How long can you drive with expired insurance according to the law and is it even possible?
First you need to consider how long the MTPL insurance is valid. The standard policy is valid for a year. The law identifies groups of cars for which this period may be revised:
- A car registered in another state and staying in the Russian Federation temporarily. In this case, the driver can take out insurance for a period of 5-15 days.
- A foreign car passing through the Russian Federation to another country or going for a technical inspection. Regardless of the transit period, for such situations there is compulsory motor liability insurance for 20 days.
- A car that will be permanently registered with the traffic police.
The last group includes all cars registered in the Russian Federation. The insurance period for them ranges from 3 to 12 months. In most cases, the most profitable option is to take out a policy for a year. But there are drivers who use the car only for a specific period, including:
- Persons going on long business trips, seasonal work, vacations, and so on.
- Car owners who use the vehicle only in summer, winter, and so on. Often these are people who have several cars at their disposal.
- Drivers planning to sell their car in the near future.
When purchasing insurance, the driver must note the period of use during which he plans to use the car.
Can a driver drive with expired insurance? Previously, after the expiration of the compulsory motor insurance policy, motorists received another 30 days to issue a new policy. But today this law has been repealed, so the insurance period after expiration is 0 days. In view of this, it is recommended to take care of renewing the policy one day before its expiration.
If there is no policy at all, for example, when buying a new car, the law allows 10 days for its registration. During this period, the traffic police does not have the right to issue a fine for the lack of a policy, however, in the event of an accident that occurs due to the fault of the car owner, only he will be held responsible .
What to do when your MTPL policy has expired
The car insurance agreement ends when the period of use expires. That is, if an agreement with an insurer is concluded for a year, but the period of use is specified for six months, then after six months you must apply for a policy renewal to your insurance agent, or choose another insurer and conclude a new agreement with him.
You cannot use the car after the period of use specified in the corresponding column of the policy has ended . If previously the motorist was given 30 days after the expiration of the contract to reissue the documents, now the policy becomes invalid the very next day. Therefore, it is important to take care of the insurance issue in advance so as not to face consequences in the form of a fine or even payment for car repairs due to an accident.
Is there a penalty for expired insurance?
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According to the law, driving with an expired policy is equivalent to driving without it at all, so the driver is subject to liability. This violation is regulated by Part 2 of Article 1237 of the Code. In accordance with this regulatory act, a fine of 800 rubles is expected for driving with expired insurance.
Another question is whether a fine is due if the diagnostic card is expired. In this case, traffic police officers cannot collect fines, since the most important thing is to have valid insurance. However, in the event of an emergency, an overdue technical inspection may result in a refusal to pay. The insurer requests this document to ensure that the car is in good working order.
Therefore, if you have a policy and do not have a technical inspection form, a refusal to pay compensation is possible, regardless of whether the car owner is the culprit or the victim.
In this case, he will have to compensate for the costs himself. To prevent this, it is recommended to undergo a timely inspection, the price of which is unlikely to be more than 1000 rubles.
MTPL terms - maximum and minimum
Article 10 of Federal Law No. 40 establishes the maximum insurance period - 1 year. But there are a few exceptions. The first is related to cars that are registered in foreign countries. Their owners are required to take out insurance in accordance with Russian legislation (OSAGO) or in accordance with international regulations. The second exception concerns car owners who go to the place of inspection or to the place of state registration of the vehicle (State Traffic Safety Inspectorate). The validity period of the insurance policy in such cases may be:
- 5 days or more in the first case;
- Up to 20 days in the second case.
The terms of compulsory motor liability insurance will directly affect the cost of insurance. If you have to pay 100% of the cost for an insurance policy for 1 year, then for a policy that is issued by a car owner from a foreign country for a period of 5 days, you will need to pay only 20 or 30% of the cost. All tariffs and coefficients used to calculate the cost of insurance are established by Directive of the Central Bank No. 3384-U.
Is it possible to tow a car with an expired MTPL?
If the insurance policy is expired and the driver needs to tow the car from one place to another, it will be a violation under the law. In this case, the optimal solution is to extend the insurance for a minimum period. This will make it possible to comply with the law, receive compensation if you are involved in an accident, and have confidence in the process of driving on the roads.
Another option in this case is to use the services of a tow truck. This solution will be appropriate if you need to move the car over a short distance.
Is the KBM reset if the OSAGO renewal is overdue?
Today, to calculate the price of an insurance policy, the bonus-malus coefficient (BMC) is used, which can increase or decrease the cost of insurance depending on what the accident rate was in past periods. When determining the class, information on insurance policies that expired no more than one year before the start date of the insurance period under MTPL is taken into account. Therefore, if the policy is overdue for up to a year, the discount will be retained. If the driver is overdue for a year or more, the KBM is reset to zero.
Many drivers are interested in what to do if the discount under the contract disappears. This happens not only due to an expired policy. You can also encounter something similar when replacing your license, changing your last name, due to a technical error or an error in the information about the driver. There are three options to restore your lost bonus. The easiest way is to contact the insurer's office. In this case, it will take several days for the bonus to be restored. The procedure looks like this:
- You need to write a statement indicating your personal data, contract number, and the error that needs to be corrected. You also need to put a date and signature.
- You need to have documents with you such as a passport, a car document, a driver’s license, and a compulsory motor liability insurance policy.
- All that remains is to receive confirmation in writing. Based on the results of the visit, the authorized representative of the insurer issues a copy of the application, which indicates that the application has been reviewed and the necessary changes have been made to the RSA database.
The application can also be submitted online. To do this, you need to visit the official website of the insurer and send the appropriate request through the “Feedback” form. It indicates personal data and the essence of the complaint. It is also recommended that you include your phone number along with a request to contact you for more information.
The terms for consideration of an application by the insurance company are not specified by law.
The last way to restore the discount is to contact RSA. To do this, you need to go to the official portal of this organization and find the “Contact RSA” section there. All requirements for completing the application and the email address where you need to send the form will be indicated there.
A sample form must be uploaded to the portal, filled out, photographed or scanned, and then sent. RSA usually reviews requests as quickly as possible. Once the necessary changes have been made to the database, you will receive a notification about this by email and will be able to make a new form with a corresponding discount.
The KBM can be restored only within a year after the expiration of the insurance period. If you apply later, it will be impossible to do this, and the bonus will be reset to zero, because the insurance history will already be formed on a new one.
Fines
There are many points of view regarding the period of time during which a person has the opportunity to use a car without the act in question. This applies to situations where the period of use of paper has ceased. There are several myths in this direction. It is necessary to take them into account in order not to receive a fine for violating current legislation.
Initially, it is noted that if you have a completed power of attorney, you can drive a vehicle without obtaining a policy. However, please note that all owners of the vehicle are subject to an obligation to obtain an insurance agreement. When transferring authority to drive a car in a timely manner, you will need to enter information about a specific person into the act in question. Also, nowadays you can meet citizens who are completely confident that they can drive a car for a month without obtaining an insurance policy.
This point of view is erroneous. It is worth considering that this rule cannot be applied starting from 2009. It is necessary to study the provisions of the new legislation. In addition, there are situations when a person is very surprised that traffic police officers are going to apply penalties to them for committing the offense in question. At the same time, the citizen begins to indicate what powers he has and call his friends. However, it will not be possible to avoid the use of negative measures in this way. When the period of validity of such an act has ended, sanctions can be applied to the citizen for tomorrow. This rule also applies to the situation when a person is stopped by a traffic police officer while going to an authorized organization to obtain a policy.
Another option is to obtain a fake policy. You should not use this option, since it is possible to check the validity of the document within a short period of time.
IMPORTANT !!! In addition, criminal liability will be applied to a citizen who uses such a document. There is also an opinion among citizens that measures to evacuate the car to a parking lot may be applied to those who travel without insurance.
However, legislative acts provide for a list of violations for which this measure is applied. At the same time, the absence of a policy cannot be included here. In addition, the traffic police officer does not have the authority to remove license plates from a car for committing such an offense.
Regardless of what method a citizen comes up with to drive without such an act, you need to understand that they are all illegal. The provisions of Article 12.37 of the Code of Administrative Offenses provide for penalties for using paper whose validity period has expired. The amount of the sanction is eight hundred rubles. This is due to the fact that an overdue act is considered on a par with its absence. When the paper is received, but the citizen has forgotten it, the amount of the sanction is reduced by 300 rubles.
If an accident occurs with expired insurance
The fine for a policy that has expired is not that large, and it is not the most dangerous consequence. The bigger problem will be an emergency situation in which a person with an expired policy finds himself. It will depend on who the driver is - the culprit or the victim.
If the culprit's insurance is expired
If the person at fault for the accident has expired insurance, he will first of all face a fine. In addition, he will have to compensate the victim for damage:
- If the period of use of the car has expired, but the insurance period is still valid, then the victim is entitled to compensation, even if he is not included in the policy. However, in the future, the insurer may assert the right of recourse and demand from the culprit compensation for losses compensated to the victim.
- If the insurance period has expired and there is no valid policy at all, the culprit himself must compensate the losses to the victims. A receipt may be required. In the absence of compensation, the victim can sue the perpetrator in court.
As you know, compulsory motor liability insurance does not imply payment to the culprit of the accident.
If the victim's insurance is expired
If the policy of a person who is injured in an accident is expired, the person will receive compensation if the culprit has an MTPL policy (even if he is not included in it). Which insurance company will pay compensation depends on the following factors:
- If the period of use of the car is over, but the insurance period is still valid, then the victim, provided that a number of requirements are met, is better to contact his insurer, who will directly compensate for losses.
- If the insurance period has expired, the victim in an accident with expired insurance must contact the insurer of the person who caused the accident.
If the person at fault for the accident does not have insurance, the damages will have to be recovered from him.
Thus, expired MTPL insurance is fraught with problems for the driver. In this case, he is obliged to pay a fine. And although its size is not very large, it is recommended to buy and renew the policy on time. Otherwise, in the event of an accident on the road, you may encounter serious problems and receive a refusal from the insurer to pay compensation.
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Catalog of insurance companies in Russia
By following the link , you can familiarize yourself with the catalog of insurance companies in the Russian Federation offering compulsory motor vehicle insurance services. Description of organizations, current financial indicators, ratings, reviews and other information. If you have already had a positive or negative experience with compulsory motor liability insurance of any insurance company, leave your feedback. Thank you!
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