Practice shows that often the owner of a car is not always its real owner. This usually happens when a car is registered in the name of one citizen upon purchase, and one of the relatives (son, daughter, wife, father, brother, etc.) drives it. Regardless of who has to operate the vehicle, it is mandatory to issue an MTPL insurance contract for it. In this regard, many drivers have a legitimate question: is it possible to get insurance for a car without its owner?
Is it possible to insure a car without the presence of the owner?
Each vehicle must be used only with an insurance contract. This requirement is contained in Article 4 of the Law “On Compulsory Motor Liability Insurance”. The driver is required to have a compulsory motor liability insurance policy in which his data is entered.
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The owner, or any other person who presents documents for the car and a power of attorney issued by the owner of the vehicle, can insure a car without an owner. There is no requirement to have it notarized.
Do not confuse the power of attorney for issuing an insurance policy and the right to drive a vehicle. These are two different documents.
In accordance with the Law on Compulsory Motor Liability Insurance, Article 1, Paragraph 3; para. 8, and the MTPL Rules (Chapter 1, Clause 1), a person who does not have ownership rights to a car can take out a policy for it.
As for CASCO: only the owner of the car or a person who has a power of attorney to drive this vehicle can purchase it.
The Insurance Rules (Chapter 1, Clause 5) say that the insurer does not have the right to refuse to conclude a compulsory motor liability insurance contract for the owner of the vehicle or another person who has a power of attorney. It is enough to come with her to the office of the insurance company, submit the appropriate application and all the necessary documents.
The policyholder is the one who buys the policy. The same person can, if necessary, make changes and additions to it:
- register new drivers;
- change expiration dates;
- request a duplicate.
The legislation provides that the owner of the vehicle can be one person, the policyholder - another, and the driver of the car - a third. The owner and the policyholder can be different people; therefore, two separate lines are allocated for them in the form.
How to add a driver to OSAGO
From June 1, 2015, the policy is issued in two forms: on paper and electronically. The legal force of the two forms of documents is the same. The cost, processing time, and other conditions are completely the same. First of all, the question will be considered: how to enter a driver into a compulsory motor liability insurance policy on paper.
The procedure for changing existing insurance contracts is set out in Art. 1.1. "Provisions". If changes are made to the owner of the vehicle, he is obliged to provide the policyholder with his current personal data. It is strictly prohibited to independently make amendments or additions to the policy. This will invalidate the document. New drivers are added to OSAGO as follows:
- The policyholder applies to the insurance company by application.
- The personal data of all persons who are planned to be allowed to drive a vehicle are attached to the application.
Such actions are subject to the rules established in relation to the insured (the owner of the vehicle or the person using the car legally. The following data for each driver is attached to the application: full name, date of birth, series and number of the driver's license, as well as driving experience in a certain vehicle categories. Otherwise, the insurer receives grounds to refuse to make changes to the current insurance contract.
How to enter a driver into an electronic OSAGO
Changes to the electronic MTPL policy are made by the policyholder independently, without visiting the office of the insurance company. The operation is performed in your personal account. The policyholder receives the data to log into his personal account after receiving the policy on electronic media. Sequencing:
- Find the section called “Make changes” - the section may have a name that is similar in meaning, since the functionality of the official websites of insurance companies is different.
- Fill out an application with information about each new driver.
- Submit the application to the insurer for consideration.
For small companies, the mechanism for remotely amending contracts is not fully operational. Adding a new driver to your policy may be difficult for this reason. In this case, the policyholder must visit the company’s office to make changes to the contract. If the cost of the policy changes upward, the car owner will receive the document after making the appropriate surcharge.
In accordance with Art. 30 40-FZ, insurance companies are obliged to put in order and ensure the operation of their information resources for processing applications under electronic MTPL policies. But so far this legal requirement does not apply in every case. Therefore, the car owner has no choice: one way or another, he has to visit the office of the insurance company.
Features of the electronic OSAGO policy
Electronic policies are usually called E-OSAGO (or EOSAGO). To receive them, and, accordingly, to fulfill obligations under car insurance, the policyholder does not interact directly with the policyholder. To obtain a policy, you just need to submit an online application, pay for the policy according to the current tariff schedule, and wait for it to be ready.
The finished document is sent to the car owner’s email. A printed copy is equal to the original on paper. It can be presented at the request of traffic police officers. In accordance with Art. 32 40-FZ, traffic police officers do not have the right to require the driver to have compulsory motor liability insurance on paper.
Normative base
The main legislative act defining the nuances of acquiring compulsory motor liability insurance is the Federal Law “On Insurance”, dated April 25, 2002 No. 40-FZ. Its first article defines the term insured directly - it is a citizen who has entered into a compulsory motor liability insurance agreement with an insurance company.
The categories of persons related to the civil liability contract under this legislative act (Article 1) are defined as:
- owner of a motor vehicle - a person who owns a car on the basis of a purchase and sale agreement, and for whom this vehicle is registered by the traffic police;
- its owner is a citizen who disposes of the car at a certain time (for example, by power of attorney);
- the policyholder is the organization that sold the compulsory motor liability insurance.
The owner of the vehicle is also the person who uses the car for business activities, operational management, or on another legal basis (the car is rented, used by power of attorney, order, etc.).
This law (clause 2 of article 4) also contains a requirement to obtain a policy no later than 10 days after the legal rights to the vehicle were acquired.
Another document regulating the acquisition of a policy without an owner is the MTPL Insurance Rules, approved by Government Resolution No. 431.
The absence of a car driver's insurance policy is an administrative offense, as stated in Part 2 of Article 12.3 of the Code of Administrative Offenses. In this case, a fine of 500 rubles is imposed on the person driving the vehicle. In addition, the traffic police inspector issues a warning. An administrative penalty will also be applied to the owner of the car in the same amount if the insurance contract does not indicate the person driving this vehicle (Part 1 of Article 12.37 of the Administrative Code).
In 2015, amendments to Federal Law No. 40 were adopted by bill No. 191229-6, which came into force on July 1, 2015. In clause 1.1, an addition appeared that allows the purchase of compulsory motor liability insurance via the Internet.
What is the fine if it is not included in the compulsory motor liability insurance in 2021?
The situation when you need to drive, there is insurance, but it does not cover a specific driver, happens very often. The traffic rules determine the following list of documents that the driver of the vehicle must have:
- Driver's license
- Documents related to the vehicle
- MTPL policy (if provided for by federal law)
Looks like you have a policy - you can move. But that's not true.
Important: Compulsory insurance does not apply to the vehicle, but to the liability of the person driving.
There are two types of policies - limited and unlimited. In the first case, there is a certain list of drivers who have the right to drive a car. In the second case, it can be driven by any person with the appropriate vehicle category.
Limited policies are cheaper, but you must provide a list of drivers in advance. Unlimited policies cost a lot more, but you won't have the hassle of choosing a driver.
Responsibility for the absence of an MTPL policy in 2021 is so far only administrative - a fine of 500 rubles. Lack of insurance is punishable by a fine of 800 rubles. The police file a report and you can move on? It is not always so. Law enforcement officials can remove a driver from driving until he explains why he got behind the wheel in the first place. Registration documents in the name of another person and lack of insurance will raise suspicions of improper use of the vehicle. Therefore, most likely you will have to call and wait for the owner. As a result, you will waste time.
However, the situation is not hopeless. Treason is possible. A document confirming the right of use and relieving you from the obligation to include another person in the insurance will be a car purchase and sale agreement. It can be completed and signed immediately before departure. The validity period of the agreement itself is not limited. In this case, you will not have to present your policy to the police. But you will only be able to drive for 10 days, after which, according to the law, you will have to register the car at your place of residence. Therefore, the policy must be officially issued. Therefore, in extreme cases, you can drive without a civil liability policy, but every 10 days you will have to update the dates and rewrite the contract.
Options for car insurance without the presence of the owner
There are several options for car insurance for those who do not own it, depending on the situation.
If a vehicle is sold under a general power of attorney, the previous owner retains the rights to this vehicle, so it can be included in the insurance. The owner of the vehicle is indicated in the form; the applicant, who is the policyholder paying the cost of the contract, is entered in a separate line. In the future, the person who purchased the policy (the policyholder), and not the owner of the car, has the right to change the terms of the contract (if there is a power of attorney from the latter).
In the case of buying or selling an old car, the new owner must independently enter into a compulsory motor liability insurance agreement, enter his data into it and cannot use the existing policy for the sold car. To sign up for an insurance contract for such a car, you must have a valid diagnostic card.
Resolution No. 1156 of 12.11. In 2012, the requirement to issue a power of attorney to drive a vehicle was abolished. But most insurers continue to require drivers who are not car owners to present this document when applying for an MTPL policy. Therefore, it is better to draw up a trust document, especially since you can only receive compensation for damage from insurance with a power of attorney from the owner of the car.
Is it possible to purchase a policy for a non-owner of a car, issued in the name of the owner?
You can. But for this, if you are a second person, you will need a power of attorney, and without its notarization, the sale of insurance may be legally denied to you, since no one has the right to certify the issued power of attorney.
But in practice, insurance companies are more willing to accept such clients, because otherwise you will go to another company where they will not refuse you.
You will need the following documents:
- Power of attorney to conclude a liability insurance contract from the owner, it is highly desirable that it be notarized,
- The owner's passport is highly desirable,
- Passport required
- A vehicle registration certificate is required,
- If OC is issued to a limited number of people, then the driver's licenses of all those people will be entered,
- if the OC is unlimited, the car owner’s driver’s license can replace a passport (but not officially),
- A valid diagnostic card is required.
Registration of compulsory motor liability insurance without the presence of the owner
To make insurance without involving the owner of the car, you need to issue a power of attorney to perform these actions. This document does not even need to be notarized. The citizen for whom the insurance is made has the right to resolve all issues related to insurance.
A power of attorney can be one-time, special, or general. During its registration, it is advisable for the car owner to also provide options for insurance cases indicating the person (or persons) entitled to receive insurance compensation. In this case, this document is certified by a notary.
Next, to insure a car without an owner you need:
- Collect all necessary documents.
- Come to the office of the insurance company.
- Write an application on a special insurance company form about your desire to purchase an insurance policy.
- Pay the cost of insurance directly at the insurance company office or at the nearest branch of any bank.
- Show the receipt and pick up the policy.
- Check all received documents: original MTPL, insurance premium receipt, notification (European protocol) of an accident.
Required documents
If changes need to be made to the insurance policy, this can only be done by the policyholder during a personal visit to the insurance company.
To register compulsory motor liability insurance without the owner of the car, you must collect the following documents:
- valid policy;
- power of attorney from the owner of the car (you need to check with the insurance company about the need to formalize it);
- copies of passports of everyone who will be included in the insurance, as well as the owner of the vehicle (not necessary if an unlimited contract is purchased);
- a valid diagnostic card for the car (often they offer to do it at the IC office). It should be taken into account that when purchasing a new car, the process of obtaining an MTPL insurance policy is possible without purchasing a diagnostic card;
- for a car - PTS, state registration certificate.
When applying for a new policy without the presence of the owner, you will need to provide identification of the drivers who will drive the vehicle.
If a legal entity issues MTPL, the insurance policy is valid for all employees of the company who must use this car in accordance with their work duties. Any employee of the company has the right to draw up an insurance contract. It does not matter who owns the car. You only need to provide the IC officer with a power of attorney from the owner of the car or an order issued by him.
What the law says
The procedure for registering a car is regulated by Order of the Ministry of Internal Affairs No. 1001 of November 24, 2008.
Despite the fact that some points of the order are updated or changed at certain intervals, today the list of documents required when applying to the competent authorities remains unchanged. The list of required papers includes:
- passport with Russian citizenship;
- confirmation of ownership of the car;
- PTS;
- STS (for used cars);
- car insurance contract;
- receipt of payment of duty.
In the application, which is drawn up when registering a car, there is a field for entering the insurance policy number.
Registration of compulsory motor liability insurance without the presence of the owner online
Most insurance companies offer to issue an electronic MTPL policy. It also has the right to be issued by a person who is not the owner of the vehicle. The driver acting as the policyholder must enter his passport details to obtain insurance and information from the owner’s identity card.
It is advisable to insure a vehicle on the website of the company that issued the previous policy, since its database contains all the data necessary to complete this procedure - on the car, owner, policyholders, persons included in the insurance, etc. This will allow you to issue it without any problems. If the policy needs to be renewed, this option will take a minimum of time.
To obtain insurance for a car without an owner online, you will need to go through the following steps:
- Go to the website of your insurance company, select the “Electronic OSAGO” option.
- Click on the “Buy electronic MTPL” option. If the user is new, you will need to register or log in. When logging into the websites of some insurance companies, you need to use the login and password provided by the government services portal.
- To register, you will have to fill out personal information (passport, phone, e-mail).
- Enter the confirmation code on the registration page, which will be sent via SMS or email.
- Fill out an online application indicating the details of the owner, all drivers, and cars.
The entered information will be checked through the RSA database within 1-2 minutes. Based on its results, the final price of MTPL will be determined; this amount must be paid directly on the website using a bank card. After depositing the money, an E-OSAGO with an electronic signature and accompanying documents (Notification of an accident) will be sent by e-mail; it will also be saved on the Insurance Company website in your personal account. You need to print it out and have it with you while driving the vehicle.
Who can renew insurance
If a motorist does not own a vehicle, he can drive it as long as he has a power of attorney to drive the vehicle.
At the same time, having a compulsory motor liability insurance policy is a mandatory condition.
But the insurance period is only for a year. After the end of this period, the question will definitely arise whether it is possible to extend the MTPL policy without the owner.
In accordance with the law, the personal presence of the owner is not required to renew the insurance policy if the previous policy was issued in the name of the driver.
Thus, a person who is not the owner of the car, but who previously entered into a civil liability agreement, has the right to renew it annually. This can be done for many years, an unlimited number of times.
Required documents
When applying for an MTPL policy online for a car without an owner, the policyholder must indicate in the application form only the numbers or data from the documents, scan them, and submit the information in text form. You need to prepare:
- car passport or registration certificate;
- identification;
- passport details of the owner of the car (if insurance is taken out by someone other than the owner);
- license plate numbers of all drivers included in the policy (if it is issued with a restriction of persons allowed to drive a vehicle), or only the owner of the car (for unlimited electronic compulsory motor insurance);
- if more than three years have passed since the release date of the vehicle, you need to provide its diagnostic card, which in some insurance companies can be done online when applying for an E-policy.
Scanned documents are attached to the application and together with it are sent to the insurer for consideration.
Receiving payments
The owner of the car has the right to receive compensation from the insurance company for the restoration of a vehicle damaged in an accident. This compensation can be collected in cash at the insurance company's cash desk or by transfer using the recipient's details. In order for other persons to also be able to obtain insurance, the vehicle owner needs to take care of all the nuances of applying for a policy in advance. To do this, you need to indicate in it the drivers who are entitled to receive and use insurance compensation during an accident. In this situation, the power of attorney issued to the owner must be notarized.
Who can renew the MTPL policy?
Due to the fact that the insurance is valid for only one year, there will be a need to extend its validity.
To do this, the car owner does not have to personally participate in this process if the expired policy was issued to the vehicle driver acting as the insured. Accordingly, the person who issued the MTPL can renew it every year. The number of extensions is not limited, that is, this can be done for many years.
Insurance when selling or buying a used car
When concluding a purchase and sale agreement for a used car, the owner should understand the procedure for preparing the relevant documents, including the MTPL policy.
In such cases, special rules apply regarding the duration of insurance. The new owner cannot use the former owner's policy, even if the document has not expired at the time of purchase.
In this regard, when purchasing a used vehicle, the driver must issue a new MTPL policy; it will come into force from the moment of registration.
This requirement is due to the fact that when concluding a new car insurance contract, the car buyer will have to re-issue a diagnostic card and registration certificate.
These documents indicate the name of the owner, so the insurance must be transferred to the appropriate person. Otherwise, if an insured event occurs, the new owner will not be able to use the car insurance.
Is it possible to add more drivers to the policy?
The owner of the vehicle can enter into the MTPL agreement the data of all persons who are allowed to drive this vehicle. But we must not forget that the more drivers indicated in this document, the higher its cost. In this regard, it is advisable to indicate only those who use the car regularly. The driver who bought the policy and is the policyholder can add one more person.
When taking out a policy by another person who is not the owner of the vehicle, it is allowed not to indicate the owner of the car as the insured in the insurance, since the presence of a compulsory motor liability insurance agreement automatically gives him the right to use this vehicle.
How much does it cost to add one more person to the MTPL insurance?
Probably every policyholder knows that for every perfect year of driving, he receives a 5% discount from the insurer the next time he signs up for a contract; it accumulates constantly, and can reach a maximum value of 50% of the policy cost.
According to the new rules, the data of all drivers who have ever issued compulsory motor liability insurance are entered into a single database, and if he was paid compensation at least once, then this will also be reflected.
The principle of payment will be calculated from the remaining days until the end of the contract, and the experience of accident-free driving will be taken into account, that is, the Kbm coefficient, that is, a discount for driving without incidents.
But if it is necessary to add to the list someone who does not have any driving experience, then there is no talk of any discounts; on the contrary, the owner will have to pay taking into account the increasing factor.
