Situations often arise when a car belongs to one person and is driven by a completely different person. For example, the husband owns the car, and the wife takes the children to school. No one is safe from a traffic accident. Using a car is only possible if you have insurance, so issuing an MTPL policy is mandatory for every car. The big advantage is that you can insure the car without the owner of the car.
According to Article 1 of the Federal Law of the Russian Federation dated April 25, 2002 No. 40-FZ, it is permissible to issue compulsory motor liability insurance for a car without the presence of the owner.
However, it is important to comply with some requirements:
- presentation of original vehicle documentation (vehicle registration certificate, technical inspection, etc.);
- power of attorney on behalf of the owner of the car;
- driver's license.
There is no need to have the power of attorney certified by a notary. If everything is in order with the documents and they are presented in full, it will not be difficult to issue compulsory motor liability insurance without the owner of the car.
However, such rules do not apply to CASCO insurance. This type of insurance without the owner of the car can only be obtained by a person with a power of attorney to drive this vehicle.
In addition to the owner, the car can be insured by the actual driver or any other authorized person. The owner of the vehicle and the policyholder can be either the same person or different.
According to paragraph 5 of Chapter 1 of Bank of Russia Regulation No. 431-P dated September 19, 2014, an insurance company does not have the right to refuse to issue an MTPL policy if the client has provided all the necessary documentation, including a power of attorney from the owner of the car.
Thus, it is absolutely legal for a car to be insured not by the owner, but by the driver or a third party who is not involved in driving this vehicle. Therefore, the insurance form contains 2 separate lines.
The policyholder can add new drivers to the insurance, change the validity period, and also make a request for a duplicate.
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Procedure for obtaining insurance
OSAGO is mandatory for driving a car or any other vehicle whose speed exceeds 50 km/h. At the same time, it is very important to understand that insurance is issued not for the car, but for the driver, since the meaning of compulsory motor liability insurance is to insure liability to third parties during road traffic. Moreover, as you understand, the owner and the driver can be completely different people.
Accordingly, if we look at the procedure for obtaining insurance, then the auto liability policyholder, and therefore the driver, must receive the policy. Don't confuse this definition:
- owner is the one who is the legal owner of the vehicle;
- a driver is someone who is behind the wheel constantly or periodically and controls the vehicle;
- The policyholder is the one who is driving the car and wants to insure himself against losses associated with an accident in relation to the victims.
In practice, it may be that the owner of the vehicle will not have insurance, but a regular user will have it, while the owner must still be entered in a separate column, and who is the insured does not matter. The only thing this can affect is the final cost of the MTPL policy. Because whoever is the driver depends on his driving experience, age and the presence of accidents in the past period, which will directly affect the price of insurance, because this is directly related to the risks of an accident.
Receiving payments
The owner of the car has the right to receive compensation from the insurance company for the restoration of a vehicle damaged in an accident. This compensation can be collected in cash at the insurance company's cash desk or by transfer using the recipient's details. In order for other persons to also be able to obtain insurance, the vehicle owner needs to take care of all the nuances of applying for a policy in advance. To do this, you need to indicate in it the drivers who are entitled to receive and use insurance compensation during an accident. In this situation, the power of attorney issued to the owner must be notarized.
Is it possible to insure a car without the owner?
As we have already found out, any driver should have an MTPL policy, even if he does not own a personal car. Now it remains to figure out whether it is possible to contact the insurance company to obtain insurance only for the driver, without the owner of the car? In order for the answer to be as accurate and reliable as possible, it is necessary to refer to the legislative framework. Federal Law No. 40 “On Compulsory Insurance...” states that anyone who has all the necessary rights and documents can take out insurance, even if they do not own a vehicle. Thus, the policyholder and the owner may be different persons, and one without the other can receive insurance.
If in practice a situation arises where the driver and owner of the vehicle are different people, then each of them is still included in the MTPL policy, but in separate columns where their status and the extent of the insurance coverage are determined.
But it's not that simple. As in any non-standard situations, there are exceptions:
- Firstly, the policyholder must have a power of attorney, which confirms the consent of the car owner to include the policyholder in the MTPL policy. Moreover, it is not necessary to provide a notarized power of attorney, but it is advisable. If there is none, then simply the signature of the owner of the car to carry out such actions is sufficient.
- Secondly, if the owner of the car is not included in the circle of drivers of this vehicle, then insurance does not apply to him. He must either obtain insurance in his name or be listed in the "Limited Access" column.
The peculiarities include the fact that only the policyholder, and not the owner, can make changes to the MTPL insurance contract. And if the owner of the car is not included in the policy as a person who can drive it, then in the event of an insured event - an accident, he cannot count on compensation for the damage caused. The only thing he will win is the restoration of the car, and only on the condition that the driver who was driving his car is not the culprit of the accident, but the injured party.
How to fill out an application
The policy form can include data from both the owner of the vehicle and the person who carries out the insurance. This indicates that the procedure for preparing the documentation in question can be handled by the owner or citizen who has the information necessary to implement this procedure. Legislative acts developed at the federal level establish the possibility of forming an insurance act by a person who is not vested with ownership rights in relation to a vehicle.
In the Russian Federation and the Republic of Belarus, regulations have been developed, they say that it is allowed to draw up an act when using the online mode. You will need to fill out a specially designed form and wait for the system to generate a report and send it to the email address specified in the application. In such a situation, it is important to understand that the paper can be drawn up only if the owner has previously signed a power of attorney.
ATTENTION !!! This document is in a simple format. It is stipulated that contacting a notary in this case is not necessary. The main thing is that the document bears the signature of the owner of the car.
Then the insured is the person who reflects the information in the act in question. Next, he has the opportunity to indicate persons who will be able to drive the car or change the periods for using the car, and make requests for a copy of the lost policy. Statutory provisions provide that the issuer of insurance is not always the person with the legal title.
This factor influences the fact that the document form itself provides two separate fields where the data of the parties to the insurance agreement is entered.
How to get insurance
Now it is possible to obtain car insurance in one of the ways convenient for you: using the Internet or personally contacting a branch of the insurance company.
Online
The online method is becoming increasingly popular due to its remote processing. Not everyone can come to the company’s office in person, but submitting an application via the Internet or renewing an existing MTPL policy allows you to solve this problem. How to get insurance online:
- Decide on the servicing insurance company.
- Visit her official website.
- Go to the “MTPL” menu and select “Online receipt of insurance”.
- First, a standard form will open for you to fill out, where you will enter your data (the driver), the details of the car and its owner.
- Then click “Calculate” and get the cost of registration. If you are satisfied with it, then submit your application for consideration.
- In a few minutes, the application will be approved, and the electronic policy will be sent to your email. All you have to do is print it out.
Applying for insurance online is very convenient and saves a lot of time. At the same time, the electronic OSAGO policy is no different from the paper one.
When visiting an insurance company
The usual option is to contact the insurance company office in person. The owner does not have to be present, but his information will be needed. To immediately issue a policy, collect the necessary package of documents, including for the car. The registration itself takes no more than an hour, you make the payment and receive an MTPL certificate. The advantage of applying in person is the opportunity to receive detailed advice and eliminate errors when filling out online.
Documentation for insurance formation
In order to complete the paper in question, you will need to collect a package of documentation and send it to the authorized organization.
These include:
- driver's license;
- a copy of the act by which the identity of the citizen - the owner of the vehicle is verified;
- vehicle passport;
- paper confirming the registration of the car;
- previously valid act;
- power of attorney.
Based on the above provisions, we can conclude that the procedure for obtaining insurance can be initiated by someone who does not have ownership rights.
IMPORTANT !!! However, it is important to note that in the event of an insurance situation, only the owner of the vehicle has the right to receive compensation.
If this person does not have the opportunity to receive funds, the policyholder does this. In this situation, you will need to provide a power of attorney.
It is important that this act must be presented to a notary officer for the purpose of certification.
What is needed to take out a policy without an owner
Is it possible to get a car insurance policy without its owner? According to the legislative decree of Federal Law No. 40, this can be done, but the question remains, are his documents and a power of attorney necessary? So, before contacting the insurance company, read the required package of documents:
- policyholder's passport;
- passport of the car owner (if possible, original or then a copy);
- driver's license (for everyone who will drive vehicles);
- car registration certificate;
- car passport;
- diagnostic card, if the car is more than 3 years old;
- power of attorney.
If you have collected the entire package of necessary documents, the insurance company does not have the right to refuse to issue you insurance, even in the absence of the owner in whose name the car is registered. If such a situation arises, refer to the provisions of Federal Law No. 40.
Thus, you can take out an insurance policy for a car without its owner; you just need to collect a simple package of documents and obtain his written permission. However, you must understand that in the event of an insured event and the need to receive payments, the personal presence of the vehicle owner will be required. Otherwise, such actions can only be carried out on the basis of a notarized power of attorney, which allows one to dispose of his property or conduct financial transactions.
Is it possible to add more drivers to the policy?
The MTPL policy allows the owner to include an unlimited number of drivers who have the right to drive a specific vehicle. However, it is worth understanding that the final cost of insurance depends on the number of persons indicated in the policy. It is recommended to enroll in the policy exactly those who use the car constantly.
It is not necessary to include the car owner in the MTPL insurance policy, since its presence gives the right to drive the vehicle.
Taking out an insurance policy does not take much time, but allows you to avoid serious financial problems.
Insurance not for the owner of the vehicle
The law of the Russian Federation allows the car owner to transfer control of the car to another person.
But then it is important to figure out whether it is not the owner of the car who can insure the car under MTPL and who can be included in the policy as an insured. This is a person who has entered into an MTPL agreement with a certain company. He pays for the policy, has the right to change the insurance period, can add new persons to the policy, etc. So, let’s consider whether a person other than the owner of the car can be the policyholder. According to the laws of the Russian Federation, the parties to the car insurance contract are:
- directly the owner;
- his principal;
- a driver operating a vehicle by proxy;
- relative or friend.
Therefore, it is not the car owner who can act. At the same time, a citizen does not need a power of attorney for transport certified by a notary. The policyholder is obliged to fulfill the terms of the contract, namely to provide reliable data, valid documents or copies thereof.
One citizen has the right to become an insured, another can become a car owner, and a third person can drive a vehicle.
Who can renew the MTPL policy?
Due to the fact that the insurance is valid for only one year, there will be a need to extend its validity.
To do this, the car owner does not have to personally participate in this process if the expired policy was issued to the vehicle driver acting as the insured. Accordingly, the person who issued the MTPL can renew it every year. The number of extensions is not limited, that is, this can be done for many years.
