Insurance refund when selling car: the application, documents

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2019-02-14 16:01:04

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The ever-Increasing cost of insurance prompts owners who sold the car, return the unused portion of the insurance. An avalanche of questions falls on specialized forums and official sites of insurers. The last one comment on this subject and even more reluctant to give recommendations. Return insurance when selling a car, of course, possible, but there are a number of features, adherence to which will facilitate the procedure.

return insurance when selling a car

Rules and Regulations

To return insurance when selling a car should be guided by the following documents:

  • FZ dated 25.04.02 in the current edition from 05.2016 “On mandatory civil liability insurance of vehicle owners” (article 10);
  • Rules CTP developed by the Central Bank of the Russian Federation and Bank of Russia Regulation (No. 431).

And a few truths:

  • On re-registration of the vehicle the new owner has ten days.
  • The Seller of the vehicle is obliged to inform the insurer about the perfect agreement of purchase and sale.
  • The Position on insurance (paragraph 1.9) shall notify the customers of insurance companies that change the vehicle or the insured in insurance is not provided. That is, under these circumstances, the insurance contract terminates legal action. And that's grounds for a refund on insurance when selling a car.
  • Insurance reimbursement, whether they were or not, in the event of termination of the contract are not taken into account.
  • Documents confirming the change of the owner of the vehicle, to bring the insured is required.
  • The Contract, which was to transport the vehicle to the location registration cannot be terminated.
  • To Terminate the contract only if it was for a year.

Get started

The Return insurance when selling a car if there are serious reasons spelled out in the rules of CTP, paragraph 33.

Refund insurance for the UK is very disadvantageous. So experts recommend to seek the assistance of lawyers. The procedure requires a certain set of documents. One of them – the statement. Writes his face, entering into a contract with the insurance company. The application form has no set pattern. Therefore, each insurance company offers its developed form. But, in General, an application for refund of insurance the sale of automobile contains the following information: passport data of the insured, data about the insured vehicle, the insurance contract number. A special item is to specify the grounds for termination of the insurance. Next, you will need the details for the transfer of funds (Bank name, BIC, facial, correspondent and settlement accounts and so forth).

 return insurance insurance when selling a car

The body of the application consists of a request for termination of the contract of insurance because of the sale of the vehicle, and, as a consequence, the change of ownership. Next, the petitioner must specify two amounts: which didn't manage to use, and which is made in the form of insurance premiums. The statement ends with a request to refund on the above details.

Each application must be registered as an incoming document. Avtoyuristy recommend purchasing a copy of the completed application form with prescribed incoming number and the date of admission. You can apply personally, and it is possible, by registered letter through the mail of Russia. In this case you must request a return receipt and to draw up a detailed inventory of the enclosed documents. The second option is especially convenient if the documents are not accepted in the office.

If the application is not accepted

Registered cases of refusal of reception of the statement and documents to the return insurance. Managers send clients to the head office: they're like not authorized to do this. It's not true. For termination of the contract – one of the simple procedures which may be applied in any office of the insurance company. Whether regional, subsidiary, or any other.

the return of the premiums of insurance when selling a car

Documents to return insurance when selling a car

They are conventionally divided into two parts. One of them – the required any insurance company, regardless of the reason for termination of the contract. Second, it indicates and confirms that the required insurance refund when selling a car.

The basic part includes the following documents:

  • Original and notarized copy of the passport of the customer who made the contract;
  • Insurance policy that will be closed (only the original, just need to leave a copy, which may be needed for trial);
  • Receiptor electronic document confirming the payment of the insurance;
  • Details of the Bank and account to which the refund will be made (action with cash is prohibited).

The List of documents confirming the sale of the vehicle, can be found in most insurance companies. But usually it is:

  • Help account (if there is a sales process);
  • Title with a record of change of ownership and the registered agreement of purchase and sale.

The Date of refund of the insurance premium insurance when selling a car will be considered the date of submission of documents.

Speaking of TCP. Demand it the original or a copy Manager SC has no right. By law, the sale of the vehicle is confirmed by the contract of purchase and sale.

Deadlines

Return the insurance insurance when selling a car takes a few business days. Every company communicates this information to the client upon completion of receiving the documents.

But the UK client needs to know that almost any procedure performed of a particular insurance company may not exceed 14 days. This rule is stated in paragraph 34 of the Rules of CTP. Otherwise, the SC imposed fined, and the amount of the refund will increase due to the assigned interest. If the insurance company delays its decision, the customer may make a written complaint to the Central Bank of the Russian Federation (in person or via the website), the Union of motor insurers or with a statement of claim to court (registration office, UK). The court is very slow considering similar cases, so avtoyuristy recommend starting with the Central Bank.

In rare cases, the SC may refuse to return the amount of insurance when selling a car. It can affect a number of certain circumstances.

The Owners of the vehicle, hurrying faster to sell them, need to understand that if by the time of the payout return, the owner has changed, the money will get it. Avtoyuristy strongly recommend that you resolve all issues with the insurance company, and then submit the vehicle to the new owner.

But that law, given to only ten days. There is every reason not to catch, so experienced owners are advised to take the new owner a receipt for the return of the payment for CTP and fit it into the policy.

Tax Return is filed only to the insured

Get the remaining amount value of the policy, except the insurer may:

  • The heir of the insured, acknowledged by a notary public;
  • Legal representative from the insurer;
  • Legal representative of the owner;
  • The heir of the owner of the vehicle recognized by the notary.

Representatives need to apply for a refund of the CTP to present a power of attorney. Moreover, it must be a clause stipulating the possibility of carrying out monetary transactions.

the calculation of the return insurance when selling a car

Formula to calculate the amount of return

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

It Looks like this:

D = (R-23%) x (N ː 12), where:

  • 23% - standard rate SK (refers to certain expenses of the insurer);
  • N-the number of complete months to the expiry of the contract of insurance;
  • R – the full amount of the policy;
  • D – the amount of the refund.

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

The cost of the insurer is concentrated in 3% of the contributions to the SAR. For what? This amount is transferred to reserve accounts from which are paid compensation. And 2% of the current reserve, and one – guaranteed.

20% remain in the company. They go on operating costs and conduct of business clients. This includes the maintenance of the policyholder, accompanied by the insurance policy, its manufacture, use various techniques, payroll, processing documents, etc.

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

Return insurance when selling a car Rosgosstrakh

The Date of reference is the date of the insurant in the office. Perfect is the day of signing the contract of sale.

Avtoyuristy advise you to conduct your own calculations so that in the case of fraud by the insurance company to file a lawsuit.

Digress

Legally nowhere defined these same 23%. For example, return insurance when selling a car "Rosgosstrakh" confirms what we have "mutual agreement” of the parties. In any case, the situation is tense. Now about 20% running on the conduct of the Affairs of the insurer. If the insurance contract is terminated prematurely, where the insurance company picks up these percentages? After spending like all the same? That is, it is unclear the basis for collection of interest upon early termination. The question hangs in the air. If calculations of the amount to be paid is large,it makes sense, being guided by article 958 of the civil code and paragraph 34 of the Rules of CTP, to file a statement of claim in court and to demand return of the means paid for the policy excluding the 20%.

Oddly enough, most of these lawsuits are settled in court is positive, since (see above) the law does not give clear guidance on the retention of insurance companies for 23%.

You will need to pay the state duty. But making a statement on the return of insurance policy when selling a car is issued, and the recovery of the amount of the registration fee.

the return of the insurance policy when selling a car

"Ingosstrakh" offers its schema

Clients that has insured the third party liability in the UK "Ingosstrakh", the first thing misleading about their intentions over the phone. The Manager of the company clarifies the situation and gives advice, including on the package of necessary for the termination documents. As soon as they are ready, the farmer comes to the nearest office, fill the application form, which describes the reasons for termination and specifies details for a refund of the cost of the policy.

If no, then why?

As a rule, late referral for the calculation of the return insurance when selling a car. If the date of sale of vehicle has been more than 60 days, the insurance company has the right to refuse. Here we must note that the insurer will maintain the account not from the day of sale, and from the day of contacting the company that issued the policy.

The insurance company refused to pay when selling a car by power of attorney. Because legally, the owner of the vehicle remains the same.

Interesting features

Some insurance companies offer to transfer the balance to a new insurance policy. This question has the right to decide by himself.

Do I Need a bonus?

But in any case, the lawyers draw the attention of motorists in this feature as MSC. Is the coefficient of bonus-Malus charged for a safe ride. It happens only at the end of the insurance year. And, as you know, the MSC is higher, the big discount is waiting for a policyholder when you purchase a new policy.

However, in case of early termination of the contract of insurance, for whatever reason, the coefficient of the bonus-Malus is not charged. Therefore, it is worth considering. Perhaps, if before the expiration of the policy remained two or three months, it is better to keep the contract in force and give yourself (if no offenses on the road) a discount in the form of MSC is increased.

Documents to return insurance when selling a car

Can I save?

Return the insurance insurance when selling a car can not issue (while retaining the 23% will be added to the UK). If there is confidence in the buyer, insurance just renewed, and of unused insurance gets a new owner. This is a written agreement between the old and new owner about the return of a certain amount. She is certified by a notary. You can go the other way and fix the introduction of the new owner to the existing insurance policy as a separate item in the contract of sale. The buyer in this case wrote a statement in which asks to bring him to a specific policy.

And, by the way, the insurer has the right to impose additional deductions if the policy was assigned to the payments under insurance claims.

And finally

The Russian Union of motor insurers warns car owners, they sell. Known for a fraud: the new owners of the vehicle manage to return any unused insurance (paid by the previous insurer) itself. So delay the paperwork in the UK is impossible!


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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