Insurance companies that offer additional services in the form of life and health insurance in addition to compulsory motor third party liability insurance (OSAGO) violate more than one law in Russia. Therefore, the policyholder must know that he has the right to receive a policy without overpayments, and in case of imposition, the actions of insurers can be appealed in court or Rospotrebnadzor.
Which companies provide auto insurance without life insurance?
Car insurance without life insurance is a common procedure of insurance companies (IC) - members of the Russian Union of Auto Insurers. The fact is that these insurers do not contradict the law, otherwise they will be deprived of their license.
To issue OSAGO without additional services, they apply to any company that is a member of the PCA (Renaissance, Rosgosstrakh, Soglasie, etc.).
But, there is one caveat: the largest insurance companies have representative offices in most Russian cities, which can add their own internal rules. For example, in the main office located in Moscow, an employee in the insurance process does not have the right to demand additional services. But in the office of a small town they illegally impose life insurance.
Is it necessary to buy life insurance when applying for an OSAGO policy? No, as the client of the insurance company independently chooses additional insurance to the policy. And in this case, the Civil Code, the Constitution, and the Decree "On OSAGO" become the protection of the car owner.
However, there are now a fairly small number of insurance companies that offer only a policy and do not impose other paid services. These include: Alliance, Max, Svyaznoy Insurance. Approximately 80% of insurers in Russia may still try to refuse to sell auto insurance if they do not buy life insurance.
How to buy OSAGO without life insurance
Car owners continue to blame insurance companies for offering additional services when buying OSAGO and complain about the difficulties in acquiring these policies. We will tell you how to act when unscrupulous insurers evade the sale of OSAGO or impose additional services.
Imposition of additional insurances to OSAGO in numbers
RAMI continues to monitor sales of OSAGO agreements on a daily basis. First of all, in those regions where the situation with the implementation of policies is the most difficult. When the Central Bank announced the base tariffs for compulsory auto insurance changed upwards (on average by 50%), which began to operate on April 12, in most subjects of the Russian Federation there was a critical situation with the availability of these policies.
RAMI has published preliminary results of daily monitoring. For five days of April (from 6 to 10) 2015 to the union received 235 claims against insurance companies and insurance agents, almost all of them are oral: motorists call or go to the PCA office and talk about problems with sales.
Most of the claims relate to refusals to conclude OSAGO and imposition of other insurance. The largest number of complaints was registered in the Urals Federal District - 118, of which 73 relate to refusals to sell OSAGO, 38 - to the imposition of additional services, 7 - to the remoteness of branches of insurance companies. 12 applications were accepted in the Far Eastern Federal District, 27 each in the Siberian and Southern Federal Districts, and 31 in the Volga Federal District. During the specified period, the executive apparatus of the union received 4 appeals about refusing to sell the policy and 16 about imposing additional services. But, of course, not all “victims” complain to the RSA.
How insurers refuse to sell OSAGO
On the eve of the increase in rates, insurers did not want to sell policies at the previous rates and in every possible way prevented consumers from entering into compulsory auto insurance contracts. Other reasons have been added to customer complaints about long queues at points of sale and reduced working hours in firms. As before, motorists complained about attempts "shove" additional services(for example, insurance of an apartment, house, cottage, accident, life, etc.) upon purchase of OSAGO. For those insurers who do not agree to additional services, the insurers inform about the completed forms or motivate the refusal by some order of the management. Also, insurers often refuse to sell OSAGO, since allegedly there were technical failures in the AIS RSA database (a single database for OSAGO), and this is often not true.
Refusal to conclude an OSAGO agreement is illegal!
Nikolai Tyurnikov, who is the president of the gas station, claims that any refusal of the insurer to sell the policy, regardless of the reason, is considered unreasonable. OSAGO is a public contract, therefore the insurance company is obliged to conclude such an agreement with each interested client. Car owners who, when trying to purchase an OSAGO policy, come across unscrupulous insurers and the facts of imposing additional services, are usually forced to apply for the desired document in several companies. “This causes resentment among drivers only when they go around a dozen firms, and, accordingly, in this case they begin to act somehow,” says Mr. Tyurnikov.
Cases of lawful refusal in OSAGO
The PCA says that it is legitimate to refuse to sell OSAGO in a situation where the insurer has run out of policy forms and it is impossible to get additional ones, since it has exhausted the quota for them. Also, the refusal is considered legitimate if the consumer has not submitted the entire package of necessary documentation or it does not meet the requirements. If the insurance company explains the situation by the exhaustion of the quota, the client is recommended to ask her for a reasoned response in writing, which must subsequently be sent to the Central Bank or the PCA.
What to do if additional insurance is imposed on OSAGO
“If the insurance company still does not want to sell OSAGO, this needs to be fixed somehow. Can be sent to the insurance company application for an insurance contract in the prescribed form. This is done by mail with acknowledgment of receipt. This will provide an opportunity to prove that the company received your application. The fact of refusal to sell the policy in the office itself, it is possible to confirm using audio, photo or video devices. These tools should make it possible to identify the circumstances and place of the failure, as well as determine the exact date and time, ”the PCA explains.
How to record a refusal to sell an OSAGO policy
Mr. Tyurnikov says that insurers do not give written refusals. That's why it is enough to record the fact of refusal to sell the policy or the imposition of additional services witness statements (in writing with the contact information of witnesses) and video or audio recording. Next, you need to write an application to the Central Bank. “The regulator will not consider whether there is enough or not enough evidence. There is confirmation - everything, an instant fine. Therefore, it is better to visit one insurance company with a witness (acquaintance, friend) than to run around many organizations alone, encountering a problem, ”he recommends and recalls that for refusing to implement an OSAGO policy, the insurer faces sanctions - a fine of 50,000 rubles. “If they refuse a hundred clients, they will accordingly pay a fine of 5,000,000 rubles,” the expert emphasizes.
Be careful when recording photo and video evidence
Vyacheslav Golenev, Senior Associate at the Moscow Bar Association Zheleznikov & Partners, believes that video recording is unacceptable in disputes with insurers, since article 152.1 of the Civil Code of the Russian Federation states that the publication and subsequent use of a person’s image (including his photo, video recording or works of art on which he is depicted) is allowed only with the consent of this person. “This also applies to employees of the insurance company,” he adds.
What is an imposed service
Igor Yurgens, head of the RSA and ARIA, believes that it is often difficult to separate service imposition and cross-selling. He considers abuse situations in which a condition for concluding an OSAGO agreement becomes a condition to buy another policy for a different type of insurance or another service. (It must be remembered that not only another type of insurance can be imposed, but also a technical inspection and even a requirement to wash a car for a couple of thousand.) activities and legal requirements,” the expert warns.
Where to go if the insurer refuses to sell the OSAGO policy
Today, many car owners note that it has become problematic to use a car, especially when the OSAGO policy expires.
The fact is that when buying an auto-citizenship, most drivers overpay, because additional services are imposed on them.
Is this legal, is it possible to get an OSAGO policy without additional services, and what to do if you were forced to conclude an agreement on the terms of an insurance company?
Can an insurance company refuse to issue an OSAGO to a car owner without additional insurance? services?
Many car owners are concerned about the question: “The imposition of health and life insurance when applying for OSAGO is legal or not?”.
Referring to the legislation of the Russian Federation, clause 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 (V) can choose any insurer that provides compulsory OSAGO insurance.
At the same time, the agent does not have the right to refuse to issue a car citizen if a person refuses to conclude an agreement for additional services.
Many insurance company agents justify the refusal as follows:“We don’t have forms” or “Our management forbade us to issue OSAGO without health or life insurance.”
Remember that if an agent utters such a phrase, it means that he violates your rights. Policies in insurance companies are always available in the required quantity.
If you want to take out an OSAGO policy without additional insurance, then remember that you have every right to do so. Life insurance is voluntary, not mandatory.
Each car owner can defend his rights.
To do this, he can apply with an application and a package of documents confirming the fact of refusal to issue an OSAGO, and demand that the contract be declared invalid, to such authorities:
- Central bank.
- Rospotrebnadzor.
- Prosecutor's office.
- Association of insurers.
- Federal Antimonopoly Service.
The imposition of additional services for OSAGO insurance is a common practice. In accordance with the law "On Compulsory Civil Insurance of Vehicle Owners", an OSAGO policy is a public contract.
In accordance with the Civil Code, the conditions prescribed in the document are the same for everyone. No commercial organization providing services in issuing an OSAGO policy can refuse to issue an insurance contract to a client.
If you were forced to conclude an OSAGO agreement (for example, you remembered it on the last day) on the terms that the insurance company imposed, 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 made.. You must be notified of the results in writing.
If you have such evidence, then, of course, the court will take your side.
How to return money?
If an additional service was imposed on you, but you paid for it, you can return the money back. This can be done in court or by sending a letter with the collection of 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 filing an application with the court, be sure to indicate that you need to return the money for an unnecessary service, and you can also demand moral compensation.
Is life insurance mandatory for OSAGO in 2020? No optional.
According to article 935, paragraph 2 of the Civil Code of the Russian Federation, 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 OSAGO, fill out an application for refusal at home in 2 copies, and in case of refusal to issue a policy, require you to indicate its reason on your form.
OSAGO forms can be downloaded on the PCA website http://www.autoins.ru/ru/osago/policy/
You can contact the head of the insurance company either verbally or in writing.
If insurance agents refuse to accept the application, but do not waste time and nerves. Go to the post office and send the application in a valuable letter.
Be sure to include copies of the following documents:
- driver's license;
- diagnostic card;
- PTS or STS per vehicle.
Also put the inventory and notice in the envelope.
There may be another version of events: the insurers did not come for a valuable letter, as a result, the letter sent by him is returned to the person. The notice should have a note: "The expiration date for the letter has expired."
Then the person has every right to apply to the court with a request to compel the conclusion of an insurance contract.
This process is quite long, so lawyers advise not to wait until a few days are left before the expiration of the OSAGO policy. Documents must be submitted in advance.
The application is written by hand. In the header you need to indicate the full name. judges of the city or district court, your details: full name, phone 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 OSAGO insurance contract with me. I applied to 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, copies of documents confirming that you sent the application to the insurer by mail must be attached to the application.
You did not want to issue an OSAGO policy without additional services? Then, insurance companies, be so kind as to pay the fine.
In fact, any insurance company whose services include issuing a car citizen is obliged to issue a policy without any additional services.
Situations with the issuance of additional insurance develop as follows, because it is unprofitable for insurance companies to deal only with OSAGO.
After all, this is the cheapest type of insurance.
How to refuse additional insurance for OSAGO?
It's important to do it right. So, you plan to go to the insurance company, knowing that they will impose additional services on you. Therefore, you need to be ready for this.
To do this, you need to print 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 if you illegally impose additional services or refuse to provide a car citizen, the official will face a fine of 50 to 300 thousand rubles (according to Article 15.34.1 of the RF Code of Administrative Offenses).
From January 1, 2017, insurance companies providing services for issuing a motor vehicle citizen are required to provide the service of issuing OSAGO in electronic form.
In this case, no one will be able to impose additional services on you.
Today, an electronic OSAGO policy is sold in more than 60 companies.
Applying for an auto-citizenship on the Internet, you get the following benefits:
- You can use the handy OSAGO calculator.
- Go through a quick and easy registration process.
- Do not burden yourself with additional services, such as property, health, and life insurance.
- You can apply for a policy at any time.
Remember that if the consultant refuses to accept your application, he will be held administratively liable. Of course, if you can prove the fact of coercion in the design of additional services when buying an auto citizen.
OSAGO without life insurance How quickly and easily can such a policy be issued? Recently, this issue has been of concern to many motorists, which has resulted in the fact that insurers have begun to actively impose additional insurance services as mandatory: life, property, housing, etc.
Additional services when applying for OSAGO.
Very often a situation arises that various insurance companies, and quite large and reliable ones, often refuse their customers to conclude an OSAGO agreement without concluding an additional one. services.
Attention: to force the conclusion of an OSAGO contract is illegal and any refusal of the insurer from his direct duties is contrary to the basic provisions of the constitution and the principles of civil law. Despite numerous cases refusals to issue an OSAGO policy without life and health insurance, car owners very rarely begin to defend their rights or apply to law enforcement agencies. Motorists simply do not want to "get involved." These arguments of motorists play into the hands of insurance agencies that take advantage of the disadvantageous position of car owners, impose additional services on them and often refuse to issue an OSAGO policy without additional. insurance. You can calculate the cost of OSAGO using the OSAGO calculator.
Optional additional services when applying for OSAGO.
- Life and health insurance;
- Insurance of property, property in a dwelling or housing;
- Passage of the vehicle exclusively at the service station indicated by the insurance company.
Attention: no insurance company has the right to impose or force you to conclude an additional insurance contract or use certain services. The proof of this is the Civil Code, the law on OSAGO and the Constitution of the Russian Federation.
Amendments to the law on OSAGO dated August 2, 2014.
- “No alternative compensation for losses” - a participant in an accident now has no right to apply to an insurer of his own choice. For compensation, each victim must apply specifically to his insurance company.
- Insurance companies, contracts with which were concluded later than August 2, increased the limits of payments under the European protocol (documents that are drawn up by participants in an accident, without the participation of traffic police officers or commissioners). It is necessary to draw up a European protocol no later than 5 days after the accident;
- Now there are a number of banks that an insurer can apply to to store their free funds;
- Legal responsibility established. person (insurer) for coercion and imposition of additional types of services, as well as unreasonable refusal to conclude an OSAGO agreement. A rather tangible amount of the fine was also determined - 50,000 rubles.
If the insurance company refuses to conclude an OSAGO contract.
In cases where the insurance company refuses to conclude an OSAGO agreement, ask to voice the reason for the refusal in front of witnesses, or alternatively, record the conversation with the insurer on a voice recorder, or demand to provide a refusal in writing. If you still manage to do any of the above, then feel free to go to court to protect your rights. Evidence of refusal must be attached to the statement of claim and the decision of the court must be awaited. The process is long, about 2-3 months, but in the end you will be able to recover moral damages from the insurance company (for the forced use of public transport instead of a personal car). The process may require some effort, but the payoffs can be substantial;
You can also write a complaint to the regional offices of the FAS (Federal Antimonopoly Service) and / or the Financial Consumer Rights Protection Service of the Central Bank of Russia. If you wish, you have the right to demand that the life and health insurance contract imposed on you be declared invalid and that the money be returned to you.
Recently, complaints from Russians about companies that sell autocitizen policies have become more frequent. It is almost impossible to buy OSAGO without life insurance. In addition to the fact that since October 2014 the Central Bank has changed the tariff, insurers still refuse to sell a clean policy. How to be in such a situation?
The essence of the problem
In total, there are 104 insurance companies in Russia that have a license to sell OSAGO. Is it mandatory for this service? By law, no. Nevertheless, it is impossible to buy a policy "from the wheels". Most often, employees refer to the lack of forms. This argument is immediately rejected by the PCA: insurers have no problems with documents and cannot be. Some companies do not issue a clean policy without an appointment, the queue in which lasts two or three months. As a way out of the situation, they offer to buy several insurances at once. At the same time, expenses increase by 2-2.5 times. This situation does not suit many Russians. Although some agree to overpay a few thousand in order not to stand in line to receive the form.
Cause
The unwillingness to give OSAGO without life insurance did not appear out of the blue. This decision was prompted by the losses that arose due to the extension of the law on consumer protection to the insurance market. The number of appeals of dissatisfied customers to the court has increased. The profitability of companies has dropped sharply.
Financial results
In 2014, 102 companies collected MTPL premiums in the amount of 150 billion 292 thousand rubles, which is 11.2% more than in 2013. During the same period, payments amounted to 88.816 billion rubles. An increase in the tariffs of the Central Bank played a significant role in this. So, from 10/01/2014, the minimum cost of an OSAGO policy is 2,440 rubles, and the maximum is 2,574 rubles. At the same time, the amount of payments also increased: for property damage - 400 thousand rubles, for damage to life and health - 500 thousand rubles.
Critical market situation
The PCA believes that the increase in tariffs will be crossed out by the difficult economic situation. An increase in the average payout will force companies to leave the market. Many people leave high-loss regions because of high risks. In their place come unscrupulous insurers. Car owners do not yet feel a big difference, as they receive payments from the fund. But if the PCA disappears, then showdowns on the roads will return.
Payment under a contract concluded in one insurance period may occur in another. In this case, companies form reserves. They are taken into account when determining the financial result, but not as profit. Conscientious market participants are forced to compensate for the losses of bankrupt companies. In addition, part of the premiums is returned to the insured. Therefore, it is incorrect to calculate the financial result as the difference between the premium and the payment.
Power on the client side
FAS joined the work. By the beginning of 2014, the organization received more than 700 complaints against 20 companies from 46 regions of the country that impose life insurance. OSAGO is the hardest to buy in Rosgosstrakh, the largest player on the market. In the Sverdlovsk region, a criminal case has already been opened against the company for abusing the provision, which threatens with a fine in the range of 1-15% of the OSAGO fees. In 2012, this figure amounted to 1.6 billion rubles.
FAS also conducts explanatory work. All who apply to the inspection are sent a memo on how to deal with arbitrariness. In particular, one of the ways is as follows: if the company refers to the lack of forms, it is necessary to send a registered letter (no later than one month before the expiration of the policy) with a notification in which to set out a request to conclude a new contract. The insurer has no right to refuse.
Alternatives
In IDGC you can buy lives, but on condition that the client has a copy of the vehicle owner's passport. According to the law, the following documents are required for issuing a policy:
1. Application for the conclusion of the contract.
2. Passport (for individuals) or certificate of state registration of a legal entity.
3. Driver's license.
4. Passport of the vehicle.
5. Diagnostic card, which confirms the passing of technical inspection.
In some companies, morning hours are set aside for customers from the street. In particular, in "RESO-Garantia" you can buy OSAGO without life insurance, having previously stood under the office for more than one day. According to customer reviews, one person is served per hour. According to statistics, this procedure takes 30 minutes. This time is enough to sign the papers and see the car. By law, the insurer has the right to do so. Another issue is that, at the request of the client, the inspection should be carried out at the place of his residence. You can, of course, buy OSAGO without life insurance and without having a diagnostic card with you. But not everywhere. And it will cost 800-900 rubles more. The queue in the companies is scheduled for several months in advance. You can speed up the process in a similar way - by purchasing several policies at once.
Why do you need life insurance?
The product itself is very useful. It gives a certain guarantee that in the event of an accident, all expenses for treatment and restoration of health will be paid by the insurance company. But in Russia this service is purely voluntary. Compulsory life insurance under OSAGO is not spelled out in the federal law of the same name. Therefore, numerous lawsuits by car owners on the misconduct of companies have had a result. In addition to making a positive decision, the Supreme Arbitration Court imposed a fine on the violator in the amount of 50 thousand rubles. Rosgostsrakh suffered the most.
Central Bank sanctions
At the end of May 2015, the regulator imposed restrictions on the license issued to Rosgosstrakh. Companies were prohibited from entering into new OSAGO agreements or changing existing ones. In this case, the insurer must fulfill obligations under previously signed documents.
Despite the ban, employees offer to come to the office to conclude an OSAGO agreement. Individuals can apply for a policy directly on the site. The Central Bank explained the ban by massive violations by the company of the current legislation, in particular, the refusal to accrue a break-even discount to customers, the imposition of additional services.
What is fraught with the absence of autocitizen?
The Federal Law “On OSAGO” states that the owner of a vehicle is obliged to insure his civil liability within 10 days from the date of purchase. For violation of this period, a fine of 8 thousand rubles is threatened. By the way, OSAGO with additional markups is cheaper. In addition to the fact that without a policy you will only get to the first traffic cop, you will also not be able to cross the border of the country. In the event of an accident, all claims of the traffic police officers (in particular, regarding the driver’s lack of a policy) will have to be appealed through the courts. But it’s better not to take risks and find out in advance how to issue OSAGO without life insurance.
Preparation
You need to start dealing with the issue of issuing a policy not a day or two before the end of the contract, but a couple of months. As practice shows, solving the problem “from the wheels” will cost several times more.
First you need to sign up to apply to five or six companies at once - for different times. First of all, contact the insurer from whom you received the previous policy. There is a small chance to issue a new one without additional markups.
Then you need to prepare the vehicle for viewing. Although, according to the law, registration of OSAGO without life insurance is carried out with a diagnostic card, which confirms the fact of passing a technical inspection, many companies do not accept it, requiring an individual examination. They really have a right to it. Therefore, it is worth at least washing the car first.
On "X-day" to appear at the appointed time. Even if three meetings fail, there will be someone at one. It is highly likely that no one will look at the car at all, but they will immediately write out a clean policy.
This is the cheapest, but at the same time long option.
Method two - use the mail service
An application for a policy can be written not only at a branch of an insurance company. It can also be sent by registered mail with acknowledgment of receipt to the address of the main office. In this way, it is advised to use the FAS. Having received a notification from the mail that the parcel has been delivered, you can go to the office and draw up a contract. Then the employees simply will not be able to refer to the fact that the papers will be considered for a month, or that "you are not in the database."
How to buy OSAGO without life insurance: an option for extreme sportsmen
No matter how many policies a person draws up at the same time, a payment order for each of them is issued separately. If you are not afraid of a long showdown with the company's security service (it is usually located in central offices) or employees, you can use this option. First, agree to the offer to buy OSAGO along with any other type of insurance. Wait until the employee completes both forms and writes out the payment. And then sign only a receipt for payment of OSAGO, and on the account of the second policy, you can say that you have changed your mind. Agree to all threats to call the police. Better yet, call the office yourself. Upon the arrival of law enforcement agencies, the work of the branch will be suspended until the circumstances of the case are clarified. It is advisable to immediately conduct covert video filming, so that if questions arise, you can prove your case.
Conclusion
The desire of companies to make more profit is understandable, as is the refusal of customers to pay for services they will not use. It is realistic to issue OSAGO without life insurance in Russia, but it will take a lot of time. Therefore, it is worth starting preparations in advance: select 5-6 companies, put the car in order and receive the coveted policy in 2-3 months.
