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Notification of the insurer about the deregistration of the vehicle - template with discussion

Notifying the insurer about the de-registration of a motor vehicle may be the basis for terminating the car's civil liability insurance contract in accordance with art. 33 point 2 of the Act on compulsory insurance. The purpose of this article is to investigate the cases when we are obliged to deregister the vehicle and the structure of the letter in which we notify the insurer of this fact.

Vehicle deregistration - when should it take place?

Situations in which the vehicle owner is obliged to deregister the vehicle are specified in the Road Traffic Act in Art. 79 sec. 1. These are the following cases:

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1) transfer of the vehicle to the entrepreneur operating the disassembly station or the entrepreneur operating the vehicle collection point, on the basis of the certificate of disassembly of the vehicle referred to in paragraph 2 or in art. 24 sec. 1 paragraph 2 or article. 33 paragraph 3 of the Act of 20 January 2005 on the recycling of end-of-life vehicles, or an equivalent document issued in another country;

2) theft of the vehicle, if its owner has made an appropriate statement under criminal liability for false testimony;

3) the vehicle is exported from the country, if the vehicle has been registered abroad or sold abroad;

4) destruction (scrapping) of the vehicle abroad;

5) documented permanent and complete loss of ownership of the vehicle without changing the ownership title;

6) handing over the incomplete vehicle to the entrepreneur running the disassembly station or the entrepreneur running the vehicle collection point, on the basis of the certificate of acceptance of the incomplete vehicle referred to in art. 25 sec. 1 or Art. 33 paragraph 3 of the Act of 20 January 2005 on the recycling of end-of-life vehicles, or an equivalent document issued in another country;

The application for de-registration of the vehicle is submitted to the authority competent for the place of the last registration of the vehicle.

Obligation to return the premium

Deregistering a vehicle is connected with the insurer's obligation to refund the insurance premium. Pursuant to Art. 813 of the Civil Code, the insurance premium is calculated for the period of liability of the insurance company. The claim for the reimbursement of the premium paid for the unused insurance period is available regardless of the reason for the expiry of the legal relationship, i.e. also in the event of deregistration of the vehicle. The premium is reimbursed for the entire actual time of the unused insurance period, in the amount proportional to the unused period of insurance coverage. Therefore, insurance companies cannot charge their clients with the costs of concluding the contract and prove that the premium for the initial periods was higher than the later ones (which will be explained by the necessity to cover the agent's commission). It is also unacceptable to charge any handling fees, administrative costs or deductions for early termination of the contract.

By what date should we receive the insurance premium refund?

Pursuant to the provisions of the Compulsory Insurance Act:

The premium for the unused insurance period shall be refunded in the event of termination of the insurance contract, but not later than within 14 days from the date of termination of the insurance contract or in the case of withdrawal from the contract, from the date of submission of the declaration of withdrawal or from the date the insurance company becomes aware of the termination of the contract. before the expiry of the period for which it was concluded for reasons other than termination or withdrawal.

Notification of the insurer about the deregistration of the vehicle - construction

The fact of deregistration of the vehicle is not known to the insurance company ex officio, therefore we are forced to notify it about such an action, especially if we expect a refund of a part of the already paid insurance premium. The following elements should be included in the written notification of deregistration of the vehicle:

insurer's designation,
designation of the insured person with an indication of the policy number,
place, date,
header - notice of deregistration,
the correct content of the notification - the date of deregistration of the vehicle, precise indication of the vehicle (registration number, make) and the policy number,
a request for the reimbursement of the premium in the relevant part,
signature.