Standard contract compulsory car insurance(OSAGO) is concluded for a period of 1 year. During the validity period of the document, it can be terminated for a number of reasons due to the insurance rules fixed. This document was adopted in September 2020 and is still valid.

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What are the grounds for terminating the insurance contract and how to properly carry out the procedure, read on.

Foundations

The insurance contract can be terminated both at the initiative of the policyholder and the insurer.

Termination of the OSAGO contract at the initiative of the insured may be carried out in the following cases:

• The insurance company's license to carry out compulsory motor insurance has been revoked. Since this activity is subject to licensing, for violation of the rules and laws, the organization may be deprived of the right to insurance. This aspect is the reason for the early termination of the auto-citizenship;
• car sale. Since the term of the contract is 1 year, during this time there may be a number of cases related to the change of ownership of the vehicle. Termination of the OSAGO agreement in case of a change of ownership is made at the request of the policy holder;
• the car is damaged and cannot be restored, that is, a constructive loss of the vehicle occurs. This category also includes the disposal of a car, which is carried out according to the relevant state program;
• the car was stolen.

The contract for compulsory motor insurance may be terminated at the initiative of the insurance company, if during the validity of the document it is found that the owner of the policy, when concluding the contract, provided the organization with false information related to determining the degree of risk of the insurance company.

Reasons for early termination may also include:

• death of the owner of the motor vehicle;
• liquidation of the organization for which the insurance policy is issued;
• complete liquidation of the insurance company that concluded the insurance contract.

All of the above reasons are valid and entail the return of part of the unused insurance premium.

It should be noted that the owner of an auto citizen has the right to terminate the insurance contract ahead of schedule and simply to change the insurance company (this action is stipulated by the Civil Code of the Russian Federation). In this case, part Money will not be returned.

What law governs

Termination when selling a car and for other reasons is carried out on the basis of the Regulation of the Central Bank of September 19, 2020.

This document describes in detail the rules of compulsory auto insurance, which include:

• the procedure for concluding, early termination, termination and extension of the insurance contract;
• the procedure for calculating and collecting the insurance premium (payment for the purchase of a motor vehicle citizen);
• methods and rules for calculating the amount of insurance payment upon the occurrence of insured event;
• rules for sending and considering claims resulting from disputes between the parties that have concluded an insurance contract.

What documents are needed to terminate the OSAGO contract

The set of documents required for termination of the contract includes:

1. An insurance contract (an original or a duplicate of the document is provided) concluded between the parties.
2. Policy holder's passport (constituent documents and).
3. Receipt for payment of the cost of the policy.
4. A document of purchase for an insured car (depending on the situation, instead of a sales contract, a leasing contract, lease, and so on can act).
5. Documents giving the right to early termination (depending on the reason):
   • the sales contract and a copy of the TCP with the changes made about the owner;
   • conclusion of the examination of the death of the car vehicle;
   • act of disposal;
   • documents from law enforcement agencies about car theft;
   • certificate of death of the owner of a motor vehicle citizen (in this situation, documents on the right to inheritance will be additionally required);
   • liquidation document legal entity.

Before contacting the insurance company with an application for termination of the insurance contract, it is recommended to get advice from a specialist by phone. This will allow you to collect all documents in a timely manner and reduce the time spent on the procedure.

Statement

An application for termination of the contract can be submitted:

• personally by the owner of the policy (it is recommended to first make a copy of the document and put on it the signature of the employee and the date of acceptance);
• representative of the owner of the motor vehicle (for example, in the event of the death of the policyholder). The document is also recommended to be duplicated;
• by registered mail. The letter is sent with acknowledgment of receipt to the addressee.

In the header of the document, you must specify:

• the name and address of the organization to which the application is being submitted;
• Full name, address and contact phone number of the owner of the motor vehicle;
• room insurance policy.

In the body of the document, you must specify:

• date of termination of the contract;
• reason for termination;
• a request for the return of the remaining part of the insurance premium;
• bank account details for the refund.

In the application, it is also necessary to indicate the list of documents that are an application and the basis for terminating the contract ahead of schedule (which documents can be discussed above).

The end of the document is:

• Name and signature of the applicant;
• date of application;
• Full name, signature and position of the employee who accepted the document;
• date of acceptance of the document.

Rules and order

So, in order to terminate the insurance contract ahead of schedule at the initiative of the insured person, it is required:

• collect a package of documents;
• submit a written application to the insurance company indicating the reasons for the decision.

Based on the documents received, a decision is made to terminate or a justified refusal is issued.

Refusal may occur if:

• the reason indicated in the application is not the basis for the procedure;
• not provided a complete set of documents.

If the decision is made, then Insurance Company is obliged:

• within 5 days, issue a certificate containing information about the former insurance policy to the owner of the motor vehicle citizen. This document may be required when concluding a contract for next term such as when buying a new car. The form of the document is approved by Appendix 4 to, in which the rules of insurance are approved;

• within 14 days to return a part of the unused sum insured according to the details provided.

The calculation of time is from the date of application (from the date of delivery of the registered letter), so it is important to monitor this aspect yourself.

If the insurance company has not taken any action regarding the application received, the policyholder may apply to the court with a statement of claim.

In such situations, you will need a copy of the document with the date of submission and the signature of the employee who accepted the documents.

Fee calculation

The calculation of the remaining part of the insurance premium is made by a specialist of the insurance company. To check the correctness of the amount accrued for a refund, you can calculate it yourself.

To do this, you need to use the following formula:

D \u003d (R-23%) * H / 12,

D- the required amount;
R- the insurance premium paid when buying a motor vehicle citizen;
H- the number of months remaining until the expiration of the insurance contract;
23% is the amount required to cover the costs of the insurance company. It includes:
20% — direct expenses of the company (maintenance of the contract, wage employee, etc.)
3% — part of the funds directed to the RAMI for additional liability insurance.

The amount of 23% remains the same for any insurance company.

For example, the cost of a car insurance policy for 1 year was 8125 rubles. Instead of 12 months, the owner used the car for 5 months.

The refund amount will be:

D \u003d (8125-23%) * 5/12 \u003d 2,606 rubles 77 kopecks

If there is a delay in the return of funds, the insurance company is liable in the amount of 1% of the calculated amount for each day of delay.

For example, a payment of 2,606.77 was delayed by an insurance company for 20 days. The car owner must:

2606.77+2606.77/100*20=3128 rubles 12 kopecks

How is the refund

Refunds can be made:

• by crediting money to a bank account or card. To do this, the application shall indicate the full details required for cashless transfer funds;
• in cash. This method is used extremely rarely, as it requires the availability of funds at the cash desk of the organization.

If you intend to receive funds in cash, then it is recommended that this aspect be clearly indicated in the application. Refunds are made after prior agreement with the insurance company.

You can get the unused amount:

• policy holder;
• representative of the owner by proxy (most often used by legal entities);
• heirs of the owner of the policy (at death);
• person who is insured

Procedure for legal entities

Termination of the OSAGO agreement by legal entities for reasons not related to the liquidation of the enterprise is carried out according to the rules described above.

If the termination is made in connection with the liquidation of the company, then the insurance company must provide:

• extract - exclusion of the insured from the register of organizations;
• information about the liquidation provided in one of the printed publications.

Considerations for terminating a contract:

• upon liquidation of the insured, the return of part of the insurance premium is not made, since this reason is not valid;
• the date of termination of the contract is the date of liquidation of the organization - the insured;
• the contract can be terminated automatically if an employee of the insurance organization discovers the fact of liquidation of the legal entity in the media or otherwise;
• termination of the contract is formalized by an appropriate order of the directorate of the insurance company.

The OSAGO policy is a public contract and can be terminated unilaterally at any time. In the presented article, we will describe in detail what reasons may be the basis for terminating the contract, what documents are needed for this and what is the procedure.

○ Reasons for terminating the OSAGO contract.

The agreement concluded with the insurance company can be terminated at any time. The reasons for its cancellation are spelled out in the "Regulations on the rules for compulsory insurance of civil liability of vehicle owners" (approved by the Bank of Russia on September 19, 2014 N 431-P), hereinafter No. 431-P. According to him, the reasons depend on the specific features of the case:

1. Termination of the agreement does not depend on the will of its participants. This may be the case:
   • Death of one of the parties.
   • Liquidation of the insurance company as a legal entity.
   • The onset of constructive death of the car (i.e., the impossibility of recovery).
   • Car theft.
   • Other cases provided for by law (clause 1.13 No. 431-P).
2. The agreement is terminated at the initiative of the insured if:
   • The insurance company's license has been revoked.
   • The owner of the car has changed.
   • Other cases provided for by law (clause 1.14 No. 431-P).
3. The agreement is canceled at the initiative of the insurer if:
   • It turned out that the policyholder, when concluding the contract, provided incorrect information that affects the level of insurance risk.
   • Other cases provided for by law (clause 1.15 No. 431-P).

○ Why terminate the contract?

Car owners do not always begin the procedure for canceling an agreement. This is due to the fact that such actions are associated with certain difficulties and ignorance of specific features. Meanwhile, the process should be started, subject to the occurrence of any of the listed conditions. The main reason for this is the return of the unused amount of insurance, which can be a significant amount. The insurance premium is returned in each of the following cases, except:

• Liquidation of a legal entity.
• Revealing the fact of providing false information when concluding a contract.

In addition, the procedure for terminating an agreement with an insurance company is actually not very difficult if you know all its features.

○ Documents for termination.

To return the unused part of the insurance premium, you need to prepare the following package of documents:

• The original of the current contract.
• Application in the prescribed form.
• Personal passport.
• All checks and receipts evidencing payment of insurance premiums.

Depending on the specific circumstances of the case, you may need to:

• Contract of sale.
• Copy of death certificate.
• Power of attorney for the new owner of the car, in case of impossibility of his presence at the procedure for the return of funds.
• Vehicle recycling act.

This list may need to be updated. It is worth contacting an employee of the insurance company for an accurate list. Advice can be obtained by phone.

○ Compensation calculation.

The following formula is used to calculate the refund amount for unused insurance premium:

D = (P - 23%) * (N/12)

wherein:

D - quantity financial resources to be returned;

P - price insurance premium at the conclusion of the contract;

N is the number of months left until the expiration of the contract.

An example calculation looks like this:

The price of the policy is 8459, until the expiration date - 6 months. Accordingly, the calculation is as follows: (8459-23%) * (6/12) = 3257. If the number of months is less, the refund amount will be reduced accordingly.

○ How to terminate the contract?

To cancel the agreement, you need:

1. Collect a package of documents.
2. Write an application for termination.
3. Attach the current account number for transferring the refund amount (not required by all insurance companies).
4. Wait for compensation.

✔ Deadline for filing documents for termination.

In order to return unused money in case of early cancellation of the contract, it is very important to comply with the deadlines for submitting an application.

• "The calculation of the unexpired term of the contract (the period of use of the vehicle) begins on the day following the date of early termination of the compulsory insurance contract (clause 116 No. 430-P)."

However, there are some features of the calculus:

• “In cases of early termination of the compulsory insurance contract, provided for in paragraph 1.13 of these Rules, the date of early termination of the compulsory insurance contract is the date of the event that was the basis for its early termination and the occurrence of which is confirmed by documents of authorized bodies.
• In cases of early termination of the compulsory insurance contract, provided for in paragraph 1.14 of these Rules, the date of early termination of the compulsory insurance contract is the date of receipt by the insurer of the insured's written application for early termination of the compulsory insurance contract and documentary confirmation of the fact that served as the basis for early termination of the contract.
• In cases of early termination of the compulsory insurance contract provided for in clause 1.15 of these Rules, the date of early termination of the compulsory insurance contract is the date the insured receives a written notice from the insurer.

Thus, only if the grounds for termination are reasons beyond the control of the participants, one can take the time to apply for a refund. In other cases, if the deadlines are not met, you risk receiving a smaller amount or not being compensated at all.

✔ How and where to apply?

Documents for a refund are submitted directly to the insurance company. For this you need:

• Collect complete list necessary documents.
• Visit an insurance company.
• Submit an application by attaching a package of documents.

Termination procedure electronic policy has no differences, because in order to cancel the agreement, it is necessary in any case to visit the office of the company. Depending on the particular insurance company, there may be some nuances in the application process. You can find out about them personally from the insurer. But in general, the procedure is the same in most cases.

✔ Insurance solutions.

The insurance company may require additional documents to process the return, provided that this is not contrary to law. The insurer makes a decision and, if it is positive, pays out within 14 days from the receipt of the application. If the company refuses to pay the unused part of the premium, the issue should be resolved in court. The term for sending a written refusal is also 14 days.

○ Payment upon termination of OSAGO.

✔ Who can get paid?

In accordance with Article 34 federal law"On compulsory insurance ..." dated 04.25.2002 No. 40-FZ, the unused insurance premium is returned:

• TS owner.
• To the insured, provided that he is the owner of the vehicle.
• To the insured who is not the owner of the vehicle, subject to the availability of an appropriate power of attorney from the owner.
• To the heirs of the deceased insured.

Termination of the contract of auto civil liability is the termination of obligations both on the part of the car owner and on the part of the insured company. The policy can be terminated early. This can happen both on the initiative of the insured, and on the initiative, and after this procedure, all obligations are removed from both sides. Termination of the policy is governed by the following laws:

In these laws and regulations, you can find the position of each of the parties, as well as the legal grounds for its termination. Before the expiration of the MTPL policy, it can be terminated under certain circumstances, described below.

At the insured's initiative

1. When changing the owner of the vehicle (in connection with a contract of sale, donation or exchange, but not a general power of attorney).
2. When scrapping a car.
3. When the car is destroyed as a vehicle (as a result).
4. Upon the death of the owner or insured vehicle.
5. When a car is stolen.
6. Upon liquidation of the legal entity that was the owner of the vehicle.

In some cases, the insurance company refuses to terminate the contract, for example:

• when depriving the driver of the right to drive a vehicle;
• when the driver refuses to control the vehicle (age, health problems, etc.).

Very often, drivers go to court regarding refusal to terminate, based on the reason for the refusal or deprivation of rights, but arbitrage practice shows that in most cases, the court takes the side of the insurance companies, not satisfying the claim of the insured.

Initiated by the insurer

1. If incorrect information is identified that affects the level of insurance risk.
2. When identifying fake documents submitted with.

The insurance contract is terminated upon the occurrence of one of the above conditions, but as practice shows, less than half of people turn to the procedure for canceling insurance obligations. This is due to the lack of awareness of the citizens of our country with such a procedure and the procedure for its implementation.

Those motorists who knew about this procedure resorted to its implementation, thereby returning their money for the period of non-use of insurance. Insurance funds are returned in all listed cases. The possibility of obtaining insurance is excluded if the legal entity is liquidated. Also in case of termination at the initiative of the insurer campaign.

Where to begin?

People who decide to terminate simply do not know where to start. The first thing to do is to collect a package of documents.

The package of documents for terminating the insurance contract includes:

• OSAGO policy (original).
• Application for termination of insurance obligations.
• Applicant's passport.
• Receipts and checks that confirm payment of the cost of the policy and insurance premiums.

The insurer has the right to require the provision of additional documentation, namely:

• The contract of sale of the vehicle for which the policy was issued.
• Death certificate (copy).
• The act of scrapping the car or a certificate of the impossibility of its restoration.

This list is incomplete, check with the insurer for the exact list of additional documentation. This can be done in person, over the phone or online.

The procedure for terminating the contract is as follows:

How is the compensation amount calculated?

Required documents for selling a car:

• Passport of a citizen of the Russian Federation (car owner).
• Car purchase agreement.
• OSAGO policy (original).
• Vehicle registration certificate of the new owner (not all companies require).
• Checks and receipts for regular payments.

If the company does not issue cash, but works with electronic transfers, then an additional document will be the number of the bank account to which the compensation will be transferred.

Before contacting an insurance company, consult with an experienced lawyer who has dealt with similar situations. This step will help you avoid negative moments and subsequent contact with the insurance company.

If the driver has sold his car, then the sooner he applies to the insurance company with an application to terminate the contract, the greater the amount of compensation he will receive. This is due to the fact that the calculation of the amount of the balance for the OSAGO policy is made from the day the documents are submitted, and not a decision is made on them.

For example, if a car was sold in September, and the car owner applied only in November, then he will not receive payments for September and October.

In the event of the death of the owner of the car, the date of death will be the date of expiration of the contract, regardless of when the documents were submitted to the insurance company.

Order of procedure

If, due to certain circumstances (they are listed above in the article), the insured decided to terminate the contract with the insurance company, then he should come with a package of documents to the insurance company and write an application for termination of the insurance contract.

An application for termination of the insurance contract must contain the following information:

1. the name of the insurer;
2. personal data of the insured (passport data, place of registration, full name);
3. OSAGO policy number;
4. specific reasons for refusal;
5. refund request;
6. method (cash, electronic transfer);
7. list of documents attached to the application.

The application can be sent by mail, but subject to a prior call to the office of the insurer, after which you can send the application and documents by registered mail with notification of receipt.

Required documents for sending documents by registered mail:

• applicant's passport;
• OSAGO policy in the original;
• receipt or check for payment of the cost of the policy;
• other documents, the list of which depends on the reason for termination.

If the cause is the death of the owner, then a copy of the death certificate must be presented, as well as documentation that confirms the relationship of the deceased and the applicant.

If the reason is the disposal of the vehicle, then an additional document will be an act on the disposal of the vehicle issued by the traffic police. In case of impossibility (for example, when), the expert’s opinion “on the impossibility of restoring the vehicle” is attached to the main package of documents.

When a car is stolen, it is necessary to present the decision of the authorized body “on initiating a criminal case on the fact of the theft of the vehicle”. Selling a vehicle involves submitting a sales contract to an insurance company.

Cancellation of additional services

Most insurance companies, when selling an OSAGO policy, are trying to impose. These include:

1. Insurance of movable and immovable property. In this case, various situations are taken into account, ranging from car theft to flooding.
2. Passenger health and life insurance. This is one of the most expensive services provided by insurance companies, which rarely justifies itself.
3. Additional services. This includes the provision of a free lawyer in case of an accident, the departure of an accident commissioner to the scene of an accident, as well as the provision of a free tow truck in case of an accident.

Insurance companies cleverly impose such services, giving the client a bunch of arguments about their benefits. If you have included these services in your insurance, you can opt out of them.

From the beginning of 2018, the law came into force Central Bank RF, which obliges insurance companies to return the money spent by policyholders on voluntary insurance. The refund period is 14 days from the date of conclusion of additional services.

This time (2 weeks) is called the cooling period, during which the insurance company is obliged to return the money. An exception is the situation if an insured event occurred during the cooling period.

In order to terminate additional insurance, you will need the following documents:

1. application for a refund (two copies);
2. applicant's passport;
3. registration certificate of the vehicle (copy);
4. OSAGO agreement (copy);
5. additional insurance contract (copy);
6. current account number (if the payment will be made by bank transfer).

After collecting the necessary documentation, the procedure will be as follows:

1. Contact your insurance company and get a claim form from them.
2. Fill out the application and attach a package of documents to it.
3. Submit an application and a package of documents to the insurance company, insisting on registering your application as an incoming document.
4. On the second application form, which remains with the insured, a note is made on the acceptance of documents for execution.

You can return the full amount paid for additional insurance within 14 days, after which the amount will decrease every month.

Deadlines and costs

If the driver has collected and submitted a complete package of documents, then the insurance company must return the money for the termination of both the OSAGO policy and additional insurance within 14 days from the date of application.

If this did not happen, then 1% of the refund amount is automatically charged in favor of the policyholder. 23% is included in the calculation of the balance of the OSAGO policy. These funds are used to pay for the services of an insurance company and a contribution to the Union of Russian Insurers. These 23% will definitely be withheld from the amount that will be returned to you upon termination of the contract (see the article above for the procedure for calculating the balance of funds).

Conclusion

Early termination of the OSAGO contract is not a myth, but a reality. This action is regulated by regulatory legal acts of the Russian Federation. But it should be borne in mind that not in all cases, it is possible to return money for the unexpired period of using insurance.

If you decide to break off relations with the insurance company, due to certain circumstances, then carefully study this article, in which you will find answers to all your questions regarding the early termination of obligations with the insured company.

OSAGO - compulsory motor third party liability insurance, included in common system Rosgosstrakh. Obtaining this insurance policy is now mandatory for anyone who has purchased a car. It doesn't matter what class, except for special equipment like a bulldozer (then the car insurance option has some features). However, situations often arise when it is necessary to terminate the insurance contract ahead of schedule. But how to terminate the OSAGO agreement if the policy has not yet expired? First of all, you need to recommend car owners to use the services of companies that have some positive portfolio.

When is it impossible to get a refund in case of early cancellation of the auto insurance policy?

Far from perfect Russian legislation does not take into account many controversial details when a client revokes OSAGO insurance. Is it possible to terminate a car insurance contract before the deadline in principle? Of course yes. In the OSAGO system, nothing prevents the termination of the contract as such. Early termination of OSAGO is available to any car owner at any time. The client has the full right, solely at his own request, to apply for the cancellation of the insurance policy and move under the wing of another insurance office. All disputes are related to the question: how to return money for OSAGO? Is it possible to return the entire cost of the policy, or is a refund always meant only partial? This will be discussed.

And the first answer is that the client will not see money for OSAGO, that is, the client will not see money for insurance at all, if he simply terminates the contract with the insurer without good reason or without any explanation at all. This is clearly spelled out in the OSAGO rules (paragraphs No. 33 and No. 34). When terminating the contract at the initiative of the insured, a number of other circumstances apply under which the client will not be able to return the money for insurance:

• return of OSAGO when selling a car is not possible if the owner legally remains the owner of the car, and the buyer, as it were, buys the car only for his own use (i.e., sale by general power of attorney);
• if the insurer discovers that the policy was issued with violations, then he has every right to unilaterally terminate the contract without compensating the client for damages (for example, when the insured deliberately amends the data on the driving experience and performance characteristics of the car in order to reduce the price of the policy);
• it is possible that the client would like to temporarily cancel the OSAGO policy (for example, when a long departure is planned, and the owner is going to send the car to a garage or covered parking for a long time). However, Rosgosstrakh members do not support the temporary policy blocking service;
• termination of the CMTPL insurance policy without refund of the CMTPL insurance premium also takes place in case of bankruptcy of the insurance company or in case of revocation of the license from it. True, the client has a chance to return part of the money spent if he manages to apply as quickly as possible to terminate the policy even before the bankruptcy proceedings of the company start or the license is revoked.

Valid reasons for early termination of the contract

The return of insurance in case of bankruptcy or closing of an insurance company is the first stumbling block between the insurer and the insured. The OSAGO rules do not clearly state that the office, even in case of bankruptcy, is obliged to reimburse the client for the funds from the unused part of the policy. Because of this, the dispute between the parties, it happens, comes to court. But in what cases can you terminate the contract so that at the same time you can also return the money for the unused part of the insurance? Here are the following points:

1. The most common case is when they seek to return money for OSAGO when selling a car. Purchase and sale of a car in the usual manner, i.e., a complete transfer of ownership from the seller to the buyer. In this case, it is recommended to apply immediately after the sale of the car. Why? Yes, because the period from the moment when the vehicle was sold to the moment when former owner the car filed an application for termination of the OSAGO agreement, it will not be taken into account. Ideally, you should immediately contact the insurance office after the transaction in order to avoid unnecessary costs. Insurance after the sale of the car according to the standard scheme is obtained without problems. However, for those who do not want or are not able to settle legal matters with their insurer, there is an easier option - to include it in the price of the car being sold.
2. Early termination of the OSAGO contract is indisputable when a car accident occurs, causing damage to the car by at least 50%. That is, the transport is not subject to repair restoration. Or cost overhaul comes out about the same price as a new similar car. Another case is theft. If the car has not been returned to its rightful owner within a week, then you can safely apply for a refund of insurance and termination of the policy.
3. The agreement with the insurer is also terminated when the insured or the owner of the car dies. In most situations, the insured is also the owner of the car, that is, it is one person. However, it may also be that the insured is a representative of the owner and has a notarized power of attorney from him. If such a power of attorney takes place, then it does not matter with whom exactly the tragedy happened - with the owner of the car or his insured. The recipient of money in such a situation is a person who has the right to the inheritance of the deceased.
4. If the owner of the car is a legal entity, civil liability still exists. And OSAGO insurance is subject to the same rules. This means that the liquidation of a legal entity (for example, the closure of an enterprise) is, from a legal point of view, tantamount to the death of a natural person. Therefore, the refundable cash premium for the policy is also legal and is carried out according to the same rules.
5. The already mentioned bankruptcy of the insurer or the revocation of his license. It all depends on the insurance company itself. A firm that is on the verge of bankruptcy or has had problems in terms of laws is not up to paying former clients. Sometimes the company agrees to meet the requirements of the insured, sometimes it offers a smaller amount, sometimes it goes into a categorical refusal. In the latter case, if the money is significant enough, it makes sense to go to court. As practice shows, in such disputes, the courts, as a rule, take the side of the clients.

It is important to note that in the event of destruction/theft of a vehicle or death of the insured/owner, the date of termination of the policy is automatically considered the date when one of these incidents occurred.

Required documents

Of course, you will definitely need a certain package of documents. The documents for terminating the OSAGO agreement vary depending on what was the reason for canceling the OSAGO at the initiative of the client. So, what documents are needed when there is a need for early repayment of an OSAGO insurance policy? You can make a division into always mandatory and those papers that determine the reason for the early cancellation of insurance.

Mandatory under any conditions:

Any of the following documents may be required depending on the reason for terminating the insurance contract:

• not to receive the insurance difference for the sold car, if you do not provide a copy of the sales contract;
• if the car was destroyed in an accident, then you will need either a copy of the conclusion of the technical expert commission (issued by the traffic police or traffic police), or a copy of the certificate of disposal of the car (issued by the utilizer), as well as a certificate of deregistration of the car;
• a copy of the death certificate. Plus, a copy of the certificate of entry into inheritance rights or imminent entry will be automatically required here. Even if there is only one heir, you will have to wait six months until the right of inheritance comes into force, and only then the insurer has the right to give money to the heir. If there are several heirs, then the entire amount is divided equally between them. If the deceased managed to write and notarize the will, then the money will be divided according to the instructions in the will;
• a document proving the liquidation of a legal entity;
• a copy of the vehicle's passport with a record of the new owner. Legally, the office does not have the right to demand this paper, having a copy of the sales contract or at least a certificate-account in hand, but in reality it often requires. And the office needs this for insurance against cunning customers who can independently draw up a contract of sale, present it and an application, legally receive the remaining insurance difference, and the car will never be sold.

It is already easy to understand that only four categories of persons are entitled to receive funds:

• owner-insurer;
• the insurer officially representing the interests of the owner;
• heirs;
• official representatives of the heirs (a notarized power of attorney is also required).

How is the amount of the insurance return calculated?

Now the most important thing is the monetary calculation, i.e., determining the amount of the unused, unrealized part of the insurance in terms of time. The main thing is not only because we are talking about determining a specific amount to be received, but also because it is this moment that most often and most of all causes displeasure of car owners. The formula is:

B \u003d (PS - 23%) * N / 12, where:

• IN- the insurance difference received by the insured;
• PS- the total price of the policy paid by the client when purchasing it;
• 23% (23% of the PS is meant) - what the office leaves for itself (more on this below);
• N- the number of months left until the expiration of the policy.

The fact that the bill goes for months is not surprising. Just when weeks, and even more days, remain before the delay in insurance, there is no point in messing with the early termination of the contract. Moreover, if there were no insured events (accidents, for example), and there are days left before the date of registration of the new insurance, it is better to wait for the expiration of the old policy. So that when concluding a new insurance contract (it doesn’t matter, with the same or another office), the client is credited with the bonus-malus coefficient (MBM), which will make the next policy significantly cheaper. At the same time, any early cancellation of the contract resets the KBM. It is clearly seen from the formula that the more PS and N, the more B will come out. Now about the percentage. These 23% do not have a solid legal justification, although Rosgosstrakh refers here to the "mutual agreement" of the parties. This regularly causes frustration among insurers. They are laid out like this.

Currently, movable and immovable property, health and life of a person are subject to insurance against damage. Also, citizens can protect themselves from accidents through insurance. A life insurance contract is most often used when applying for a loan. Thus, banking institutions want to protect themselves from non-payment by the borrower of debt in the event of an insured event, namely, death or disability of group I. How to terminate the insurance contract (by analogy with the termination of the loan agreement) and in what cases it will be possible, we will consider in more detail.

Timing

According to civil law, a citizen who has drawn up an insurance contract has the opportunity to terminate the above agreement and return part of the unused funds in proportion to the remaining period if:

• the probability of an insured event has disappeared;
• the presence of the insured risk has disappeared according to factors that do not affect the insured event. The above factors are considered - the death of the insured property or the bankruptcy of the insurer.

You can also terminate the insurance contract ahead of schedule, without waiting for its expiration. However, if this special opportunity is not provided for in the agreement itself, then it will be impossible to return funds for the unused period.

Many policyholders expressed dissatisfaction with the imposition of an insurance contract when taking a loan, and in connection with this fact, the Central Bank introduced the concept of a “cooling off period”, starting from November 2015, when it is legally allowed to terminate the agreement.

Cooling period is a five-day period from which the calculation of the conclusion of the insurance contract begins and which is given to an individual(to the policyholder) to terminate the existing agreement. The procedure is carried out unilaterally and with little or no financial loss, if the insured event has not occurred.

The insurer carries out partial refund to the policyholder who decides to terminate the agreement ahead of schedule if the insurance contract is valid for several months. The calculation of payments is made dependent on the time that has passed since the conclusion of the document.

It should be remembered! After the "cooling off period", terminate the insurance contract it will only be possible if the above document meets the relevant criteria.

How to terminate a life insurance contract?

Taking out a life insurance policy is the most common additional service when taking a loan from a banking institution and is considered a voluntary procedure. You can terminate the contract with the insurance company by following the step-by-step algorithm of actions:

• collection and preparation of necessary documentation;
• contacting the insurance company with a written application;
• consideration of the application within a ten-day period by the insurance company;
• final termination of the insurance contract and calculation of payments.

The transfer of funds is made within a period not exceeding a ten-day period. The following list of documents must be attached to the application:

• an identity document of the applicant-insured - in the original and a photocopy;
• duplicate and original life insurance contract;
• papers confirming the legitimacy of the reasons for canceling the agreement.

An existing agreement between the insured and the insurer can be terminated during the “cooling off period” or in another period, if this condition is specified in the agreement.

By loan

When taking a loan, employees of a banking institution often impose an additional obligation to draw up a life insurance contract. In case of early termination of a life insurance contract on a loan You must notify the lending institution as well..

To terminate the agreement unilaterally, the type of signing of the document should be taken into account. Employees in a banking institution offer their customers the following ways to obtain an insurance policy:

• execution of an individual insurance policy;
• joining a collective insurance program.

In the latter case, there is a signed agreement between the bank and the insurance company. The borrower is included in this document and is considered to be insured from that moment on. The insurance payment is the payment of the relevant commission to the credit institution for the operation of joining the above program. It is not possible to terminate the agreement during the “cooling off period” in this case..

The main condition for the possibility of terminating the agreement is the presence of such a condition in the concluded agreement. The amount of money returned may not be 100 percent, since a banking institution has the right to collect personal income tax from individuals.

With voluntary insurance

According to generally accepted rules, an agreement with an insurance company can be terminated within a five-day period, which is called the “cooling off period”. Refunds are made in full if the insured event has not occurred within a given period of time.

After 5 days, the policyholder should refer to the content of the existing insurance contract. If the return of finances upon early termination is a prescribed item, then you can return the money, but not in full. To terminate the agreement, you must apply in writing to the insurance company.

The transfer of funds is carried out in proportion to the unused time with the deduction of the costs of doing business. The above costs can range from 25 to 90%. In insurance rules, there are sometimes definitions that predetermine a deduction from the amount due after cancellation, equal to the amount of payments made.

How to draw up an application to terminate the insurance contract, we will consider further.

Statement

You can terminate the agreement with the insurance organization by drawing up an application. The signed document is submitted in person to the company or sent by registered mail. A written appeal is drawn up in two copies - one remains with the applicant, the other with the insurance company.

The standard sample application must contain the following information:

• fixing without abbreviations the name of the insurance organization;
• information about the insured - full name, place of residence, passport details;
• indication of information about the life insurance contract - the number of the insurance policy, the date of signing and the date of expiration of the document;
• a description of the reason why the policyholder wishes to terminate the agreement;
• expression of a request to terminate the agreement and return the funds for the unused period;
• fixing the method of making financial payments - in cash or non-cash, by transferring to a bank account;
• date and signature.

You can download a sample application for termination of a life insurance contract. link .

Refund

If the policyholder wants to cancel the life insurance service and terminate the contract, he can use the so-called "cooling off period" over a five-day period from the date of the service. The insurance organization is required by law to comply with the above regulations.

It should be remembered!According to the order of the Central Bank, from January 1, 2018, the five-day period will be extended by two weeks.

If the decision to terminate the life insurance contract was made at the very beginning of its validity, then the refund is made in full. The main condition is not the occurrence of an insured event during this period.

After the specified 5 days, the refund is made in proportion to the unrealized insurance time. Consider the following situation:

An individual has signed a life insurance contract, the validity period is 20 years. After a five-year period, the citizen decides to terminate the agreement. 70% of paid fees are refundable.

The transfer is carried out within a maximum of 10 days after the consideration of the application and the adoption of a positive decision.

What to do if the insurance company refuses to terminate the contract?

Terminating an insurance contract is not easy. The insurance organization may refuse in the following cases:

• the application for termination of the agreement was drawn up with errors;
• the relevant condition is not fixed in the document;
• an insured event has occurred.

In some cases, the refusal of the insurance organization to terminate the agreement does not have legal grounds. In this case, you can apply with a corresponding claim to the Central Bank of Russia or solve the problem in court.

The statement of claim is sent to the arbitration judicial body with a formulated request to terminate the life insurance contract. In the case of taking a loan, after a month, you can achieve a 100% return of funds. If more time has passed, then you can only achieve a return of 50%. Within a month after the application is accepted for consideration, the court makes a positive decision to terminate the insurance contract and obliges the insurance company to make a payment.

You can download a sample statement of claim for termination of a life insurance contract.

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