Some drivers take out insurance without restrictions. In this case, they should know whether a power of attorney is needed for a car, if other persons besides the owner can drive. Let's analyze the information that is relevant in 2021.
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Car owners often have a question about whether they need to issue a power of attorney if they have unlimited insurance.
OSAGO is insurance that assumes that the car will be used by any person, and not just the one who is included in the policy itself.
So what to do, because if the car is stopped by a traffic police inspector, he may consider the vehicle stolen. Do I need a power of attorney to drive a car if the insurance is unlimited?
What documents should a driver have?
When using a vehicle, the driver should always have a set of certain documents with him. Standard list of papers that a traffic police officer may request during an inspection:
- driver's license;
- vehicle passport;
- compulsory motor insurance policy - OSAGO.
In cases where the car is not driven by the owner, in the absence of the owner, a power of attorney may also be attached to these papers. When renting (hourly or long-term), it is the agreement with the company that is the document transferring the right to represent the interests of the company from the insurer.
Why is a power of attorney needed regardless of insurance?
But the Civil Code still gives the owner the right to transfer his property (and a car is nothing more than property) into trust management:
Article 209 of the Civil Code: 1. The owner has the rights to own, use and dispose of his property. 2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.
What is the difference between an owner and an owner?
To avoid any confusion, owning a car and owning a car are slightly different things. The car is owned by the person to whom it is registered under the purchase and sale agreement. The owner is also indicated on the vehicle registration certificate. And the owner is the one who currently controls the car - operates it, drives it. The owner gives someone the right to own a car.
Is an oral power of attorney possible?
Meanwhile, the Civil Code provides that the owner of his car can only be entrusted with a power of attorney, and this power of attorney can only be written.
1. A power of attorney is a written authority issued by one person to another person or other persons for representation before third parties.
At the same time, the power of attorney may separately specify the rights of the car owner: for example, only to drive the car, the right to sell the car, the right to carry out registration actions with the traffic police, and the like.
Thus, all car owners who drive it are required to have a power of attorney, even if the owner is sitting next to them.
Only, as stated above, there is no obligation to hand it over for verification, and the traffic police inspector, like any other police officer, does not have separate authority to check whether the driver has it.
Do you need a power of attorney to drive a car?
Let's consider several typical situations related to driving and operating a car. Depending on the case, a power of attorney may or may not be required.
As a general rule and in accordance with traffic regulations, driving a car is permitted to all persons included in the MTPL policy. And if insurance was purchased without restrictions, then by all people who have a driver’s license. However, articles of the Civil Code reflecting the rules for the use of other people's property conflict with the above information.
When transferring rights to a vehicle to third parties, it is recommended to document this process. The list of powers and capabilities associated with the machine is determined by the owner. A power of attorney to represent the interests of individuals in an insurance company is drawn up in writing.
It is important to know! Changing the document to provide interests can be done in .
If the driver is registered with OSAGO
From the point of view of legislation, if a person is indicated in the insurance policy, then it is not at all necessary to issue a power of attorney for him to drive a car. However, in order to avoid negative consequences, you can do it just in case. For example, if an accident occurs, it is the owner who will be held responsible.
So, if the driver is included in the insurance policy and was stopped by a traffic police officer for control, then he has no right to ask for a power of attorney. It is believed that if the owner, when taking out insurance, indicated a specific person in the policy, this means full trust in this person to operate the car.
When answering the question of whether a power of attorney is needed for a car if it is included in the insurance, we note that such a document is preferable, but not necessary.
If not covered by insurance
Only the person specified in the insurance has the right to drive the car. Even if the owner is nearby in the passenger seat, the traffic police officer is authorized to fine the owner of the car.
Having a power of attorney to represent the company's interests in the insurance company and operate the vehicle does not exempt you from the need to add the driver to the policy. By law, the inclusion of everyone who will drive the car in the document is mandatory.
If the policy is not limited
More nuances arise in cases where compulsory motor liability insurance is without restrictions. In this situation, anyone can use the car. On the one hand, traffic police officers only request documents for the car. But on the other hand, in accordance with the Civil Code of the Russian Federation, the transfer of property to a third party, including a vehicle, is permissible through an official certificate - a power of attorney to the insurance company.
Is there a penalty for not having a power of attorney?
According to current laws, there are no penalties for the absence of a power of attorney. However, a penalty is imposed if the car is driven by a person whose details are not included in the insurance policy. The amount of the fine under Art. 12.37 Code of Administrative Offenses will amount to 500 rubles, and the one who was driving will have to pay it. The same thing awaits the driver if the policy is not in the car.
The driver who had previously been found guilty of similar violations also did not have the right to drive further. The traffic police officer could remove the license plates from the car or send it to the impound lot. However, in 2021, such penalties will not apply. Moreover, they are no longer illegal.
Thus, at present there is no need to have special permission from the owner of the vehicle in order to drive it as a driver. However, the one who drives the car must be included in the insurance. This record itself will confirm that the person is allowed to drive, and for its absence a fine will be imposed.
In what case does a third-party driver need a power of attorney?
A third-party driver will need a power of attorney if he is the one who will carry out bureaucratic procedures with the vehicle. The most common reasons for its registration include:
- car driving;
- registration of documents for the car, in particular OSAGO and CASCO policies;
- undergoing regular technical inspection and carrying out vehicle repairs.
So, if the car is transferred to one degree or another to a third party, then the owner is obliged to transfer the rights in a documented manner by issuing a special certificate. When clarifying whether a power of attorney is needed to drive a car if it is included in the insurance, we note that it is recommended for implementing a number of procedures with the vehicle.
Unlimited insurance - what is it?
What is unlimited insurance? Which insurance is considered unlimited and which is not? The answer is simple - unlimited insurance is the one that covers any damage caused to the car or participants in an accident.
In the Russian Federation, this type of insurance is viewed very skeptically, this is due to the fact that car enthusiasts believe that, at a fairly high cost, insurance without restrictions does not give anything, but in reality this is not the case.
If one car is supposed to have more than one driver, but several, then when applying for compulsory motor liability insurance you can follow two paths:
- The first is to include all intended drivers in the policy
- The second is to purchase insurance without restrictions
Apply for compulsory motor liability insurance
If you decide to purchase insurance without restrictions, then pay attention to how the policy is filled out. In the third paragraph of compulsory motor liability insurance there must be a tick in the box - the agreement is concluded in relation to an unlimited number of persons. All other fields must have dashes, since the policy without restrictions does not indicate persons allowed to drive, does not indicate anyone, including the owner of the car.
How to register correctly
In the process of drawing up a power of attorney, it is important not only to comply with all the conditions, but also to think in advance about the list of rights transferred to a third party. Paperwork is acceptable both at a notary office and at an insurance company. In the second option, it applies exclusively to the receipt and use of the policy.
The documents required to draw up a power of attorney include:
- Standard form, a sample of which can be found online.
- Passports of both parties.
- Papers for the vehicle.
Both parties must be present when signing the document. The notary has a power of attorney for the insurance company to provide interests and a sample application. A handwritten version of a general power of attorney is acceptable and will be valid in the event of an accident. After calling the traffic police, the culprit must provide his insurance contract. Written certification by a notary is a standard requirement.
What is a power of attorney?
The next question to consider is what is a power of attorney? We need this concept in order to understand the main question - is a power of attorney needed if the insurance is unlimited?
A power of attorney is a legal document that gives a driver the right to operate a vehicle without the physical presence of the vehicle owner. The power of attorney is issued exclusively by the owner of the vehicle.
OSAGO insurance - power of attorney
In order for a power of attorney to be a legally binding document, special attention should be paid to how it is drafted. You can draw up a power of attorney yourself on a simple sheet of paper and write it by hand, you can buy a form and fill it out, it is also possible to notarize the power of attorney, but in this case this is an optional condition.
The power of attorney must contain certain information, without which the document will be considered invalid. So, let's look at what information should be contained:
- Document title in the center of the sheet
- Date and place of writing, for example, May 15, 2015, Moscow. The city is indicated in the upper left corner, the date in the upper right
- Personal data of the principal, that is, the owner of the car - passport, series, number, who issued it, when it was issued, department code, addresses of registration and residence.
- Next comes information about the car itself - data on the title, license plate, engine numbers and registration certificates
- Then, they write down the same personal data of the authorized person, that is, passport, etc.
- Actions that are permitted to a trusted person, that is, driving a vehicle
- The power of attorney is signed by both parties and a transcript of the signature is included.
The power of attorney should indicate the validity period of the document. The maximum period for which a document can be issued is three years. If the period is not specified, then the power of attorney is automatically considered to be valid for one year. The term of the power of attorney is calculated from the date of writing the document. Please note that if the date is not specified, the document will be considered invalid.
Insurance without limits - power of attorney
Whether to notarize this document is everyone’s personal desire. There are no such requirements in the law, but if you feel safer, you can have it certified by a notary and, just in case, make a copy.
Why do you need a power of attorney to represent interests in an insurance company?
A power of attorney is an official document drawn up in accordance with the rules of law. It may be required in cases where the owner does not visit the insurance company himself.
In practice, it is compiled in two cases:
- The owner of the car cannot physically be present at the insurer’s office due to health reasons, lives in another country or is in prison.
- The owner purposefully transferred the rights to use the vehicle to a third party, moreover, we are talking about driving the car and/or carrying out a number of other procedures.
When drawing up the document, you must strictly follow the filling example and include all the basic points. If one of the components is missing, the paper is considered invalid. A sample power of attorney for an insurance company for an individual can be found on the Internet.
Power of attorney to drive a car and insurance
Today, in many families, a car is purchased not only for one driver, but also for other family members.
Help: It is possible to register ownership in the name of only one person, but to drive this vehicle, other persons will need a special document called a power of attorney.
But how are such a document as a power of attorney and the insurance itself interconnected? In some situations, you simply cannot do without this document to obtain a motor vehicle license. These include:
- the situation when insurance is taken out by someone other than the owner of the vehicle;
- occurrence of insured events when representation of the car owner is necessary. Most often, in court you need to provide a certain package of documents and carry out certain actions confirming the insured event.
Cost and calculation of compulsory motor liability insurance without restrictions
Unlimited car insurance costs more than standard car insurance prices. The exact cost of compulsory motor liability insurance is calculated on the website of the selected insurance company.
In order for the system to show the correct result, you need to leave o in the paragraph on the list of drivers.
In addition, you will need to provide information about:
- the car owner's registration;
- is the owner a legal or private person;
- required service life;
- the number of horsepower of a vehicle engine.
When calculating the cost, the Bonus-Malus coefficient will not be taken into account. However, when purchasing an unlimited policy, you can use the accumulated KBM discount.
When taking out open insurance, the KBM will be calculated based on the data of the vehicle owner.
Although an unlimited insurance policy is 80% more expensive , different prices are possible in each individual case.
Duration of the power of attorney
The validity period of the document is determined by its type: a policy is issued with and without indicating the validity period of the permit. A power of attorney indicating a term is valid for no more than 3 years. A permit without specifying a period is valid for even less – up to 1 year.
A power of attorney is a one-sided transaction. Its validity period begins on the next day after its registration. If the last day of the validity period is not a working day, then its expiration is postponed to the next working date.
Unlimited MTPL insurance
If the car owner decides to take the first path and make insurance without restrictions online, then for registration you will need a personal passport, documents for the car, and information about passing a technical inspection.
This option will be convenient for those who have not yet decided who can transfer the right to drive their car. And if you obtain a driver’s license during the insurance period, you will not have to contact the insurer again. However, for such comfort you will need to pay an amount with an increasing factor of 1.87.
To find out how the cost of insurance without restrictions is calculated, consider an example: the driver has a passenger car with a capacity of 100 horsepower and is registered in the city of Novosibirsk.
4,942 rubles - the maximum cost of the base rate from January 1, 2019;
1.7 - territorial coefficient;
1.87 - the number of drivers is not limited;
1.1 — vehicle power factor;
1 — seasonality, more than 10 months;
1 – insurance period more than 10 months
Calculation: 4,942*1.7*1.87*1*1 = 15,710.60 rubles .
As a result, for unlimited insurance, which any driver will use, the policyholder will pay 15,710.60 rubles. Is it possible to make the amount smaller, the answer will be unequivocal - it’s impossible, since there is no way to influence the reduction of the coefficients.
If the driver is not included in the policy, he will face administrative punishment. The fine is 1.5 thousand rubles. Delay in compulsory motor third party liability insurance entails a fine of 800 rubles.
Fines apply not only to the owner of the vehicle, but also to the motorist using someone else's car.
Payment for the administrative violation must be made within 2 months.
To avoid punishment, the owner and driver will have to enter into an agreement on the free use of certain vehicles. It is subscribed for a specific period of time. After signing it, both parties make changes to the insurance form within 10 days.
In practice, the use of the insurance document is minimal. If there is one, then the road service employee will not be able to fine either the owner of the car or the driver. An appeal against the sanction is possible if the motorist did not have the agreement with him, but the fine was still imposed.
To appeal the decision on a fine, the driver files a complaint with the State Traffic Inspectorate. If the complaint is rejected, a statement of claim is filed with the court.
The issued fine can be appealed within 1.5 weeks from the date of its issuance. Within 10 days, the accused presents evidence of his innocence - an insurance contract.
The appeal period is extended, but only if the injured party has a compelling reason:
- business trip;
- sick leave
The most effective option is to file a complaint directly with the court. Litigation often ends positively for the owner of movable property. In most cases, the State Traffic Inspectorate does not cancel fines.
What it is
A power of attorney for a car is a documentary authority to carry out certain actions. The document is issued to another person to enable him to fully use the vehicle in accordance with legal regulations. The document is drawn up in writing. Until 2012, a document was required even when transferring a car to family members, as well as friends, acquaintances and third parties. But the second driver was not considered the owner of the vehicle, since the driving rights were simply transferred to him, sharing them with the original owner. Since 2012, the rules have changed, as the regulatory framework has undergone certain adjustments that are aimed at simplifying the use of the car and all its privileges.