CMTPL return when selling a car: application, documents

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The ever-increasing cost of OSAGO encourages owners who have sold cars to return the unused part of the insurance. An avalanche of questions falls on specialized forums and official websites of insurers. The latter are reluctant to comment on this topic and are even more reluctant to make recommendations. Of course, it is possible to return OSAGO when selling a car, but there are a number of features that will make the procedure easier.

Rules and regulations

To return OSAGO when selling a car, you must be guided by the following documents:

• FZ of April 25, 2002 as amended on May 5, 2016 "On Compulsory Insurance of Civil Liability of Vehicle Owners" (Article 10);
• OSAGO Rules developed by the Central Bank of the Russian Federation and Regulations of the Bank of Russia (No. 431).

And morea few hard truths:

• The new owner has only ten days to re-register the vehicle.
• The seller of the vehicle is obliged to inform the insurer about the completed contract of sale.
• Regulations on OSAGO (clause 1.9) notifies clients of insurance companies that the change of vehicle or policyholder in OSAGO is not provided. That is, under the described circumstances, the insurance contract terminates its legal effect. And this is the basis for a refund of OSAGO when selling a car.
• Insurance benefits, whether they were or not, are not taken into account in the event of termination of the contract.
• Documents confirming the change of the owner of the vehicle are required to be presented to the policyholder.
• The contract, which was concluded for the transportation of the vehicle to the place of registration, cannot be terminated.
• You can terminate the contract only if it was concluded for a year.

Where to start

The return of OSAGO when selling a car for a serious reason is prescribed in the OSAGO rules, paragraph 33.

The return of the unspent amount of insurance for the SC is very disadvantageous. Therefore, experts recommend seeking legal advice. The procedure requires a certain set of documents. One of them is a statement. It is written by the person who concluded the contract with the insurance company. The application form does not have a prescribed form. Therefore, each insurance company offers its own developed form. But, in general, an application for the return of OSAGO when selling a car contains the following information: passport datapolicyholder, details of the insured vehicle, number of the insurance contract. A special point is the indication of the grounds for terminating the insurance. Next, you will need details for transferring funds (name of the bank, BIC, personal, correspondent and current accounts, etc.).

The body of the application itself consists of a request to terminate the insurance contract due to the sale of the vehicle, and, as a result, the change of ownership. Next, the applicant must indicate two amounts: which he did not have time to use, and which he paid in the form of insurance premiums. The application ends with a request to refund funds to the details indicated above.

Each application must be registered as an incoming document. Auto lawyers recommend issuing a copy of the completed application, with the incoming number and date of receipt. You can apply in person, or by registered mail via Russian Post. In this case, it is necessary to request a notification of delivery and draw up a detailed inventory of the attached documents. The second option is especially convenient if documents are not accepted at the office.

If the application is not accepted

Registered cases of refusal to accept an application and a package of documents for the return of insurance. Managers send customers to the head office: they are not supposed to be authorized to do this. It is not true. For termination of the contract is one of the simple procedures that is formalized at any office of the insurance company. Be it regional, affiliated or whatever.

Documents for the return of OSAGO 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 terminating the contract. The second one indicates and confirms that a CMTPL return is required when selling a car.

The basic part includes the following documents:

• original and notarized copy of the passport of the client who executed the contract;
• an insurance policy to be closed (only the original, it is advisable to keep a copy for yourself, which may be needed for litigation);
• receipt or electronic document confirming the payment of OSAGO;
• details of the bank and 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:

• reference-account (if the sale is in progress);
• PTA with change of ownership record and registered sales contract.

The date of return of the CMTPL insurance premium when selling a car will be the day the package of documents is submitted.

Speaking of PTS. The IC manager has no right to demand its original or copy. Legislatively, the fact of the sale of the vehicle is confirmed by the contract of sale.

Timing

The return of OSAGO insurance when selling a car takes several business days. Each company communicates this informationto the client at the end of the acceptance of documents.

But the IC client should know that almost any procedure performed by an insurance company cannot exceed 14 days. This norm is specified in paragraph 34 of the OSAGO Rules. Otherwise, pen alties are imposed on the UK, and the amount of the refund will increase due to the assigned pen alty. If the insurance company delays its decision, then the client can file a written complaint with the Central Bank of the Russian Federation (in person or through the website), with the Union of Auto Insurers or with a statement of claim to the court (at the place of registration of the IC office). The court is very slow in considering such cases, so auto lawyers recommend starting with the Central Bank.

In rare cases, insurance companies may refuse to refund the amount of OSAGO when selling a car. This may be affected by a number of specific circumstances.

Vehicle owners who are in a hurry to sell them faster should understand that if the owner has already changed by the time the refund is paid, then he will receive the money. Auto lawyers strongly recommend that you first resolve all issues with the insurance company, and then register the vehicle for the new owner.

But only ten days are allotted for this by law. There is every reason not to be in time, so experienced car owners are advised to take from the new owner a receipt for the return of compensation for OSAGO and enter it into the policy.

Return is issued not only to the insured

To receive the remaining amount of the cost of the policy, except for the insured can:

• heir of the insured, recognized by a notary;
• legal representative frompolicyholder;
• legal representative from the owner;
• heir of the owner of the vehicle, recognized by a notary.

Representatives need to present a general power of attorney when applying for a CMTPL return. Moreover, it must necessarily contain a clause stipulating the possibility of conducting monetary transactions.

Formula for calculating the refund amount

There are many sites on the Internet that offer a quick calculation of the cost of unused OSAGO. But you can do it manually. There is an official formula.

It looks like this:

D=(P - 23%) x (N ː 12), where:

• 23% - standard IC rate (certain costs of the insurer are implied);
• H - the number of full months until the end of the insurance contract;
• P - the full cost of the policy;
• D - refund amount.

Interest rates are determined by the decree of the Central Bank of the Russian Federation. They are distributed as follows.

The insurer's expenses include a 3% deduction in the PCA. For what? This amount is transferred to reserve accounts from which compensation is paid. Moreover, 2% is the current reserve, and one is guaranteed.

20% remain with the company. They go to running costs and managing clients' affairs. This includes servicing the insured, maintaining the insurance policy, its production, the use of various equipment, wages for employees who draw up documents, etc.

That is, the remaining 77% are the basis for the calculation.

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

Auto lawyers advise you to make preliminary calculations on your own, so that in case of fraud by the insurance company, file a lawsuit.

A small digression

These 23% are not legally defined anywhere. For example, Rosgosstrakh confirms the return of OSAGO when selling a car by the fact that there is a “mutual agreement” between the parties. Either way, the situation is tense. Now about 20% going to the conduct of the insurer's business. If the insurance contract is not terminated ahead of schedule, where does the insurance company take these percentages from? After all, the costs seem to be the same? That is, the grounds for charging these percentages in case of early termination are completely unclear. The question is up in the air. If, according to your own calculations, a large amount should be paid, then it makes sense, guided by Article 958 of the Civil Code of the Russian Federation and paragraph 34 of the OSAGO Rules, to file a claim with the court and demand the return of the funds paid for the policy without taking into account these 20%.

Oddly enough, most of these claims are resolved by the courts positively, since (see above) the law does not clearly indicate that insurance companies withhold 23%.

In this case, you will need to pay a state duty. But when filling out an application for the return of the OSAGO policy when selling a car, the collection of the amount of state duty is also issued.

Ingosstrakh offers its scheme

Clients who have insured motor third party liability in IC Ingosstrakh, first of all inform about their intentions by phone. The manager of the company clarifies the situation and gives advice, including on the package of documents necessary for termination. As soon as they are ready, the policyholder comes to the nearest office, fills out an application form, which describes the reasons for termination and indicates the details for the return of part of the policy cost.

If denied, why?

As a rule, this is a late application for the calculation of the return of OSAGO when selling a car. If more than 60 days have passed since the sale of the vehicle, the insurance company has the right to refuse. Here you need to take into account that the insurer will calculate not from the date of sale of the vehicle, but from the day of contacting the company that issued the policy.

Also, the insurance company will refuse to pay out if the car is sold under a general power of attorney. For the legal owner of the vehicle remains the same.

Interesting nuances

Some insurance companies offer to transfer the balance of CMTPL to a new policy. This issue can be decided by the client himself.

Do I need a bonus?

But in any case, lawyers draw the attention of motorists to such a feature as KBM. This is the bonus-malus coefficient awarded for safe driving. This happens only at the end of the insurance year. And, as you know, the higher the CBM, the greater the discount awaits the insured when buying a new policy.

However, in case of early termination of the OSAGO contract, no matter for what reason, the bonus-malus coefficient is not charged. Therefore, it is worth considering. Perhaps, if two or three months are left before the expiration of the policy, then 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 increased CBM.

Can I save money?

Refund of OSAGO insurance when selling a car may not be issued (while retaining 23% deducted by the insurance company). If there is confidence in the buyer, then OSAGO is simply reissued, and the new owner returns the unused insurance. For this, a written agreement is concluded between the old and the new owner on the return of a certain amount. It is certified by a notary. You can go the other way and fix the entry of the new owner into the current OSAGO policy as a separate clause in the sales contract. In this case, the buyer writes a statement in which he asks to be included in a specific policy.

And, by the way, the insurer does not have the right to impose additional deductions if the policy was assigned payments for insured events.

And finally

Russian Union of Motor Insurers warns car owners who sell them. Enough cases of fraud are already known: the new owners of the vehicle manage to return unused insurance (paid by the previous insured) to themselves. Therefore, it is impossible to delay the execution of documents in the UK!