for early termination of an insurance contract and refund of money:

if the ownership of the car for which insurance was taken out is terminated (after registration of the purchase and sale agreement or donation with the traffic police);
if the owner has disposed of the car, or its restoration and operation after the accident is no longer possible (this fact is confirmed by certificates of disposal, opinions of experts and appraisers);
if the owner of the car died, as a result of which the car was inherited by other persons.

The issuance of a general or ordinary power of attorney is not a basis for the return of compulsory motor liability insurance.

If the car is subsequently sold by proxy, you can apply for a return only after registration with the traffic police and cancellation of ownership.

Only the person who took out the policy and paid the insurance premiums can return part of the money under compulsory motor liability insurance. The only exception is succession during inheritance, if the car has become the property of other persons. This fact is confirmed by a death certificate and a certificate of inheritance rights.

Since uniform MTPL Rules apply in Russia, returns are carried out according to the same rules in all insurance companies. If the company's insurance policy or rules provide for conditions that contradict the law on compulsory motor liability insurance, they will be declared invalid when the dispute is considered.

When it will be impossible to return the money

In some cases, it will not be possible to return the insurance under any circumstances.

Insurance returns are not allowed:

if the policy has expired (it is 12 calendar months);
if during the policy period the insurance company paid compensation to the victims, as a result the limit of compulsory motor liability insurance payments has been completely exhausted;
if the car owner has not paid the insurance premiums for issuing a policy (for example, if compulsory motor liability insurance was purchased in installments).

If payments were made to victims under the policy, but the compulsory motor liability insurance limit has not been exhausted, the insurer is obliged to satisfy the application in proportion to the balance of insurance premiums.

If the car owner has not paid the insurance premiums, the policy will not take effect. Many companies offer installment payments, so MTPL insurance will begin to apply after making the first payment. If the policyholder submits an application before the full payment of premiums, a refund will be calculated on a pro-rata basis. It is better to clarify these points in your company's insurance rules, as they may differ.

Refunds are made only for the period of time before the expiration of the policy. To do this, the insurance company will calculate a proportional part of the amount of insurance premiums. If there are grounds for receiving money, you need to contact the insurer as soon as possible. The fewer days left until the end of the policy, the less money the applicant will receive.

How to return money for KBM under OSAGO

The first step is to restore the last value of the policyholder's BMC.

After completing this procedure, the policy owner will receive a certificate of the current coefficient value, which can be found on the insurer’s website in the lists of services. This document is required when recalculating the insurance premium for the policy.

To receive a refund under the current insurance contract, you must:

Visit your insurance company in person and submit an application for recalculation of costs. A sample application is provided to the insurance company immediately at the time of the procedure.
Submit the following package of documents: identification card, insurance policy, driver’s license, vehicle certificate (COP), your bank account details. The latter can be requested from the bank in statement format.
All that remains is to fill out the received application form correctly. An insurance company employee will issue a new policy in accordance with the recalculation, reflecting all the necessary information. The monetary difference will be transferred to a bank account.

How much can you get back for compulsory motor liability insurance after selling the car?

You should not count on a refund of the entire amount that was paid by the policyholder when purchasing the policy. In the field of compulsory insurance, there is no “cooling off period”, which allows you to terminate the contract within 14 days and demand back the entire amount paid, down to the penny. Even if the policyholder initiates termination of the agreement within the first month after purchasing MTPL, he will receive only part of the funds.

“When MTPL is terminated, not the entire amount is returned, but part of it,” comments Trostin. “It is equal to the share intended for insurance compensation for the period of the contract that has not yet expired.”

This means that the amount of the insurance premium is evenly distributed over the entire policy period. And if it was purchased in April, and in November the policyholder initiates termination of the agreement, he can count on part of the insurance premium covering the period from November to the following April, that is, approximately six months.

But even in this case, the policyholder will not receive half the cost of the car insurance policy, since only 77% of the amount paid by him is used to make payments upon the occurrence of an insured event. 23% are so-called “non-refundable” funds.

Part of it is used by the insurer to pay compensation payments to the Russian Union of Auto Insurers: from this money they pay compensation for the obligations of insurance companies deprived of a license. 20% of the cost of the vehicle license is allocated to the operating activities of the company, that is, the maintenance of offices and employee salaries. When calculating the refund amount, this 23% is immediately deducted from the cost of the policy.

pixabay.com / Evgeny GoTown.ru

How to get money back for compulsory motor liability insurance when selling a car?

To receive a refund due to the alienation of a vehicle you will need:

Visit the office of the insurance company.
Submit a written application in the format “I request to cancel the MTPL agreement due to a change in the owner of the vehicle.”
In addition to the usual package of documents, you will need to attach a copy of the purchase and sale agreement for the vehicle.

It is extremely important to do this as soon as possible after the sale. Otherwise, the amount of the insurance premium will decrease with each subsequent day. In cases where a personal visit to the office is not possible, you must send a package of documents using registered mail.

When visiting the office of the insurer, you need to request a copy of the application, certified by a seal, showing the date of acceptance and the incoming number. This document is a guarantee in cases where the insurance company “loses” the application.

How to return MTPL insurance: algorithm of actions

An application for a refund must be submitted to the insurance company with which the MTPL insurance agreement has been concluded. The owner (policyholder), a representative by proxy, or an heir can submit an application and documents. The grounds for return must be documented. If the applicant submits an incomplete or unreliable set of documents, the refusal will be justified.

If a citizen needs to return money upon termination of a compulsory motor liability insurance contract, follow the following algorithm:

prepare the basis documents for contacting the insurance company (you can check with the insurer in advance what list of documents is required for a return);
you need to fill out an application addressed to the insurance company (a sample application is usually available on the insurer’s website, or it can be downloaded on the Internet);
you must submit documents to the office of the insurance company, or send them by mail (some insurers allow the submission of documents through personal accounts on their websites);
you need to wait for the results of the check, the period of which cannot exceed 14 days;
if the application is satisfied, the money will be transferred to the account specified in the application;
If payment is refused, you can appeal the decision of the insurance company.

When submitting documents in person, you need to make sure that the branch or representative office of the insurer has the authority to consider such issues. Otherwise, the application will not be considered, and it will be difficult to make any claims.

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The address of the insurance company can be found in the MTPL policy, or can be found on the website. The authority to return insurance can be delegated to a representative. For this purpose, a notarized power of attorney is issued.

What documents are needed

Depending on the grounds for filing the application, the following documents will be required to contact the insurance company:

application for termination of the insurance contract;
applicant's passport;
payment slips for insurance premiums;
a copy of the purchase and sale or donation agreement with the registration mark of the traffic police;
act or certificate of disposal of the vehicle;
expert opinion on the impossibility of restoring and operating the machine;
certificate of inheritance;
account details for transferring money.

Often, insurance companies require a copy or original of the vehicle title with a note indicating a change in ownership. However, this requirement is illegal, since it is not specified in the MTPL Rules. If you are denied payment on this basis, file a complaint immediately.

The very fact of concluding a purchase and sale or donation agreement is not the basis for filing an application for the return of compulsory motor liability insurance. The transfer of ownership is recorded through the traffic police, so the car must be deregistered before contacting the insurance company.

The insurance company has 14 days to review the documents, since compulsory motor liability insurance for individuals falls under the provisions of Law No. 2300-1 on consumer rights. After this, there are another 10 days to transfer the money to the applicant. If you have not received a response within 14 days, and the money has not been transferred in the next 10 days, you need to file a complaint, contact the financial ombudsman for compulsory motor liability insurance, or go to court.

How is the amount for OSAGO refund calculated?

You cannot return the entire amount of MTPL insurance, even if you submit an application a few days after purchasing the policy. When calculating payments to be refunded, the insurance company has the right to retain 23% of the amount of insurance premiums. This 23% is a guaranteed reward from the insurer, which is non-refundable. For the rest, the proportion will be calculated based on the calendar days remaining until the expiration of the policy.

To check the correctness of the calculation, you can request a written document from the insurance company justifying the amounts. Failure to provide a reasoned calculation is a violation of consumer rights. In such cases, the insurer will be held liable with a fine and compensation for moral damage.

The applicant can ask not only for a refund of funds under compulsory motor liability insurance, but also to offset them against the cost of a new policy. This service is beneficial to both parties. For example, if a refund application is submitted after the sale of a car, but the policyholder immediately bought a new car, he will still have to take out a policy. In this case, it makes sense to make an offset to save on the amount of insurance premiums.

How long to wait for a refund

The rules of civil liability insurance establish a maximum period for reimbursement of funds, which is two weeks from the date of termination. This is the case if the car is sold or scrapped. If the policy owner dies, the heirs will be able to receive the due compensation only after six months. If there are several, the amount is divided equally between them. Personal presence of all receivers will be required.

If the company violates the established deadline, then for each day of delay it imposes a penalty in the amount of 1% of the refund amount.

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How is the refund amount calculated?

The procedure for calculating the amount to be returned is regulated by Art. 10 clause 4 of Federal Law No. 40. In this case, the following conditions must be met:

According to the instructions of the Central Bank of the Russian Federation, 23% is withheld from the paid insurance premium - expenses for conducting business.
The share of the insurance premium is returned, calculated in proportion to the days of validity of the MTPL policy that were not used. The date of early termination of the insurance contract will vary. If the insurance company is liquidated, the contract is terminated on the date of liquidation. If the policyholder dies, the date of his death indicated in official documents. If the car is lost, for example, stolen, the termination date of the contract corresponds to the day when the loss of the car was officially recorded. If the insurer's license was revoked or the car was sold, the date of termination of the contract is the day on which the application was submitted.

As soon as you sell your car or find out that your insurance company’s license has been revoked, immediately go to the insurer’s office and write an application for the return of part of the insurance payment. The later you arrive, the less amount you will receive.

Before you apply for a refund, calculate the amount that the insurance company should return to you. If the insurer's calculations do not agree, obtain a reasonable explanation from the insurance company as to why the calculations are different, or dispute the amount offered.

Calculation of the amount to be refunded under the MTPL policy

You can consider calculating the amount to be refunded from the insurer using an example. When you took out an MTPL insurance policy, you paid 14,000 rubles for it. The contract was signed on 02/01/2021. Then the car was sold and on May 01, 2021, you submitted an application to the insurer for a refund of the unused insurance amount.

We calculate the number of unused months, with an incomplete month counted as a full one. That is, May is not taken into account in the calculation despite the fact that the application was submitted at the beginning of the month. This means that the unused period from June 2021 to February 2022 is 9 months.
We subtract 23% from the price of the MTPL policy - business management costs: 14,000 rubles. -23%=10780 rub.
We make the final calculation of 10,780 rubles/12 months*9 months=8,085 rubles.

The insurance company must return you 8,085 rubles. for the unused period of the MTPL policy. Calculating the amount to be refunded yourself is quite simple if you use the algorithm indicated above.

Money can be returned both for a paper OSAGO policy and for insurance issued electronically. In both cases, you must visit the insurer and write an application for a refund.

What to do when the insurance company refuses to refund your money?

When the insurer tries to refuse to return your money upon termination of the MTPL policy, request an official written refusal. The document must bear the company's seal and the signature of the responsible person. Next, you can contact the financial ombudsman (insurance ombudsman), Center Bank of Russia, RSA with this document. Well, as a last resort - to court. Insurers very rarely refuse to return money for unused MTPL insurance, but if this happens, you need to defend your rights.