OSAGO without life insurance - is it possible to purchase such a policy? This question arises among many motorists due to the fact that recently insurance companies have begun to actively offer related insurance services as mandatory: life insurance, additional motor liability insurance, etc. Let's figure out how not to overpay insurers.

Imposing additional services for car insurance

This is not the first year that a situation has developed that many insurance companies, quite large and therefore reliable, refuse to issue their clients insurance policy OSAGO without concluding an additional life and health insurance contract.

At the same time, everyone understands perfectly well that coercion to conclude an agreement is unacceptable and clearly contradicts the basic principles civil legislation, and even the provisions of the constitution.

Don't know your rights?

However, not all car owners begin to defend their rights or contact law enforcement agencies. This reluctance to “get involved” can be explained very simply: the insurance has expired, which means that you can no longer use the car, and therefore, you will either have to follow the principle, defend your right and transfer to a car for a long time public transport, or pay silently and save effort, money and time.

Such reasoning by car owners, of course, plays into the hands of policyholders who, without a twinge of conscience, take advantage of the disadvantageous position of motorists.

OSAGO: is it necessary to take out life insurance when insuring a car?

It is mandatory to take out life insurance when purchasing a compulsory motor liability insurance policy. This is exactly what most car owners think, who, willy-nilly, have to arrange a number of related services every year. These include:

• Life and health insurance, favored by insurance agents;
• property insurance, including housing or movable property in residential premises;
• undergoing a technical inspection of the vehicle only at a service station specified by the insurance company.

It is important to understand one thing: no insurance company can or should force you to enter into an unnecessary insurance contract or use certain conditions. And the proof of this is the Civil Code, the law on compulsory motor liability insurance and the Constitution of the Russian Federation.

Amendments to the legislation on compulsory insurance

As all motorists probably already know, on August 2, 2014, a large-scale modernization of the current legislation on compulsory insurance property of vehicle owners. During this modernization, the following amendments have already come into force:

1. “No alternative compensation for losses” - a participant in a traffic accident now has no right to apply to insurance company by your own choice. Now every victim must turn to his or her insurer for compensation.
2. For insurers who entered into an agreement later than August 2, 2014, the payment limits under the European protocol have been increased, that is, according to documents drawn up by participants in an accident, without inviting a traffic police officer or commissioners to the scene of the accident. It is important to note that this must be done no later than 5 days after the accident.
3. A list of banks has been established that an insurance company can contact to store its available funds.
4. The liability of a legal entity (insurance company) for the imposition of additional types of services and unjustified refusal to enter into a compulsory motor liability insurance agreement has been determined. At the same time, the amount of the fine is quite significant - 50,000 rubles.

What to do if the policyholder refuses to enter into a contract?

If you are determined to defend your rights and not pay extra to the policyholder for the imaginary benefits offered, you will have to gather your courage and act. There are several possible options developments:

1. You refuse to enter into an agreement, but ask to voice the reason for the refusal in the presence of witnesses, or record the conversation with the agent on a voice recorder, or ask for the refusal to be provided in writing. After that, you put the car in the garage and go to court to protect your rights. TO statement of claim You will need to attach the evidence of refusal you have and wait for the court’s decision. In total, this process will take about 2-3 months, but you will be able to recover from the offender moral damages (since you were forced to use public transport instead of a comfortable, beloved car), the amount of lost profits (if you earn money on this vehicle - calculated By average income for the period during which you did not have insurance), as well as the amount of actual damage (for example, the cost of driving someone else's car). The process is labor-intensive, but payments can be provided in a significant amount, and the policyholder will be forced to conclude an agreement.
2. Concluding an insurance contract and writing next to the personal signature on both copies “without life insurance (or other services), the issuance of a compulsory motor liability insurance policy was refused.” Then, with this policy, you need to contact Rospotrebnadzor, which will take measures to restore your rights. It should be understood that insurance is one of the types of services provided in our country, and therefore the policyholder will be responsible under the law on the protection of consumer rights. Consequently, you have the right not only to unilaterally, without any sanctions for yourself, terminate such an agreement, but also to receive compensation for losses incurred.
3. This method is a little dubious in practice, however, according to many car owners, it has worked repeatedly. When you contact the policyholder’s office, you accept all its terms, enter into a compulsory motor liability insurance agreement, as well as a related agreement, for example, life insurance, and a day or two later you contact the insurance company again and, on your own initiative, terminate the agreement, paying some part as a penalty insurance premium. Although here again you should think about the size of this penalty established by the company. If he strives for half the cost of the imposed service, then it would be reasonable to consider the question: is it worth terminating the contract at all? Maybe it's better to keep the insurance yourself?

Results

In general, what to do in this situation is up to you to decide. However, let's move away from this habitual way of life, when we sacrifice our interests just to “not quarrel.” It is simply necessary to defend your rights. But how to do it correctly is a completely different conversation. Don't let unscrupulous auto insurers take advantage of your gullibility or inexperience.

Today, many car owners note that using a car has become problematic, especially when the MTPL policy expires.

The fact is that when buying a car license, most drivers overpay because additional services are imposed on them.

Is this legal, is it possible to get a compulsory motor liability insurance policy without additional services, and what to do if you were forced to enter into an agreement on the terms of the insurance company?

Can an insurance company refuse to issue a car owner with compulsory motor liability insurance without additional insurance? services?

Many car owners are concerned about the question: “Is it legal to impose health and life insurance when applying for compulsory motor liability insurance?”

Referring to the legislation of the Russian Federation, paragraph 1.5 of Appendix No. 1 to the Regulation of the Bank of Russia dated September 19, 2014 No. 431-P, the owner of a vehicle (vehicle) can choose any insurer that provides compulsory MTPL insurance.

At the same time, the agent does not have the right to refuse to issue a motor vehicle license if the person refuses to enter into an agreement for additional services.

Many insurance company agents justify the refusal as follows:“We don’t have forms” or “Our management has forbidden us to issue compulsory motor liability insurance without health or life insurance.”

Remember that if an agent says such a phrase, it means that he is violating your rights. Insurance companies always have the required quantity of policies.

If you want to take out a compulsory motor liability insurance policy without additional insurances, then remember that you have every right to do so. Life insurance is voluntary, not compulsory.

Every car owner can defend their rights.

To do this, he can submit an application and a package of documents confirming the fact of refusal to issue compulsory motor liability insurance, and demand that the contract be declared invalid, to the following authorities:

1. Central Bank.
2. Rospotrebnadzor.
3. Prosecutor's office.
4. Association of insurers.
5. Federal Antimonopoly Service.

Imposing additional services when insuring compulsory motor third party liability insurance is a common practice. In accordance with the law “On compulsory civil liability insurance of vehicle owners,” the MTPL policy is a public contract.

In accordance with the Civil Code, the conditions specified in the document are the same for everyone. None commercial organization, which provides services in issuing a compulsory motor liability insurance policy, cannot refuse to issue a client an insurance contract.

If you were forced to enter into an MTPL contract (for example, you remembered it on the last day) under the conditions imposed by the insurance company, then you need to prove that this service was imposed on you.

You can do it like this:

Within 30 days, your complaint must be considered and an appropriate decision must be made.. You must be notified of its results in writing.

If you have such evidence, then, of course, the court will take your side.

How to get my money back?

If an additional service was imposed on you, but you paid for it, you can get your money back. This can be done in court or by sending a letter demanding the required amount to the insurance company of the central office.

But remember that you must provide in court all possible evidence that this service was imposed on you.

When submitting an application to the court, be sure to indicate that you need to return money for an unnecessary service, and you can also demand moral compensation.

Is life insurance mandatory for compulsory motor liability insurance in 2020? No, not necessarily.

According to Article 935, paragraph 2 Civil Code RF, life, health or property insurance is a voluntary matter for every person. Such insurance cannot be imposed on a citizen if he does not want it.

Before you go for compulsory motor liability insurance, fill out an application for refusal of the house in 2 copies, and in case of refusal to issue a policy, ask to indicate its reason on your form.

OSAGO forms can be downloaded from the RSA website http://www.autoins.ru/ru/osago/policy/

You can contact the head of the insurance company either orally or in writing.

If insurance agents refuse to accept the application, do not waste your time and nerves. Go to the post office and send your application by letter.

Be sure to attach copies of documents such as:

• driver's license;
• diagnostic card;
• PTS or STS for a vehicle.

Also include the inventory and notice in the envelope.

There may be another scenario: the insurers did not come for the valuable letter, as a result, the person sent the letter he sent is returned. The notice must include the following note: “The retention period for the letter has expired.”

Then the person has every right to go to court with a request to force the conclusion of an insurance contract.

This process is quite long, so lawyers advise not to wait until there are a few days left before the expiration of the MTPL policy. You need to submit documents in advance.

The application is written by hand. You must indicate your full name in the header. judges of a city or district court, your details: full name, telephone number, residential address.

In the application itself, you need to briefly describe the essence of the problem, for example: “I ask you to oblige the ABC insurance company to conclude an MTPL insurance agreement with me. I contacted the company on such and such a date, but they refused me, citing the lack of forms. I also sent them a valuable letter with a notification and a package of documents, but they did not come to receive it.”

As evidence, you must attach copies of documents confirming that you sent the application to the insurer by mail.

They didn’t want to issue you a compulsory motor liability insurance policy without additional services? Then, insurance companies, please pay the fine.

In fact, any insurance company whose services include issuing a motor vehicle license is obliged to issue a policy without any additional services.

Situations with the issuance of additional insurance develop this way because it is not profitable for insurance companies to deal only with compulsory motor liability insurance.

After all, this is the cheapest type of insurance.

How to refuse additional insurance under compulsory motor liability insurance?

It's important to do it right. So, you plan to go to the insurance company, knowing that they will push additional services on you. Therefore, you need to be prepared for this.

To do this, you need to print out the laws of the Russian Federation, the Decree “On OSAGO”, the law “On the Protection of Consumer Rights”.

When talking with an agent, you can refer to the fact that in case of illegal imposition of additional services or refusal to provide a car license, official will face a fine of 50 to 300 thousand rubles (according to Article 15.34.1 of the Russian Federation Code on Administrative Offenses).

From January 1, 2017, insurance companies providing motor vehicle registration services are required to provide the service for issuing compulsory motor vehicle insurance in electronic form.

In this case, no one will be able to force additional services on you.

Today, the electronic MTPL policy is sold in more than 60 companies.

By applying for a motor vehicle license online, you get the following advantages:

1. You can use the convenient OSAGO calculator.
2. Go through a quick and simple registration process.
3. Do not burden yourself with additional services, such as property, health, and life insurance.
4. You can take out a policy at any time.

Remember that if the consultant refuses to accept your application, he will be involved in administrative responsibility. Of course, if you can prove the fact of coercion in obtaining additional services when purchasing a car license.

Every car owner needs MTPL insurance, but today consumers often face difficulties when purchasing or renewing a contract. Not wanting to sell only motor vehicle insurance, insurers are trying to impose additional services for compulsory motor liability insurance in the form of life or property insurance.

At the same time, forcing people to purchase additional products when concluding a compulsory insurance contract is a violation of the law. Any consumer has the right to purchase compulsory motor liability insurance without life insurance; you just need to know how to correctly explain this to the insurance agent.

Why do companies impose unnecessary services?

Despite the recent increase in tariffs, from the point of view of insurers, the MTPL contract today costs very little.

The average payment, according to RSA, is currently equal to 55 thousand rubles, with typical cost policy 8 t.r.

Large unprofitability and huge scope for fraud in compulsory car insurance, forces insurers to look additional ways make money by selling compulsory motor insurance. To do this, parent companies oblige agents to prescribe additional services for compulsory motor liability insurance under the threat of depreciation.

In regions of the country where it is sometimes simply impossible to buy compulsory motor liability insurance without life insurance, car owners have to agree to life insurance. However, this can be avoided.

OSAGO is a public contract; the insurance company has no right to refuse its sale without objective reasons. Liability for this violation is provided for in the Code of Administrative Offenses (Article 15.34.1). According to which on individual, who unreasonably refused to issue a consumer an insurance policy, may be subject to a fine of 20 to 50 thousand rubles. For legal entities the punishment is greater - from 100 to 300 thousand rubles.

Car insurance without life insurance

So, where to buy compulsory motor liability insurance without additional insurance or how to refuse additional insurance with compulsory motor liability insurance?

By law, any insurer is required to conclude a contract with you upon first contact. To ensure that the agent does not have formal reasons to refuse to issue compulsory motor liability insurance, you need to prepare a package of necessary documents in advance.

The list of papers to be presented to the insurer when concluding a policy is listed in Article 15 Federal Law about OSAGO:

1. Application in the form approved by the Central Bank;
2. Identity card;
3. Certificate of vehicle registration with the traffic police or vehicle passport;
4. Driver's licenses of all people who will drive the car;
5. Diagnostic card confirming passing the technical inspection.

The insurance company has no right to require other documents. However, be prepared for the fact that, according to clause 1.7 of Chapter 1 of the MTPL insurance rules, the insurer may ask to show the car to draw up a pre-insurance inspection report.

If you have presented all the above documents, they cannot refuse to issue you an MTPL policy without additional services, even if you do not want to purchase additional insurance.

Otherwise, ask for the official one written refusal. The document must be drawn up on the insurer's letterhead and contain the reasons for the impossibility of concluding a contract. Usually, the requirement to issue a paper is enough for the agent to take up the issue of the policy, despite the client’s reluctance to buy additional insurance.

What to do and where to complain

If you cannot reach an agreement with the insurance company on issuing compulsory motor liability insurance without additional insurance, you can involve regulatory authorities in the dispute. Supervision of the activities of insurers is carried out Central Bank Russian Federation and the Russian Union of Auto Insurers. In addition, such actions as refusal to formalize a public contract are subject to review by the Federal Antimonopoly Service.

In order to file a complaint with the supervisory authority, compose the text of the appeal in which you indicate the essence of the complaint, namely:

1. Your contact information (full name, residential address, mobile phone);
2. The date of contacting the insurer’s office to issue an MTPL policy;
3. The name of the organization and details of the employee who refused to conclude an agreement without additional insurance;
4. Your requirements.

If possible, attach to the complaint materials proving the insurance company’s violations: video materials, audio recordings, written refusal. Next, the claim is sent to the address of the controlling organization or through the online reception.

How to terminate a life insurance contract under compulsory motor liability insurance

Don’t be upset if you were forced to buy unnecessary life insurance when purchasing compulsory motor liability insurance. In the spring of this year, the instruction of the Central Bank of the Russian Federation came into force, which introduces the so-called cooling period into insurance activities. That is, the time interval during which the consumer can terminate the imposed contract and return the money paid for insurance in full.

The document is aimed at combating coercion to purchase unnecessary policies. Previously upon termination of the contract voluntary insurance Some part of the insurance premium was withheld cash, proportional to the elapsed time.

Today all money must be returned in full. There is one condition: the application for termination of the contract must be submitted to the insurance company no later than five working days from the date of its registration.

Video: How to buy compulsory motor liability insurance without life insurance

Rules for registration of eOSAGO

eOSAGO begins to operate no earlier than 3 days after the day the application is sent to the insurer. Apply for compulsory motor liability insurance in advance to avoid interruptions in insurance.

How does OSAGO work?

The insurance company will pay the costs if the accident caused by you caused damage to the health or property of others.

What does the OSAGO policy protect against?

Compensation for damage under compulsory motor liability insurance can be made in case of damage to the health, life or property of a person injured as a result of a road traffic accident (accident). Here are a few examples of road accidents in which the owner may be liable under the MTPL policy and will have to pay for the damage caused:

• The policy owner damaged a traffic light as a result of the incident.
• The policy owner has damaged a building or structure.
• The policy owner damaged one or more other people's vehicles (cars, motorcycles, etc.).
• The owner of the policy hit a pedestrian, resulting in harm to the life or health of the victim.

Maximum amount of insurance payment

When advancing insured event The insurance company of the person responsible for the accident guarantees payment to the injured party within the following limits:

Compensation for harm caused to life or health

If you're new to driving, it might be helpful to know the differences between the two most popular auto insurance policies.

Rosgosstrakh warns

At lack of a valid policy OSAGO driver is prohibited from driving or registering a car.

Violation punishable by a fine from 500 to 800 R in accordance with Art. 12.3, 12.37 Code of Administrative Offenses of the Russian Federation.

How and when to apply for compulsory motor liability insurance

If the car is going to the place of registration of the vehicle, as well as to the place of vehicle maintenance (repeated vehicle maintenance), then you can issue an MTPL for 20 days. In the absence of a valid MTPL policy, the driver is prohibited from driving or registering a car. On our website you can buy OSAGO online.

You can extend your compulsory motor liability insurance no earlier than 2 months (60 days) before the current policy expires. An expired contract and operation of a vehicle without compulsory motor vehicle liability insurance may result in a fine. If there is a break in insurance for more than 1 year, the KBM does not change (the reduction factor for accident-free behavior is not lost).

Beware of scammers when purchasing MTPL!

When purchasing regular paper and electronic MTPL policies, there is a risk of becoming a victim of fraud. We and their plans of action!

How the price for compulsory motor liability insurance is formed

There are no discounts on OSAGO!

OSAGO is a type of insurance obligatory under Russian law, therefore its tariffs are regulated by the state and concepts such as discounts and holiday promotions cannot be applied to it. If you are offered unexpected discounts that are not related to your accident-free driving record (HDR), beware: it is most likely a scam!

Insurance rates Compulsory motor liability insurance is formed based on the results of risk analysis, statistical data and expert assessments. The insurance company sets its base tariff within the price corridor approved by law.

The cost of the MTPL contract may be influenced by the BMC (bonus-malus coefficient). It is determined for each vehicle driver individually depending on the presence or absence insurance compensation carried out by insurers in the previous period. From April 1, 2019, the BMR is calculated once a year - on April 1 and is applied throughout the entire period (from April 1 to March 31) for concluding any contract. The value of the KBM remains the same regardless of the change of insurance company.

Documents for purchasing MTPL

1. Passports of the owner and policyholder.
2. Valid diagnostic card (vehicles older than 3 years).
3. Driver's licenses of all approved drivers.
4. Vehicle Passport (PVC).
5. Vehicle Registration Certificate (VRC).

What you need to know about the diagnostic card

To apply for compulsory motor liability insurance (or electronic MTPL), every car over 3 years old must pass inspection and receive diagnostic card. Data on your passing the technical inspection is contained in the Unified Automated information system technical inspection (EAISTO) of the traffic police.

Period of use and insurance period

When using a car seasonally, select only the period of use during which you will need the car. Don't pay for the months when the car is in the garage - this way you'll save money.

Only drivers included in the OSAGO policy can drive a car! If the policyholder (and/or owner) also manages vehicle, they must be included in the list of drivers.

What is insurance class

There are 15 driver insurance classes. Each class has its own CBM (coefficient), which determines the cost of the policy. A new insurance class is assigned to the driver every year on April 1, depending on the number of insured events due to his fault.

Get insured on time

In the absence of a valid OSAGO policy, the driver is prohibited from driving a car

Simple logic

The fewer drivers in the policy and the less KBM each of them, the cheaper the policy will cost

What to do with OSAGO after purchase

The MTPL policy must always be in the car. Electronic policy You can print it on a color or black and white printer and take it with you. The e-OSAGO policy can also be provided for verification in the form electronic document(according to Article 32 of Law 40-FZ of April 25, 2002 “On compulsory civil liability insurance of vehicle owners,” as amended on October 29, 2019).

If you bought an electronic MTPL, then with a letter from Rosgosstrakh to email you will receive the following documents.

Every owner who operates it is required to purchase an insurance policy for their car. The insurance contract provides payment to the innocent party in the accident. The victim may be paid the amount of damage to property, as well as life and health.

In this case, the driver responsible for the incident will not receive anything. The question arises, can he somehow receive compensation in another way? Yes, it can. If he buys an insurance policy called CASCO. Such a document will allow you to claim all the necessary compensation not only for the innocent person, but also for the cause of the damage. But is it worth insuring your liability in this way? After all, such a service is very expensive.

It costs significantly less to take out additional life insurance only. And almost any insurance company will impose this type of compensation on its client. This is due to the lack of legal knowledge among a large part of the population.

Many drivers believe that it is mandatory to register it. That this is not just useful “just in case,” but that this is everyone’s responsibility.

Is life insurance mandatory for compulsory motor liability insurance?

Almost every insurer considers it their duty to sell life insurance when applying for compulsory motor liability insurance. Persuasive agents cite many benefits of this design. But these are only honest agents.

Unscrupulous MTPL sellers seriously claim that this is a legal requirement. In fact, this is completely untrue. OSAGO, by default, is designed to insure only liability to other road users, but it does not create additional source compensation for the culprit of the accident.

The additional life insurance service is aimed at additional protection of the interests of the policyholder. However, it does not provide for payments to any other persons. Thanks to her, the culprit can receive funds to pay for his own treatment.

No one is obliged to insure themselves. But for some reason many insurers think differently and may even refuse to obtain a policy to someone who does not want to receive insurance at a higher cost.

Every motorist who does not want his rights to be violated should always remember: in addition to the MTPL itself, he is not obliged to purchase any other services in addition to it.

Where and how to buy compulsory motor liability insurance without life insurance

What should a person do if he does not want to take out life insurance and does not want to be a victim of the arbitrariness of intrusive insurers and where he can calmly take out compulsory motor liability insurance without unnecessary additional services.

The answer to this question is very simple. He can do this at any insurance company. Even in the one that proposes to include a mandatory clause on additional services in the compulsory motor liability insurance policy. The law is the same for everyone.

There is a special procedure established by law that protects a citizen from unlawful actions on the part of insurance companies. Those who do not want to waste time protecting their rights can be advised to contact large insurance companies well known throughout the country.

They value their image very much, and their employees usually do not allow such arbitrariness. Reputation and good name are very valuable indicators for such organizations. They are unlikely to want to ruin them in pursuit of easy profits.

The maximum that their employees can express regarding additional services is a simple proposal and description of the possibilities.

But why are other insurance companies not afraid of losing their reputation and why are they so persistent in offering what they consider a mandatory life insurance product? Let's look further.

Why do insurance companies impose life insurance on compulsory motor liability insurance?

This seems pretty obvious. Insurers push life insurance because they want to make money. But why do they so boldly sell this particular product, not shying away from pointing out that they won’t issue compulsory motor liability insurance without it.

It's all about our mentality. When it comes to issues of theft or body damage, drivers still calmly allow such a situation to happen, trusting their driving skill.

But when it comes to life and health, many people think that in general, it would be nice to insure it too. Companies take advantage of this, and in order to push a hesitant consumer to purchase, they invent that purchasing life insurance is not only important, but also strictly necessary.

And many clients fall for this trick. To avoid becoming a victim of such misconceptions and your emotions, you need to carefully weigh the risks. A person with many years of driving experience who only uses a car to get to and from work is unlikely to need such insurance.

You can spend the money for much better use, rather than lining the pockets of an unscrupulous insurer.

But what to do in a real situation if the insurer is adamant? How can we achieve justice?

Where to complain when imposing life insurance on OSAGO

So, let’s say, after applying for a policy, the insurer refuses to issue compulsory motor liability insurance without purchasing life insurance services.

The most important thing is not to panic. You need to calmly explain to the insurer that he does not have the right to demand such purchases from you in accordance with the law. Realizing that you are legal knowledgeable person You are unlikely to be deceived and will issue a policy without additional problems.

If the insurer stubbornly refuses to recognize your rights, you should request a written explanation from him or record the conversation on a voice recorder.

Subsequently, this evidence will be useful when filing a complaint with one of the following competent authorities.

1. Russian Union of Motor Insurers. In fact, this is a serious organization, its undoubted advantage is the speed of work and ease of use. Just call hotline and explain the situation. In most cases you will get help quickly.
2. Federal Antimonopoly Service. It makes sense if you want to ruin the life of an insurance company. After receiving a competent complaint, the inspection body can carry out a serious inspection of the insurer. But it is much more effective to go to court to get the final result.
3. The decision of the judicial authority will oblige the insurance company to issue a policy without any additional conditions. The company cannot fail to comply with it - otherwise it will be forced to pay penalties.

By the way, for imposing additional services, the insurer, in accordance with the law, may be held administratively liable and will pay a significant fine if his guilt is established - up to 50,000 rubles.