Is it possible to pick up a car from an impound lot without compulsory motor liability insurance?
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Having a car is not only convenience, but also a number of additional expenses and problems. Any car owner will agree with this statement. For various reasons, you may park your car and return when it has already been picked up or is being taken to the impound lot. Why does this happen, and how to protect yourself from such consequences? The main question that interests many drivers is whether the reason is the lack of insurance, and is it possible to pick up a car from an impound lot without a compulsory motor liability insurance policy?
Why do you need to insure your car?
Although any responsible driver knows that driving without insurance means acting at your own peril and risk, in Russia there is still a high level of car owners who neglect insurance.
Without an insurance policy, you will not be able to fully operate your car or, if necessary, use it commercially (for example, becoming a taxi driver). Even if you are not going to work as a taxi driver, insurance is your main protection against any possible adversity that a motorist can expect in everyday life. It is illegal to operate an uninsured vehicle. If you are stopped by patrol officers and it is discovered that you do not have the coveted MTPL policy, you will face a fine. Many people brush off possible fines due to their low cost: only 600-800 rubles for a violation seems frivolous.
Such a small amount can lead to much larger expenses in the future. Firstly , traffic police officers can punish you for lack of insurance with a more serious punishment - depriving you of registration numbers. Restoring numbers in different cities of Russia costs from one and a half to two thousand rubles. And if you continue to drive a car after depriving your license plates, you will probably receive another fine - 5 thousand rubles . Also, for driving without license plates, you will be deprived of your license for up to three months. Whether such problems are worth the lack of insurance is up to you to decide.
Why can a car be impounded?
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The main trouble that can happen to you for operating a vehicle without insurance is evacuation to a special parking lot. Of course, this is not the only reason for evacuation, but it is the most difficult in terms of solving the consequences. There are several other points that may serve as a reason for confiscation of a car:
What else to read:
- My car was scratched in the yard, what should I do?
- Europrotocol 2021
- How to get money instead of repairs under compulsory motor liability insurance: a detailed review
- road traffic accidents – your car may be taken away if you are found to be the culprit of an accident;
- violation of parking rules within the city - do not leave cars in unauthorized places to avoid problems;
- driving a car without a license is another very serious reason;
- the presence of obvious problems that interfere with the full operation of the car (for example, broken brakes or steering wheel).
The first thing a driver needs to remember if his car is about to be towed to a parking lot is his insurance policy. It is on the basis of this document that the car is returned painlessly from the special parking lot back to the owner: quickly and successfully.
But if there is no compulsory motor liability insurance and the car was taken away precisely because of this, then returning the “iron horse” dear to your heart will be expensive. All the nuances of returning a car are described in the Traffic Rules, so we will follow the letter of the law.
What to do when towing an uninsured car
A traffic police patrol always participates in the process of towing a vehicle to a parking lot. It is not so important what caused the evacuation; without traffic police officers they have no right to carry it out. Drivers should be careful, as cases of fraud and car towing by unknown persons are, unfortunately, not so rare.
So, if a patrol arrives at the scene of an incident, make sure that all instructions necessary for this situation are followed. A police officer has no right to evacuate a car without drawing up a report. Every action of the tow truck workers and all those involved must be recorded in documents.
The protocol has a regulated form, according to which it must contain the following information:
- technical features of the car;
- existing problems, problems with the machine;
- whether the rules of car insurance are observed, if so, then all information about the vehicle insurance policy;
- information about the tow truck and the employee who detained the car and carried out the towing;
- the reason for placement in the impound lot.
You have every right to monitor the recording process and check the information specified in the document. If you notice that a traffic police officer has provided some information incorrectly, then such a protocol is not legally valid. This means that the process of towing the vehicle was violated, and you can challenge the towing as illegal.
Please also note that you, as the owner of the car, are provided with a second copy of the protocol. It should also be checked for errors. If for some reason an employee refuses to give out a copy of the protocol, this indicates a gross mistake on his part and on this basis the protocol can be considered invalid. You can even appeal the evacuation in court if you were not given a protocol: the logic here is simple - if there is no protocol drawn up according to all the rules, it means that the offense was not recorded.
It’s good if you have all the documents for the car, including insurance. Immediately after towing the car with a tow truck, you can contact the traffic police to obtain permission to return the vehicle. In this case, the procedure is not delayed. But whether it is also possible to quickly pick up a car from an impound lot without insurance is another question. The answer is disappointing.
If the car is damaged in the process
During the evacuation process or when storing a car in an impound lot, damage to the vehicle sometimes occurs. Damage damages can be significant.
What to do in such a situation, how to obtain compensation for damage? This issue is fraught with certain difficulties, which, first of all, relate to the evidence base and the collection of necessary documents.
Many insurance companies refuse compensation for damage, citing a non-insurable event. The towing service, as a rule, declines responsibility for damage to the vehicle.
In some cases, indeed, damage may occur due to the fault of the owner himself. For example, he turned the steering wheel all the way to prevent evacuation. In this case, the car's wings will be damaged.
In any case, if you find damage to the car, you should contact the service that towed the car. Information about this is contained in the car detention report.
If the evacuation service refuses to compensate for the damage, then it is necessary to go to court for compensation for the material damage caused.
According to paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation, harm caused to the person or property of a citizen must be fully compensated by the guilty person or organization.
Advice. When drawing up a protocol on an administrative offense and evacuation of a car, it is necessary to ensure that all information about the technical condition of the car is entered, and to describe in detail its appearance, wheels, and accessories.
It is also necessary to check whether information about the organization carrying out the evacuation of your car is included in the administrative protocol.
Despite the fact that most insurance companies stipulate in the contract that damage during loading or unloading a car is not an insured event, it is possible to recover compensation from the insurance company in a lawsuit.
To do this, you should take a number of steps:
- An independent examination is required. Write a claim to the evacuation service, attaching a copy of an independent examination. The original document must be kept with you.
- If your name is given a negative response from the evacuation organization, file a claim in court for compensation for damages.
- Carefully study all clauses of the insurance contract, study the term “malicious act”, if it is there.
To competently substantiate your claims, it is best to contact a law firm. If the outcome of the case is positive, all legal costs will be recovered from the defendant.
Thus, according to the new rules, you can pick up your car from the impound lot without first paying a fine and the services of a tow truck.
To do this, you need to quickly collect documents to present to the administration of the impound lot. At the same time, you should act quickly to avoid significant costs for storing a seized car.
If damage to the vehicle is discovered as a result of transportation, it is necessary to file a claim with the towing service or resolve the issue of compensation for material damage in court.
The cost of impound lots in Moscow is presented in the article: impound lots in Moscow. Where to buy a car from an impound lot in Moscow, see the page.
Find out how to pick up your car from the impound lot from this information.
What documents are needed to return a car from the impound lot?
So, you want to pick up your car from the impound lot, but to do this you need to collect a package of documents:
- a certificate confirming your rights to the car;
- vehicle registration certificate;
- if the car is picked up not by the owner, but by someone else, be sure to provide a notarized power of attorney;
- permission from the traffic police to return the car.
Until 2021, it was impossible to get your car back without paying fines. In recent years, the laws have relaxed and in some cases it is possible to pay part of the fines in order to be allowed to return. This is convenient for drivers if the amount of fines is too high to pay at once.
We also clarify what to do if the car is simply not given away without insurance. Important nuance! The impound lot employees do not have the right to demand an insurance policy from you . If you have already managed to obtain permission from the traffic police, they should not interfere with your right to return the car. But the police can and are even required to require you to provide car insurance. If you want to return your car, apply for compulsory motor liability insurance, and as quickly as possible, because storing a car in a special parking lot is not free: every day it costs a tidy sum.
In this regard, at a special parking lot they should not require your insurance policy. But traffic police officers have every right, and if possible, it is better to provide them with a document rather than delay the process.
What happens if you take your car without permission?
Despite the fact that towing your own car is an unpleasant event, accompanied by negative emotions on the part of the car owner, it is best to follow the letter of the law and not commit unlawful actions to free your car from impoundment.
The new procedure for returning a vehicle from an impound lot allows you to return the car on the day it was detained without paying a fine in advance. To do this, it will be necessary to quickly collect a package of necessary documents and present them to the administration of the penalty area.
If you were unable to pick up the car in the first two days, you will have to pay for storage services.
There is a point of view that car owners cannot be held responsible for the theft of their car from an impound lot.
In support of this position, arguments are given that storing a car in an impound lot is an imposed service that the vehicle owner is not obliged to pay for. Therefore, unauthorized removal of a car from an impound lot does not threaten the owner in any way.
In practice, such actions may be classified as criminal and administrative offenses.
For refusal to pay for services for storing a car in a parking lot, the company administration will most likely charge court costs and the case may result in an additional fine for the car owner.
For illegal entry into a protected facility, namely a special parking lot for storing cars, liability is provided under Part 2 of Art. 20.17 Code of Administrative Offenses and criminal liability measures under Art. 215.4 of the Criminal Code of the Russian Federation (unauthorized entry into underground and underwater objects). Sanctions may include significant fines and arrest of the offender.
From the objective side, actions of unauthorized removal by the owner of his car from the impound lot can be qualified as arbitrariness with the signs of Art. 286 of the Criminal Code of the Russian Federation.
According to Art. 330 of the Criminal Code of the Russian Federation, arbitrariness has the following legal characteristics:
- unauthorized actions, contrary to the order established by law or other legal act;
- the legality of such an action is subject to challenge;
- the unlawful action caused damage to the legitimate interests of citizens or organizations.
Assessment of the degree of harm caused in connection with the unauthorized removal of a vehicle from a parking lot depends on specific circumstances: the presence of an intentional form of guilt, a significant violation of the legitimate interests of citizens and organizations.
Arbitrariness leads to the application of penalties in the amount of up to 80,000 rubles or in the amount of the convicted person’s salary for a period of up to 6 months.
In some cases, a more severe punishment may occur: compulsory labor for up to 480 hours, or correctional labor with a real sentence of up to 2 years, or arrest for up to 6 months.
Arbitrariness with the use of violence or the threat of its use is punishable more severely: correctional labor for up to 5 years, arrest for up to 6 months, or imprisonment for up to 5 years.
Taking a car from the impound lot: your actions
It is not recommended to delay this process to avoid unnecessary expenses. It is possible to pick up a car from a parking lot, even without insurance, immediately after removal, if you pay attention to details and strictly follow the algorithm.
First, find out why the car was evacuated and where exactly it was sent. This is especially important if the car was towed in your absence. You can get information at the traffic police duty station. Secondly, after this we visit the impound lot to make sure that the car is really there.
The most important part is to prepare a package of documents and make sure that the evacuation was carried out according to the rules. It would be good if the evacuation was carried out in your presence. Then no extra time is wasted on obtaining a second copy of the contract - the traffic police officer must provide it immediately. You also need to obtain confirmation from the traffic police that there are no fines or debts. This is usually done after all fines have been paid.
Unfortunately, there are frequent cases of violation of job descriptions by traffic police officers. Drivers are not given a copy of the protocol, they are denied permission to return the car, the process of returning the car is delayed - all this can be appealed, since traffic police officers do not have the right to interfere with your desire to legally return the car.
Yes, you are required to pay a fine and provide documents confirming this. Will they give you the car without insurance after this? The answer is also negative. But if all your documents are in order, and law enforcement officers still do not return the car, this is a reason to contact a lawyer or file a complaint against them.
When picking up a vehicle from the impound lot, carefully inspect it and check whether all the property that was in the car at the time of towing is in order. Without an inspection, do not sign an application to return the car, as after this all claims will be useless. In addition to the application, you will also have to pay the cost of the car being idle in the parking lot and the bill for its towing.
What should I do if, during inspection of the car, any damage or missing property is discovered? Feel free to document the inspection process, for example with a photo or video on your phone. If during the evacuation process the car suffered any physical damage (scratched, dented), you have the right to go to court and demand compensation. By the way, the existing MTPL policy will make your life much easier even in this matter.
Sometimes cars are towed with the owner's documents inside. In this regard, many are interested in how to return a car if the document remains in it. In this case, the car must be opened in your presence, recording the process separately. The impound lot employee and the car owner must sign a document confirming that the car was opened legally. After you collect the documents, the car is sealed back and awaits your return with permission to pick it up.
In what cases is a car not returned from the impound lot?
To pick up a car from a specialized parking lot you will need:
- provide the employee of the organization involved in the protection of vehicles with a list of documents determined by legislative acts;
- in some situations, make an advance payment for the administrative fine and services provided by the evacuation service and the impound lot.
Why don't they give the car back from the impound lot? There may be several reasons for such a decision, for example, the lack of documents required by law. Let's consider possible situations of receiving a refusal in more detail.
How to find out which impound lot a car is at in Yekaterinburg is explained in the article: How to find out which impound lot a car is at. Is it possible to buy a motorcycle from an impound lot, read here.
Without payment
They won’t give your car away from the impound lot without paying for a tow truck? The cost of services of a tow truck transporting a car to a parking lot, the cost of storing a vehicle and the terms of payment for services provided are regulated by regional laws, that is, each region of the Russian Federation has its own rules for moving, storing, returning and paying for a parking lot, which do not contradict Article 27.13 of the Code of Administrative Offenses.
For example, in the capital of the Russian Federation, the terms and cost of payment are regulated by Order of the Department of Economic Policy No. 83 - TR.
The document approved the following tariffs in force in 2018:
- For evacuation services:
vehicles of categories A and B (up to 80 hp) 3,000 rubles category B (80 – 250 hp) 5,000 rubles category B (over 250 hp) 7,000 rubles C, D, E 27,000 rubles oversized 33,000 rubles - For storage of a vehicle:
A 500 rubles per day B, D (up to 3.5 t) 1000 rub./day D (over 3.5 t), C, E 2,000 rub./day oversized RUB 2,900/day
THE SAME DOCUMENT ESTABLISHES THE PAYMENT DATES, WHICH IN THE MOSCOW REGION IS 30 DAYS FROM THE MOMENT OF RECEIPT OF THE PAYMENT RECEIPT.
The same terms apply in St. Petersburg, but in the Irkutsk region, regional legislation provides for advance payment for services. This means that it is impossible to get a car before paying for tow truck and parking services.
Thus, the legality of requiring advance payment for movement and storage is determined by local law.
Without insurance
To return a vehicle from a parking lot in accordance with current legislation, you must provide the following documents:
- passport of the owner or person receiving the vehicle. In addition to the car owner, the following can pick up the evacuated car: the driver specified in the MTPL policy and any person acting on the basis of a power of attorney;
- vehicle registration certificate;
- driver license;
- motor vehicle license valid at the time of the transaction;
- a copy of the report on the detention of the vehicle;
- permission to return the vehicle (the document is issued by the traffic police after the reason for the evacuation has been completely eliminated).
Thus, the requirement to present a compulsory car insurance policy is enshrined in law, and it will not be possible to receive a car without this document.
For non-payment of fines
Can they refuse to return a car if, at the time of receipt, the vehicle has unpaid administrative fines?
IN ACCORDANCE WITH ARTICLE 27.13 of the Code of Administrative Offenses, THE RETURN OF VEHICLES IS MADE IMMEDIATELY AFTER THE REASON FOR DETENTION IS ELIMINATED, THAT IS, PAYMENT/NON-PAYMENT OF FINES DOES NOT MATTER IN THIS SITUATION. DETENTION OF A VEHICLE FOR THIS REASON IS NOT LEGAL.
In addition, Article 32.2 of the Code of Administrative Offenses states that fines for administrative offenses must be paid by the owner within 60 days after the relevant resolution is issued.
After an accident
Employees of the State Traffic Inspectorate, as well as investigators, interrogators and other law enforcement officers have the right to detain a vehicle to determine the circumstances of the traffic accident.
Detained vehicles are also placed in a specialized parking lot and returned to the owner of the movable property after all the required examinations have been carried out.
You can get a car in such a situation only after permission from law enforcement agencies. However, it should be noted that the car owner does not pay for storage services in this situation.
After the theft
If the car is found by investigative authorities after the theft, it is also placed in a impound lot until all the circumstances in the criminal case are clarified.
In addition, the vehicle is material evidence of the offense committed.
The car will be returned to the owner, without paying for storage services, after examination.
How to pick up a car from an impound lot without the owner
Today, a situation where the actual driver of a vehicle is not its owner, but someone else, is not uncommon. In some families, there is only one car, but several people drive it by proxy. If you are not the owner of the car, but were driving at the time of evacuation, then you can independently contact the traffic police to return the car.
In this case, you need to take into account some nuances. If you are fined for driving a car without documents, then returning the car will be clouded by additional bureaucratic delays and problems. If the documents are in order, the traffic police will additionally need to provide the following:
- power of attorney for the car, which gives you the right to drive the car in the absence of the owner;
- an insurance policy in which your data must be entered;
- a notarized power of attorney from the owner, giving you the right to pick up the car yourself.
As we have already mentioned, any obstacles from the traffic police officers violate current legislation. You must immediately file a complaint if you are denied permission to return the car, citing the fact that you are not its owner. Unfortunately, the banal negligence of some traffic police officers leads to delays; accordingly, car owners have to pay large sums for idle cars in a special parking lot.
Cost of keeping a car in an impound lot
Evacuation is always unpleasant, as it entails a lot of unnecessary expenses. One of them is payment for vehicle idle time at a special site. A serious mistake that inexperienced motorists make is to believe that it is free. Whereas for a day of keeping a car “in custody” you will have to pay a lot.
The first 24 hours are crucial: during this time, vehicle downtime is free. Here the driver’s task is to complete the necessary package of documents for return as quickly as possible. Starting from the second day, evacuation costs increase:
- passenger vehicles of categories A and B with a power of up to 80 horsepower - 3 thousand rubles;
- category B cars from 80 to 250 horsepower – 5 thousand rubles;
- Category B cars with power over 250 hp. – 7 thousand rubles;
- The most expensive parking lot for category D trucks is 27 thousand rubles per day of inactivity.
These tariffs are regulated by current legislation for 2021. If the impound lot staff charges you more than the official rates, you have the right to appeal the decision. Be sure to keep receipts and all documents that can confirm that your car spent less time in the parking lot than you are required to pay. In any case, you cannot leave without receipts and you cannot refuse them either. The faster you collect the documents, the easier the return will be and you may not even have to spend extra money.
What and how much should you pay for?
The most unpleasant event for a vehicle owner is the unexpected absence of the car from the parking lot. This can happen in two cases: theft or forced evacuation of the car.
In the second case, the car can be quickly returned from the impound lot if you follow a certain algorithm and promptly.
First, let's look at the reasons, or legal grounds, for detaining a vehicle. These include the following traffic violations:
- driving a car without a license (if the driver's license has been seized by court decision);
- non-compliance of the technical condition of the car with standards (malfunction of the brake system);
- violation of stopping and parking rules (at a pedestrian crossing, tram tracks, sidewalks, places where public transport stops, provided that this place is marked with road signs);
- driving a car while under the influence of alcohol or another type of intoxication;
- the driver’s refusal to undergo a medical examination at the request of a traffic police inspector;
- consumption of alcohol, narcotic and psychotropic drugs after an accident, before the inspector received a request for a medical examination;
- international transit transportation on the territory of the Russian Federation without permits;
- failure to comply with requirements for the transportation of dangerous and oversized cargo.
In addition, in the event of a serious accident, in order to establish all the circumstances of the incident, authorized law enforcement officials (inquirers, investigators, prosecutors) may make decisions to detain and transport the car to the impound lot.
The cost of car evacuation in different regions is set independently based on legislative acts.
For example, in Moscow, the cost of transporting a car to an impound lot and storing it is established by order of the Department of Economic Policy.
The cost of towing a car includes the costs of moving the vehicle and guarding it in a special parking lot. There are no uniform tariffs for these services; each region sets prices independently at the local legislative level.
The cost of evacuation and storage of a car in a parking lot depends on the engine power and the maximum permitted weight of the vehicle:
| Transporting the car to the impound lot | Storing a vehicle in an impound lot | ||
| Vehicle category | Cost, rub. | Vehicle category | Cost in essence, rub. |
| , B (up to 80 hp) | 3000 | A, B | 500 |
| (from 80 to 250 hp) | 5000 | B (maximum weight not exceeding 3.5 t) | 1000 |
| (over 250 hp) | 7000 | C (over 3.5 t) | 2000 |
| D (trucks) | 27000 | D (oversized vehicles) | 3000 |
Attention! Payment for storing a car in an impound lot is made for a full day.
How to get compulsory motor insurance without a vehicle
The very situation when your car was towed and your insurance policy is expired (or you did not receive it at all) is very difficult. For an inexperienced person, it can resemble a vicious circle. To pick up a car, you will need a policy, but to get it, you will need a technical inspection, which cannot be carried out without a car! The law prohibits issuing car insurance without a technical inspection.
It’s good if your policy is just expired. According to the law, the option is that the insurance is valid for 30 days after the official date of “delay” if you take out the next policy with the same insurance company. If you have all the documents in your hands, including the previous MTPL policy and car ownership rights, the problem can be solved.
But if you didn’t even take out a policy and broke the law by driving a car without a driver’s license, then you can’t do without the help of a qualified car lawyer. It will help smooth out legal nuances and establish contact with traffic police officers: in some cases, for example, if you have paid all the fines and are the direct owner of the car, the police do not even have the right to demand a policy from you. Also, you will not need a policy if you purchased the car less than 10 days ago. There is a legislative act that allows you to drive a car for 10 days while the policy is being issued.
