OSAGO insurance / Rights and responsibilities of the driver

Who is the policyholder

In accordance with Art. 5 of the said federal law, legal entities and citizens who have entered into an insurance agreement with insurance companies are recognized as policyholders. The policyholder and the insurer enter into an insurance agreement between themselves.

Brobank: in this case, in relation to individuals, the law indicates the mandatory occurrence of legal capacity. The law does not describe any requirements for legal entities in this regard. Consequently, the policyholder is the client of the insurance company who has entered into an insurance agreement.

For example, in the most popular and compulsory type of insurance, which is recognized as compulsory motor liability insurance, the insured in most cases is the owner of the vehicle. In this case, the insurer is the insurance company that issued the compulsory insurance policy.

The insurer is always a legal entity that has the appropriate license to carry out insurance activities. In this regard, the law clearly indicates the inadmissibility of providing insurance services without inclusion in a special register of organizations maintained by the Russian Union of Insurers (SRO of insurers).

Who can be the policyholder

If we consider individuals, then only fully capable persons can be policyholders. According to the legislation of the Russian Federation, a person’s full legal capacity occurs simultaneously with the age of majority. Consequently, only citizens who are over 18 years old at the time of signing the contract can enter into transactions with insurance companies, brokers and other market operators.

At the age of 14-17 years, a citizen is recognized as partially capable. In certain types of insurance, he can act on his own behalf, but with the written permission of his legal representatives. The parents of a minor or his/her current guardians are most often considered as legal representatives.

In addition, foreign citizens and organizations temporarily or permanently staying in the Russian Federation can act as a client of the company. Persons who do not have Russian citizenship enjoy the full range of rights and obligations in insurance on an equal basis with citizens of the Russian Federation without any restrictions.

Also, the policyholder can be any person who is not the owner of the property and has in hand the relevant documents proving the authority to act in the interests of the owner of the insurance object. The type of insurance is also key here: for certain types of insurance, clients must meet some additional requirements.

Who cannot be an insured

Based on the above, a minor cannot act as an insured. also imposed on persons recognized by law as having limited legal capacity or completely incompetent. Such persons cannot enter into civil agreements, since they cannot give an objective assessment of their decisions and actions. In addition to the above cases, the legislation provides for the following:

Lack of a general passport - for citizens of the Russian Federation.
Illegal presence on the territory of the Russian Federation - for foreign citizens.
Lack of title documents - for most types of insurance, the policyholder must present documents for the object.
Action without notifying the owner of the object.
Location outside the territory of the Russian Federation.

The insurance company has the right to refuse to conclude an agreement for other reasons that do not contradict current legislation. But companies rarely refuse, only in exceptional cases. Any negative decision affects the amount of profit received, so refusals are primarily not beneficial for the insurers themselves.

Registration of compulsory motor liability insurance without the presence of the owner

The presence of the owner to obtain insurance is not a prerequisite. But his name fits into the auto insurance policy.

The policyholder must be included in the MTPL insurance as a driver authorized to drive. This is the person who entered into a compulsory insurance contract and made payment. He automatically becomes a driver included in the insurance and is covered by insurance.

For the owner, when registering a car not in the name of the owner, it is not necessary to enter the policy as a driver.

Any driver to whom a power of attorney has been issued can take out insurance without the presence of the owner, and it does not have to be certified by a notary.

The owner of the vehicle can issue a one-time, special or general power of attorney to issue a policy. A handwritten version will also work.

In addition, you will need the following documents:

Insurance Application.
Driver's licenses of all persons who are allowed to drive a car under the MTPL policy.
Driver's ID card and a copy of the car owner's passport.
Documents for the car - PTS and registration certificate.
Previously concluded auto insurance policy.
Directly, the power of attorney itself to conclude the MTPL agreement.

You can present the above list of documents in copies if the insurance company allows it.

Rights and obligations of the policyholder

The policyholder is a client of the company who wants to insure his property, liability, life and health, and other tangible and intangible assets. The legislation does not indicate any restrictions in terms of insurance objects. Insurance companies have complete freedom of action in this regard. In fact, the object of insurance can be any material or intangible benefit that is of a certain value to the insured. In addition, the policyholder has the following set of rights and preferences:

Receiving compensation in the event of an insured event.
Request for any documentation – on paper and (or) electronic media.
Obtaining information on your insurance case.
Involvement of experts to resolve controversial situations.
Early termination of the agreement.
Free choice of insurance company.
Appeal to SRO or judicial authorities - in case of disagreements with the insurer.

Additional rights may be established in a separate agreement. The list shows only the basic preferences of the policyholder, which cannot be revised or reduced by the insurance company, regardless of the subject of the insurance agreement. The main responsibilities of the policyholder include:

Timely payment of the insurance premium - the full cost of the policy.
Compliance with the procedure and terms of treatment in the event of an insured event.
Providing the insurer with complete data to calculate the amount of compensation.
Admission of experts to the insurance object to carry out assessment activities.
Notification of the company about any transformations of the object that directly affect its assessed value.

Additional responsibilities may be established for each type of insurance. For example, in the case of compulsory motor liability insurance, policyholders are required to comply with the deadlines for concluding an agreement. Otherwise, vehicle owners are subject to an administrative fine. With mortgage insurance, the section with responsibilities can consist of a huge number of contract clauses, each of which must be complied with without fail.

Role in issuing a policy

There are two parties involved in signing an insurance obligation - the insurer, who issues the relevant document, and the mortgagor - the insured of the vehicle. It is the latter who has the right to make various changes to the document, at his own discretion, up to and including termination of the contract. And it is not the owner who must insure the car. Of course, his name is also on the OSAGO form, but the insurance belongs to the person who bought it. But the mortgagor can issue a compulsory insurance policy for the owner.

The first has several obligations regarding the car, such as:

provide the insurance company with truthful information, photocopies or originals of the necessary documents for the correct calculation of the premium and signing of the contract;
who to indicate as the owner, to make appropriate changes and amendments to the policy without delay during the current period.

The latter applies to the case if the owner of the car has changed, and you can apply for compulsory insurance without the owner.

Policyholder, owner, beneficiary – one person or not

In accordance with the current procedure, the insured may not be the owner of the insurance object. It is enough to consider the example of compulsory motor liability insurance, when any person who has documents for a car can contact the insurance company. A power of attorney and other additional documents are not required - only a standard package for the car and documents of the person who contacted the insurer.

Beneficiary is the person who receives compensation in the event of an insured event. It is the owner of the insured object, unless otherwise provided by law. Consequently, the beneficiary can be either the policyholder himself or the person who legally owns the insured property.

What rights do they have?

The car owner is responsible for all actions related to receiving insurance compensation in the event of an accident.

Attention! In the event of an accident, a citizen who purchased car insurance from the insurance company can no longer decide anything unless, of course, he has a power of attorney from the owner to represent his interests.

The process of restoring damaged property is based on the actions of the person who owns the property.

The rights of these two persons can be divided as follows:

Policyholder.
Make necessary adjustments when changing owners.
Can renew the insurance contract throughout the year.
May, without agreement with the owner, terminate the insurance contract and receive the unused portion of the paid insurance premium.
The person who has concluded the contract can make changes to it regarding technical parameters (replacing the VIN code, etc.).
It can also make adjustments regarding the stated operating conditions.
Owner.
Decides on the type and amount of compensation for damage caused.
The property owner receives money to compensate for the damage.
Can make claims to the insurance company regarding the amount of compensation and the quality of the repairs performed.
Must be familiar with the insurance act and other documents in the insurance company.

If the owner of the car and the person who entered into the transaction are the same person, then this kind of division becomes, as you understand, irrelevant.

But if the owner of the car and the policyholder are different people, then these positions must be taken into account when concluding an auto liability contract.

Possible insurance schemes

In the vast majority of cases, the policyholder, owner and beneficiary are one person. A person (organization) who is the owner of an object contacts the company on his own behalf, enters into an agreement, and pays the amount of the insurance premium. The same citizen will subsequently have the right to receive insurance compensation.

Less commonly observed is a scheme in which the policyholder is not the owner, but another person is the beneficiary and owner. And it is very rare to encounter a scheme that provides for three different persons. In most cases, deprivation of the property owner's right to receive insurance compensation is associated with legal restrictions.

Example: a citizen who has the right to drive a vehicle, but is not the owner, contacts the insurance company. If an insured event occurs, this policyholder will not receive any compensation, since he, in fact, entered into an agreement with the company on behalf of the owner. When applying for compulsory motor liability insurance, this practice is considered extremely common.

about the author

Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]

Is this article useful? Not really

Help us find out how much this article helped you. If something is missing or the information is not accurate, please report it below in the comments or write to us by email

Who receives insurance compensation in case of an accident?

After an accident occurs, the person for whom the MTPL insurance is issued will not be able to make decisions, since he is not the owner of the car. Namely these actions: write a statement about the accident that occurred and demand payment of compensation for damage. This is only possible if he has a formalized power of attorney from the owner of the car. In other situations, only the owner of the vehicle receives the payment.

The car owner will be able to receive payment for car insurance in cash at the insurer's cash desk or by bank transfer to the bank's personal account. To transfer money, the owner of the car needs to transfer bank information to the insurance company. But in most cases, you will need to receive a referral for car repair.

Comments: 0

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