What documents should a driver have?
When using a vehicle, the driver should always have a set of certain documents with him. Standard list of papers that a traffic police officer may request during an inspection:
- driver's license;
- vehicle passport;
- compulsory motor insurance policy - OSAGO.
In cases where the car is not driven by the owner, in the absence of the owner, a power of attorney may also be attached to these papers. When renting (hourly or long-term), it is the agreement with the company that is the document transferring the right to represent the interests of the company from the insurer.
Do you need a power of attorney to drive a car?
Let's consider several typical situations related to driving and operating a car. Depending on the case, a power of attorney may or may not be required.
As a general rule and in accordance with traffic regulations, driving a car is permitted to all persons included in the MTPL policy. And if insurance was purchased without restrictions, then by all people who have a driver’s license. However, articles of the Civil Code reflecting the rules for the use of other people's property conflict with the above information.
When transferring rights to a vehicle to third parties, it is recommended to document this process. The list of powers and capabilities associated with the machine is determined by the owner. A power of attorney to represent the interests of individuals in an insurance company is drawn up in writing.
It is important to know! Changing the document to provide interests can be done in .
If the driver is registered with OSAGO
From the point of view of legislation, if a person is indicated in the insurance policy, then it is not at all necessary to issue a power of attorney for him to drive a car. However, in order to avoid negative consequences, you can do it just in case. For example, if an accident occurs, it is the owner who will be held responsible.
So, if the driver is included in the insurance policy and was stopped by a traffic police officer for control, then he has no right to ask for a power of attorney. It is believed that if the owner, when taking out insurance, indicated a specific person in the policy, this means full trust in this person to operate the car.
When answering the question of whether a power of attorney is needed for a car if it is included in the insurance, we note that such a document is preferable, but not necessary.
If not covered by insurance
Only the person specified in the insurance has the right to drive the car. Even if the owner is nearby in the passenger seat, the traffic police officer is authorized to fine the owner of the car.
Having a power of attorney to represent the company's interests in the insurance company and operate the vehicle does not exempt you from the need to add the driver to the policy. By law, the inclusion of everyone who will drive the car in the document is mandatory.
If the policy is not limited
More nuances arise in cases where compulsory motor liability insurance is without restrictions. In this situation, anyone can use the car. On the one hand, traffic police officers only request documents for the car. But on the other hand, in accordance with the Civil Code of the Russian Federation, the transfer of property to a third party, including a vehicle, is permissible through an official certificate - a power of attorney to the insurance company.
Why is a power of attorney needed regardless of insurance?
To avoid any confusion, owning a car and owning a car are slightly different things. The car is owned by the person to whom it is registered under the purchase and sale agreement. The owner is also indicated on the vehicle registration certificate. And the owner is the one who currently controls the car - operates it, drives it. The owner gives someone the right to own a car.
We suggest you read: Return of insurance after loan repayment
Meanwhile, the Civil Code provides that the owner of his car can only be entrusted with a power of attorney, and this power of attorney can only be written.
At the same time, the power of attorney may separately specify the rights of the car owner: for example, only to drive the car, the right to sell the car, the right to carry out registration actions with the traffic police, and the like.
Thus, all car owners who drive it are required to have a power of attorney, even if the owner is sitting next to them.
Only, as stated above, there is no obligation to hand it over for verification, and the traffic police inspector, like any other police officer, does not have separate authority to check whether the driver has it.
In what case does a third-party driver need a power of attorney?
A third-party driver will need a power of attorney if he is the one who will carry out bureaucratic procedures with the vehicle. The most common reasons for its registration include:
- car driving;
- registration of documents for the car, in particular OSAGO and CASCO policies;
- undergoing regular technical inspection and carrying out vehicle repairs.
So, if the car is transferred to one degree or another to a third party, then the owner is obliged to transfer the rights in a documented manner by issuing a special certificate. When clarifying whether a power of attorney is needed to drive a car if it is included in the insurance, we note that it is recommended for implementing a number of procedures with the vehicle.
Why is limited insurance better than unlimited?
So, we learned that a power of attorney is not needed if OSAGO insurance is unlimited. But regardless of the need for a power of attorney for 2021, there is another obvious advantage to the benefit of limited insurance (besides its lower price, of course).
Since every driver does not fit into the policy without restrictions, but only the owner of the car, the bonus-malus coefficient (discount for accident-free behavior in common people) is taken into account only for the driver. And if, for example, you have a policy without restrictions, and your car is driven by your spouse, who is not included in anyone else’s insurance, then when you decide to make limited insurance and include them there, this coefficient will be zero. This happens for two reasons:
- The driver's accident-free discount is lost if he was not included in any policy or was not an insured in a policy without restrictions for a year or more;
- when insuring under compulsory motor liability insurance with a limited number of persons, the final coefficient is calculated according to the highest coefficient of the drivers included in such a policy.
This means that if your spouse has a CBM class of 3 (class 3 is equal to a zero discount), then even if you have the maximum class (with the biggest discount), the final cost of the policy will be calculated without a discount due to your spouse.
How to register correctly
In the process of drawing up a power of attorney, it is important not only to comply with all the conditions, but also to think in advance about the list of rights transferred to a third party. Paperwork is acceptable both at a notary office and at an insurance company. In the second option, it applies exclusively to the receipt and use of the policy.
The documents required to draw up a power of attorney include:
- Standard form, a sample of which can be found online.
- Passports of both parties.
- Papers for the vehicle.
Both parties must be present when signing the document. The notary has a power of attorney for the insurance company to provide interests and a sample application. A handwritten version of a general power of attorney is acceptable and will be valid in the event of an accident. After calling the traffic police, the culprit must provide his insurance contract. Written certification by a notary is a standard requirement.
Why do you need a power of attorney to represent interests in an insurance company?
A power of attorney is an official document drawn up in accordance with the rules of law. It may be required in cases where the owner does not visit the insurance company himself.
In practice, it is compiled in two cases:
- The owner of the car cannot physically be present at the insurer’s office due to health reasons, lives in another country or is in prison.
- The owner purposefully transferred the rights to use the vehicle to a third party, moreover, we are talking about driving the car and/or carrying out a number of other procedures.
When drawing up the document, you must strictly follow the filling example and include all the basic points. If one of the components is missing, the paper is considered invalid. A sample power of attorney for an insurance company for an individual can be found on the Internet.
How to transfer the right to receive payments to another person?
According to Art. 185 of the Civil Code of the Russian Federation, a power of attorney is understood as the written authority of one person to another, so that the first represents the interests of the second before certain third parties.
In the situation in question, a power of attorney should be understood as an authorization by a person entitled to receive insurance compensation , a certain person who will have the right to contact competent organizations and institutions regarding the receipt of funds or regarding the repair of a vehicle damaged in an accident.
That is, say, the owner of a vehicle can issue a power of attorney to his good friend or relative so that he can go to the bank and withdraw money from the account of the rightful owner of the car, transferred by the insurer that issued the MTPL policy.
When is it required?
In a number of cases:
- If a person entitled to compensation cannot deal with the issue of receiving it: he is in the hospital, on a business trip, on vacation, cannot move for medical reasons, and so on.
- A person does not want to deal with the issue of receiving insurance compensation: it is easier for him to entrust this matter to another person; he fears that he will not cope with the task, and so on.
Attention! The absence of valid reasons is not an obstacle to the issuance of a power of attorney. If, let's say. the owner wanted someone else to deal with the issue of receiving the money owed to him from the insurance company, then so be it.
This begs a slightly different question: is it worth making such a power of attorney? Is it always needed? Arguments against :
- There is nothing complicated in the process of receiving insurance compensation. If a person is physically able to do this, then it is likely to deal with the issue on his own. A power of attorney costs money. You can save money if you do without it. Of course, we are talking about cases when the car owner is not on a business trip or somewhere else. However, there are some nuances here. About them - in the next paragraph.
- If the reimbursement is in cash, the funds are usually credited to the person's bank account. If the account is a card account, then a person will be able to withdraw money even while on a business trip or on vacation.
- You can only trust money or a car to a reliable person in whom you have one hundred percent confidence.
Penalties
Having a power of attorney is not always a mandatory requirement when it comes to simply driving a car. The main thing is that the driver is included in the insurance policy.
Attention! If a violation is discovered during the inspection, the State Traffic Inspectorate employee has the right not only to issue a fine, but also to take the vehicle to the impound lot. In this case, in order for the car not to be towed, the owner himself must come.
A sample power of attorney to an insurance company from a legal entity is available on the website of such organizations as Alfastrakhovanie, Ingosstrakh, Reso, VSK, Sogaz.
If the car owner entrusts the purchase of an insurance policy to a third party, then this must be documented. A similar rule applies to the operation of the machine. The paper must be prepared in accordance with the standards and include all the basic points.
When answering the question of whether a power of attorney is needed to drive a car if it is included in the compulsory motor liability insurance policy, one can answer in the negative, since this rule is established at the legislative level.
