Is life insurance required for compulsory motor insurance? Is it necessary to take out life insurance when insuring a car? Do they have the right to oblige life insurance? Amount and terms of payment under compulsory motor insurance

Most car owners wonder: Is it possible to get a compulsory motor liability insurance policy, but at the same time refuse life insurance? Today the situation is such that insurance companies “impose” a number of related services to make a profit. This could be additional auto liability insurance or life insurance.

Unfortunately for car owners, most companies take advantage of this opportunity for their own benefit, so additional services are considered “mandatory” if a citizen purchases an MTPL policy. At the same time, the costs of the car owner are much higher - and this is not even one thousand rubles.

How insurance companies impose additional services

Today we can confidently state the fact that a number of proven, reliable insurance companies refuse citizens to take out an MTPL insurance policy if they do not want to enter into an additional life and health insurance contract. This situation has been happening for several years in a row and is observed in large insurance companies, although car owners clearly understand that such coercion is unlawful. This situation contradicts not only the constitution, but also the most important principles of legislation, and the imposition of additional services on compulsory motor liability insurance is completely unacceptable. But most clients do not think about filing a complaint with law enforcement agencies to protect their legal rights. Why is this happening? It’s very simple: your insurance has run out, and you’re constantly driving, but now you can’t use the car. In this case, there are two options: overpay the insurance company for the “imposed” services and save your nerves, time and energy to get behind the wheel right away. Or the second option: leave the car, travel by public transport (and for a long time), but defend your rights and principles by refusing additional insurance.

This situation only benefits policyholders who understand that few people in their right mind would agree to the second option - it’s easier for people to overpay and quickly solve the problem.

Is it mandatory to obtain compulsory motor vehicle liability insurance?

This is what most of you think when you come to the insurance company and pay a significant amount for additional services “imposed” due to the disadvantageous position and lack of awareness of the rights of car owners. What services are most often sold together with the compulsory motor liability insurance policy you need:

  • Life and health insurance;
  • Property insurance;
  • Mandatory maintenance of the vehicle at the service specified by the insurance company;
  • Home insurance, etc.

The list of additional services that insurance agents can offer on a “voluntary basis” is quite diverse and impressive. But one thing should be remembered here: no insurance company should forcefully impose unnecessary services on you by offering to conclude an agreement. And they also have no right to take advantage of “favorable” insurance conditions for their own benefit. And to be completely convinced of this, refer to the Civil Code, the Constitution of the Russian Federation and directly to the law on compulsory motor liability insurance.

Amendments to the legislation on compulsory insurance

Many car owners already know that in the current legislation, since August 2, 2014, a process of large-scale modernization of legislative acts related to the issues of compulsory property insurance of vehicle owners has been launched. And today a number of amendments are already working:

  • Insurance companies that entered into contracts after August 2 must pay increased premiums. These are documents drawn up by all participants in a traffic accident. Moreover, neither the commissioners nor the traffic police officers were invited to the scene of the accident. An important fact is that this procedure should be carried out no later than 5 days after the incident.
  • Under the modernized legislation, the process of “no alternative compensation for losses” has begun. That is, a participant in an accident today no longer has the right to choose an insurance company of his own free will. The victims now resolve all issues only in their company, where monetary compensation for damage will be awarded.
  • Now there is a list of banks with which the insurance company will work, placing its own available funds.
  • The most important innovation for car owners is the liability of a legal entity established by legislative documents (in this case, an insurance company). Responsibility is imposed not only for the refusal to conclude an MTPL agreement, which is not justified in any way, but also for the imposition of unnecessary additional agreements. Moreover, the penalties are quite severe and amount to 50,000 rubles.

What to do if the insurance company refuses to conclude a compulsory motor liability insurance agreement?

When the vehicle owner has made a firm decision not to pay the policyholder for unnecessary contracts, he will have to gather his will into a fist, defend his rights and act decisively. Now you will find out how such a situation can turn out:

  • The insurance company didn’t sell you an MTPL policy because you refused additional services? Take witnesses with you, record the entire conversation on a voice recorder and demand that the reason for the policyholder’s refusal be announced. You may ask for the reason for refusal to be stated in writing. Next, you file a claim in court to protect your constitutional rights, but you cannot use the car during this entire period. You will need to include any evidence you have of the policyholder's denial. After this, you wait for a court decision, but let us immediately clarify an important point - the period for consideration of such a case can last from 2 to 3 months. Agree, it’s not a very favorable situation for the driver to be without a car for so long. But here there are positive aspects for the car owner:
    • Submit to recovery of moral damages from the insurance company, since all this time you suffered inconvenience due to their fault and used public transport instead of a comfortable personal car;
    • If your car was a source of income and you made money from it, then the policyholder can recover the amount of lost profits. For the calculation, we will take the average amount of income for the period of time when, due to the fault of the policyholder, you did not have MTPL insurance;
    • Collect real damage. This will happen if you have been driving someone else’s car all this time. Despite the fact that such a procedure takes a lot of time and is quite labor-intensive, you can receive decent monetary compensation, and the insurance company will be obliged to conclude an agreement, as required by law.
  • You come to conclude an MTPL agreement, sign it personally and on two copies next to the signature, indicate “without life insurance, property (various options), the issuance of a MTPL policy was refused.” Now your path is directed to Rospotrebnadzor, where you submit this policy agreement, and now this organization must protect your legal rights. You should clearly know that the law on the protection of consumer rights of citizens also applies to services, and insurance is an ordinary service. Therefore, the policyholder is responsible for his unlawful actions before the law. Such actions will help you painlessly terminate such a contract unilaterally, as well as receive compensation for losses incurred.
  • Many motorists have already used this method in practice, and it really worked, although skeptics consider it dubious. You come to the policyholder to conclude a compulsory motor liability insurance contract and meekly accept all the additional services imposed by you. A couple of days later, you visit the insurance company again and terminate the contract, paying some part of the insurance premium as a penalty. But here lies the catch - what will be the size of the penalty in your company, and perhaps this undertaking will turn out to be troublesome and unprofitable. If the amount of the penalty reaches almost half the cost of the imposed service itself, then termination will not bring you any benefit, and it would be better to keep the insurance.

So, what do we have in the bottom line? Is it legal to impose additional insurance?

Each vehicle owner decides independently which solution to the problem is preferable and beneficial to him. But is it worth it today to follow the lead of insurance companies, which have simply become insolent, imposing unnecessary additional services in order to make money? You need to defend your rights and interests, and in what way - it’s up to you to decide.

An interesting report about car insurance was filmed by the banking portal banki.ru

It is impossible to give a reason to dishonest insurance companies to profit from gullible, inexperienced and non-conflict citizens, violating consumer rights and undermining trust in the MTPL institution.

Every car owner must have a valid MTPL policy when operating their vehicle. Currently, the situation is such that you can only purchase a car permit with additional services. The most commonly offered insurance is life insurance.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

How legal are insurers' actions? How to protect yourself from additional expenses when purchasing compulsory motor insurance? All such questions can be answered in this article.

If necessary

Compulsory car insurance was introduced by the relevant law in 2003. regulates:

  • the need and rules for purchasing an insurance policy;
  • procedure for concluding, terminating and extending an insurance contract;
  • a list of documents for performing certain actions;
  • a list of insured events upon the occurrence of which insurance payment is made;
  • a list of actions that must be taken in the event of an insured event;
  • rights and obligations of insurance organizations and regulatory authorities, and so on.

This law is constantly adjusted and adapted to real economic and social conditions and is mandatory for all actors.

So, purchasing a vehicle license is a mandatory condition for using a car in the Russian Federation.

The MTPL policy implies an insurance payment in the event of:

  • damage to someone else's car as a result of a traffic accident;
  • causing harm to the life and health of the driver involved in an accident.

In the first case, the maximum payment amount is 400 thousand rubles, and in the second - 500 thousand rubles (these amendments were made to the main document in 2020).

The calculation of the actual amount of insurance compensation is calculated based on the calculation of the damage received, which is carried out by experts of the insurance company or specialized organization.

Based on the list of insured events, it turns out that a person’s life (including health) is already insured. Therefore, purchasing additional protection is not required.

Is the imposition legal?

Is life insurance legal on car insurance in 2020? No! This answer is confirmed by the following legislative acts:

  • . The document does not imply the presence of insurance policies other than motor vehicle insurance;
  • states that in Russia it is prohibited to condition the purchase of some goods (in this case, auto insurance) on the purchase of others (life insurance policy, and so on);
  • ; determines the liability of auto insurers for unmotivated refusal to sell a compulsory motor liability insurance policy or “imposition” of additional insurance services. The responsibility is to collect a fine from the insurance company in the amount of 50,000 rubles.

What to do if the insurance company forces you to take out life insurance

What actions can be taken if, contrary to existing legislation, the insurance company still imposes an additional insurance policy:

  • First of all, you can try to talk with the organization’s employees, pointing out the previously presented legislative acts. In most cases, imposition occurs due to consumers' ignorance of current laws;

    As a rule, if you correctly and correctly point out to an employee the mistakes that are being made, the problem will be resolved as soon as possible.

  • if you can't reach an agreement:
    • You are required to submit a written application to the company to purchase a compulsory auto insurance policy. The application can be submitted in person (it is advisable to perform this action in the presence of witnesses, as this will help to exclude the fact of unreasonable non-acceptance of the document) or by registered mail using the services of the Russian Post (the letter must be sent with acknowledgment of delivery to the addressee). The application is submitted with a set of required documents;
    • The insurer must respond to a written application within 20 days from the date of receipt of the document;

      A reasoned refusal from the insurance company can be obtained only if the required documents are insufficient or false information is provided in them. Therefore, the application must be filled out very carefully.

    • if a written refusal is received in the absence of all legal aspects, then a written claim is sent to the insurance company, to which is attached a copy of the application (notice of delivery of a registered letter containing the application and documents) and a copy of the received refusal;
    • the claim must be processed within 30 days. A written response must be issued to the complaint. If the insurance company still refuses to issue an MTPL policy, then it is necessary to complain about the organization’s actions to the regulatory organizations.

      If the acceptance of the application is recorded by an employee of the insurance company, then in 99% of cases there will be no refusal to purchase a motor vehicle license.

It should be noted that it is initially advisable to try to personally negotiate with a representative of the insurer and only take further action if there is no result.

How to remove additional services from the policy

Situations often occur when a car permit is necessary, as they say today and now, and there is simply no time to send documents and wait for answers.

What to do in this situation:

  • contact an insurance company and purchase a compulsory car insurance policy with additional services;
  • on the same day (preferably, but you can wait 2-3 days) send to the company an application to terminate the contract under which additional insurance was purchased. The application must be accompanied by the original of the received insurance policy, a list of bank details for transferring funds, and contact information about the insured person.

The application and documents are sent by registered mail with mandatory notification. A list of attached documents is attached to the letter.

The insurance company does not have the right to refuse to terminate the insurance contract at the request of the insured person, since this is contrary to current legislation.

As a rule, within 10–14 days, the manager of the insurance organization contacts the client and clarifies the method of returning the funds.

However, it should be noted that for early termination of the insurance contract at the request of the policy owner, the insurer will charge a penalty, the amount of which cannot exceed 3–5% of the policy value. This amount is several times lower than the price of the imposed insurance.

Where to complain about an insurance company

The activities of insurance companies are supervised by the following organizations:

  • Russian Union of Auto Insurers;
  • Bank of Russia;
  • antimonopoly service.

To challenge the actions of the insurer, you must submit written complaints to one or all organizations at once.

The complaint must be made in writing. The document must contain complete information about the current situation.

The complaint states:

  • Full name, date of birth, address and other contact information of the person drawing up the document;
  • the name and legal address of the insurance company that refuses to purchase a compulsory policy or imposes life insurance;
  • a detailed description of the situation: when the application was submitted, when and what response was received, the date of filing the claim, and so on.

The following must be attached to the complaint:

  • a copy of your passport and driver's license;
  • a copy of the PTS or;
  • a copy confirming the serviceability of the vehicle;
  • application for compulsory motor liability insurance;
  • a copy of the written refusal;
  • submitted claim;
  • copy of the answer.

A complaint can be sent in two ways:

  1. By registered mail.
  2. Through the feedback form on the official website of the selected organization.

It takes no more than 30 days to consider the complaint. Compliance with the response from any submitted organization is mandatory for the insurance company.

The last resort is the court, which it is recommended to contact after receiving a refusal from the Central Bank and Rospotrebnadzor. However, in this situation, the judiciary is unlikely to challenge the decisions of regulatory government bodies.

It is advisable to file a lawsuit against the insurance company to obtain monetary compensation for the damage caused.

Since driving the car was impossible due to the fault of this organization, you can recover from the insurer:

  • moral damage resulting from the inconvenience caused;
  • real damage, which can consist of the cost of renting a car, money spent on taxis or public transport;
  • lost profits. Collected if the vehicle is a source of income. For example, when working in a taxi with your own car.

There are several subtleties in the question of whether it is necessary to take out life insurance when insuring a car. Any type of insurance does not carry anything bad with it, but on the contrary, it helps to get at least a little help financially.

But often, when purchasing a policy, many insurance companies use the imposition of additional services to provide protection of a completely different type. And then, it’s really interesting whether it is necessary to insure life when insuring a car under compulsory motor liability insurance in 2020 and whether it is even legal.

Don’t think that you’re the only one who has had to deal with such an injustice as life insurance tied to the “automobile” insurance policy. Many car owners do not even realize that they are purchasing a car insurance policy with an additional service in the form of life insurance.

This situation is quite common, but there are cases when car owners do not accept applications for compulsory motor liability insurance due to the lack of forms, and they also come up with other illegal reasons. One can come up with many cases of refusal, but whether life insurance is mandatory under compulsory motor liability insurance in 2020 remains an open question. The most pressing issue is when purchasing the first policy.

In general, the cost of life insurance imposed on compulsory motor liability insurance is not very high. But the legislation on compulsory insurance of such actions on the part of the insurance company does not provide for and even punishes unscrupulous companies.

That is, the opinion that without purchasing a life insurance policy there is no compulsory motor liability insurance is a complete misconception. In 2020, driver liability insurance is allowed to stand alone from other types of coverage when you don't think you need it.

Amendments to car insurance legislation

Back in 2014, the “motor citizen” underwent a number of changes in provisions. These provisions do not say anything about the fact that life insurance and compulsory motor liability insurance must go in parallel and be purchased jointly.

When asked whether it is possible to insure without excluding additional services, unscrupulous organizations answer categorically, since they do not want to lose profit due to innovations. Innovations in legislation applicable to compulsory motor liability insurance consisted of changes in the amount of compensation and fines.

  • OSAGO insurance additionally includes services to protect life and health, but the insurance company is subject to sanctions in the form of a fine. The amount of the fine does not exceed 50,000 rubles;
  • The amount of payments under the Europrotocol has been increased. This document is filled out without the participation of the traffic police, by mutual agreement of the drivers. Compensations for victims have also been increased to 500 thousand rubles;
  • A car owner can insure a car under compulsory motor liability insurance in any chosen insurance company, but after a car accident, a claim in order to receive compensation should be submitted to your company, and not to the initiator of the accident.

Why are life insurance not compulsory?

Not many Russians know their rights, especially with regard to compulsory and voluntary insurance. Since in the case of a car, insurance is mandatory, which means you cannot escape from it by law. But in the case of voluntary protection of life and health, the policyholder has the right to think and refuse.

The law “On Compulsory Motor Liability Insurance” does not provide for any terms of the contract that infringe on consumer rights. The type of driver liability protection is provided in a single copy and covers only the risks associated with liability on highways.

Every Russian has the right to choose for himself whether to defend life or not. Since this option of protection is voluntary, its imposition makes the agreement unclaimed.

But many insurance companies prefer to add life protection to compulsory motor liability insurance, trying to earn as much as possible. When a driver is forced into insurance, we will consider what to do next.

Why do insurance companies sell life insurance?

Refusal to provide forms for the protection of motor third party liability OSAGO is unauthorized. But greedy insurance organizations, despite the laws, are trying to stay profitable.

The driver has the right to refuse life insurance when applying for compulsory motor liability insurance, but insurance companies are free to insist and simply not sell the form. The answer to the question of why companies do this is the amended provisions in the law on “automobile citizenship”.

That is, the funds allocated for treatment that victims may need have been increased. This means that insurance companies have to pay more to the victim than before. The unprofitability of this type of protection is possible and forces the insurance company to take action and impose more profitable insurance.

Which insurance companies issue compulsory motor liability insurance policies without life insurance?

If the insurance company department tells you that it is not enough to insure the driver’s liability, but you also need to pay the transport tax and purchase another additional service, then quickly leave the office.

The driver is only required to have civil liability insurance. Other services are not included in the list. SKs who insist on their own way are scammers. In order not to initially fall for the bait of greedy insurers, it is advisable to independently calculate the cost of insurance. Knowing the real price of the policy, you will understand whether you are being deceived.

Large organizations that value their reputation will not force additional services on you. Because they have a fairly large financial turnover and they already make good profits from other projects.

It will not be a secret, these companies are:

  • AlfaStrakhovanie;
  • Tinkoff;
  • SOGAZ;
  • Agreement;
  • MAX;
  • RESO.

Where to complain if additional services are imposed

Frequency and continuity are required for car insurance. If your current insurance expires, you must renew it as soon as possible. Otherwise, traffic police officers will consider your forgetfulness as non-compliance with the law.

Some insurance organizations, knowing this, try to manipulate clients. Companies deliberately do not sell policies, forcing customers to agree to additional services. Since there should be no interruptions in insurance, many drivers fall for such manipulations.

We have already discussed earlier whether it is legal to force people to insure life under compulsory motor liability insurance, and the answer will be negative. But how to deal with this? You contacted the insurance company, but they refused to issue you insurance documents, then you are allowed to complain about it.

The complaint is sent to the company itself. For these purposes, you will need a written statement of claim that reflects the essence of the problem. Thanks to the new rules, the insurance company should take no more than 5 days to consider a claim. If you continue to be ignored after 5 days, then send a complaint to the RSA or the Central Bank of the Russian Federation. It is allowed to send a letter on the official portals of both organizations, and also send it by mail.

How to return life insurance with compulsory motor liability insurance

Having realized immediately after communicating with an agent who does not have the right to sell life insurance that you have unknowingly overpaid for the policy, you need to act quickly. Any policyholder has the right to refuse life insurance under compulsory motor liability insurance, even with a signed agreement, which the driver only noticed at home.

But there are some nuances. In order to return the money in full, you must come to the head office of the company with a refusal application within five days. But the policyholder, who came to his senses much later, will not receive a full refund, since in fact the insurance began to take immediate effect.

Return procedure:

  1. We head to the insurance company's head office;
  2. We are writing an application with a request to exclude the life insurance policy from compulsory motor liability insurance;
  3. We enclose the necessary package of documents;
  4. We receive a duplicate of the application signed and stamped by the insurance agent;
  5. We are waiting for a refund.

How to cancel life insurance in Rosgosstrakh

Let's use the example of the most famous insurance company to examine in detail what to do in the case of imposed life insurance under compulsory motor liability insurance in the RGS insurance company. A person planning to buy a car insurance policy does not at all assume that without receiving his consent, the tariff will include an additional service.

But in practice, car insurance and an additional life protection policy are not uncommon. If you discover that the cost has been exceeded when you arrive home, try to quickly return to the company office or return the next day.

Gather the following documents and make copies of them:

  • The “automobile citizen” itself, namely the issued form;
  • Application requesting a refund due to the imposed service;
  • Life and health protection policy;
  • Passport;
  • Personal account for transferring funds.

Having collected the above list of documents, go to the Investigative Committee office. Unscrupulous insurers do not make concessions and ignore statements from clients. But if you don’t receive a response even after submitting an application, go to a more serious authority.

For the Union of Insurers and the Central Bank, you will need a duplicate of the application sent earlier to the Insurance Company. Organizations above the insurers consider claims only after receiving a refusal from the insurance company in a request for a peaceful settlement of the current issue.

Now many drivers have doubts when determining the optimal type of insurance. Many people are interested in the question: is compulsory motor liability insurance necessary if you have CASCO insurance in 2020?

Let’s try to consider this issue in more detail: let’s dwell on the specifics of modern domestic insurance systems.

Insurance services differ in the amount of compensation and basic conditions, while pursuing a single goal: the policy is designed to reimburse costs in the event of an insured event due to an accident.

OSAGO and CASCO must minimize the property risks of car owners.

Unfortunately, many motorists do not understand: why take out a second insurance policy when one has already been issued? Let's clarify all the key points.

Confusion when determining the differences between OSAGO and CASCO most often arises among beginners. And in most cases it is connected with the fact that many banking organizations include CASCO in the conditions when applying for a car loan.

As a result, a dilemma arises: is compulsory motor liability insurance necessary if there is CASCO insurance for a new car? And in general, why conclude another insurance contract when you already have one paid policy (far from cheap)?

It turns out that the whole point is one basic difference between the two types of insurance.

The fact is that a CASCO policy can be more profitable in its own way and have attractive insurance conditions. It is intended to cover the cost of property damage to the vehicle. The policy will also be useful in case of theft or serious accident.

However, it is OSAGO, and not CASCO insurance, that is compulsory insurance in the country. And this is enshrined in the current legislation of the Russian Federation.

Registration of CASCO insurance can be made a mandatory condition, for example, for obtaining a loan for the purchase of a new car, but this is a local condition in a particular bank. But MTPL insurance is mandatory throughout the country, for absolutely all drivers.

If the question arises whether it is necessary to insure under MTPL if there is CASCO insurance, the answer will be unequivocal: it is absolutely necessary.

Video: Insurance MTPL, DOSAGO and CASCO 2020. What is the difference? Which policy to choose?

It is important that the vehicle itself is insured under the CASCO program. OSAGO has a fundamentally different insurance program: it provides civil liability insurance for the car owner.

This happens when damage is caused to a third party or a vehicle. An insured event may occur due to improper operation of the vehicle or violation of traffic rules.

OSAGO is controlled at the state level. Insurance conditions do not depend on the specific insurance company that issues policies.

All rules for issuing insurance payments, lists of insured events, and specifics of drawing up an insurance contract are established by the state.

CASCO is a more flexible insurance system, in which there is no such stability and transparency of conditions. Each insurance company sets its own rules for drawing up a contract and issuing insurance payments.

The percentage of payment upon the occurrence of an insured event is determined individually for each company. Even the rules under which an insurer compensates for losses can vary significantly.

If you want to save money, you should think about whether you need to apply for CASCO insurance at all. After all, you will have to get compulsory motor liability insurance in any case.

Do I need to do OSAGO if I have CASCO insurance? We answered: it is absolutely necessary, because this obligation is enshrined in the country’s legislation.

Obviously, you can, if you wish, refuse CASCO, or take out two insurances to reduce your risks to a minimum.