Is it possible to do compulsory motor liability insurance according to the law without having rights?
Yes, you can. And the point here is the subtlety of insurance legislation. Of course, you will not have the right to drive this car, even if you own it, since you do not have a license.
And the key to this possibility lies in a number of nuances:
- the owner, the policyholder and the person admitted to management - all of these can be 3 different people, and two of them may not have the rights to issue compulsory motor liability insurance,
- the right to drive does not need to be confirmed when purchasing a policy,
- but to be able to drive a specific car under a specific insurance policy, you must still have a driver’s license.
Ways to reduce the price of compulsory motor insurance for a vehicle owner without a license
The cost of insurance is influenced by many factors, one of them is the class of the driver. Therefore, if you want to save on the cost of compulsory motor liability insurance, you need to choose subjects who have a good driving history. If possible, it is better to include in the policy a driver with more than three years of driving experience. The driver must be over 22 years old.
If the machine will be operated by several subjects, then they must all have more than 3 years of experience. This is ideal. If not, then for the calculation the company will not take the average coefficient, but the smallest one. They will focus on the performance of the most inexperienced and youngest driver.
If you meet these conditions, you can save 20-25%. At the same time, age and driving experience play almost equal importance.
Thus, there are no problems in purchasing compulsory motor liability insurance for subjects who do not have a license, but have acquired a car. The registration procedures are normal, and the insurance conditions do not fundamentally differ from the standard ones. The main thing is to decide on the type of insurance. That's all.
Will insurance be issued if the owner of the car does not have a license?
So, let's start with the basic question - you are the owner of a car, and you do not have a driver's license. In this case, will you be able to purchase compulsory motor insurance so that you can drive a car legally and without fines? Of course you can! And you have 2 ways for this:
- acting as the owner and policyholder, you can take out MTPL insurance without a license, but then you will not be included in the number of allowed drivers, and you will have to add someone else to the policy,
- The problem above is solved by obtaining an unlimited insurance contract - that is, when the number of allowed drivers in the policy is not limited.
But the common belief that the owner of a car must have a license is wrong. As of 2021, there is not a single law or other legal act that would oblige the owner of a car to have a driver’s license. Otherwise, this could be a condition for purchasing a car at all.
Here we should separate 2 different concepts:
- the right of ownership of property (movable or immovable - does not matter) - it is enshrined in the Constitution of the Russian Federation,
- the right to drive vehicles is a special right that is granted after successfully passing exams and is confirmed by a certificate (clause 2 of Article 25 of the Federal Law on Road Safety).
And no requirements or rules establish a mandatory relationship between these two human rights. Consequently, other laws cannot contradict those stated above and require the rights of the owner when concluding an insurance contract.
Let's look at 2 ways how you can apply for compulsory motor liability insurance without rights, with links to the official law.
Driver's license - only for registered drivers
Actually, when you come to take out insurance at the office of the insurance company or when filling out data on the insurer’s website when applying for an electronic policy, no one will ask you if you have a driver’s license. Just as no one will check the databases whether you have rights or not.
You can only come across a restriction due to the lack of the necessary document - a driver's license. Therefore, we need to find out whether it is mandatory when purchasing insurance.
The answer to this question is given to us by Article 15, paragraph 3, subparagraph “g” of the law on compulsory motor liability insurance, which lists this document. Read carefully!
3. To conclude a compulsory insurance contract, the owner of the vehicle submits the following documents to the insurer: ... e) a driver’s license or a tractor operator’s (tractor driver’s) license, a temporary certificate for the right to drive self-propelled vehicles, or a copy of one of the specified documents in relation to persons authorized to drive a vehicle means (if the compulsory insurance contract is concluded with the condition that only certain persons are allowed to drive the vehicle)…
Thus, we find out that it is possible to issue an MTPL policy only with the driver’s license of the people who will be included in it, and the license of the car owner himself is not needed if he himself is not included.
But let's look at the main differences and understand with the simple example below how this happens!
The insured is not an admitted person
The fact is that the 2021 legislation divides the MTPL agreements into as many as 3 separate entities:
- car owner - the person to whom the car belongs, its owner; as we found out above, he does not necessarily have to have a driver’s license (definitions in Article 1 of Federal Law-40),
- the policyholder is already the person who buys the MTPL policy... and yes, it does not have to be the owner,
- the person admitted to management is the one who is entered in column No. 3 of the policy form - and it is he who, based on the official interpretation above, cannot but have the rights to obtain insurance.
Let's give a simple example. Vasya purchased a Zhiguli car under a sales contract. Thus, he is the owner (and proprietor - these concepts are not separated in MTPL) of the car. Now he needs to insure it. But he doesn't have a driver's license. And there is still no time, so he instructs his brother Vanya to go and buy insurance. Vanya goes to do OSAGO - he is the policyholder. And Vanya doesn’t have a driver’s license either. Therefore, he takes the ID of their mutual friend Kolya, who has the right to drive, and enters him into the number of allowed drivers. Everything is in profit, and everything is legal!
Please note that nowhere in the law on compulsory motor liability insurance does not contain requirements for the owner to have a license, but the policyholder does not necessarily have to have one.
Another way: unlimited insurance
Let's slightly change the conditions from the example above - let's say that Vasya and Vanya do not have any friend Kolya, and in general Vasya has no idea who will drive the car in the future.
In this case, Vanya can arrange insurance for Vasya with an unlimited number of people who can drive these Zhiguli cars. We are talking about the same 3rd column. Only in this situation, the insurance company employee puts a dash in the table, and above notes with a corresponding tick that the compulsory motor liability insurance is without restrictions.
In the case of unlimited insurance, when purchasing a policy, you do not need to provide anyone's rights at all. We look at the condition in brackets from the official interpretation of Article 15 of the Law on Compulsory Motor Liability Insurance above. It is there that it is stated that rights are granted only if the agreement is concluded with a limited number of persons.
Responsibility when the owner is nearby
If the person driving the car is not included in the insurance, what fine will he face if the owner is present? Regardless of whether the owner is nearby or not, limited car insurance, even if the owner is nearby, requires that the person driving the vehicle be indicated in the insurance contract. For this violation, administrative punishment is inevitable, but in the regulations there are discrepancies regarding who is subject to it: the owner of the vehicle or those at the helm.
As a rule, a fine for the fact that the driver is not included in the insurance is issued to the driver of the car. The amount currently amounts to five hundred rubles.
As a result
Thus, we draw important conclusions:
- the car owner can get a compulsory motor liability insurance policy for a car without a license,
- just as the owner may not necessarily purchase insurance, but the policyholder is a completely different person (with documents for the car), and he may also not have a driver’s license,
- in both cases above, you will need to include a person with a driver’s license in the issued policy,
- or get unlimited insurance.
But there is an important subtlety here!
How much does it cost to issue a policy without rights?
There is a difference between a limited and unlimited MTPL policy:
- insurance with a list of allowed drivers will cost a certain amount with a coefficient equal to one (that is, the very fact of limiting the allowed people does not change the final cost of compulsory motor liability insurance in any way),
- but the policy is without restrictions, then this very fact increases the price of compulsory motor liability insurance by 1.87 times - this coefficient is applied in accordance with paragraph 3 of Appendix 1 of the Bank of Russia Directive No. 5000-U On insurance tariff rates.
The fact is that the calculation of how much insurance will cost is made according to the formula: first, the base rate is taken from a certain corridor (see the same Directive of the Central Bank of the Russian Federation at the link above), and then coefficients are applied to it, increasing or decreasing the final amount.
So, with an unlimited policy, the amount in the calculation is immediately multiplied by 1.87. For example, if limited OSAGO insurance costs you 7,000 rubles, then without restrictions it will cost you 13,090 rubles, all other things being equal.
Why, other things being equal? Because there are several more coefficients that depend on each driver included in the limited insurance, and which, obviously, do not apply to the unlimited policy (there are no people included). These are coefficients of the driver’s age and experience, as well as KBM - a no-accident discount (or “cape” that increases the cost of the policy if the driver is often the culprit of accidents and insured events).
Thus, it will not be easy to calculate how cheaper it will be in your case when you can get insurance without a driver’s license. After all, a limited policy, although it costs less, can become more expensive due to an unfavorable driver (for example, a young driver with no experience and who has been involved in multiple accidents). But you can contact any insurer/agent for this - they will almost always agree to make 2 calculations, or calculate online.
Calculate the cost of MTPL insurance
Policy price
So, unlimited insurance has a number of advantages. So the question is price. As a rule, choose the cheapest option. If we compare the price of limited and unlimited insurance options, the average difference is 80%. If the policy specifies, for example, a person under 22 years of age or has less than 3 years of experience, this will also increase the price.
And another interesting fact: now absolutely all young drivers pay an additional insurance premium to the company. Its size is determined by the insurer.
And below is an example of calculating the cost of compulsory motor liability insurance with an unlimited option.
Example: a young driver insures a passenger car. Power – 98 hp. The owner is registered in Moscow.
We get the following calculation:
- the basic tariff for 2021 is 4118 rubles;
- territorial coefficient – 2;
- power factor – 1.1;
- premium for unlimited policy – 1.8.
All values are multiplied and a figure is obtained in the amount of (4118*2)=(8236*1.1)=(9059*1.8)=16307 rubles.
Is it possible to issue an MTPL policy for another person without rights?
Yes. As we indicated above, if you own the car, you do not have to be the policyholder - anyone else can buy insurance. And there are no obstacles if he doesn’t have a driver’s license either.
Please only note that the policyholder will need the following list of documents to enter into an MTPL agreement:
- his passport,
- vehicle registration certificate (if available),
- application for registration of a policy (most often filled out at the insurance office or online),
- driver's license of registered drivers (if compulsory motor vehicle liability insurance is limited),
- documents on the ownership of the car (according to the law, a purchase and sale agreement, but insurance companies most often accept a set of PTS + STS or only STS),
- a valid diagnostic card confirming that you have passed the technical inspection.
What should I do if I later get my license?
Everything is even easier here! When you successfully pass the exams and acquire the right to drive, you can enroll yourself in the insurance. The only question is that in this case the policy will be quite expensive for you due to your lack of experience.
If your insurance is unlimited, then there is no need to take any action at all. But there is a subtlety here too. It lies in the above-mentioned accident-free experience coefficient - KBM. In the absence of your fault in insurance cases, it falls by 0.05 every year - that is, insurance costs you 5% less annually. And with unlimited insurance, the KBM will only change if we are talking about your car - you as the owner. But if a person is not included in any policy for a simplified year, then his accident-free experience will not increase.
I don’t have a compulsory motor liability insurance policy – what will happen to me if an accident occurs?
Since motor vehicle liability insurance is mandatory in Russia and is intended, at least in the opinion of legislators, to simplify the life of motorists, the absence of an appropriate contract may result in 2 consequences:
- since the law regulates the obligation to have compulsory motor liability insurance in all cases of movement, then for its violation you will face administrative punishment,
- but even in the absence of insurance itself, civil consequences may await - payment of damage to the victim.
But in our article we are talking about the case if you are involved in an accident for which you are not to blame, but you do not have a compulsory motor liability insurance policy. And in this case, you may only face a fine.
Subtleties of culpability in an incident
But note that innocence in an accident is a very delicate and unstable matter. The point here is that it is very easy to become a culprit. However, in order not to delve into this issue, which is not entirely on the topic of the article, we will note only the most important subtleties that you need to know.
- If none of the participants in the accident went to court, then the culprit is the driver, against whom a decision was made with a fine or other punishment.
- If both drivers were issued sanctions, then the guilt will be mutual, 50% share for each of the two participants (or also equally if there are more participants).
- But the culprit can appeal the decision, and then the blame or part of it can be shifted to you - and no one will care that you were not involved in the accident without compulsory motor liability insurance.
- If there is mutual guilt and the person goes to court, guilt (only by the court) can be distributed in a manner other than equally. For example, 80% on the driver who did not give way, and 20% on the participant who exceeded the speed limit, although he had the right of way.
If you don’t have rights because they were deprived of them?
Above, we looked at situations about whether and how it is possible to make an MTPL policy for a car without a driver’s license if you have never received one. But deprivation is a punishment that temporarily suspends the right to control. In this case, you can even be included in the policy as a driver - you only need the details of your driver’s license: series and number, as well as a copy of the license. The personal data is usually indicated in the court order on deprivation, a copy of which you should have on hand.
But for a copy, you can contact the traffic police department where it is stored. No, the traffic police are unlikely to do it for you - but you can simply take a photograph of the document; in most insurance companies, a photograph is most often suitable. But just in case, just install an application that allows you to make a scan from a photo.
Is it possible to enter a person without a license?
And this is the only question in our article, the answer to which is “no”.
Above we have given the official interpretation of subparagraph “e” of paragraph 3 of Article 15 of the Federal Law on Compulsory Motor Liability Insurance. It is this norm that provides for the mandatory driving license of the registered driver.
But if you need a specific person to drive the car, simply take out an unlimited policy. Yes, it will cost more. And this will only be a formality - in this case there will be no violations of the law on compulsory motor liability insurance when this person is driving a car. But in any case, driving without rights is a violation that is punished quite severely.