Without compulsory motor liability insurance for their vehicle, car owners do not have the right to drive it, but what to do when it is impossible to purchase compulsory motor liability insurance without life insurance? Currently, throughout the country, most insurance companies sell compulsory motor liability insurance and life insurance as a single package of services. At the same time, the cost of the MTPL policy naturally increases. In this article we will find out whether it is legal to compulsorily insure life when insuring a car, and how not to overpay for a car insurance policy.
When insuring life, a contract (agreement) is concluded which describes cases that entail harm of varying degrees of severity to a person’s health and life. Damage in such cases is subject to compensation. In addition, the amount of compensation in such cases is specified.
There are different types of life insurance, and their duration may also vary. Life insurance under compulsory motor liability insurance, as a rule, is issued for the same period - 1 calendar year.
It is worth noting that life insurance is voluntary, while MTPL insurance is mandatory.
When life insurance is imposed on you, know that your life is already insured by the potential culprit of the accident and is included in the payment under compulsory motor liability insurance. It turns out that if an accident occurs, the insurance company of the person responsible for the accident will pay you compensation for the damage caused to your health.
Often, when insuring motor third party liability, insurance company employees add life insurance to the compulsory motor liability insurance package. The question arises: why are third parties forced to insure life if it is voluntary? And is it necessary to insure your life when insuring a car?
Car insurance is possible without life insurance. Unfortunately, insurance company compulsory insurance is unprofitable if it is sold without related services, and when they sell several in a package at once additional options, then increased profit generation occurs. And the occurrence of an insured event with compulsory motor liability insurance will no longer cause serious damage to the organization.
Organizations providing services to the public take advantage of the fact that most citizens do not know whether it is necessary to insure their lives with compulsory motor liability insurance. Therefore, managers include additional options by default, and the client pays for the contract and only then understands what happened. At the same time, not everyone knows that even a signed contract can be terminated, but we will talk about this below.
In accordance with paragraph 2 of Art. 16 of the Law “On the Protection of Consumer Rights”, no one has the right to impose on a citizen any goods or services, including car insurance services. Currently, the situation with additional services is regulated by the Central Bank, the Office of the Federal Antimonopoly Service (UFAS), and the Prosecutor's Office.
Code of Administrative Offenses of the Russian Federation Article 15.34.1 states that if the insurance company refuses to issue compulsory motor liability insurance without life insurance, penalties amounting to hundreds of thousands of rubles should be imposed.
Whereas imposed services from the insurance company on the basis of a resolution of the Federal Antimonopoly Service are also an offense and are punishable by a fine of 50,000 rubles. In simple terms:
There is one caveat: in order for the insurance company to be punished, the client must file a complaint against it and provide significant evidence.
One written statement from the client is not enough; it must be video or audio recordings, testimony of two or more witnesses. Only in such a situation will you be able to prove the illegal actions of the insurance company and compensate for the resulting damage (moral or material).
Is life insurance necessary? We discussed above, now let’s figure out how to refuse life insurance under compulsory motor liability insurance:
The compulsory insurance imposed by the company, together with additional insurance, can be canceled within 5 days from the date of signing the insurance contract, and the amount will be returned to the client. The policyholder has the right to terminate the agreement, and it is regulated by Bank of Russia Directive 3854 U dated November 20, 2015.
This instruction is valid only if a mandatory and voluntary insurance contract are concluded on the same day, and the validity period for which the contract was concluded exceeds 30 calendar days. In addition, there should be no appeals to the Investigative Committee for compensation under the agreement, which you want to terminate.
To terminate the contract, you must come to the Insurance Company office with this policy and submit an application for early termination of the agreement.
All receipts and the policy itself should be attached. Be sure to keep copies (of the application and policy) certified by a representative of the insurance company. These documents may be needed to resolve controversial issues. The organization must make a refund within 10 working days.
It happens that the client stubbornly refuses life insurance when applying for compulsory motor liability insurance, and the manager fundamentally does not issue a pure compulsory motor liability insurance. Motivating this is the lack of unified forms, the ability to issue a policy only at the head office, etc. In case of refusal, you should take written confirmation of the refusal to provide auto insurance services.
It is advisable to remind the insurance company employee that such actions of insurance companies are unlawful and entail the imposition of a fairly large fine. To confirm an administrative offense, it is necessary to have a strong evidence base. But first, it’s worth trying to resolve the situation out of court - by sending a complaint to the central office. When such an attempt is unsuccessful, you can contact the Federal Antimonopoly Service, the Central Bank, or the court.
It is advisable to file a lawsuit to recover material and moral damage.
Keep in mind that the insurance company has the right to refuse a client MTPL insurance if the full package of documents required when concluding an MTPL agreement is not provided or the application is filled out incorrectly.
The cost of life insurance depends on many criteria and characteristics; in addition, there are different types of contracts. As a rule, the insurer does not try to sell additional insurance. option costing more than 1–2 thousand. Accordingly, such an agreement contains appropriate conditions for insured events and payments. In other words, the contract will stipulate a large number of conditions, tariffs, restrictions under which the victim will not receive the appropriate amount of compensation for damage caused to health.
We hope that after reading this article, motorists will become more aware of insurance issues and will not allow unscrupulous companies to profit from them. The main thing is to know the basic rights when applying for compulsory motor liability insurance and to use them. Remember...
Let's start with the main thing. Compulsory and statutory car insurance under MTPL does not include life insurance. Life insurance is not mandatory when taking out a compulsory motor liability insurance policy. The driver has the right not to include life insurance in the compulsory motor liability insurance policy and not to enter into an additional insurance contract. Car insurance without life insurance is the usual basic package, which was approved by law in 2014 by the MTPL law.
If you are required by law to insure your car, then Life insurance and other additional forms of insurance are a personal matter and a personal choice for everyone. It’s unpleasant when they try to make this choice for you and force you to pay for additional, albeit useful, services in addition to the mandatory services specified in the basic package. The right to decide should remain with the driver.
Indeed, life and health insurance is a useful and correct option, especially for the driver. In many countries such insurance is mandatory. The driver is required to be insured, as he is exposed to increased danger when driving a vehicle. But in Russia, at the moment, driver life insurance is not mandatory. To make sure of this, check out the auto insurance laws.
Life insurance is a separate and not at all free service. It is illegal to impose this or any other service when applying for a compulsory form of MTPL insurance.
Refusing additional insurance can be as difficult as buying an additional phone case, but the principle of action of sellers and agents is approximately the same. There are quite effective methods of combating unnecessary expenses and excessive concern of insurance companies about the health of clients. Let's consider how you can solve the problem and refuse imposed services.
Insurance companies have the right to refuse service and are happy to use this right. For example, if the car is more than 12 years old. Thus, the car owner is forced to update the vehicle not of his own free will, but because of the need for insurance. Service may be refused without explanation, just like in a restaurant.
The motorist cannot refuse cooperation - OSAGO is mandatory, although the driver can choose his own insurance company. Many motorists do not even know that they have the right to independently choose a package of services and choose a basic package without ordering additional life and health insurance. Knowing the laws and independently studying the issue from a legal point of view will help you accuse the insurance company and its representatives of deliberately misrepresenting information and violating laws.
In response to the illegal actions of the insurance company, the driver has the right to insist on concluding an agreement on the basis of the law on compulsory motor liability insurance, at uniform rates approved by law. True, you will have to forget about the company’s bonuses, but this is not too big a loss.
In addition to life insurance, agents intrusively offer the transfer of pensions to a special pension fund. In this case, pension contributions are deprived of state guarantees. As a result, instead of reducing insurance risks, there is, on the contrary, an increase in risks, which is associated with significant annual expenses. It is quite possible that the costs of conducting a trial will be lower than agreeing to obviously unfavorable conditions. 
Large companies often impose additional services when applying for compulsory motor liability insurance.
In many cases, the driver does not want to contact and argue with the insurance company - he needs a compulsory motor liability insurance policy, and insurance companies clearly hint that the speed of issuing compulsory motor liability insurance directly depends on the purchase of an extended package of services. If registration is delayed, ask for a document certifying that your insurance is being processed . This may not save you from formal fines when stopped by traffic police officers for lack of insurance, but you will be able to file a claim for taking too long to process. According to the law, insurance documents must be completed within 1 day after the money is transferred to the account.
Do not leave original documents required for travel with the insurance company.
It’s worth thinking about, if additional expenses are strictly imposed on you and they make it clear that they consider you solely as a payer, and not as a consumer of the service, it may be even more difficult to achieve payments when an insured event occurs. In addition, the cost of monthly payments after any recorded accident will inevitably increase. The benefit from compulsory motor liability insurance for the driver decreases significantly as the cost of insurance increases. If, instead of the protection guaranteed by law, you only get an increase in the cost of using the car, such insurance is inconvenient.
In some cases, an additional thousand rubles per month in addition to the insurance fee can be decisive, affecting the profitability of the business or even the quality of life. In addition, imposing additional services is outrageous from an ethical point of view. Not to mention that this is actually illegal, but it is possible, since insurance companies have real opportunities to put pressure on drivers.
Take responsibility for your calculations. If you are not ready to trust insurers, you will have to take responsibility yourself. How to do it:
Pay for insurance online to completely eliminate the factor of agents wanting commissions and bonuses from your payments.
When making large payments via the network, you must comply with security requirements:
Today, many car owners note that using a car has become problematic, especially when the MTPL policy expires.
The fact is that when buying a car license, most drivers overpay because additional services are imposed on them.
Is this legal, is it possible to get a compulsory motor liability insurance policy without additional services, and what to do if you were forced to enter into an agreement on the terms of the insurance company?
Many car owners are concerned about the question: “Is it legal to impose health and life insurance when applying for compulsory motor liability insurance?”
Referring to the legislation of the Russian Federation, paragraph 1.5 of Appendix No. 1 to the Regulation of the Bank of Russia dated September 19, 2014 No. 431-P, the owner of a vehicle (vehicle) can choose any insurer that provides compulsory MTPL insurance.
At the same time, the agent does not have the right to refuse to issue a motor vehicle license if the person refuses to enter into an agreement for additional services.
Many insurance company agents justify the refusal as follows:“We don’t have forms” or “Our management has forbidden us to issue compulsory motor liability insurance without health or life insurance.”
Remember that if an agent says such a phrase, it means that he is violating your rights. Insurance companies always have the required quantity of policies.
If you want to take out a compulsory motor liability insurance policy without additional insurance, then remember that you have every right to do so. Life insurance is voluntary, not compulsory.
Every car owner can defend their rights.
To do this, he can submit an application and a package of documents confirming the fact of refusal to issue compulsory motor liability insurance, and demand that the contract be declared invalid, to the following authorities:
Imposing additional services when insuring compulsory motor third party liability insurance is a common practice. In accordance with the law “On compulsory civil liability insurance of vehicle owners,” the MTPL policy is a public contract.
In accordance with the Civil Code, the conditions specified in the document are the same for everyone. No commercial organization providing services in issuing a compulsory motor liability insurance policy can refuse to issue a client an insurance contract.
If you were forced to enter into an MTPL contract (for example, you remembered it on the last day) under the conditions imposed by the insurance company, then you need to prove that this service was imposed on you.
You can do it like this:
Within 30 days, your complaint must be considered and an appropriate decision must be made.. You must be notified of its results in writing.
If you have such evidence, then, of course, the court will take your side.
If an additional service was imposed on you, but you paid for it, you can get your money back. This can be done in court or by sending a letter demanding the required amount to the insurance company of the central office.
But remember that you must provide in court all possible evidence that this service was imposed on you.
When submitting an application to the court, be sure to indicate that you need to return money for an unnecessary service, and you can also demand moral compensation.
Is life insurance mandatory for compulsory motor liability insurance in 2020? No, not necessarily.
According to Article 935, paragraph 2 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 compulsory motor liability insurance, fill out an application for refusal of the house in 2 copies, and in case of refusal to issue a policy, ask to indicate its reason on your form.
OSAGO forms can be downloaded from the RSA website http://www.autoins.ru/ru/osago/policy/
You can contact the head of the insurance company either orally or in writing.
If insurance agents refuse to accept the application, do not waste your time and nerves. Go to the post office and send your application by letter.
Be sure to attach copies of documents such as:
Also include the inventory and notice in the envelope.
There may be another scenario: the insurers did not come for the valuable letter, as a result, the person sent the letter he sent is returned. The notice must include the following note: “The retention period for the letter has expired.”
Then the person has every right to go to court with a request to force the conclusion of an insurance contract.
This process is quite long, so lawyers advise not to wait until there are a few days left before the expiration of the MTPL policy. You need to submit documents in advance.
The application is written by hand. You must indicate your full name in the header. judges of a city or district court, your details: full name, telephone number, residential address.
In the application itself, you need to briefly describe the essence of the problem, for example: “I ask you to oblige the ABC insurance company to conclude an MTPL insurance agreement with me. I contacted the company on such and such a date, but they refused me, citing the lack of forms. I also sent them a valuable letter with a notification and a package of documents, but they did not come to receive it.”
As evidence, you must attach copies of documents confirming that you sent the application to the insurer by mail.
They didn’t want to issue you a compulsory motor liability insurance policy without additional services? Then, insurance companies, please pay the fine.
In fact, any insurance company whose services include issuing a motor vehicle license is obliged to issue a policy without any additional services.
Situations with the issuance of additional insurance develop this way because it is not profitable for insurance companies to deal only with compulsory motor liability insurance.
After all, this is the cheapest type of insurance.
It's important to do it right. So, you plan to go to the insurance company, knowing that they will push additional services on you. Therefore, you need to be prepared for this.
To do this, you need to print out the laws of the Russian Federation, the Decree “On OSAGO”, the law “On the Protection of Consumer Rights”.
When talking with an agent, you can refer to the fact that in case of illegal imposition of additional services or refusal to provide a motor vehicle license, the official will face a fine of 50 to 300 thousand rubles (according to Article 15.34.1 of the Russian Federation Code on Administrative Offenses).
From January 1, 2017, insurance companies providing motor vehicle registration services are required to provide the service for issuing compulsory motor vehicle insurance in electronic form.
In this case, no one will be able to impose additional services on you.
Today, the electronic MTPL policy is sold in more than 60 companies.
By applying for a motor vehicle license online, you get the following advantages:
Remember that if a consultant refuses to accept your application, he will be subject to administrative liability. Of course, if you can prove the fact of coercion in obtaining additional services when purchasing a car license.
According to the current legislation of the Russian Federation, purchasing a compulsory car insurance policy is the direct responsibility of any motorist who wants to drive a vehicle. At the same time, the law, based on clause 1.5 of Bank of Russia Regulation No. 431-P dated September 19, 2014 “On the rules of compulsory civil liability insurance of vehicle owners,” allows the car owner to independently choose the insurance company he likes.
When choosing the second option, the motorist needs to register on the website of the selected organization and log into the created personal account. On the general page of the site, you need to click on the “Registration of e-OSAGO” button; The name of this section may vary depending on the design of the site.
On the new page you need to fill out, which indicates the details of the motorist, vehicle, as well as contact information (telephone and email address) of the citizen. To confirm that the entered data is correct, the car owner will need to attach scans of documents.
After entering the required data and checking the information in the RSA information base, a new page will open with the amount of the car insurance policy. Next, the citizen must once again check the correctness of the data and pay the invoice issued to him.
After payment, an email will be sent to the specified email address., which must be printed for presentation to the traffic police inspector.
As can be seen from the instructions, online purchase of a policy is a fairly simple and quick procedure, and the car owner does not need to assert his rights if he refuses to purchase additional services or pay an inflated price for the document.However, due to certain circumstances, not all motorists can purchase an electronic policy. In this case, the citizen must contact the nearest office of the selected company with the collected package of documents. Next, you need to fill out an application to purchase insurance. Wherein It is recommended to independently calculate the cost of car insurance in advance to know the final cost of the document. It is also necessary to clarify that additional insurance is not required.
In the main branches of large organizations, agents, after clarifying the client's auto insurance policy, without unnecessary imposed services. However, this practice is a fairly rare situation, so a motorist should know how to behave if a motorist refuses to enter into an MTPL agreement without purchasing additional services.
As a rule, imposing life insurance when purchasing a compulsory motor liability insurance policy implies 2 scenarios:
In the first case, it is necessary to compare the previously calculated policy price and the price set by the insurer. In case of a noticeable overstatement, it is necessary to clarify with the agent the reason for this situation.
As a rule, if the insurer sees that the motorist understands the procedure for calculating the cost of the document and is ready to defend his rights, then OSAGO is sold to the citizen without additional services.
If the insurance agent refuses to conclude a compulsory motor liability insurance contract without concluding life insurance, then the citizen must prepare a voice recorder or other device and keep a record to prove the fact of imposing the service.In many cases, this behavior allows you to immediately buy compulsory motor insurance without imposed services. However, a problem may arise here too. In accordance with current legislation, insurers have the right to inspect the vehicle for which the document is issued. But, as a rule, registration is carried out several months in advance.
If such a situation arises, the citizen must request from the agent a written refusal to sell the MTPL policy. In many cases, this paper is not provided to the citizen, and the agent sells MTPL without unnecessary services.
But if a persistent insurer continues to defend its position, then the motorist needs to contact another insurance organization to purchase a compulsory motor liability insurance policy because you can drive a vehicle without this document.
However, the situation with imposition should not be left just like that. If the car owner has audio, video or photographic recordings proving the fact of imposition of the purchase of life insurance, as well as a written refusal of the insurer to enter into an MTPL agreement, it is necessary to submit an application to higher authorities.
You can file a claim against an insurance company with the Russian Union of Auto Insurers, the Central Bank of the Russian Federation, or the Federal Antimonopoly Service in your region.Since the behavior of the insurance company in this case is illegal, the specified authorities will be required to conduct an inspection. As a result of this event, if the imposition of services is confirmed, an administrative penalty will be issued under Article 15.34.1 of the Code of Administrative Offenses, in particular, a fine of 20,000 to 50,000 rubles for officials and from 100,000 to 300,000 rubles for legal entities.
Thus, the insurer’s refusal to sell compulsory motor liability insurance without purchasing additional life insurance threatens it with an administrative fine; In case of repeated violation, the organization’s license to provide insurance services may be suspended until the identified violations are eliminated.
Alexander is a driver with extensive experience, and he had to apply for MTPL more than once. Imagine his surprise when, during his next visit to the insurance company, he was informed that he would not be able to get a policy unless he also bought life insurance. With the additional service, the cost of compulsory motor insurance almost doubled. The car owner could not recover from surprise. Maybe the legislation has changed, and in 2014 life insurance when applying for compulsory motor liability insurance became mandatory?
Motorists in many regions of Russia have recently asked a similar question. Are the insurers' actions legal? Let's look at it in our article today.
Life insurance when taking out compulsory motor liability insurance is completely voluntary. The client has the right to refuse this service, as well as all other additional offers. An MTPL policy is a public contract available to all citizens; they cannot refuse you to issue it. The imposition of life insurance is illegal and a direct violation of consumer rights.
This year, Vladimir Putin instructed the FAS to deal with the unlawful actions of insurance companies, since more than 700 complaints were received from car owners from 46 regions. All these appeals were taken into account, and measures were taken against dishonest insurers.
Despite the fact that the Federal Antimonopoly Service has repeatedly fined insurance companies large sums, insurers continue to sell life insurance to clients when taking out compulsory motor liability insurance. Do they really care that much about our health? In fact, everything is much simpler.
Tariffs for compulsory motor insurance have remained unchanged since 2003, while prices have increased significantly since then. Let’s say that at the beginning of the 2000s, each client brought the insurance company about 6,000 rubles; today the average policy costs no more than 3,000 rubles. So insurance companies have to get out by offering clients additional services.
If they don’t sell you MTPL insurance without life insurance, you have two options:
Since we are forced to take out life insurance when taking out compulsory motor liability insurance, this service seems unnecessary and almost harmful. But is it? Do you know that during the period from January to November 2013, 24,380 people died on Russian roads? In just a few months, a number of people died equal to the entire population of the city of Velsk in the Arkhangelsk region. Not thinking about the possibility of dying or getting seriously injured means forgetting not only about yourself, but also about your loved ones. It may be that life insurance is not necessary when applying for compulsory motor liability insurance, but maybe it’s still worth thinking about purchasing this service? It's up to you to decide.
