Return of MTPL when selling a car: application, documents

The ever-increasing cost of OSAGO prompts owners who sold cars to return an unused portion of the insurance. An avalanche of questions hits the specialized forums and official websites of insurers. The latter without much desire to comment on this topic and even more reluctant to give recommendations. The return of compulsory motor TPL insurance when selling a car, of course, is possible, but there are a number of features that will facilitate the procedure.

Norms and rules

For the return of compulsory motor TPL insurance when selling a car, it is necessary to follow the following documents:

• FZ dated 25.04.02 in the current version of 05.2016 "On compulsory insurance of civil liability of TC owners" (Article 10);
• The rules of compulsory motor TPL insurance, developed by the Central Bank of the Russian Federation and the Regulations of the Bank of Russia (No. 431).

And some more immutable truths:

• The new owner has only ten days to renew the vehicle.
• The seller of the TS is obliged to inform the insurer of the contract of sale.
• The provision on OSAGO (clause 1.9) notifies customers of insurance companies that a change of vehicle or policyholder in OSAGO is not provided for. That is, under the circumstances described, the insurance contract terminates the legal effect. And this is the basis for repayment of MTPL insurance when selling a car.
• Insurance indemnities, whether they were independent or not, are not taken into account in case of termination of the contract.
• Documents confirming the change of ownership of the vehicle, to the presentation to the insured are mandatory.
• The contract, which was to transport the vehicle to the place of registration, can not be canceled.
• The contract can be terminated only if it was concluded for a year.

Where to begin

The return of compulsory motor TPL insurance when selling a car for a serious reason is prescribed in the rules of compulsory motor TPL insurance, paragraph 33.

The return of the unpaid insurance amount for the insurance company is very unprofitable. Therefore, experts recommend to seek help from lawyers. The procedure requires a certain set of documents. One of them is a statement. Writes his face, who signed a contract with an insurance company. The application form does not have a fixed form. Therefore, each insurance company offers its own developed form. But, in general, the application for the return of MTPL when selling a car contains the following information: passport data of the insured, data on the insured vehicle, insurance contract number. A special point is the indication of the grounds for the termination of insurance. Next, you need the requisites for transferring funds (bank name, BIC, front, correspondent and settlement accounts, etc.).

The body of the application consists of a request for the termination of the insurance contract due to the sale of the vehicle, and, as a consequence, the change of ownership. Next, the applicant must specify two amounts: which he did not have time to use, and which he made in the form of insurance premiums. The request ends with a request to return the funds to the above details.

Each application must be registered as an incoming document. Autho- rists recommend that you make a copy of the completed application, with the prescribed incoming number and the date of admission. You can apply in person, or you can by registered mail through the mail of Russia. At the same time, it is necessary to request a notice of delivery and compile a detailed inventory of enclosed documents. The second option is especially convenient if the documents are not received in the office.

If the application does not accept

Registered cases of refusal to accept the application and a package of documents for the return of insurance. Managers send clients to the head office: they, like, are not authorized to do this. It is not true. For the termination of the contract is one of the simple procedures that is formalized in any office of the insurance company. Whether it is regional, subsidiary or any other.

Documents for the return of MTPL when selling a car

They are conditionally divided into two parts. One of them - the main one, is required in any insurance company, regardless of the reason for the termination of the contract. The second, indicates and confirms that it is necessary to return the MTPL when selling a car.

The basic part includes the following documents:

• The original and a notarized copy of the passport of the client who issued the contract;
• An insurance policy that will be closed (only the original, it is advisable to keep a copy that may be needed for the trial);
• A receipt or an electronic document confirming the payment of OSAGO;
• The details of the bank and the account to which the refund will be made (actions with cash are prohibited).

The list of documents confirming the sale of the vehicle can be found in the insurance company itself. But usually it is:

• Certificate-account (if there is a sale process);
• PTS with a record of the change of ownership and a registered contract of sale.

The date of the return of the insurance premium of OSAGO when selling a car will be the day of filing a package of documents.

By the way, about the PTS. Require the original or copy of the manager SK is not allowed. Legislatively, the fact of the sale of the vehicle is confirmed by the contract of sale.

Timing

The return of motor third party liability insurance for car sales takes several working days. Each company brings this information to the client at the end of the acceptance of documents.

But the client of the UK should know that practically any procedure performed by an insurance company can not exceed 14 days. This norm is indicated in clause 34 of the Rules of Compulsory Motor Third Party Liability. Otherwise, penalties are imposed on the UK, and the amount of refund will be increased at the expense of the assigned penalty. If the insurance company delays its decision, the client can apply with a written complaint to the Central Bank of the Russian Federation (personally or through a website), to the Union of Motor Insurers or to a claim to the court (in the place of registration of the UK office). The court is very slow considering such cases, therefore, the auto experts recommend starting with the Central Bank.

In rare cases, the UK may refuse to return the amount of MTPL when selling a car. This can be affected by a number of specific circumstances.

Owners of the vehicle, hurrying to sell them faster, should understand that if the owner has already changed at the time of the return, the money will be already received by him. Automotive experts strongly recommend first to resolve all issues with the insurance company, and then draw up the vehicle for a new owner.

But for this purpose, only ten days are allocated by law. There are all reasons not to be in time, so experienced car owners advise you to take a new receipt from the new owner about the return of compensation for OSAGO and to inscribe it in the policy.

Refund is made not only to the insured

Get the remaining amount of the cost of the policy, other than the policyholder can:

• Heir of the insured, recognized by the notary;
• A legal representative from the insured;
• A legal representative from the owner;
• Heir of the owner of the TS, recognized by the notary.

Representatives are required to present a general power of attorney when applying for the return of OSAGO. And there must be a clause in it, which stipulates the possibility of conducting cash transactions.

Formula for calculating the amount of repayment

On the Internet, there are many sites offering a quick calculation of the cost of unused MTPL. But you can do it manually. There is an official formula.

It looks like this:

D = (P - 23%) x (H ː 12), where:

• 23% - the standard indicator of the UK (implied certain costs of the insurer);
• H - the number of full months before the termination of the insurance contract;
• P is the total cost of the policy;
• D is the return amount.

Interest rates are determined by a decree of the Central Bank of Russia. They are distributed as follows.

Expenses of the insurer include 3% deductions in the SAR. For what? This amount is transferred to reserve accounts, from which compensation is paid. And 2% - the current reserve, and one - guaranteed.

20% remain in the company. They go to the running costs and business management of clients. This includes the services of the policyholder, the accompanying of the insurance policy, its manufacture, the use of various equipment, wages to employees who issue documents, etc.

That is, the base for the calculation is the remaining 77%.

The date of reference is considered the date of the insured's address to the company's office. Ideal is the day of signing the contract of sale.

The auto consultants advise preliminary to make independent calculations in order to file a claim in court in case of fraud on the part of the insurance company.

A small digression

Legislatively, these same 23% are not defined anywhere. For example, the return of compulsory motor TPL insurance when selling a car "Rosgosstrakh" confirms that there is a "mutual agreement" between the parties. In any case, the situation is nervous. Now about 20% of the insurers who are going to conduct business. If the insurance contract is not terminated early, from where does the insurance company take these percentages? After all, the expenses are still the same? That is, the grounds for charging these interest on early termination are completely unclear. The question hangs in the air. If by its own calculations the amount is to be paid a large amount, it makes sense, referring to Article 958 of the Civil Code of the Russian Federation and clause 34 of the OSAGO Rules, to file a claim with the court and demand that the money paid for the policy be refunded without taking into account these 20%.

Strangely enough, most of these lawsuits are resolved by the court in a positive way, because (see above) the law does not give clear instructions for the retention of insurance companies 23%.

At the same time it will be necessary to pay the state fee. But when making an application for the return of the MTPL policy when selling a car, the amount of the state fee is registered.

Ingosstrakh offers its scheme

Customers who insured civil liability in Ingosstrakh Insurance Company, first of all announce their intentions by phone. The manager of the company clarifies the situation and gives advice, including on the package of documents required for the dissolution. Once they are ready, the policyholder comes to the nearest office, fills in the application form, which describes the reasons for termination and specifies the details for the return of part of the policy cost.

If failure, then why?

As a rule, this is a later appeal for calculating the return of MTPL when selling a car. If more than 60 days have elapsed since the sale of the vehicle, the insurance company has the right to refuse. Here it is necessary to take into account that the insurer will keep the calculation not from the date of sale of the TS, but from the date of contact with the company that issued the policy.

Also, the insurance company will refuse to pay in the event of a car sale under a general power of attorney. For legally, the owner of the vehicle remains the same.

Interesting nuances

Some insurance companies propose transferring the rest of OSAGO to a new policy. The client has the right to decide this issue.

Do I need a bonus?

But in any case, lawyers draw the attention of car enthusiasts to such a feature as the KBM. This is the bonus-malus ratio charged for safe driving. This happens only after the end of the insurance year. And, as is known, than KBM above, the greater discount waits for the insurer at purchase of the new policy.

However, with the early termination of the contract of compulsory motor TPL insurance, no matter what the reason, the bonus-malus ratio is not accrued. So it's worth thinking about. Perhaps, if there are two or three months left before the policy expires, it is better to leave the contract in force and give yourself (if there are no offenses on the road) a discount in the form of an enlarged MBM.

Is it possible to save money?

The return of motor third party liability insurance during the sale of the car can not be registered (while retaining 23%, deducted by the UK). If there is confidence in the buyer, the OSAGO is simply reissued, and the new owner returns the unused insurance. For this is a written agreement between the old and the new owner about the return of a certain amount. She is certified by a notary. You can go the other way and record the introduction of a new owner in the current policy of OSAGO by a separate item in the contract of sale. The buyer in this case writes a statement, in which he requests that he be included in a particular policy.

And, by the way, the insurer has no right to impose additional deductions, if the policy has been assigned payments for the insured events that have occurred.

And finally

The Russian Union of Motor Insurers warns car owners who sell them. There are already enough cases of fraud: the new owners of the vehicle manage to return unused insurance (paid by the previous insured) themselves. Therefore, you can not draw with the execution of documents in the UK!