If you re-register a car, do you need insurance for this?

Concept and purposes of insurance

Before clearly answering the question regarding the need to have insurance documentation for the car being sold, you need to take into account some aspects. Legislative acts establish a rule according to which the presence of the act in question is mandatory for all persons who manage. It is worth noting that such situations do not provide for exceptions. If a situation occurs that a person is driving a vehicle without an insurance certificate, penalties will be applied to him.

This act is used for the purpose of civil liability insurance for the owner of the car. An important point is that the registration is not for the car, but for a specific citizen who plans to drive it. When a citizen plans for members of his family to have access to a car, or rather to drive it, it is necessary to register information about each in the insurance. In some situations, it is possible to draw up the act in question without establishing restrictions. This means that anyone can drive a car.

In a situation where a citizen who is selling a vehicle has drawn up an agreement with the insurance company for a year, but in fact sold the car earlier than this period, you need to visit the company and return part of the money paid. It is the buyer's responsibility to obtain a new insurance certificate. It will not be possible to use previously drawn up insurance, as there has been a change in the basic data.

In addition, at the legislative level, a person is required to send the insurer data on all adjustments made to agreements.

Solution to the question in the general case

The main question that arises among buyers of used cars when re-registering a car in their own name is whether it is necessary to change insurance if the former owner has nothing against giving the policy to the buyer?

To answer this question, you need to understand that compulsory motor liability insurance is a document that insures the liability of a specific car owner, the insured. Therefore, it is natural that if there is a change of owner, you will have to get a new policy, in which the full name of the new owner of the vehicle will appear in the “Insured” and “Vehicle Owner” columns.

If the seller simply gives the buyer an insurance document, then it will still not be possible to legally drive with it, since after the conclusion of the policy, it is only allowed to drive the car for 10 days, and the insurance itself is not issued to the new owner.

It will also not be possible to register the purchased vehicle with the traffic police - the inspector will immediately see that the policy is not issued in the name of the applicant and will refuse to register the vehicle.

In most cases, the process of re-registration of a purchased car occurs as follows:

  1. A contract is concluded, a mutual exchange takes place (the seller receives money, the buyer receives cars, keys and documents).
  2. The seller goes to the insurance company to receive compensation for unused policy days. Of course, no one likes to return money, least of all insurers. But since the law obliges them to do this, within two weeks after submitting the corresponding application, the amount calculated based on the number of days remaining until the end of the insurance period is returned to the policyholder. But there is one “BUT”. Insurers have found a loophole through which they reduce the amount of compensation by 20-23%. Justifying this by the fact that they incurred expenses for salaries of employees, paperwork, etc. Although if you have a desire to prove this insurance claim is illegal, then you may well do this, but only through the court.
  3. The buyer goes to the insurance company to obtain a policy, since it is impossible to re-register the car without insurance.
  4. The new owner registers the car with the traffic police.

This happens in the vast majority of cases. However, there are always exceptions, and some buyers of used cars manage to re-register the car in their name without obtaining new insurance. How to do this will be discussed further.

Methods for obtaining a policy

In order to sell a vehicle, a citizen needs to formalize a purchase and sale agreement. In addition, it is permissible to use the option of using a power of attorney in a general format. It is worth considering that there are several different formats for re-issuing an insurance agreement. This is affected by which method is applied to the process of obtaining rights to a vehicle.

Speaking about whether it will be necessary to carry out the procedure for re-issuing insurance in a situation with a transfer of ownership, it should be noted that the answer to it is strictly affirmative. In the process of drawing up a new act, several types of methods can be used. For example, a citizen who is a seller has the opportunity to include the buyer in the insurance. Another way is for a person to completely terminate the contract with the insurer. In this situation, the person is entitled to receive a compensation amount for the part of the period that was not used under insurance.

IMPORTANT !!! A person also has the opportunity to re-register the document for another car. The particularities of the situation under consideration may develop in different ways. It often happens that a citizen sells a car, after which, on the same day or the next, he acquires a new document. In this case, you still have a policy in your hands, to which you can make some adjustments.

This act can be used in the future, provided that adjustments are made. A similar situation is typical for a person who buys a car. Then he can take out the previous policy for the purchased car. Changes will need to be made to the insurers' union database.

Regardless of what the situation is, the citizen needs to discuss all the nuances that arise. Car owners often have questions about how long it is permissible to drive a car without a policy. It is worth considering that from a legislative point of view, this type of behavior is considered illegal. There is a categorical ban on using a car without a document. For a citizen who violates these rules, liability is provided. In addition, an important point is that the citizen’s data must fully coincide with what is stated in the policy. Otherwise, difficulties arise in obtaining insurance amounts.

What are the penalties for not having insurance?

The fine for not having a policy has not changed in Russia for many years. Its size depends on the type of violation:

  • absence of a car insurance form (if the person is insured) – 500 rubles. or warning;
  • lack of permission to drive a car (the driver is not included in the insurance) – 500 rubles;
  • complete absence of compulsory motor liability insurance – 800 rub.

Related article: How long can you drive a car without compulsory motor liability insurance in 2019

Important! This type of fine can be paid within the first 20 days after the violation with a 50% discount.

Reflection of data about a new person in the policy

Sometimes the transfer of powers between citizens is realized through the execution of a power of attorney in general form. When individuals have expressed their consent for the new owner to use a previously issued policy, they will need to visit the insurance company and indicate that such a decision has been made. Based on the information above, we can conclude whether it will be possible to keep the insurance when selling the car or not. The answer to this question is positive, provided that the necessary adjustments are made to the document.

When using this option, it is recommended to issue an additional type of agreement. This is due to the fact that the new owner has the opportunity to pay monetary compensation for the use of previously issued insurance. This option should be considered as the most optimal and logical. When it becomes necessary to calculate the amount that needs to be returned to the client, you can use a fairly simple calculation. It is necessary to divide the entire amount of funds paid for the policy by the number of days in the annual period, if the agreement is valid for a year. After which, the amount is multiplied by the number of days during which the agreement was not used.

The specified re-registration technique can be used in a situation where these actions are implemented within one region. The total value of the act in question must be taken into account in each specific case, since it may have a different expression. An important point is that contacting a notary office when transferring powers should be used if there is the will of the participants.

What should I do when buying a used car?

If the used car is sold, then the MTPL agreement must be terminated, as a result of which the policy loses its validity. In this case, the insurer must return the balance of the deposited funds under this agreement.

However, as practice shows, the insurance company prefers to withhold about 20% from the policyholder, citing the fact that the company also has expenses for conducting business, but these actions are fraud.

If someone witnesses such an incident, they need to file a claim in court.

A new insurance policy must be issued for the new owner of the car.

If the contract states that the buyer will only have the right to drive the car, then he will not be able to re-register the car, which means that the insurance in this case will remain the same, because in fact the same person remains the owner.

If the previous owner does not want to terminate the insurance contract, the policyholder can contact the insurance company to amend the MTPL agreement, on the basis of which the policy will be reissued.

If the policyholder receives an application to change the information specified in the insurance contract, the insurer may require the policyholder to pay an additional insurance premium (clause 23 of the above rules)

You can make changes to the insurance policy by making entries in the “Special Notes” section, indicating the date and time of such changes.

The information entered must be certified by the signature and seal of the insurance organization, or a new insurance policy must be issued within 2 days from the date the policyholder submits the previous policy.

However, in order for the traffic police to avoid problems when re-registering a car to a new owner, it is better for the former owner to submit an application to the insurance company to terminate the compulsory insurance contract, and the new owner will then be able to conclude his new insurance contract and receive a compulsory motor liability insurance policy.

Moreover, if changes are made to the contract, as described above when changing the owner, the contract will be valid only for the period for which it was previously concluded, and the new owner will still have to enter into a new insurance contract.

So, there are only three ways to solve the insurance issue:

The first is to re-issue insurance to the new owner, who, in turn, must compensate for all unused insurance costs.

The person who receives ownership of the car must report this legal fact to the insurance organization.

A sample application can be obtained from the insurance company.

In this case, the main thing is to find a common language with the buyer so that the latter pays the cost of insurance payments in proportion to the remaining term of the contract.

The second option is to terminate the insurance contract and receive from the insurance organization the unused portion of the insurance payments.

To do this, the owner must submit an application to the insurance organization to change the owner of the car and to return the insurance premium.

And the last way is to re-issue insurance for another car. This option may be suitable for those who have another vehicle that was insured by the same company or, after selling the car, the owner plans to buy a car and register it with the same insurance organization.

In this case, the insurer may offer to reissue insurance on another car, and the remaining payments on the sold car will be transferred to pay for insurance on the new car, or the payment will be transferred to the existing car towards future payments.

To do this, after selling the car, the policyholder must submit an application to transfer the remaining payments to his other car.


Find out if you need a car when re-registering from the article: Do you need a car when re-registering?

What fines are imposed for late re-registration of a car are shown in the table.

How the policy is terminated

In a situation where the buyer refuses to pay compensation, the person selling the car has the opportunity to contact the insurer and terminate the agreement. You need to visit the company as early as possible so that the company pays a large amount for the unused period under the document. Insurance law states that a person must bring to the company a copy of the purchase and sale agreement, indicating that the insurer has the option to keep 20 percent of the total amount under the contract. This is a penalty. For this reason, experts note that a more profitable option is to change the old document or enter into a new agreement. The situation under consideration has some peculiarities.

It is required to own several cars at the same time. In addition, insurance must be obtained from one organization. Particular care must be taken in situations where a transaction is concluded between third parties. This is due to the fact that there is a high risk of fraudulent activities.

Is it possible to obtain compulsory motor liability insurance in another city?

In some cases, it becomes necessary to take out a policy outside your hometown.

The reason may be:

  • buying a new car;
  • the need to work away from home;
  • purchasing a car to drive it to your hometown.


Expert opinion
Artemyev Dmitry

Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.

Ask a Question

According to Law No. 40-FZ of April 25, 2002 “On OSAGO”, the owner of a car has the right to insure the car in any city or region. However, it is not necessary to be registered there. The registration procedure is no different from what it would be like if it happened at your place of permanent residence.

Those citizens who bought a car with the purpose of further transporting it to their place of permanent residence can take out temporary insurance using transit numbers. And re-register as a permanent one upon arrival home.

Peculiarities

For someone who buys a vehicle, the use of a previously executed agreement is not legal. The reason is due to the fact that there is a change in the owner of the car, in addition, the certificate confirming the registration of the car and the license plate change. The specified data must be changed in the policy, otherwise the document does not correspond to reality. A new deed will need to be drawn up. In such a situation, the organization carrying out insurance activities bears obligations related to the return of the amount for the unused period.

However, the option of drawing up a power of attorney in general form is acceptable. This indicates that a citizen has the opportunity to perform actions that have legal significance in relation to the car.

Must be provided

So, is it possible to re-register a car without insurance? As mentioned above, you cannot register a vehicle without first obtaining a compulsory motor liability insurance policy. Indeed, for this procedure it is necessary to provide the following documents to the traffic police:

  • an application of the established form, which, as a rule, is filled out right on the spot;
  • passport of the new car owner;
  • power of attorney, if registration is handled by an intermediary;
  • documents for the car;
  • purchase and sale agreement (sometimes the traffic police will accept a copy, but it is better to take the original with you);
  • OSAGO policy.

Thus, you simply cannot do without prior insurance. Moreover, without this document, no one will accept the remaining papers. You need to know this.

Insurance renewal procedure

Citizens should not have any questions about whether it is necessary to issue a new power of attorney for a vehicle when buying or selling it or not. The answer to it can only be positive. Without receiving the act in question, you will not be able to use the vehicle. However, not all citizens know how to correctly process the document. Initially, you need to start the process of collecting documentation. The list includes acts confirming ownership of the car, registration certificate and driver’s license. Difficulties may arise from choosing an insurer.

In this matter, it is best to follow the reviews of familiar motorists. The organization will need to provide all the documents collected by the citizen. When visiting, the insurance citizen fills out an application in writing. You should use the form that will be provided by an employee of the company in question. In a situation where a company acts as the policyholder, you will need to collect registration-type papers. In addition, it is checked whether the vehicle that is applying for insurance has passed inspection. If you plan to include several citizens in the document, then you need to collect driver’s licenses for each of them. In addition to other documents, you need to bring with you a previously issued insurance policy.

ATTENTION !!! The citizen who acts as the insurer under the new agreement must provide a document by which his identity is verified. When all the necessary actions have been completed, the citizen is given a completed act. In particular, this is the completed insurance policy form itself, a reminder about what needs to be done in the event of an emergency, as well as a couple of copies for drawing up the Euro protocol. The person should also make sure that these papers include a check indicating payment for the policy.

Thus, the procedure for re-issuing the act in question does not have any particular difficulties, however, it is characterized by some bureaucratic delays. In addition, during the process of drawing up a document, a citizen may be faced with the fact that the insurance company refuses to perform the functions assigned to it. In this case, you will need to find another insurer or use methods aimed at influencing the company. Regardless of the situation, it will be possible to find a compromise. This applies to both insurers and vehicle owners. The car must be used with caution to avoid an insured event.

Is it possible to re-register a car without insurance?

In order to re-register and re-register a car with the State Traffic Safety Inspectorate, by law you need to submit the required documentation, the list of which is reflected in clause 2 of Order No. 605 of the Ministry of Internal Affairs of the Russian Federation. Required documents for submission:

  • owner's civil passport;
  • PTS, STS (if available);
  • contract of sale;
  • application (filled out according to the sample);
  • OSAGO insurance.

Article on the topic: Features of compulsory motor liability insurance and is it possible to drive a car if it is not included in the policy?
If, when submitting a package of documentation, a traffic police officer does not find correctly issued insurance in the name of the new car owner, then it will not be possible to re-register the car.

Important! Insurance companies are required by law to reissue MTPL insurance even in cases where the car does not have a license plate. After receiving them, the auto insurer's employees simply enter new information into the auto insurance form.

Under the purchase and sale agreement in 2021

As of 2021, it is impossible to re-register a car with the traffic police under a purchase and sale agreement without first obtaining new MTPL insurance. Therefore, after purchasing a car, the new owner must undergo a technical inspection at the selected diagnostic center and obtain MTPL insurance (it is reissued even in situations where the car has not yet passed state registration with the traffic inspection authorities). Not a single branch of the Russian State Traffic Safety Inspectorate will re-register a car without insurance.

List of documentation for registering a car

The process of registering a vehicle with the state is thoroughly prescribed in the current regulations. Thus, the list of documents required for registration is given in Order for the divisions of the Ministry of Internal Affairs No. 1001.

The documentation set includes:

  • Personal passport of the vehicle owner.
  • Vehicle registration certificate.
  • Registration certificate from the previous owner if the car was given as a gift, inherited, or purchased on the secondary market.
  • A title document confirming the legal ownership of this vehicle. These are: deed of purchase, deed of gift, certificate of inheritance.

In addition to the Order of the Ministry of Internal Affairs, Federal Law No. 40 and the Motor Insurance Rules require the presentation of a valid compulsory motor liability insurance to register a recently purchased car. The policy format does not play a role here - it can be a traditional paper version, or an electronic UISAGO. When presenting a digital policy, it is not necessary to convert it to paper format. You can simply tell the employees of the registration department your UISAGO number, and they will independently check it against the internal traffic police database.

Rating
( 1 rating, average 4 out of 5 )
Did you like the article? Share with friends:
Для любых предложений по сайту: [email protected]