Is it possible to re-register compulsory motor liability insurance for a new owner: what is the procedure for changing ownership, including when selling a car, what documents are needed for the policy? UrAvto.com

Is it even possible to re-register OSAGO for a new owner?

The law stipulates that it is necessary to redo the compulsory motor liability insurance for each of the registered vehicles within the established time frame, since this is the responsibility of each driver.
If you do not rewrite the policy, in accordance with the requirements of the Code of Administrative Violations, penalties in the amount of 800 rubles are imposed. Therefore, it is recommended to transfer the insurance documents as soon as possible by creating a new contract. You cannot independently re-register MTPL for a second car. In the process of preparing the document, data will be entered into the database not only about the motorist who owns the vehicle, but also about the technical characteristics of the car.

The insurance premium also depends on these indicators. Therefore, the usual transfer of data from one policy to another is not possible.

To do this, a free-form statement is written stating that the transaction is canceled due to the official sale of the car. You should submit documentation from the traffic police on the fact of deregistration, from the tax service, an agreement with an act of a completed transaction - sale. Insurance company specialists promptly cancel the transaction, and cash for the unused period is given personally to the owner.

The owner of the vehicle must contact the insurance company in a timely manner, preparing a set of documents; the organization will return the money for the period when the person was not the owner of the car.

There is another way to resolve the issue with less losses. OSAGO from the old car will be transferred to the new one. This is rarely done, since insurers rarely agree to this. The first and second cars are serviced by the same insurer. If the company agrees to the request, an application is submitted, as well as documentation:

passport details;
driver's license;
PTS;
confirmation of technical inspection;
former VHI.

When replacing a vehicle, it is mandatory to renew the insurance contract and CASCO for a new vehicle, since the protection will be extended to the car itself. But when the driver changes, the contract is still reissued.

If the car owner is going to purchase a new car or does not want to transfer the current insurance to the buyer, the MTPL is canceled and the remainder is transferred to a new contract. To complete this procedure, an application must be provided with the attached policy. The company’s specialist deducts the amount based on the days that passed before the transaction was completed, and also transfers the entire balance free of charge.

This method applies to a policy without payments for time used. A convenient option for drivers who are immediately buying a new car.

You can terminate the contract and receive the balance. This procedure is available if a person has 2 cars at his disposal, one of which is sold under a purchase and sale agreement, and the insurance policy for the second was obtained from the same company. The same citizen acts as the insurer of the cars.

When the contract is terminated early, the insurance company charges a 23% premium when calculating the remaining funds. If an existing MTPL policy is issued for a new car, this percentage is not withheld.

The same option for re-registering a documented transaction is suitable for persons purchasing a new car immediately after the sale. This means that only vehicle owners who have another vehicle insured by the same insurer can use the census.

This option of renewing the insurance contract occurs in rare cases, since, in addition to having two cars, you also need insurance from one institution. You can calculate using an online calculator what the transaction cost and balance will be. On the official websites of insurance companies there are special calculators where you just need to enter data on your car.

Contacting an insurance company with a request to transfer insurance to a new car is carried out exclusively by the policyholder or an authorized representative who has the authority to transfer changes to the insurance contract. All other citizens do not change the clauses of the contract, so the policy will remain unchanged.

The procedure is as follows:

First, you need to make sure that the owner of the vehicle has the right to reissue the MTPL policy. To do this, the above conditions must be met.
Collect the necessary documents.
Arrive with your documents at the office of the insurance company.
Fill out an application for renewal of insurance for a new car and attach a list of necessary documents to it.
Get an updated insurance policy.

The extension will be made for an appropriate surcharge, the amount of which will be calculated by an employee of the insurance company. In this case, payment can occur either at one time or in stages.

We suggest you read: What to do after buying a used car

Documents you need to prepare:

Vehicle purchase and sale agreement.
Vehicle passport where its new owner is registered (or invoice certificate).
Passport of the second vehicle or STS.
The policyholder's passport or other identification document.
Driver's licenses of all persons who are allowed to drive a car.
Both insurance policies.
If the second car is older than three years - a diagnostic card.
If a trusted person acts on behalf of the policyholder - a certified power of attorney.

The procedure for renewing insurance for a new vehicle is quick. The policy will be reissued on the same day when the policyholder contacts the company’s office. At the same time, there is no need to pay any additional fees, duties, etc. – the procedure is completely free.

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When concluding a transaction, be it a gift, purchase or sale, or transfer of a car by proxy, the alienator relieves himself of liability to the victim in the event of an insured event. As soon as the vehicle is transferred to the new owner, the MTPL agreement is no longer valid. Motor vehicle liability is assigned to the new owner, therefore, the policy must be reissued within 10 days.

Is it possible to re-issue MTPL for a car if the owner has changed? Among the possible options, there is one such as re-registration of the MTPL agreement from the old owner to the new one. By the way, insurers are much more willing to take this step, which cannot be said about the payment of compensation for early termination of the contract, which is provided for in Art. 10 clause 4 of the Law “On Compulsory Motor Liability Insurance”.

The new owner of the car will need MTPL insurance, which includes his name. It goes without saying that the old owner is not obliged to reissue the policy to another owner. However, the vehicle license will have to be redone in the following cases:

alienation of a car under a contract of sale, gift, exchange, etc.;
transfer of the vehicle under a general power of attorney.

There are several options for purchasing an MTPL agreement if the owner of the car has changed, namely:

registration of a new MTPL policy after purchasing (receiving as a gift) a car;
adding the name of the new owner to the current policy;
re-registration of a car title to a new owner in order to use the remaining insurance period.

Options for changing insurance when selling a car

Selling a car is the exercise of your right to dispose of your property. The reasons may be different, but the goal is the same - to get money. Both parties, the seller and the buyer, are interested in minimizing costs. When it comes to cars, purchasing auto insurance policies is considered one. Therefore, it is worth knowing whether it is possible to rewrite the insurance for another car for every car owner preparing to sell it.

The methods for re-issuing insurance to a new owner, regardless of which company provides this opportunity (AlfaStrakhovanie, VSK, Ingosstrakh, RESO, Rosgosstrakh and others), are as follows

Leaves the policy and changes the contract when purchasing a new car(s). The period of coverage will be limited to the duration of the policy.
Amends the contract to name the buyer as an eligible driver for the program. At the same time, an agreement was reached on monetary compensation for the continuation of insurance under the MTPL policy.
He must terminate the contract and return the unspent portion of the insurance premium.

Depending on the agreements on compensation for additional costs and possible risks, the seller decides whether in a particular situation it is possible to change insurance from one car to another. The best option is a written agreement outlining the intentions of the parties.

If the transfer of a car for a fee is carried out without a purchase and sale agreement (for example, under a general power of attorney), the new owner may be indicated as the person authorized to drive the car. To correct this information, the policyholder must come to one of the company's offices, where he represents the buyer not as the new owner of the car, but only as another driver.

By using this option, you do not change the owner of the policy and do not relieve yourself of responsibility for providing correct documents in the event of an accident. This only benefits the buyer.

The answer to the question whether it is possible to reissue an MTPL policy for another car is very useful for the seller. Insurance rules allow this possibility, since financial coverage does not extend to the car, but to liability to third parties.

Important! If the vehicle is not re-registered to the new owner, the responsibility for paying property taxes and fines resulting from automatic traffic control remains with the “old” owner.

There are often cases when the buyer refuses compensation for unused days under the protection contract, and the owner does not think about whether it is possible to transfer insurance from one car to another. In this case, he considers it necessary to terminate relations with the insurer early. The consequences of making such a decision are as follows:

The insurer receives the policy and documents confirming the identity of the owner;
the policyholder writes a statement of intention to terminate the contract, with a mandatory indication of the reason;
An authorized representative of the company will calculate the remaining amount of the contract, including the penalty for early termination at the initiative of the policyholder (about 20%).

Warning. It may take a month from the moment the contract is terminated until the money is actually received. They will be transferred only in the form of a non-cash payment to the policyholder’s bank card.

Can insurance be transferred to another car, as well as transfer features?

Unfortunately, the specifics of calculating the insurance premium in this case, as well as the re-registration procedure itself, are not covered in any regulatory act. Therefore, insurers act at their own discretion and recalculate only upward. So the new owner:

or pays the missing amount if his insurance history is worse than that of the former owner;
or does not take any steps, even if his history is better than that of the alienator.

Persons who legally use vehicles terminate contracts with the insurance company. The insurer itself must return the funds for the duration (in days) of the insurance coverage that they did not have time to use.

Another option is for the owner of the vehicle to issue a car title to the person who buys the car. But in this case, the money will be returned not by the insurance company, but by the buyer himself.

To transfer insurance to a new car, there are two ways: terminating the contract with the insurance company and concluding a new one or renewing the policy for another vehicle.

If one vehicle is sold and another car is purchased, insurance is taken out from the beginning, under a new contract. How to deal with documents for an old car:

the documentary transaction with the insurance company is terminated and funds are returned for the unused period;
insurance documentation is put aside until the contractual legal relationship is completed. Relevant if there is about a month left;
OSAGO is purchased for the buyer of the car and amounts are required from him for the time not used in the contract.

In this case, the auto insurance policy will not apply to the old car, due to the fact that the policy is being rewritten for a new one, the legal relationship is terminated in any case, since the documentation contains information about the sale of all vehicles. The Federal Law “On Compulsory Motor Liability Insurance” contains information that in case of an accident involving a car that is not included in the policy, compensation is not returned.

Insurance termination procedure

The sooner you apply for termination, the better. If you sold your car in September and contacted the insurance company in October, then no one will return your money for this month, so you need to worry about going to the insurance company immediately after the car has changed its owner.

If you purchased a new car, then you also need to apply immediately, both for registration of a new OSAGO and for termination of the previous one.

Termination of compulsory motor liability insurance at one’s own request is specified in the contract as “other cases”. The list also includes “change of vehicle ownership.” On both counts, delays often occur because insurance companies do not want to return the funds.

To initiate the termination process, you need to:

Write a statement to the insurance company stating that you want to do this and why you want to do this.
Attach a photocopy of the insured person's passport.
Provide documents that the insurer may require as proof that you do not have a “different case” (usually a document on the purchase and sale of a car for which insurance was issued)
Attach the policy itself, bring your contract with the insurance company. It would not be amiss to provide receipts for payment for compulsory motor liability insurance.
Wait for the application to be reviewed - no more than 14 days from the date the insurer accepted your application and package of documents.
Transfer of funds is made within the same 14 days, unless otherwise specified in the insurer's contract.

Some insurance companies do not return cash in the same form, so it is recommended that you also bring the details of your bank account, where part of the insurance amount will be returned. If you paid by card, the money should go to it, you don’t need to provide anything additional.

In what cases will the insurance company refuse?

All legislative acts relating to compulsory insurance provide an explanation of the procedure for early termination of compulsory motor liability insurance, but they do not say a word about re-registration. This gives the insurer the right to act at its own discretion, so refusal to renew the insurance contract to another person is also possible.

We invite you to read: When does collective liability apply?

However, insurance companies understand that in this matter it is better to meet the policyholder halfway for at least the following two reasons:

a new car owner is a potential client who is less likely to want to buy compulsory motor insurance where he was refused to renew the contract. Consequently, the company loses the new owner of the vehicle as a client;
if the insurer refuses, the old owner will most likely want to collect the remainder of the insurance premium for the unused period, which is completely legal and completely unprofitable for the insurer, and it will not be possible to refuse this either.

Therefore, large and rated insurance companies almost always willingly agree to reissue an existing contract, since they understand that this is the most, if not profitable, then the optimal scenario for the development of events. Refusal may come from small firms citing the individual characteristics of running an insurance business that do not allow doing otherwise.

However, sometimes the refusal is quite justified. For example:

the insurance history of the new owner leaves much to be desired - the coefficients are too high, so the insurance company does not agree to re-register;
the previous owner caused the accident during the current insurance period. In this case, the insurer almost always refuses to re-register.

In case of refusal, the old owner has no choice but to terminate the contract and receive payment for unused insurance, and the new owner must enter into a new contract with the selected insurance company.

The transfer of ownership of a car can occur through a document of purchase and sale, or by a general power of attorney. This is also related to differences in the methods of reissuing a policy. They may be as follows:

the previous owner includes the buyer in the car insurance and gives him this document;
the seller breaks the contract with the insurance company, and compensation for the unused period is returned to him;
the current policy is reissued to another citizen or car.

Thus, the answer to the question: “Is it possible to drive under the old owner’s insurance?” This is allowed if the policy is transferred to a new owner who is included in this car insurance.

A situation often arises when the person selling the car plans to subsequently purchase a new car, so there is no point in terminating the existing insurance, but only needs to change it.

It’s the same with the buyer: if you have a motor vehicle license, you only need to enter the changed information into the unified register of the RSA.

The registration procedure must take into account all available nuances and be adopted by mutual agreement of the parties.

If a general power of attorney is executed and the seller agrees to the buyer using the current insurance, the new driver can simply be included in it. To do this, you need to visit the insurance company. In this situation, do not forget about the need to conclude an additional agreement on compensation on the part of the new owner for the unused insurance period.

Its value is easy to calculate:

the cost of one day is determined by dividing the annual amount by the number of days in the year;
the result is multiplied by the number of remaining days.

It is worth considering that this option is only possible if there is no change in the region of registration of the car, because there may be differences in the cost of compulsory motor insurance.

As for the termination of a motor vehicle license. If the new owner refuses to pay compensation, it can be reimbursed by the insurance company after the auto insurance contract is terminated. In accordance with paragraph 4 of Art. 10 Federal Law No. 40, the insurer is obliged to compensate for unused policy time.

In this case, it is necessary to submit a contract for the sale of a car to the insurance company before the end of the day of its conclusion in order to record this event.

But you need to take into account that the insurer in such a situation will withhold a twenty percent penalty. In this regard, if you plan to continue driving another car, drawing up a new contract or re-registering the old one is much preferable from an economic point of view.

Bottom line

Expert opinion

Mironova Anna Sergeevna

Lawyer and lawyer for automobile law. Specializes in administrative and civil law, insurance.

The transfer of the vehicle title is carried out by the official owner of the vehicle on the day the application and documents are submitted to the insurance company. There is no additional payment required for the contract renewal process. You need to have information about the car and the owner with you.

An insurance company specialist makes insurance transfers for the procedure of prolonging the transaction for a second vehicle. The owner has the right to payment of the premium amount (which is not covered by the compensation amount for the first insurance issue) on the day the application is submitted or in stages.

We suggest you read: How to demand money from the bank for insurance

Step-by-step instructions for re-registration

The procedure for reissuing a policy is the same, however, in each case there are features that depend on which path the alienator and the acquirer choose.

Step one

Preliminary resolution of financial issues. The old owner paid for the entire insurance period, so it is quite natural that he wants to get his money back. If the previous owner wants compensation for unused insurance, and the potential buyer agrees to its terms, he has several options:

include this amount in the cost of the car;
receive it from the new owner upon re-registration.

Often, compared to the amount received from the sale of a car, this figure does not seem significant, and this issue is simply not raised.

Step two

Preparation for re-registration of compulsory motor liability insurance at the conclusion of the transaction. The issue of re-issuing an insurance contract must be discussed at this stage. If the car is transferred under a general power of attorney, the new owner can be included in the policy, but if it is a deed of sale, this option will not work - you will have to issue a duplicate policy for the new person.

These points are discussed orally, or recorded on paper if both parties are interested in this. The issue of re-registration of compulsory motor liability insurance can be considered as a separate clause of the property agreement, or a separate document can be drawn up, where the subject of the agreement will be the motor vehicle title.

Step three

Collection of documents. The seller will need a policy and an application for renewal. The buyer must provide a complete package of documents:

passport;
property agreement;
PTS with the latest information;
driver's licenses of the new owner and all authorized persons.

If we are talking about a legal entity, then you will need to provide a full package of statutory and registration documents to the company to which the car was transferred.

Step four

Visit to SK. The seller and buyer must visit the insurance company together. If the new owner cannot come to the office in person, he can transfer all the listed documents through the previous owner, whose presence is required. This is a common practice when a deal is concluded between good friends.

Step five

The final stage of re-registration. At the end of the procedure, the new owner receives a duplicate of the insurance policy. The old one must be destroyed. In addition, he is given a copy of the receipt for payment of the insurance premium, two copies of the European protocol and the insurance rules.

Refund of money under the MTPL agreement

The refund is calculated from the moment the application for termination of the contract was submitted to the insurance company. The return is made to the owner of the vehicle or the insured person who has a power of attorney. The money is transferred within two weeks from the moment the application is submitted - in any case.

Important! By law, the insurance company must pay compensation for part of the insurance premium for those days and months that you will not use compulsory motor liability insurance. In this case, deductions from the amount can amount to 23%.

Remember that the insurance company can withhold 23% of the amount:

20 percent goes to company expenses.
3 percent goes to contributions to the RSA.

This percentage is not reflected in official laws and documents, but insurance companies require its retention, according to two points:

Civil Code of the Russian Federation, Article 958 - the insurer must receive part of the premium for the period of insurance.
MTPL rules, paragraph 34 - the insurer can return part of the monetary reward only for months of non-use of the policy.

In practice, many car enthusiasts do not even think of complaining about such a deduction from the refund amount, but some manage to win the case in order to receive this 23%.

The period for which you must return funds under unused compulsory motor liability insurance begins to count from the next day after writing the application for termination of the contract with the insurance company. This is why it is very important to start this termination procedure as early as possible.

If, after the 14-day period, the funds have not been credited to your account or card, you will need to begin proceedings with the insurance company - submit a claim, then contact the RSA or the Federal Tax Service. If appealing to these organizations does not produce results, and the insurer continues to retain your funds, you must go to court.

When re-registration is not possible

But renewing the policy for another car is impossible (except for one situation). When the insured vehicle is sold, the old policy remains issued to it. There are the following ways out of the situation:

Terminate the insurance contract with the insurance company. In this case, the car owner will be returned that part of the funds that corresponds to the unused period of validity of the compulsory motor liability insurance policy.
Renew insurance for the future owner of the vehicle with the expectation that he will financially compensate for the remaining period of validity of the insurance policy.
If the MTPL expires in less than a month, then nothing can be done.

It is worth keeping in mind that, based on clause 1.16 of Chapter 1 of the OSAGO Rules, upon termination of the contract with the insurer, 23% of the refunded funds will be withheld. Of these, 20% goes to the insurance company itself (for services provided), and the remaining 3% is paid to the RSA. When renewing a policy, this 23% fee will not be charged.

How to make changes to e-OSAGO

If the policy was purchased online, the procedure for making changes to it will be similar. But some companies give you the opportunity to make changes online. This is done on the website of your insurance company through your personal account.

The policyholder needs to make the necessary amendments to the electronic insurance. Then he will receive a new document electronically. Sometimes the insurer may send a justified refusal to make amendments. Then the car owner will have to visit the office of the insurance company, where he will receive a new paper policy. Its validity period will not change.

In what cases is it permissible to transfer insurance?

There is one exception when it is still possible to reissue an MTPL policy.

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If the car owner, after the sale of the vehicle, does not remain in the possession of the insured car, it will not be possible to transfer the MTPL insurance policy to the purchased car.

Important Tips

it is impossible to resolve the issue of re-registration remotely - it is best to visit the main office and rewrite the policy to the new owner there;
if the old owner wants to renew the contract for a new one and at the same time receive compensation for unused insurance, then the best option would be to include this amount in the cost of the car and not discuss this issue separately;
the insurance company must be notified within three days of receiving new license plates after re-registration of insurance;
A duplicate policy is usually issued free of charge, but some insurers insist on additional payment - on average 400-600 rubles.

What documents are needed to make changes?

During this procedure, you will need the following package of documents:

insurer's passport;
original policy;
documentation confirming the fact that the above changes have been made - for example, this could be a certificate of marriage or divorce;
if a person represents the policyholder, but is not him, it is necessary to provide a notarized power of attorney;
if a new driver enters, his ID and driving license.