How to return the money for insurance after repayment of car loans, can they refuse an insurance company?
After paying out a car loan, many begin to wonder: how can you return the money for auto insurance after the loan for the car will be repaid and can it be done at all? Article 958 of the Criminal Code of the Russian Federation states that it will be possible to return the funds spent on: how can you return the , as the need for such a service will disappear.
If the loan is repaid in full and on time, then the full amount paid by the borrower for the insurance will not be returned, he will only receive part of it. However, if the motorist has repayed his debt ahead of time and wants to give up insurance, then the repayment of the car loan insurance will be made in full.
What are the returns for insurance and what documents should be provided for this?
As soon as the insured has paid out the loan, he will be able to return his funds for the insurance of the loan. But before he should notify the insurer and the bank in which he borrowed the car loan. The following documents will be required to return the funds:
– a certificate that the loan has been issued for a car is repaid;
– loan agreement (copy).
In a statement addressed to the lender and the insurance company, please indicate:
– the name of the organization for which it is intended;
– initials and contacts of the applicant;
– the number of the loan agreement, the time of execution and repayment of the loan;
– application for return of money for insurance.
You should know! The application can be provided either personally or by post with notice. Usually, insurers go to meet customers and pay the full amount, especially if the loan was repaid earlier than the due date. But in case of refusal the citizen has the right to complain to RosstrakhNadzor.
Also, when applying to the insurer, the motorist may require instead of compensation to change the insurance contract, according to which, in case of an offense, the insurer will have to transfer money to the bank under an active car insurance loan. But if the contract is already completed, then by mutual agreement between the insurer company and the person being the borrower, the beneficiary has the right to become the insurer. So, if suddenly the insurance moment arises, the insurance company will pay material compensation not to the institution, but to the insured person.
How to return the money for insurance?
If the appeal to the insurer and Rosstrakhnadzor did not take action, then the former client has the right to sue. Since such cases are considered as cases in the protection of consumer rights, they, of course, are not subject to the state duty and are considered at the place of residence of the borrower.
The probability of a return on insurance on insurance will increase, if earlier in a contract of this kind probability was provided. The main element of the suit will be a violation in the field of insurance, consumer rights. In addition, reference should be made to the following rules of law:
– at art. 32 FZ;
– at art. 958 of the Civil Code of the Russian Federation.
In the very statement of claim, you should specify:
– the name of the insurer and the bank;
– outline the essence of the problem;
– indicate your requirements;
– to inform that earlier on this question the plaintiff has already addressed to the insurance company and RosstrakhNadzor.
The claim can be supplemented by the following:
– attach a loan agreement (photocopy);
– a statement that the loan is repaid;
– application from the insurer (copy);
– the answer to the application.
All of the listed papers will confirm that the person previously applied for a refund of insurance funds, but was denied.
Once the court makes a decision, the decision will be sent to the insurer.
How to return the money for insurance, if the loan is repaid ahead of time?
If the borrower has decided to pay the loan earlier than the term, then he has the right to full payment of insurance. To do this, you must write an application to the organization of the insurer and require the termination of insurance, since the loan is paid in full.
Even in the process of signing, the contract should be read carefully and understand how the insurance payments will be paid to the client. If they are supposed to pay monthly, after the loan is repaid ahead of time, auto insurance will be canceled and, accordingly, payments on it will also cease. But if the client had to pay for the insurance even at the time of registration of the car loan, then in such a case the borrower will have to demand that he return the money. If insurance payments were made annually, then you can only return the funds during the period of the year when the loan was no longer required to be paid.
So, before signing under contracts, they should be read carefully. Citizens do not understand the nuances of legislation, it is advisable to do everything in the presence of a lawyer.