On insurance agents’ refusal to sign OSAGO contracts
The Bank of Russia has been receiving numerous appeals from private individuals about the refusal of insurance agents to sign compulsory motor insurance contracts (hereinafter referred to as OSAGO contracts) with the lack of insurance police cards being one of the reasons. Also, vehicle owners often complain about imposing on additional services from the part of insurance agents when signing OSAGO contracts is accompanied with demands to simultaneously sign a voluntary insurance agreement. In view of the aforesaid the Bank of Russia informs that:
According to Paragraph 8 of Article 1 of Federal law dated 25 April 2002 # 40-F3 ‘On Compulsory Civil Liability Insurance of Owners of Motor Vehicles’ the OSAGO contracts has a public document status.
In compliance with Item 3 of Article 426 of the Civil Code of the Russian Federation (hereinafter referred to as CC RF) the refusal of the insurance agent to sign an OSAGO contract when a possibility to do so exists is not allowed. By virtue of Item 4 of Article 445 of CC RF, if the insurance agent avoids signing an act, the individual wishing to sign an OSAGO contract is empowered to take legal action to demand the compulsion of signing the contract. This being the case, the party which unreasonably avoids signing a contract should compensate for the losses borne by the other party.
The Bank of Russia draws attention to the fact that a firm offer can be sent via the Federal State Unitary Enterprise ‘Russian Post’ to the mail address of the insurance agent as written in the OSAGO police with notification of the delivery to confirm the fact of receipt of such an offer from a car owner by the insurance agent.
According to Article 1 of Section 445 of CC RF the insurance agent shall within 30 days from the day he received the offer send a notification of acceptance, refusal of acceptance or acceptance on different conditions.
Besides, according to Item 2 of Article 16 of federal law dated 7 February 1992 #
Therefore, any avoidance of insurance agents to sign public contracts is absolutely groundless and illegal. Having received a refusal from the insurance agent to sign an OSAGO act under the circumstances described earlier, the Bank of Russia recommends the car owner to register such illegal actions using all legal instruments including photo, audio or video devices and support from eyewitnesses and send the data with violations of Russian legislation by the insurance agent to the Bank of Russia, Federal Antimonopoly Service of the Russian Federation, Federal Service for Supervision of Consumer Rights as well as take legal action to protect car owners’ rights and interests.
The reference to the Press Service is mandatory if you intend to use this material.
06.05.2014 00.00.00