Law on compulsory motor liability insurance
The policy is mandatory for legal driving, just like a driver's license. The need to register compulsory motor liability insurance is enshrined in law in No. 40-FZ of April 25, 2002.
Before starting to use insurance, each driver is recommended to study the rules of compulsory motor liability insurance in detail. This will allow you to form an accurate idea of the features of using the document, the rights and obligations of the policy holder.
Open MTPL Rules 2021
OSAGO can be issued in paper or electronic form. The rights and guarantees provided by this type of insurance will not depend on the format, so every modern driver has the right to choose the option that is convenient for himself (with the exception of some situations, for example, with a new car).
What MTPL policy do you use?
Electronic e-OSAGO
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On paper
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Differences between an electronic policy and a paper one
Such a policy is also referred to as e-MTPL. It provides opportunities and rights absolutely identical to a paper document, but has its own disadvantages and advantages.
Pros and cons of e-OSAGO
convenient registration without visiting the insurance office;
during such a conclusion of a contract, it is possible to avoid the imposition of additional services from company employees;
it is possible to purchase a policy from any organization, even when there is no representative office in the city;
It is not necessary to carry a paper version of the policy; it is enough to present it in digital format.
inability to register for a new car or for a novice driver (you can purchase e-MTPL only when the relevant data has already been entered into the RSA database previously);
the policy comes into force only 3 days after payment (the paper policy comes into force immediately after registration);
The driver bears full responsibility for the specified data and any typos during registration.
How and where can I apply for compulsory motor liability insurance online?
To do this, just go to the official website of the selected insurance company, register on it, fill out the necessary information and pay for insurance. If necessary, you can contact the insurance manager for help using the phone number listed on the website or via online chat. You can also request a call back. The form below will help you choose insurance and compare prices:
Traditionally, the general scheme for registering compulsory motor insurance online implies:
- entering data about the driver and vehicle (vehicle) in a special form on the website;
- waiting for the results of automatic verification of information using the RCA database;
- payment for the policy after receiving verification confirmation;
- receiving e-OSAGO by email.
If, during the verification of the specified data in the database of the Russian Union of Auto Insurers, discrepancies are identified, it is necessary to send scans of documents for re-checking by company employees manually.
It should also be noted that online purchase is not available for new vehicles or for novice drivers . After all, the RCA database will not yet have enough necessary confirmed information to conclude an agreement in this mode.
When purchasing electronic insurance, you should remember that its validity begins only after the third day from the date of issue. Therefore, it is important to plan the procedure in advance.
It is necessary to issue OSAGO not only for passenger cars, but also for other vehicles:
- motorcycles;
- trucks;
- special equipment (for example, tractors);
- public transport (buses, etc.);
- cars of taxi or car sharing services.
Depending on the specifics of their use and the form of ownership, the procedure for obtaining a policy may have its own nuances.
Policy renewal
To extend the validity of a paper or electronic policy, it is enough to submit a corresponding application to the insurance company in a timely manner. It is better to clarify the application form with the manager in advance, but often it is selected in a format convenient for the client. That is, you can both apply for and renew OSAGO via the Internet.
It is important to do this in advance to avoid unforeseen situations. The law allows you to apply for an extension no earlier than 2 months before the expiration of the compulsory motor liability insurance policy.
Registration of a policy online
What is required for this:
- Register on the official website of the insurance company of your choice.
- After this, the “Personal Account” options will open.
- In this section, you must enter all the data about the owner of the car by filling out all the specified fields of the form.
- Payment can be made using a bank card or by depositing cash through a terminal.
- After payment of the invoice, an insurance policy will be sent to the specified e-mail, which has official force.
- The policy must be printed and taken with you along with other necessary documents.
When deciding how long you can drive without DCT insurance , it is important to consider that such actions are illegal, and getting a new policy is much easier than compensating for losses in the event of an accident.
Also, you can use the form to search for current offers on MTPL. Search multiple insurance companies. Current offers and best prices.
Documents for registration of compulsory motor liability insurance
The list of documents that will be needed to obtain compulsory motor third party liability insurance looks the same for paper or electronic versions. To conclude a contract you will need:
- vehicle owner's passport;
- passport of the technical means itself;
- a certificate confirming its registration and ownership of it (for example, if a general power of attorney has been issued);
- driver's licenses of all persons whose data must be included in the policy (if the policy is not of the Multidrive type);
- diagnostic card with a mark on passing the technical inspection (for cars over three years old).
Technical inspection for OSAGO
Previously, when applying for insurance, undergoing maintenance was not a prerequisite. Today, without reflecting its results in the diagnostic card, it is impossible to obtain a policy; for the procedure it is important to prepare the following papers:
- passport, driver's license or other document confirming the identity of the owner;
- vehicle passport;
- vehicle registration certificate.
The frequency of technical inspection for obtaining compulsory motor liability insurance is determined by the age and category of the vehicle. For a new car, the first inspection is allowed no earlier than three years from the date of manufacture. More details about the inspection procedure can be found in this article.
Benefits upon registration
Current legislation provides the opportunity to receive compensation in the amount of 50% of the cost of insurance for disabled people of groups 1, 2 or 3. Guardians of disabled children also have this opportunity. You can use this benefit when purchasing compulsory motor liability insurance if the following conditions are met:
- transport is required by a disabled person for medical reasons;
- According to the policy, no more than three persons (including a disabled person) can use a vehicle at the same time.
In practice, a citizen first purchases car insurance at full price. Then he applies to the local social security authority to receive compensation for half of its cost.
For pensioners, labor veterans, combatants or honorary residents of the city, MTPL benefits are not established by law. But local authorities have the right to appoint them independently. Therefore, such categories of citizens should contact the social security service and find out whether they are expected to receive any compensation.
In what cases can you do without a policy?
The most common and well-known option when the lack of a policy will not be an administrative offense is the situation when the car has just been purchased. Within 10 days from the moment the contract was concluded, the new owner can drive without insurance. This rule was confirmed back in 2014 by the Supreme Court of the Russian Federation in decision No. 12-AD13-3. Read more about how long you can drive without compulsory motor insurance after buying a new car here.
This method can be used as many times as you like, which is used by some unscrupulous car owners. They conclude fictitious contracts over and over again - and each time the 10-day countdown begins anew. Formally, they do not violate the letter of the law: there is a rule about the deadline, it is observed. However, problems may arise here, which will be discussed below.
In addition, OSAGO may not be purchased in the following cases:
- If liability is otherwise insured. For example, for foreigners transiting through Russia or entering our country for a short time, the so-called “Green Card” of international insurance can be used.
- If, instead of the owner, another person insured the liability under OSAGO. The Civil Code of the Russian Federation and the Law of the Russian Federation “On the Organization of Insurance Business” (No. 4015-1 of 1992 in the current version) allows for the possibility of insuring the liability of another person.
- If the car belongs to a foreign embassy, consulate or diplomatic mission. Diplomatic immunity means that compensation for possible damage from an accident will still not occur in a general civil manner.
In addition, not all vehicles need a policy. The following can drive without compulsory motor liability insurance:
- Cars and other types of transport that are not structurally designed for speeds exceeding 20 km/h.
- Transport of the army and other paramilitary structures - with the exception of passenger cars and buses.
- Any non-wheeled transport (tracked and half-tracked vehicles, snowmobiles, etc.).
- Trailers for cars. There is no need to buy a policy for them separately.
The absence of compulsory motor insurance only interferes with driving a car, not owning it. If the car is parked in a garage or parking lot, the owner may not buy a policy if he does not plan to drive it yet.
What is included in the insurance case?
Compulsory motor third party liability insurance serves as protection against losses for all road users:
- For the culprit of the accident. The policy covers expenses for damage to health or property caused to the other party.
- For a victim of an accident. The presence of compulsory motor liability insurance at the culprit guarantees receipt of compensation for the restoration of the vehicle or for treatment.
When both parties are at fault in an accident, the document ensures mutual compensation for losses incurred. It is also necessary to take into account that not all situations can be regarded as corresponding to an insured event under compulsory motor liability insurance. Among the main conditions that do not allow you to count on compensation for losses:
- driving a vehicle by a person whose details are not included in the contract;
- the cause of the incident is man-made disasters, natural disasters, military actions or popular strikes;
- compensation for moral damage or lost profits is required.
There is also a limit on the amount of compensation. The maximum payment under compulsory motor liability insurance is 400,000 rubles.
How long can you drive under a sales contract?
According to the laws of the Russian Federation, short-term operation of any type of vehicle without an issued insurance policy is permitted. In this case, the period of such driving cannot exceed ten days. The moment the calculation of this period begins begins from the date of signing the purchase and sale agreement.
The provided period of time is given for the owner to prepare his car for registration with the traffic police. This includes collecting the necessary documents and directly preparing the car for inspection by an expert.
How long can you drive without insurance?
To this question, every car enthusiast, and even more so a traffic police officer, will answer that not at all. And, in fact, they will be right, due to the fact that each of them was familiar with the Federal Law on Compulsory Motor Liability Insurance.
But the law also establishes that the absence of insurance is possible only when acquiring the right to a car. At the same time, the law does not explain how this right is acquired.
Therefore, the moments of acquisition of rights include:
- Purchasing a car under a sales contract.
- Obtaining the right to own a vehicle by inheritance (from the moment of inheritance).
- Obtaining transport on the basis of other rights (economic management agreement, operational property management and others).
At the same time, the law in this matter is unshakable and stands its ground - 10 days. The law determines that in any of the listed cases, the new owner of the car needs no more than the allotted time to purchase an insurance policy.
In this case, the countdown will begin from zero hours of the day following the day during which this right was obtained.
If the contract is for the purchase of a used car
When purchasing a car on the secondary market, the question may arise: is it possible for the new owner to use the insurance policy that was purchased by the previous owner? And here the law is harsh and gives the same 10 days to purchase an insurance policy in your name.
After all, the fact of sale is documented by the contract, and therefore the previous owner transferred the right of ownership to the new one. This means that if the car owner changes, the insurance contract ceases to be valid.
The legislator did not just provide this time, he set it aside so that the car enthusiast had time to:
- Undergo a technical inspection of the vehicle and receive documentary evidence of its completion.
- Get a diagnostic card.
- Issue an insurance policy under a compulsory insurance agreement.
- Register the car with the traffic police.
If you purchased a new car
Since the purchase of a new car is carried out on the basis of a purchase and sale agreement, the period established for the purchase of a policy is also 10 days.
In this case, the period may be calculated:
- From the date of conclusion of the contract.
- From the date specified in the car acceptance certificate.
Why is this happening? Since a certain period of time may pass between the date of concluding the contract for the purchase of a vehicle and the actual transfer of the vehicle to the owner.
After all, no one can know how long it will take, for example, to install additional equipment. Therefore, the fact of receipt of transport from the seller to the buyer is confirmed by the act of acceptance of the transfer. After all, a happy car owner can wait more than ten days while waiting for the installation of additional equipment.
At the same time, having never used the car, he will miss the period required for insurance. And at the very first check by a traffic police officer, he could have received a fine. Therefore, the countdown period may begin from the date of signing the acceptance certificate.
Fine for lack of compulsory motor liability insurance
Punishment for the absence or violation of the rules for the use of compulsory motor insurance is established by law in Article 12.37 of the Code of Administrative Offences. According to its content, if the driver does not take out insurance at all, a fine of 800 rubles .
In cases where the owner does not comply with the conditions, a fine of 500 rubles . For example, if the driver forgot his paper insurance policy at home.
If the absence of compulsory motor liability insurance is discovered after the accident, the guilty party must pay all expenses independently. Moreover, during the inspection of the situation by traffic police officers, they also have the right to issue a fine for lack of insurance.
What to do if the person at fault for the accident has no money?
The question of what to do if the culprit of an accident does not have money can arise both at the time of the accident and after the court makes a decision to collect funds from the culprit.
If the person at fault for the accident does not have money, but has insurance under compulsory motor liability insurance, then the insurance company must compensate for the damage in a certain amount.
If at the time of the accident the culprit has no insurance and no money, then in any case it is necessary to draw up all the documents regarding the accident, and then decide whether it makes sense to go to court with a claim against the culprit or not.
If a claim is filed for recovery of damage caused and the court makes a decision in favor of the plaintiff, then bailiffs must get involved and carry out actions to forcibly collect funds from the debtor. If the debtor does not have money, then measures must be taken to search for his property with a view to seizing it and selling it at auction.
And yet, if the debtor has nothing at all, lives with relatives, does not work, and the car was not his at the time of the accident, then there is little chance of recovering anything from him. In such a situation, one can only hope that someday the debtor will have something and then the bailiffs will be able to describe the property or seize accounts and satisfy at least partially the demands of the collector.
OSAGO for foreign cars
Car insurance is mandatory for all road users, including foreign citizens. They can arrange it in two ways:
- Use an international policy – Green Card. You can purchase it in your country if it is part of the special Agreement of the insurance policy for the protection of civil liability of car owners. You can also buy a Green Card with a validity period of 15 days to a year at any customs terminal. For a short-term stay in the Russian Federation, this option will be the least troublesome.
- Buy MTPL in Russia immediately upon arrival. Many insurers offer this opportunity specifically for foreign citizens. Also, some of them have representative offices abroad, where you can contact in advance and receive a Russian-style policy.
Coefficients for calculating motor liability insurance
The cost of a compulsory motor third party liability insurance policy is determined using special coefficients. The key indicator among other indicators is the bonus-malus ratio (BMR).
To quickly calculate the cost of a policy and compare the price of insurance offers from different companies, we suggest using the online compulsory motor liability insurance calculator.
It allows the company to assess the risk of an insured event for each specific driver. Based on the CBM, the insurance class (aka accident-free class) of the driver is determined.
The bonus-malus indicator will be least beneficial for beginners and drivers with poor statistics on participation in road accidents. In total, there are 15 classes in the KBM system. Follow the link for details about the bonus-malus coefficient (BMC) and its classes.
In addition to the KBM, a number of additional parameters are also taken into account when calculating the cost:
- Basic tariff (BT). Current rate for different types of vehicles, regulated by the Central Bank of Russia.
- Territory coefficient (CT). It differs depending on the region of primary use of the vehicle.
- Age-experience coefficient (AEC). Reflects the driving experience and age of drivers.
- Engine power factor (PM). Used for passenger cars only. The greater the engine power, the higher the indicator will be.
- Seasonality coefficient (SC). Applies if the policy is not purchased for the whole year and you plan to drive the vehicle in certain months. For example, it is relevant for summer residents.
The insurer is prohibited from taking into account factors such as religion, nationality, race or position of citizens when determining the cost of compulsory motor liability insurance.
The driver was given 10 days
Roughly speaking, if you bought a used car yesterday and are driving it, even with old license plates, you have every right to do so. If you were given a car by power of attorney, you have the power of attorney in your hands, but you are not included in the MTPL policy, you still have ten days to apply for new insurance.
The reason for this court decision was the case of a certain driver Samokaev. In the city of Yoshkar-Ola, he was caught for driving a vehicle by a driver who was not included in the compulsory insurance policy.
This decision was also supported by the Supreme Court of Mari El. However, the Supreme Court of the Russian Federation considered it unfounded.
So, Samokaev was driving a car in Yoshkar-Ola on February 7, 2013. However, he was not included in the compulsory insurance policy. However, he had in his hands an agreement on the transfer of this car to him for free use, concluded on February 5 of the same year.
The traffic police inspector considered that this agreement was not enough to prove innocence and imposed a fine. The driver went to court, which ruled that the inspector’s actions were correct. And only after reaching the Supreme Court of the Russian Federation, we managed to defend the truth. The fact is that, according to the law on compulsory motor liability insurance, the owner of a vehicle is obliged to insure his liability to third parties no later than 10 days later.
The contract was concluded on February 5, and the driver was stopped on February 7. That is, the period specified by law has not yet expired. And accordingly, there is nothing to attract the driver for.
The Supreme Court decided to discontinue proceedings in this case due to the lack of an offense.
It is clear that there is no case law in Russia, but such cases that the Supreme Court includes in its review of judicial practice are considered a model for other courts. In addition, even traffic police inspectors are introduced to an overview of judicial practice.
It must be recalled once again that the owner of a vehicle is not necessarily its owner. You can own a car either by power of attorney or by agreement drawn up in simple handwritten form.
This is what usually confuses traffic police representatives. After all, a contract can be drawn up on your knees even every day. However, this does not negate its legal significance. It is clear that such preferential treatment will be gladly taken advantage of by scammers who are “strangled” by the “toad” to buy a compulsory motor liability insurance policy. But this is not a reason to prosecute drivers who have all the documents for the car in hand.
The Main Directorate for Road Safety of the Ministry of Internal Affairs of Russia considered this decision of the Supreme Court to be fair. After all, the law provides for a time lag of 10 days. On the other hand, this is a reason for fraud. But such a fraudster, having an accident, will have to pay for all the damage from his own wallet.
Samples of MTPL policies
The current version of the policy from July 2021 implies the use of two unique letter designations in the forms.
The indication “AAS” does not imply on the reverse side the possibility of concluding voluntary insurance.
1 page OSAGO AAC Click to enlarge
Page 2 OSAGO AAC Click to enlarge
Using “AAV” allows you to register on the reverse side the possibility of concluding voluntary insurance.
1 page OSAGO AAB click to enlarge
Page 2 OSAGO AAB click to enlarge
It is important to note that the issuance of policies with the previously introduced designations “NNN” and “RRR” by the Russian Union of Auto Insurers is permitted until July 1, 2021.
Below is a sample of filling out the policy and the opportunity to download a blank OSAGO form in Word format.
An example of filling out an MTPL policy Click to enlarge
Blank OSAGO form
1 file(s) 3.15 MB
Also below you can view and download in Word format a sample insurance claim for damages under compulsory motor liability insurance.
Sample insurance claim for damages under MTPL
1 file(s) 8.50 KB