What to do if the insurance company refuses to issue compulsory motor liability insurance

Home/OSAGO/Complaint against an insurance company under MTPL in 2021

OSAGO is one of those documents without which it is prohibited to drive a car. This is stated in Federal Law No. 40 of 2002. MTPL insurance must cover the costs of people involved in an accident. However, in some cases, insurers violate the rights of the insured, especially when it comes to actual payments. So, let's figure out when and where to complain about the insurance company under compulsory motor liability insurance in 2021.

When can I complain about insurance under compulsory motor liability insurance in 2021?

When policies are purchased, insurance companies are ready to promise mountains of gold. But when paying compensation in the event of an accident, organizations for some reason are in no hurry to make payments, trying in various legal and illegal ways to minimize the amount of payment. It is in such cases that motorists have the question of how exactly to write a complaint to the insurance company under MTPL. In 2021, some insurance companies even refuse to issue a policy, and such situations also have to be appealed.

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

The main reasons due to which complaints are filed against an insurance company under MTPL in 2021 are:

  • The cost of the policy is too high.
  • Problems regarding payments in the event of an accident.

The last point can be divided into three sub-points:

  • The insurance company completely refuses to pay compensation under compulsory motor liability insurance.
  • The amount of damage during road accidents is underestimated.
  • The company does not seem to refuse payments, but does not make them either.

In all these cases, it is possible to file a complaint against the insurance company.

Institutions for filing a claim

So, let's look at the most important question - where can you file a complaint against an insurance company under MTPL in 2021.

And the first authority where, according to the law, you need to file a complaint if there is a misunderstanding between you and the insurer is the management of the insurance company. To do this, you need to make a claim in writing and submit it to the general director’s reception by registered mail or in person.

After the complaint is submitted, you need to make sure that the complaint was actually recorded in the company's incoming document log. If you personally hand it over to the secretary, you can ask that the number be assigned directly in your presence. If the letter was sent by mail (necessarily by registered mail), then you can call the reception and again clarify this number. The registered document is proof that the company will give you an official response.

For your information

A competent appeal to management, without scandalous situations, allows you to resolve a controversial situation without bringing it to court. However, if even after the measures taken, the complaint against the insurance company under MTPL did not bring the desired result, or if the complaint was not responded to within 5 days, then you can contact other authorities.

If contacting the insurer has no effect, then in 2021 you can contact the following authorities:

  • RSA.
  • Central Bank of Russia.
  • FSSN.
  • FAS.
  • Rospotrebnadzor.
  • Department of the Prosecutor's Office.
  • Higher courts.

Let's look at which authority and with which complaint you can contact.

When can I contact RSA? The organization exercises control over the registration and issuance of policies. You can contact the organization with any violations relating to the insurance policy, with the exception of reducing the amount of compensation. As a result of the PCA proceedings, the insurance company may get away with a regular fine or lose its license.

In order to resolve financial issues, in 2021 you need to contact the Central Bank. You can write a complaint against the insurer under MTPL through this organization in the following cases:

  • The insurance company did not want to enter into a contract with you.
  • Additional services are imposed on you, which you stubbornly refuse.
  • A potential client’s application is considered for more than twenty days.
  • The insurance company does not want to accept the application for compensation, allegedly because there are not enough documents.
  • And finally, the insurance company considered the MTPL policy completely without the required bonuses.

For your information,
if the truth is on your side, in 2021 companies may be fined or even have their license revoked.

Monitoring compliance with antimonopoly legislation is carried out by the FAS. You can file a complaint against an insurance company under compulsory motor liability insurance with the FAS in the following cases:

  • Additional services are imposed on you, against your will.
  • The company offers very “favorable” conditions, which are supposedly provided only by this company.
  • The MTPL policy cannot be purchased or extended.

Rospotrebnadzor is engaged in the protection of any consumers, including those who purchase compulsory motor liability insurance policies. You can file a complaint with this government agency if you are denied a policy. However, only individuals using transport for non-commercial purposes can apply here. What happens to an insurance company that breaks the law? In 2021, the MTPL insurer faces penalties ranging from a large fine to loss of license.

The prosecutor's office is responsible for ensuring that all rules are followed. Therefore, you can contact us here for any violations of the law regarding compulsory motor liability insurance. Including when it comes to insulting a registered person.

Attention

If your rights were violated, the amount of compensation awarded was too small, or it was not awarded at all, in all these cases it makes sense to contact the higher courts.

○ Prosecutor's office.

✔ What kind of body is it and what issues does it regulate?

The prosecutor's office is the main supervisory authority in Russia. In accordance with the Federal Law “On the Prosecutor’s Office of the Russian Federation”, its competence includes:

  • Supervision of compliance with Russian laws.
  • Supervision to ensure that there are no violations of human rights.
  • Supervision of law enforcement agencies and the execution of punishments.

Prosecutor's office employees have the right to monitor the activities of both government agencies and commercial or non-profit organizations - and, accordingly, they have the right to take action against insurance companies if they violate the law.

However, we must remember: the prosecutor’s office does not resolve financial disputes. If, for example, the company made a payment, but the amount of compensation is underestimated, there is no point in contacting the prosecutor’s office. In this case, its employees may refuse to consider the complaint and recommend going to court.

✔ Reasons for appeal.

By virtue of the Federal Law “On the Prosecutor's Office of the Russian Federation”, employees of this law enforcement agency are obliged to check any violation of the law. Although the prosecutor's office does not replace other regulatory authorities, it is obliged to respond to any statements that indicate signs that the law is not being observed.

Accordingly, a complaint can be filed with the prosecutor in any case if the applicant believes that his rights have been violated. Moreover: if several people have suffered, they can file a collective complaint, and then the prosecutor’s office will act on behalf of all applicants.

✔ Filling out a complaint.

You can submit a complaint to the prosecutor's office in the following ways:

  1. At a personal reception. Every day in any prosecutor's office, an employee on duty receives complaints and applications from citizens. As a last resort, you can appear without a written complaint - the assistant or deputy prosecutor on duty at the reception will help you draw up the document correctly and accept explanations from the visitor.
  2. By mail. This is convenient if you don’t have time to appear in person, but it will take time to deliver the correspondence. You can contact any of the prosecutor's offices: if the sender made a mistake, the complaint will be forwarded to its destination.
  3. By email or via a website on the Internet. This significantly speeds up the review process - but you must remember that only letters signed with a qualified electronic signature are considered equivalent to paper documents. Without this, the applicant will still need to either appear in person and bring the missing documents - or send them by mail.

✔ Review deadlines.

According to the Instruction approved by order of the Prosecutor General's Office of the Russian Federation dated January 30, 2013 No. 45, the prosecutor's office considers complaints within:

  • 15 days – if there is no need for additional verification.
  • 30 days – if verification is carried out.

In exceptional cases, the period may be extended by an additional 30 days. After this, additional extensions can only be made by the Prosecutor General himself.

All deadlines are counted from the moment the letter was received and registered in the prosecutor's office.

✔ Decisions of the prosecutor's office and appeal.

If prosecutors consider that the complaint is justified, they may take one of the following response measures:

  • Make a presentation. This document indicates what specific violation the insurance company committed, and also indicates what measures need to be taken to correct the situation. The offender is given 30 days to correct the violation.
  • Make a decision. In this case, a case is initiated under the Code of Administrative Offenses of the Russian Federation - but only in cases where the violation is not related to administrative articles, which must be dealt with by the Central Bank of the Russian Federation.
  • Give a warning. This is essentially a “final warning.” If the insurance company violates the law again, it will be held accountable according to the law.

In the same case, if the prosecutor’s office considers that there are no grounds for a response, the applicant will be sent a refusal, which can be appealed to the court or to a higher prosecutor.

Filing a complaint against an insurance company under compulsory motor liability insurance with the RSA

RSA or the Russian Union of Auto Insurers is a non-profit company. You can contact us here for questions regarding violations of laws under compulsory motor liability insurance.

It is recommended to file a complaint electronically. In 2021, the claim must indicate:

  • Name of the company issuing or not issuing the MTPL policy.
  • Date of birth and details of the applicant.
  • Passport details of the insured person.
  • The date on which the citizen applies.
  • Details from the policy.

Here you should indicate for what reason the complaint is being filed against the insurer. In order to complete the claim in full, it is important to attach scanned documents to it, from which it will be clear that the citizen’s rights have indeed been violated.

The claim to the insurer must be sent to the RSA post office. The employee who receives the complaint will register it on the same day. As a result of the review, you will receive a response by email.

Results

The legislation sets out in sufficient detail the procedure for filing a complaint against the actions or inaction of FSS employees, and regulates the time frame for their consideration. The main attention in the complaint should be paid not to technical issues or its design, but to the content, that is, the arguments confirming the rightness of the applicant.

Sources:

  • Federal Law "On the Prosecutor's Office of the Russian Federation" dated January 17, 1992 No. 2202-1
  • Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Claim to the insurance company in Rospotrebnadzor

In 2021, only an individual can apply to Rospotrebnadzor and only if his rights have been violated. You can choose one of several methods to contact us:

  1. Alternatively, you can write a written complaint to the insurance company under MTPL. She goes to where the territorial office of Rospotrebnadzor is located.
  2. If this method does not suit you and you are used to using the Internet, you can write a complaint by email.
  3. Reception specialists handle complaints. Their work schedule can be found on the Rospotrebnadzor website.
  4. You can also submit a complaint for consideration through the form on the Rospotrebnadzor website. It is important that the data be presented as calmly and without emotion as possible, with complete accuracy of the information. The size of the claim to the insurance company under compulsory motor liability insurance should not exceed 2 thousand characters. Naturally, there should be no misunderstandings such as threats or insults.

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Types of violations by credit institutions

When using bank products and services, clients are protected by several federal laws, one of which is the Federal Law “On the Protection of Consumer Rights.” To defend their own interests, it is useful for every individual who interacts with a credit institution to know the provisions of this law.

It is impossible to outline the entire range of violations that a bank could potentially commit. There are quite a lot of cases, and half of them go unnoticed. The reason for this is ignorance of the requirements of the law, and, as a consequence, of one’s own rights. At the same time, there are violations that banks commit especially often. These include the following:

  • Unlawful actions in the process of servicing the contract - incorrect calculation of the interest rate on the loan; unilateral change of contract terms; failure to fulfill obligations specified in the agreement.
  • Violations committed as a result of the collection of overdue debts - calls at the wrong time; messages with inappropriate content; threats, misleading.
  • Technical violations - untimely payment processing; erroneous calculation of interest, penalties, fines; “loss” of a payment received from a client.

Large banks seriously monitor their reputation, so deviations from legal requirements are more common in small credit institutions. To restore his rights and to force the bank to comply with the terms of the agreement, the client contacts the competent authorities.

Complaint against the insurance company under compulsory motor liability insurance to the Federal Antimonopoly Service

FAS also monitors the work of insurance companies. You can contact us if you are being offered additional services too intrusively, which increases the total cost of the MTPL policy.

To file a claim in 2021, you need to do the following:

  1. Contact the FAS in person or by email.
  2. Write in the complaint the name of the company that violated the law, as well as the full name of the applicant. And, of course, describe what the claim to the insurance company actually is.
  3. Also, documents that confirm the violations must be attached to the complaint. And remember, to bring a case, you will need evidence.

In this case, a complaint against the insurance company under compulsory motor liability insurance can be sent to the destination in several ways. You can do this in different ways:

  • During a personal visit to one of the FAS branches.
  • Via email.
  • Using the State Services website.
  • On the FAS website through the official form.

to the insurance company under compulsory motor liability insurance at the Federal Antimonopoly Service.

Normative base

The main law that regulates the relationship between the policyholder and the insurer is the “Law on Compulsory Motor Liability Insurance” No. 40-FZ, which was issued on April 25, 2002. The latest edition of the regulatory legal act was completed on July 3, 2021.

Issues related to the settlement of MTPL disputes are reflected in Article 16.1. It sets out in detail the details of resolving issues and complaints if the insurance company fails to fulfill its obligations.

Paragraph 1 states that the policyholder must demand payment of the insurance in full before filing a claim. If a complaint is sent to the insurance company under compulsory motor liability insurance, it can be considered within 10 days. This is stated in paragraph. 2 p. 1.

The result of consideration of the complaint should be a reasoned refusal or satisfaction of the requirements. Based on paragraph 2, in the latter case, the return of the repaired car and payment of insurance amounts within the framework of the law are provided.

If the complaint does not resolve the issue of the policyholder, then he can contact the judicial authorities. It is prohibited to skip the moment of pre-trial regulation. This rule is stated in:

  • Arbitration Procedure Code of the Russian Federation (Article 4);
  • Code of Civil Procedure of the Russian Federation (Article 132);
  • KASZ RF (Article 4).

The judicial authority will reject the claim if a complaint has not been sent to the insurer under MTPL. Moreover, within the framework of Law No. 47-FZ, which introduces amendments to the Arbitration Procedure Code of the Russian Federation, at least 30 days must pass from the date of filing a claim.

The outcome of the judicial review of the case is noted in paragraph 3. Insurers will have to pay a fine of 50% of the difference between the amount determined by the court and the amount of insurance paid.

The issue of penalties is dealt with in points four and five. It is charged at the rate of 1% of the insurance premium for each overdue day. But the penalty does not exceed the amount of the cost of the MTPL policy. If the insurer fulfilled its obligations in full or the terms were violated due to the fault of the policyholder, as a result of force majeure, the court has no right to charge it.

Also, controversial issues can be resolved in accordance with the Law “On the Protection of Consumer Rights” No. 2300-1 of February 7, 1992 (last amended July 3, 2018). This normative act is another one that can be used as a guide during pre-trial resolution of issues.

Complaint against the insurer to the Central Bank

If regulation of financial issues is needed, then this is the Central Bank. It is this government organization that defends the rights of clients from negligent companies.

How can you file a complaint in 2021? One option is to send a certified letter by mail. In addition, you can use a fax at the number indicated on the Central Bank website.

The third and most accessible option is an application registered through the online reception of the Central Bank. To do this, you will have to visit the official website of the Central Bank. Further actions will look like this:

  • Go to the website, go to the “Internet reception” tab and fill out the form in the “Insurance organizations” section. Here you need to indicate what your problem is. Next, message points on the topic of interest are automatically generated. You need to study the information provided, and then click on the “Proceed to file a complaint” button.

  • Then the main form is drawn up.
  • In order to confirm the complaint, you need to attach the relevant documents.
  • Then you need to enter the code and press the “Submit” button. After this, the form will be sent for review.

Please note
: Usually the complaint is considered by the territorial branch of the Central Bank. In order to speed up the process, you can submit documents immediately at your place of residence. In 2021, the Central Bank usually gives a response within 30 days.

for an insurance company under compulsory motor liability insurance at the Central Bank.

Time limits for consideration of a complaint

To consider a complaint, Rospotrebnadzor has a certain period of time, which is established at the legislative level. Three working days are allotted for processing the complaint filed by the applicant. If all rules for registration are observed, the complaint must be considered within thirty days, after which the applicant must give a response.

In particularly complex cases, when in order to clarify all the details of the complaint it is necessary to obtain information from various structures, the consideration of the complaint may last another 30 days. In this case, the applicant receives a corresponding notification.

Complaint against the insurance company under compulsory motor liability insurance in court

Often, appealing to higher courts is the only way to receive your compensation under compulsory motor liability insurance. It is not uncommon for insurance companies to be unwilling to pay compensation.

Additional Information

The best option to file a claim in 2021 is to contact a lawyer. However, not everyone can financially afford this service. Therefore, many people collect documents on their own.

Before filing a claim with the court against the insurance company under compulsory motor liability insurance, you need to decide on the following issues:

  • Who will become the defendant in the claim - a specific branch or central office.
  • Jurisdiction of the claim.
  • Period of limitation.

In addition, filing a claim has its own characteristics. So, for example, before filing a complaint with the court, you need to go through the procedure of pre-trial settlement of the problem.

In order to go through the pre-trial settlement procedure, you need to write a written complaint to the insurance company, describe the essence of the problem, the claim and indicate the deadline for implementation. If your complaint is ignored or your complaint is denied, you can appeal to higher courts.

Attention

If you go to court without trying to resolve the issue with the insurance company amicably, then in 2021 you will be denied a complaint against the insurance company.

Also, a claim to court must be drawn up with certain details. So, for example, if you incorrectly draw up a statement of claim, do not attach a list of necessary documents to it, or do not pay the state fee, then the court will not initiate a case.

Therefore, it is best to entrust the preparation of a claim to specialists who know how to do this, namely lawyers. If you file a claim yourself, then try to find out in advance what the most common mistakes are in order to avoid them.

In order for a lawsuit to be opened, claims against the insurance company must have truly compelling grounds. If the judge considers the statement of claim, but does not find reasons to initiate it, then the case will not be opened.

Typically, documents are submitted to a higher judicial institution in the following cases:

  • The insurer agrees to pay compensation, but takes too long to do so.
  • Compensation has been paid, but only partially.
  • The insurance company does not want to pay out the money.
  • Compensation has been paid, but there is no payment for additional expenses, which are also specified in the contract.

A claim for unjust enrichment is prescribed in Chapter 60 of the Civil Code of the Russian Federation. Also quite common are appeals when compensation is paid, but not in full. And it cannot fully cover losses caused during an accident. In this case, with the help of a complaint, you can again recover compensation from the insurance company.

You can also go to court if the insurer’s license under compulsory motor liability insurance has been revoked. Such a company cannot enter into new contracts, but it also has no right to refuse old ones.

If an insurance company has lost its license, it is usually in no hurry to pay compensation. In such cases, you definitely need to contact the higher courts.

In order to file a claim against an insurance company under compulsory motor liability insurance in court in 2021, you need to prepare the following documents:

  • A valid MTPL insurance contract.
  • Documents for the car that was damaged in the accident.
  • Protocol from the traffic police drawn up at the scene of the accident.
  • Conclusion from an expert examining the car.
  • Receipts for additional expenses related to the accident.
  • Application with refusal from the insurer.
  • If the money was received incomplete, you will also need a receipt from the insurer.

So, the step-by-step steps for filing a complaint against an insurance company under compulsory motor liability insurance in court are as follows:

  1. Pre-trial appeal to the insurance company.
  2. Receiving a negative answer or completely ignoring the insurer.
  3. Drawing up a statement of claim.
  4. Collection of additional papers.
  5. Submitting documents to the court.

Where can I file a complaint?

Several organizations are involved in regulating relations between policyholders and insurers. If unresolved issues arise, a citizen has the right to seek help by sending a complaint to one of them against the insurance company under compulsory motor liability insurance.

But at the initial stage it is necessary to resolve issues at the level of the organization itself. Therefore, official written complaints about unlawful actions of specialists are sent to the head of the territorial department of the insurance company. If the procedure does not give the desired effect, you can visit the organization’s central office.

Claims are often handled and resolved at the local level. But if there is no response within the given two weeks, the person has the right to appeal to higher authorities.

In addition, other authorities may consider the case if the insurance company has confirmed a negative decision. The policyholder must have an official refusal. In the absence of one, only a claim is sent, with a mark indicating registration with the insurer.

A positive result can be observed when contacting the head office. If there is no answer or it contradicts the law, this option is the only correct one.

There are also other authorities that control the insurance procedure.

  1. Policyholders who have been denied a compulsory motor liability insurance agreement can contact the Central Bank. The body also considers complaints related to the imposition of additional services, increasing the terms of reimbursement, and the requirement to provide documents not according to the list. The organization deals with legislative issues, therefore it checks the legality of the actions of insurers.
  2. Rospotrebnadzor does not have the authority to monitor compliance with the MTPL law. However, the organization makes sure that consumer rights are not infringed. Only citizens using cars for personal purposes can apply to it.
  3. In case of violation of the clauses of the MTPL agreement by policyholders and third parties, you can contact the Federal Insurance Supervision Service. The last ones are citizens who can testify to the illegal activities of insurance companies. This option is the only correct one to bring them to justice without trial.
  4. If legal norms are violated, a citizen has the right to file a complaint with the Russian Union of Auto Insurers. The organization does not consider requests related to understatement of payments. It is necessary to visit it in case of incorrect calculation of the CBM, for direct settlement of losses and for issues of compensation under the Euro Protocol.
  5. The final authority is the judicial authorities. They will help compensate for losses and punish insurers who violated the law. It is possible to recover both material and moral damage.

If additional insurance is imposed


It is not uncommon for insurance companies to try to impose additional services - for example, life insurance. If the client does not want to purchase them, then the insurer threatens to increase the amount of the policy, or even refuses to sell compulsory motor liability insurance.

What to do in this case? To begin with, you can try to resolve the issue peacefully - for example, write a complaint in writing to the insurance company. If they refuse you there, or completely ignore you, then in 2021 you can contact one of several authorities:

  • Central Bank of Russia.
  • Union of Auto Insurers.
  • Higher courts.
  • Antimonopoly Service.
  • Rospotrebnadzor.

What to do if they offer additional services that you are not ready to buy? Record every step you take - this will be your evidence in the future. At every step, answer that the insurance company does not have the right to do this according to the law. If insurance employees see how ignorant you are, they will probably understand that it is better to act with you only within the law.

If they don’t sell OSAGO insurance policies in 2021

If the insurer refuses to issue you an MTPL policy in 2021, you have the right to appeal the company’s actions. To do this, you need to provide a written refusal to the insurance company, or written correspondence. The collected package of documents must be sent to one of the following authorities:

  • Central Bank.
  • Higher courts.
  • Prosecutor's office.
  • RSA.
  • FAS.

Note
But such conservative methods are not always required. Usually, the mere words that the complaint will be transferred to higher authorities are enough for the insurer to have the opportunity to conclude an agreement. And then forms appear on which this agreement is signed.

Refusal to provide an MTPL policy is an administrative offense, the punishment for which is prescribed in 15.34.1 of the Code of Administrative Offences. By the same principle, the Central Bank can conduct an investigation when MTPL is denied. Therefore, in 2021, the complaint is primarily sent to the Central Bank. Confirmation that the complaint is indeed legitimate is provided by witness testimony, video and audio recordings, as well as personal correspondence.

If the insurance company does not want to accept your application for issuing an MTPL insurance policy, then you can send the application by mail with a return notification. In this case, you will have proof that you actually submitted the application.

If the Central Bank does not solve the problem, which is very unlikely, then documents can be submitted to the highest judicial authorities.

Reasons for refusal

When planning to complain to the prosecutor's office, you should remember that not all violations (or what the policyholder considers to be such) fall under the jurisdiction of this supervisory authority. Therefore, in some cases, the prosecutor's office has the right to refuse to accept an application with a claim against the insurance company and to conduct an audit of its activities.

Thus, the powers of the prosecutor’s office do not include financial disputes between the insurer and the policyholder, for example, in the case when the latter does not agree with the amount of the insurance payment. In this case, the client should go straight to court.

Also, the prosecutor's office has the right to reject applications that do not contain complete information about the violator or dissatisfied person. Such complaints are considered anonymous and are not subject to consideration.

In addition, refusal of admission may be due to incorrect or unreliable data specified in the application, or gross errors. In the latter case, the complaint may not be accepted at all, or it may be sent to the applicant for revision, indicating where and what should be corrected.

However, even after receiving a refusal from the prosecutor’s office, the applicant has the right, firstly, to find out in personal communication with the responsible employee of the supervisory authority the reasons for the rejection of his complaint. Secondly, appeal the refusal to higher authorities.

If you can’t purchase an electronic policy

In 2021, amendments were made to Article 15, Clause 7.2 of Federal Law No. 40, according to which insurance companies are required to sell policies online. Moreover, this can be done almost around the clock. For example, someone engaged in the sale of policies may be unavailable for no more than half an hour a day, and if it is necessary to close it for a longer period, then a warning must be issued 24 hours in advance.

By the way, if one insurer’s website does not work, then they have the right to redirect the potential client to the website of another insurance company. But if insurance does not provide for the issuance of electronic policies, then this is strictly punished by the Central Bank. Therefore, if your rights are violated in 2021, it makes sense to first of all contact the Central Bank, and only then to other government bodies.

If the error is in the KBM

Starting from 2015, if you think that the KBM was calculated incorrectly for you when applying for compulsory motor liability insurance, then first of all you need to file a complaint with the insurance company. It is they who must check this indicator through the RCA database, if any discrepancies are calculated, correct everything.

IMPORTANT

If your complaint is not followed by any corrections, you should contact the Central Bank of the Russian Federation, and, at the same time, the RSA. Of course, it is possible that a complaint to the union of auto insurers will not bring any results, but the Central Bank of the Russian Federation recommends sending the claim there. Therefore, the complaint in 2021 should be sent to both authorities. As a rule, the only thing PCA can do is notify the insurance company of the violations. As for the Central Bank, it is this government organization that makes the decision, forcing the insurance company to take specific actions.

Comments: 198

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

  1. Peter
    10/08/2021 at 04:31 I was defrauded by Bank University Ave. 25 Naskhi Sovetsky district they stole a day from my card 2500t and issued a credit by e-mail using cards and I don’t know what to do, well, my sister Olga Aleksandrovna Pichko helped me 06/19/1975 he lives with his roommates, he too I could apply for a loan, they knew where my passport was and they could easily carry out a scam, he is also Alexey Evgenivich Zaborovsky, May 29, 1977, I’m afraid that they have already collected a lot of loans on my document and I’m a disabled person of the 3rd group, people, help me figure out the problem and how can I solve this problem because Am I the only one who can help me?
    Reply ↓ Anna Popovich
    09.10.2021 at 18:18

    Dear Peter, if you have not applied for a loan, then you need to contact the police with a corresponding statement.

    Reply ↓

  • Peter
    10/04/2021 at 05:45

    Peter cheated me Bank Universitet Ave 25 naskhi they formulated a loan online and the managers of the Bank were fraudster Alexander and employee Tatyana, so they cheated me like a sucker, well, there were three of them employees Alexander Ekaterina, who processed the loan and then Tanya completed the loan Yes, now we ourselves Banks scam people and them there will be nothing for this and the police have been completely inactive where to go people help, they have robbed me and I am a disabled person of the 3rd group, how can they have no shame, no conscience, okay, if you were rich, like an orphan, they should offend or now it’s so fashionable in Russia, human rights, sort it out and advise me, they totally robbed me of 1700 rubles. imposed insurance??? this Tanya Yes, from now on I will avoid this Bank because they cheated me right, they say you can’t trust the Bank, the same swindlers are sitting there and swindlers are waiting to hang up a loan???

    Reply ↓

      Anna Popovich
      04.10.2021 at 14:10

      Dear Peter, thank you for your feedback! We hope it will help our visitors when choosing a credit institution.

      Reply ↓

  • Marina
    09/28/2021 at 01:43

    Hello, please tell me. During the pandemic, I applied for a mortgage holiday under the federal program due to layoffs at work. Before this, I asked the Sberbank managers if there would be any additional payments or interest charges - they answered no, they would only extend the mortgage for six months, the term would be shifted. After submitting the application, two months later, without notice or any agreement, the holidays began and they stopped writing off money. At the end of the period, they called me and informed me that I needed to come to the bank’s office to sign an additional agreement; if I didn’t come and sign it, it would be considered half a year overdue. I arrived, didn’t understand anything from the additional agreement, it was very vague and not clear, I asked the manager to tell me what the conditions were and whether there was interest, she said no, it’s a vacation, just a deferment. I signed. As a result, the monthly payment was increased, the term was cut to a year instead of six months, and the debt was 160,000 rubles. Now I wanted to deposit a certain amount ahead of schedule, to take away Sberbank from me at a percentage, but in my loan agreement the entire amount should go towards the principal debt. Now, as I understand it, there are different rules in the additional agreement. I filed a complaint, to which the agent replied that I was not given a vacation, but a restructuring, and that all this was spelled out in the additional agreement, but I signed it, I didn’t have to sign. How is it that I don’t know how to read such contracts and the manager confirmed to me that everything is ok. Tell me, is Sber right and what should I do now? I applied for vacation, they should have notified me that they were giving me restructuring? They slipped me some kind of terrible additional agreement, where I now ended up with large sums. Who can help me? I filed a complaint against Sberbank several times with the Central Bank of the Russian Federation, there were only replies that the appeal was sent to your bank. What's the point if they didn't solve my question? So it’s unlikely that the Central Bank of the Russian Federation will sort it out and help itself

    Reply ↓

  • Maria
    09/23/2021 at 00:00

    My family and I suffered from a hacker attack that took place on August 27 - 30, 2021 at PJSC VTB Bank, as a result of which all my funds were stolen. On August 27, 2021, I was unable to log into the VTB online application installed on my iPhone. I immediately reported the problem to the bank in writing and also called the contact number listed on the VTB Bank website. I saved screenshots of all correspondence and calls. I reported my problem to the bank on August 27, 28, 29, 30, 2021. I didn’t have information about the status of my accounts, I didn’t receive any SMS messages, if my calls went through, they were interrupted very quickly and I didn’t even have time to talk about the problem (I was always switched somewhere, and I was roaming). As a result, on August 29 and 30, all funds were written off from my account. On August 27, a complaint was filed on the VTB website, which was reviewed on September 15 and the bank informed me that as of August 30, my entrance to the VTB online account was unblocked. On September 2, a complaint was submitted to the “Na Krylova” branch in Novosibirsk, a formal response was received on September 15. On September 3, a statement was written to the police, and a criminal case was initiated. On September 10, a complaint was filed with the Central Bank of the Russian Federation. I am outside Russia and our family was left without a livelihood and without the opportunity to fly to our homeland. Please advise where else I can go?

    Reply ↓

      Anna Popovich
      09.24.2021 at 20:52

      Dear Maria, the above actions are sufficient. Wait for the Central Bank of the Russian Federation to react and contact the bank again, taking into account the position of the central regulator.

      Reply ↓

  • Irina
    09.19.2021 at 19:40

    Hello! I would like to know your attitude to my current situation... During the pandemic, in response to my online request, one of the banks gave the go-ahead to refinance my existing consumer loan, which was paid on time for a whole year. I didn’t have a refinancing agreement in hand (in the midst of a pandemic - everything was online). There was no information about the bank (secondary lender) supporting the refinancing procedure and that, for example, I personally must notify the primary lender about full early repayment. A year later, I accidentally found out, by requesting my credit potential, that my loan taken from the primary lender was not closed, because the amount received as part of the refinancing was not sufficient for full repayment and contrary to the bank loan order (which made the refinancing and transferred the money). which clearly states that the amount is for full early repayment, simply monthly payments were made. My primary lender didn't tell me about this! As a result, over the year of supposedly using the loan, interest amounting to 54 thousand rubles has accumulated for early full repayment today! None of the banks admits their negligence. Where can I go in your opinion?

    Reply ↓

      Anna Popovich
      09.22.2021 at 00:06

      Dear Irina, you must first refer to the refinancing agreement that you entered into. You must have received the refinancing agreement electronically, otherwise the provision of funds is impossible. Further, the rules for early repayment of the loan are specified in the agreement with the primary lender, and not as part of the refinancing agreement; you, and not the bank where you refinanced, should have taken into account the rules for such repayment. We recommend that you write appeals to both banks, receive written responses and then re-evaluate the situation taking into account the position of credit institutions.

      Reply ↓

  • 3

    Nuances

    In order to protect your rights, you need to remember some nuances that experts remind:

    • In the event that a client is refused to issue an MTPL policy, or is offered additional services too persistently, in 2021 he has the right to refuse them and file a complaint with the Central Bank of the Russian Federation.
    • No one other than a court can force an insurance company to pay compensation.
    • In court, any issues can be resolved only after pre-trial settlement. In this case, the complaint is sent to the insurers.

    Attention
    If the complaint is not considered by the insurance company within 20 days, you can safely contact the Central Bank of the Russian Federation or higher judicial authorities.

    QuestionAnswer
    Where can I file a complaint against an insurance company under compulsory motor liability insurance in 2021?A complaint against an insurance company can be filed with the following authorities:
    • RSA.
    • Central Bank of Russia.
    • FSSN.
    • State organization FAS.
    • Rospotrebnadzor.
    • Department of the Prosecutor's Office.
    • Higher courts.
    Is it possible to file a complaint against an insurance company under compulsory motor liability insurance via the Internet?Yes, you can do this:
    • On the website of the Central Bank.
    • Through the Rospotrebnadzor website.
    • Using the RSA website.
    • On the FAS website.
    • Through the Prosecutor's Office.
    What are the deadlines for considering a complaint under compulsory motor liability insurance in 2021?The period for consideration of the complaint is 20 calendar days from the date of acceptance of the complaint. The exception is holidays and weekends.
    Where can I complain if I haven’t been paid enough under compulsory motor liability insurance?First, in a pre-trial manner, you should send a complaint to the insurance company, then, if the actions do not have any effect, to the higher courts.

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    ○ Russian Union of Auto Insurers (RUA).

    ✔ What kind of body is it and what issues does it regulate?

    RSA is a non-profit organization that unites all insurance companies that provide services under MTPL or CASCO. The main thing you should pay attention to is that membership in the RSA is mandatory for companies working in this area. That is why the union has certain levers in its hands, thanks to which the RSA can influence the actions of its members.

    ✔ Reasons for appeal.

    It makes sense to complain to RSA if the insurance company:

    • Does not apply KBM.
    • I lost my license and therefore cannot compensate for damages under compulsory motor liability insurance.
    • The order of direct regulation (DRP) has been violated.
    • There are violations related to the European Protocol.

    In general, it should be noted that the RSA has less powers than the Central Bank of the Russian Federation or the FAS, therefore, in the event of gross violations, the measures taken by the union are not very effective.

    In addition, we must remember: if you have problems with CASCO, you cannot contact RSA, this is not its competence!

    ✔ Filling out a complaint.

    You can complain in the following ways:

    1. On a personal visit to the management department located in Moscow.
    2. By sending a complaint with attached documents by mail.
    3. By email - but in this case the applicant may be required to provide paper copies of documents or other confirmation. At the same time, you need to ensure that the complaint itself and the attached scans of documents “weigh” no more than 3 MB. If the volume is larger, you need to use an archiver program and split the archive into volumes of the specified size, sending them as separate emails.

    ✔ Review deadlines.

    The period during which citizens' appeals must be considered is regulated by the Rules for the protection of the rights of policyholders and victims, approved by the Presidium of the RSA in 2004. In general, the one-month rule also applies here, however, according to clause 3.9 of the Rules, the period can be extended if a more thorough check is required or additional documents are requested. In the latter case, the consideration is extended for the time required to receive these documents.

    ✔ RCA decisions and appeals.

    Based on the results of consideration of the complaint, the RSA makes a decision. He can:

    • Obtain from the insurer a change in the terms of the contract or compensation for damage.
    • Refuse the complaint.

    In the latter case, the citizen has the right to appeal the response through the court in accordance with the CAS RF procedure.

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