Is it possible to drive a car if you are not included in the insurance but the owner is nearby in 2021?

Is it possible to drive a car if you are not included in the insurance, but the owner is nearby?

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Not everyone who has a driver's license has their own car. Sometimes the car acts as a shared vehicle for the whole family, or the driver works for a legal entity and provides related services. However, regardless of the situation, you must have an MTPL insurance policy in hand. The driver’s absence of it, even if the insurance is issued to the owner of the car, is punishable by administrative measures, according to the Code of Administrative Offences. But many are interested in whether it is possible to avoid punishment if the owner of the vehicle is nearby? So what does the law say about this?

What fine will you face if you are not included in your compulsory motor liability insurance in 2021?

The situation when you need to drive, there is insurance, but a specific driver is not included in it, arises very often. The traffic rules contain the following list of documents that the driver of the vehicle must have:

Driver's license
Vehicle documents
MTPL policy (if the obligation is established by federal law)

It would seem that there is a policy - you can move. But that's not true.

Important! Under compulsory insurance, it is not the car that is insured, but the liability of the person driving it.

OSAGO issued in the name of the owner, and he himself is nearby, do not in any way mitigate the guilt of the driver who is not included in the insurance. Therefore, he immediately receives a fine of 500 rubles and, if desired, can move on. But he must take into account the possibility of multiple punishments.

An exception may be a situation when the owner of the car became ill and someone volunteered to urgently take him to a health care facility. And then this will need to be proven to a police officer.

Insurance technologies do not stand still and now some companies are ready to issue and supplement policies online. Additional payment for one more driver is made instantly by electronic payment from a smartphone. Therefore, you can try this option before your trip. If it doesn’t work out, we again draw up and sign a sales agreement. Only in these cases will the traffic police inspectors have no complaints.

Management of a person not named in the insurance

It happens that the owner of a vehicle sometimes has to transfer the car to another person. Perhaps - in order to deliver a doctor to his home or make another urgent trip. After making sure that the friend has a driver’s license, he is given a car passport, a certificate of registration, and even a compulsory motor liability insurance policy. The owner does not even think that the insurance does not contain the name of the new driver. He also doesn’t think about what will happen if this person is not included in the insurance.

If a traffic police inspector stops this vehicle, the driver faces a 500-ruble fine, despite the fact that the owner of the car may be nearby in the passenger seat. The policeman will ask them to change places and continue driving. Of course, such an offer can only be relevant if the car owner has insurance issued for him.

A detained car without a driver included in the insurance, or without one at all, will get off with two minor fines. This is provided that the car did not cause a traffic accident. If an accident occurs and no insurance was taken out, the owner of the at-fault vehicle will have to pay for repairs to the victim’s car out of his own pocket. Of course, this will not happen immediately. The insurance agency of the offender will pay the victim the compensation due, and only then will recover the required amount from the culprit.

The culprit should not complain about negative circumstances - the law on compulsory motor liability insurance provides for such a situation. Federal legislation stipulates that the insurer that paid the compensation is given the right to recover from its client the amount spent on compensation in the event that a driver not identified in the certificate is driving.

Therefore, it is impossible to say exactly what the fine will be if the driver is not included in the insurance - if the victim’s vehicle is damaged, the cost of repairing his car will be added to the amount of mandatory recovery, and this is a different amount in each case.

How to sign up for insurance

Adding a new driver to it will help you avoid unpleasant consequences for failure to comply with the rules for filling out the insurance certificate. This can be done by the car owner himself at the agency office or by the driver himself.

To be included in the insurance you will need the following documents:

Passport.
Driver license.
Certificate of compulsory health insurance.
Power of attorney, if one has been issued.

If for some reason a person cannot visit the agency, he can call an insurance employee to his home. Most often, the applicant is issued a new document with changes made to it. Of course, we should not forget that such a procedure applies to a policy of restrictive action.

Such an approach should alert the applicant, because this is a direct loophole to legally drive a car without the owner’s permission.

What is the fine if you are not included in the compulsory motor liability insurance in 2021?

But what if the insurance policy is limited and the owner of the car is nearby? Is there any punishment in this case or not? In fact, if the driver is not included in the MTPL, the fine will also be 500 rubles.

Therefore, when getting behind the wheel of an “iron friend,” you must clearly understand that you cannot avoid responsibility. Moreover, in this situation, the traffic police officer can issue a fine not only to the driver who violated the conditions, but also to the owner.

Within the framework of the law, both violated the law, as a result of which administrative liability may be imposed.

Important! If the driver is a motorist who is not included in the insurance, and who does not have a driver’s license with him, then the fine is 3,000 rubles, in accordance with Article 12.3 (clause 3) of the Code of Administrative Offenses of the Russian Federation.

It is worth noting that an unlimited policy is a form of contract under which the liability of each traffic participant who drives a car is insured, regardless of age and experience.

Features of the policy:

the cost of the policy is 80% higher than usual;
The policy does not include driver details, which is especially important for taxi or bus owners;
the discount for accident-free driving is fixed for the car and the owner;
at any time, the owner can contact the office of the insurance company and change to limited insurance, taking part of the money.

This protection is suitable for the category of motorists who often entrust control to third parties. Today, unlimited insurance can be purchased not only in the office, but also via the Internet on our portal.

It is worth noting that there are several ways in which a traffic participant who is not included in the OSAGO form can avoid liability.

Methods:

Agreement on free use of cars

This method is used only by experienced drivers or so-called drivers. How to compose it correctly will be discussed below.

If the owner is nearby

In this case there is a small exception. It is possible to avoid liability only if the driver got behind the wheel as a result of the owner becoming ill and requiring urgent hospitalization. This fact will need to be proven to a traffic police officer.

Some drivers are still confident that if the owner issues a handwritten power of attorney, then anyone can get behind the wheel of a car and drive it. In fact, this rule was in effect until 2012.

It was from this time that motorists are required to register all insured persons in the policy.

Important! Even if the owner turns to a notary and draws up a power of attorney, it will not be possible to avoid punishment. Therefore, you should not spend money, since it is more profitable to contact the office of the insurance company to make the necessary additions.

There are situations when the owner gives his car to another driver. Is the driver who gets behind the wheel and is not the owner of the car liable? Yes. The owner will also receive a fine of 1,000 rubles if the MTPL document is not in the car.

But there is a solution to the problem: the owner can enter into an agreement for the free use of transport. Then you can avoid penalties.

What happens if an accident occurs and the person at fault is not on the insurance policy.

If a driver gets behind the wheel of a car and does not have an insurance policy, then he exposes himself to great risk.
There are cases when such driving ends in an accident. If such a situation occurs, it will be accompanied by many negative consequences and financial losses. If a person was driving at the time of the accident, whose details were not written in the insurance policy, then serious and lengthy proceedings will await him. In addition to a fine from the traffic police, for driving a car without the necessary documents, the person responsible for the accident may be forced to pay monetary compensation to the insurance company. Victims have the right to go to court to demand money from the perpetrator to compensate for the damage.

The cost of repairs to the injured party will be paid by the organization from which the policy was purchased. But if at the time of all the proceedings, it becomes known that the culprit was driving the car and was not included in the insurance policy, then the organization has every right to sue him for compensation for losses that were caused due to the violator.

The insurance organization has the right to sue the guilty party for damages in accordance with Article 14 of the Law on Compulsory Insurance. After filing a claim, the court will satisfy all the requirements specified in it and the person who was driving and did not have the appropriate documents will be obliged to pay the entire amount to the insurance company.

It is mandatory to include the person who will drive the car in your insurance policy; this will help avoid most problems. Today, a power of attorney does not need to be issued, but it is mandatory to include it in the driver’s insurance policy.

Now you know how much the fine is if the driver is not included in the insurance. But if you think this amount is insignificant, then you must remember that a fine can be issued every time the car is stopped by the traffic police. It won’t take much time to add a new driver to your insurance, but it will not only save you from a fine, but also save you from possible financial losses that may occur in the event of an accident. That's all, good luck on the roads.

Fine for driving without MTPL insurance in 2021 - changes to the Code of Administrative Offenses

No one is immune from such a disaster as a road accident. This can happen to anyone, but what awaits those drivers who ignore the law and drive a car without compulsory motor liability insurance?

It is worth noting that the amount for the violation that will be charged to drivers who repeatedly violate the law and are involved in accidents will be increased. In addition, all the damage will fall on your shoulders, even if you are not the culprit of the accident. There is also a huge chance that the driver will be deprived of his license for a period of three years.

Let's talk about the fine for driving without insurance in different countries. Below we have listed several developed countries where the punishment is quite impressive.

USA

In the US, you can refuse car insurance, but you still have to pay. To do this, you need to prove your solvency, after which the authorities are paid $500. If a US driver drives without insurance where it is required, he may face imprisonment instead of a fine.

So, if you have an MTPL policy, but you forgot it at home, you have two options to choose from.

The inspector can check the presence of compulsory motor liability insurance using the RSA database. The employee has the right to make a decision independently - whether to waste time searching for information about the policy, wait for the delivery of a forgotten document, or impose a fine.
You can also independently provide the inspector with the data for checking the MTPL policy - number and series. The inspector will check the policy against the database.

If the inspector does not want to independently check the database whether you have a valid policy or not, and you do not know its number and series, he has the right to assign you a warning or a fine of 500 rubles.

There are 2 types of MTPL policies:

With limitation. This policy covers up to 5 people who have the right to drive a car. You can enter the data of additional persons, but the cost of the policy will increase, since the insurance company will take into account the bonus-malus coefficient. It is influenced by the presence of traffic violations and participation in road accidents over the past several years.
No limits. In this case, only the owner’s data is entered into the OSAGO, and any person with the rights of the appropriate category is allowed to drive the car.

The validity period of the policy does not depend on its type. In both cases, you can apply for 3, 6 months or 1 year. There is an option to make a seasonal policy if the car is used only at a certain time of the year (usually the summer season).

If the driver is not included in the policy, he will be fined 500 rubles. In this case, the presence of the owner in the salon does not matter. If insurance is not taken out at all, the car owner may also be held liable.

The owner of the car is not responsible if he was not driving

The only exception to the rules is that the owner of the vehicle is responsible only for violations that are recorded by automatic means of photo and video recording. If he cannot prove that he was not driving the car at that moment.

Other types of penalties for driving without insurance

What is the fine for driving without insurance in 2021? Previously, the state inspection could restrict the use of a vehicle only because the driver was driving without an MTPL insurance policy. But now inspectors do not have the right to remove the license plate from the car or tow the vehicle.

It is worth noting that if the MTPL policy is forgotten or the person is not included in the insurance, the amount of recovery is small when compared with other articles. However, remember that the number of administrative penalties is not limited, so the total amount that will need to be paid may be significantly higher than it seemed.

At the same time, changes in administrative legislation apply to Article 12.37 of the Code of Administrative Offenses of the Russian Federation, which includes the opportunity to pay half of the imposed fine within 20 days from the date of its imposition.

It is possible that in the near future the fine for not having a policy will be increased to 2,500 rubles, especially since amendments to the Code of Administrative Offenses of the Russian Federation have already been drawn up.

List of fines for driving without insurance

If we summarize all possible fines for driving without insurance from January 1, 2021, we get the following list:

Driving without insurance (left at home): 500 rubles (Article 12.3 of the Administrative Code of the Russian Federation, part 2);
Driving without insurance (was not issued): 800 rubles (Article 12.37 of the Code of Administrative Offenses of the Russian Federation, part 2);
Driving with expired insurance: 800 rubles (Article 12.37 of the Administrative Code of the Russian Federation, part 2);
Driving outside the insurance period: 500 rubles (Article 12.37 of the Code of Administrative Offenses of the Russian Federation, part 1);
Driving a car if the driver is not included in the insurance: 500 rubles (Article 12.37 of the Administrative Code of the Russian Federation, part 1);

Question answer

Question: I let a friend (his initials are not listed on the insurance) drive my car, while I sat next to him. When we were stopped by a traffic police inspector, it turned out that my friend had left his license at home. Is it possible to drive a car if it is not included in the insurance, if the owner is nearby? And what is the fine if the driver is not included in the insurance?

Answer: No, you can't. According to Art. 12.3 of the Code of Administrative Offenses of the Russian Federation, administrative liability will be applied to you for the fact that the control of the car was transferred to a citizen who does not have a driver’s license, the fine for such an act is three thousand rubles, and 500 rubles for the fact that the person is not included in the insurance policy.

Question: I drove without insurance and was stopped twice during the day - in the morning and late in the evening, this was followed by two fines, each of 500 rubles. Does the law provide for the issuance of several fines on the same day for the same violation?

Answer: The law does not establish a period for holding people accountable for lack of documents. Therefore, the number of times the fact of lack of documents was established, the same number of times the traffic police officers will issue a fine. It doesn’t matter whether it’s twice or 5 times. For example, in Moscow, such a fine is calculated based on data from cameras that are checked against the database. Consequently, the number of photographs can be unlimited, taken in different places, and for each established fact a corresponding protocol will be drawn up.

Question: Due to the rise in price of policies, my friend was not able to take out a compulsory motor liability insurance policy, so he forged it. As a result, the inspector issued a fine and added that a criminal case would be initiated regarding this matter. Is it true?

Answer: Recently, the number of cases of forged documents has increased. Indeed, according to Art. 327 of the Criminal Code of the Russian Federation, forgery of documents is punishable by punishment, which in some circumstances can reach imprisonment for two years. If you cannot prove the fact that the insurance was forged by your friend, then it is still impossible to avoid prosecution, since he committed the use of a forged document, the punishment for this is a fine of up to 80 thousand rubles.

Fine for driving without insurance in 2021

There is also a loophole in the law that allows you to drive without compulsory motor insurance without the risk of being fined. This is possible by concluding a free use agreement. The principle of operation is the same as in a purchase and sale transaction, only no money is paid and the vehicle is not re-registered to another person. The contract specifies those who have the right to drive the car. After its conclusion, there will be 10 days to re-register the data in the insurance. This means that by renewing the contract for free use every 10 days, you don’t have to include the driver in the policy. In fact, for him, someone else’s car will temporarily become his own.

By car and driver
By resolution number

If at the time the driver is stopped to check documents, he does not have an insurance policy with him (regardless of the reasons), but in principle the policy exists, then 2 scenarios are possible:

The driver can convince the inspector to get by with a warning. In this case, he will be given a verbal warning without drawing up a protocol. The inspector can check the availability of the policy by its number in his own database (at his own request).
The inspector draws up a report and issues the driver a fine of 500 rubles.

As for electronic insurance policies (eOSAGO), it is best to have a printed version with you. In such a situation, there will be no claims against the driver. In this case, the driver can present the policy on his phone or tablet, which also serves as proof of its availability.

Let's pay attention! Registration of electronic MTPL is a good option to simplify the registration procedure

and receiving the document. If you have such insurance, the driver is not required to carry it with him, but only must provide data by which the inspector can find it in his database.

If the inspector finds an error in the policy, the owner of the vehicle faces a fine of 500 rubles.

Therefore, it is necessary to carefully check the document before signing in order to avoid an unpleasant situation. In the future, you can file a complaint with the insurance company, but there is always an unspoken rule that all documents must be carefully checked before signing.

If the policy is issued only for a specific period (for example, 6 months), then using the car during other periods (other six months) is a direct violation and is accompanied by a fine of 500 rubles.

– in fact, the driver currently does not have insurance. This situation most often occurs among older people who take out insurance only during the summer season in order to save on compulsory motor liability insurance. Therefore, you need to be careful and not violate the established order.

The owner of the car is nearby

People often wonder whether it is possible to drive without insurance if the owner is nearby . The thing is that there is no actual difference.

The offense will still be recorded, even if the owner is sitting in the same car, but in the passenger seat. In any case, a fine of 500 rubles will be issued.

In this case, the car will not be confiscated, since the owner is on site . The traffic police officer has the right to hold the owner, as well as the driver, responsible for the offense.

Is it possible to avoid responsibility?

It is possible to avoid imposition of a fine and evade responsibility. When a free use agreement has been concluded between the owner of the vehicle and the driver, the traffic police officer no longer has the right to impose a fine.

Please note that the principle of operation of such a document is similar to the purchase and sale agreement, but the parties do not have to re-register the car, and there is no need to deposit funds either.

In the contract for free use, the owner of the vehicle specifies a list of persons to whom he grants the right to drive the vehicle.

When such an agreement has already been signed (the date must be put at the bottom), the owner of the car and the driver have the right to add the necessary information to the MTPL policy within 10 days.

Such agreements are convenient to use when there is a need to provide a vehicle to another driver for a limited period.

Insurance fine in 2021

If the car is insured, but at the time of the stop by the traffic police inspector there is a driver behind the wheel who is not included in the policy, then he will receive a fine of 500 rubles. A protocol can also be drawn up against the owner of the vehicle.

– even if he is not in the car at the time of the stop. In the future, the protocol will be sent to your residential address.

If a person without a license gets behind the wheel, the fine will be from 5 to 15 thousand rubles, and the owner of the vehicle in this case faces a fine of 3 thousand rubles.

Since driving without insurance is a violation of the law, there cannot be any benefits in the usual sense. But in order to encourage car owners to quickly fulfill their obligations under issued fines, they receive a 50% discount if they pay the fine within 20 days

after drawing up the protocol. This type of incentive made it possible to more than double the number of timely repaid fines. Such incentives will remain in effect for at least another 3 years.

In the absence of an MTPL policy, the traffic police inspector will not be able to seize the vehicle and send it to the impound lot

, as well as removing license plates. In any of these situations, this will be an abuse of power, which threatens official proceedings and can be appealed in court.

And the absence of a driver’s insurance policy with him is not a reason to hold the driver accountable for his complete absence. It is important for the driver to know his rights and carefully read what the inspector writes in the protocol.

Back in 2015, they began to discuss the creation of an electronic system that would allow combining several electronic databases (RSA - availability of a policy, TsODD - reading the number and identifying the owner, and the traffic police - issuing a fine). But in practice, the implementation of this project has been delayed for several years. The test version was launched only in 2019, and the first drivers received regular notifications stating the absence of compulsory motor liability insurance. No fines were issued

At the moment, the system is still being prepared for launch, and Moscow will be the first to test the innovation. As for the timing of commissioning of the system, they have not yet been determined. Although, according to some rumors, the implementation will take place in 2021. But there is no reliable confirmation, and the start of the system, according to representatives of the State Traffic Inspectorate, will be announced in advance in the media

Limited – this type provides the opportunity to drive this transport to all persons included in the document. The law does not regulate the number of registered drivers. The electronic form requires 5 people . If there are more drivers, they fit into the addition. It is also possible to add drivers on the back of the policy and certify with a stamp.

Since 2021, in Russia, the coefficient (KBM) has changed when calculating the cost of insurance. It is accrued for the calendar year (from April 1 to March 31), and not for the duration of the contract.

There is no single policy cost for registered drivers. There is an individual calculation, which depends on the coefficients used in the calculation. In some cases it is free. The procedure for entering the policy itself is free. The coefficients that are used for calculation can be greater or less than one. 2740-4942 rubles in 2021 .

the lowest coefficient of one of the drivers will be taken into account

The coefficients that affect the cost of the policy when adding a driver include:

driving experience;
driver age;
bonus-malus (accident-free driving).

A handwritten power of attorney is necessary in cases where the owner is not involved in registering the car, but entrusts this to an authorized person. Also needed in such cases:

it is not the owner who undergoes the technical inspection;
register or deregister a car;
during the sale of the car;
pick up a car from the impound lot.

The written document must indicate all actions that will be performed by the representative.

In car insurance, the owner of the vehicle, at his own discretion, indicates the people who will drive it during the validity of the document. This means that a person can legally be in the driver's seat and participate in traffic. In previous years, in a situation where the car is driven not by the owner, but by a person who does not have the legal right to drive this car, when stopping the inspector had the right:

issue a receipt for payment of the collection;
withdraw registration number;
send the vehicle to the impound lot.

In 2021, for such a violation, there are no provisions for removing license plates or sending the vehicle to an impound lot, and in general there are no administrative penalties provided for by law, other than payment of a monetary penalty. Since 2013, a monetary penalty of 300 rubles has been collected, but what is the fine if it is not included in the insurance today? The fine for participating in traffic if the driver is not included in the driver’s license is 500 rubles.

If this offense is committed for the first time, then the traffic inspector may limit himself to a verbal warning, without issuing a receipt for payment of the penalty. At each subsequent stop, if the driver is still not listed in the vehicle license, traffic police officers have the right to fine the driver continuously.

When, when a vehicle is stopped by traffic police representatives, it turns out that the driver is not listed in the car insurance contract, but the owner is in the passenger’s seat, a monetary penalty is issued to both. The fine for the driver and passenger-owner will be the same - 500 rubles each.

A fine is not imposed for driving a car without indicating personal information in the car insurance if the driver has a DCP.

Why include a driver in insurance?

What is the fine for parking on the sidewalk, the fine for stopping on the curb

Not only troubles in the form of issued orders and associated costs await the owner and motorist. The fact is that compulsory motor liability insurance does not apply to cases where the culprit is not included in the policy. This means that all costs of restoration or compensation for damage received in an accident will be borne personally by the culprit, who is not included in the list of persons allowed to drive the car.

If the insurer refuses to compensate for losses, the victim requests compensation directly from the culprit. In addition to the established amount, the victim has the right to demand the maximum payment determined by the insurance under compulsory motor liability insurance. If the court decides to collect, the person responsible for the accident will have to pay an amount of up to half of his earnings. Both the vehicle and other property may be seized as payment for the debt.

Administrative punishment cannot be avoided even if the driver is injured. Compensation for damage to the vehicle will be received from the guilty party in full. It will not be possible to determine exactly how much it costs to restore someone else’s car if it is not included in the policy in advance, so a motorist always takes a risk when driving without properly issued insurance.

The fact that the consequences due to the lack of a driver’s name among people allowed to drive are quite serious, forces us to urgently begin to put the OSAGO documents in order even before the car is entrusted to a stranger. You can safely drive nearby, knowing that the person driving the car has legal grounds to do so.

By saving on car insurance by not adding a new person to the policy, you should not risk more serious amounts when a fine is issued if you are not included in the insurance. What to do in this case? It is better to immediately inform the insurer about the persons who are eligible. In this case, you will not have to bear any consequences if the driver is not included in the MTPL.

When we are driving in our car in the passenger seat, handing over the steering wheel to a stranger, we need to remember what fine we will have to pay if the driver is not registered. By introducing new information, we overpay a little for extra people and travel calmly, without fear of force majeure situations. Still, it’s better to be sure that all the documents are in order than to think “I’m driving without a legal right to do so.” Insurance entails mandatory expenses, but it is better to pay: for this, you will be calm and will not be afraid of inspections by inspectors.

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Insurance companies use 2 types of auto insurance:

Limited – the form contains 4 people who have the right to drive transport. The insurance indicates all personal data and the policy period. Almost all motorists take out this type of insurance.
Open (“without restrictions”) – the policy does not indicate the number of people who are allowed to drive vehicles and their data. A car can be driven by a person who has a driver’s license with the required category. This is a more expensive type of auto insurance and is more suitable for an owner who has a large family or for a small business owner.

The consequences of an accident involving a vehicle, if the driver was driving who is not included in the limited car insurance, are quite noticeable:

they will issue a fine of 500 rubles for leaving without the relevant documents;
The driver, not the owner of the vehicle, compensates for the damage caused by the accident.

The Traffic Regulations provide a list of documents that a person driving a vehicle must have with them:

driver's license, open category;
STS;
auto insurance policy.

Lack of insurance is allowed for categories of vehicles:

vehicles do not take part in road traffic for technical reasons;
transport that does not reach a speed of more than 20 km/h;
military equipment, except that which is used in economic work.

Payment of a monetary penalty can be avoided when concluding a purchase and sale agreement.

As mentioned above, if an unlimited policy is issued, then there is no penalty for driving not included in the insurance. But driving without being included in a limited policy will entail punishment. When a vehicle is stopped by traffic police inspectors, the driver is required to present an MTPL insurance policy and a number of other documents. If the person driving the vehicle is not included in the insurance, then a fine of five hundred rubles will be imposed on him. This is provided for by the Code of Administrative Offenses of the Russian Federation. Also, as a punishment, they may be deprived of the right to drive a vehicle or send the car to a penalty area, which will entail serious financial costs.

If a person is included in the MTPL insurance policy, then there is no need to additionally issue a power of attorney. There are only a few cases when a document is required, namely:

extension of the insurance policy;
legal transactions regarding the vehicle;
vehicle inspection;
car registration procedures.

Even if there is a power of attorney, the car user must be included in the insurance policy, otherwise a fine is inevitable.

A person who takes the risk of driving a car without signing up for insurance will face lawsuits and financial losses.

In addition to the fines issued by the traffic police, the driver who violated the traffic rules will have to pay a fine to the insurance company.

The citizen who was driving the car will have to pay all the costs of repairing the car. (The insurance company will most likely file a lawsuit in order to obtain money from the culprit who caused the accident to repair the car, and will win the case).

According to Federal Law No. 40 “On Auto Insurance” , every vehicle in use must be insured in case of an accident. This provision was introduced in the country in 2002 in order to resolve issues with compensation for damage in car accidents. Thanks to this, it was possible to relieve the courts, which had previously been literally overwhelmed with claims from victims against those responsible for road accidents.

According to the provisions of Federal Law No. 40 , the MTPL policy must include the data of all drivers allowed to drive the insured car.

If the driver who caused the accident is not included in the insurance , then compensation will be denied. He will have to independently compensate for all the damage caused. But, this provision is only valid for a policy with a limited number of drivers. The second type of insurance, without limiting the number of persons allowed to drive, allows a stranger who has a valid license to drive.

This version of the policy does not include information about drivers who have the right to drive a car. That is, any citizen who has a driver’s license and permission from its owner can drive an insured car. This option is convenient for legal entities that have commercial vehicles at their disposal.

This allows commercial vehicle drivers to be replaced in any order. For example, in case of illness, transfer to another car, or dismissal of the previous driver.

The only disadvantage of such insurance is the higher price compared to a limited policy. It will cost the policyholder 85% more than the standard option. A fine, if not included in the insurance without restrictions, will not be imposed on the driver.

Adding a new driver to a policy with a restriction is a paid procedure. An additional insurance premium is charged here in the following cases:

The entered driver has a lower KBM class than the previously entered persons.
His age or driving experience is less than that of drivers previously included in the policy.

All recalculations are made in accordance with the tables of decreasing/increasing coefficients.

Associated with an increase in insurance risks when drivers who frequently commit accidents or have little driving experience are included in the MTPL policy. Thus, the rating in the KBM reflects the personal statistics of a particular driver’s accident-free driving. The lowest class is assigned after an accident occurs for three years in a row. If such a careless driver is included in the policy, the price of insurance will increase by 2.45 times compared to the base rate. In a similar way, the change in price is calculated when registering persons under 22 years of age or who do not have driving experience.

Driving by proxy

Vehicle owners usually believe that issuing a power of attorney for the driver is quite sufficient . However, in accordance with current legislation, the driver must be included in the policy in any case.

This is due to the fact that in the event of an accident, insurance will no longer cover the person who was driving if he is not included in the policy.

That is why it is prohibited to drive a car without being included in the MTPL policy. Even if the driver drives the car by proxy, he will still be fined 500 rubles.

Here are the documents a car driver must have:

MTPL insurance policy;
vehicle registration documents;
license to drive a car.

Please note: when the car owner decides to temporarily transfer the vehicle to another person, it is enough for him to enter this person in the OSAGO form. There is no need to issue a power of attorney.

However, in the following situations, a power of attorney is required:

another person must renew the technical inspection;
the authorized representative plans to remove or register the car with the state;
planning a trip abroad;
another person will sell the car.

In these cases, a power of attorney is issued. In all other situations, this document is not needed.

What is the fine if the driver is not included in the MTPL insurance?

After a fine is imposed, the driver is given a 10-day period to appeal it. If he did not exercise his right, or the appeal was refused, the court decision comes into force. A period of two calendar months is allotted for paying a fine imposed for violating traffic rules.

In case of delay, according to Article No. 20.25 of the Code of Administrative , the violator is subject to one of the following penalties:

Increase in the amount of the fine by 2 times.
Administrative arrest for 15 days.
Forced labor for up to 50 hours.

If the penalty is paid within 20 days from the date of imposition, the violator is given a 50% discount . There are several ways to pay the fine:

Through a branch of any commercial bank.
Through a payment terminal.
Using the State Services portal.
On the official website of the traffic police.
When visiting a post office.
Through a mobile application on a smartphone or tablet.

to keep the payment receipt for six months in case of technical problems when transferring funds. Then the payer will be able to confirm the fact of payment, avoiding prosecution under Art. No. 20.25 Code of Administrative Offences .

A driver driving a car, according to traffic regulations, must have with him:

Driver license.
Certificate of registration of the car with the traffic police.
OSAGO policy.

This list also applies to situations when the car is not driven by its owner. Until 2012 To drive someone else's car, a power of attorney from its owner was required. But now this provision has been abolished.

From now on, a power of attorney is required for:

Registration or deregistration of a vehicle.
When selling a car.
To travel abroad in someone else's car.
To pick up a car from an impound lot.

The legislator provides two options for concluding an insurance contract:

unlimited;
limited.

In the first case, any motorist who has a valid license and other necessary documents can drive a vehicle; at the same time, the insurer retains obligations regarding compensation payments in the event of a traffic accident.

Until 2012, driving someone else’s car required a power of attorney along with other documents. Today, this rule has been abolished due to loss of relevance. Previously, a power of attorney made it possible to designate a car for legal use and, if it was stolen, everything was easily calculated. Today, the need for this has disappeared due to the availability of more modern tools and technologies.

Fines
Driver license
Road accident
Insurance (CASCO, OSAGO)
Technical inspection, PTS, STS
Registration with the traffic police
Taxes
Car loan
To help car enthusiasts

If the owner of the vehicle is not in the car at the time of the violation, then:

the driver will be punished by a fine of 500 rubles (Article 12.37 of the Administrative Code)
the vehicle and the driver may be detained until the competence of the person to operate the vehicle is determined

The vehicle and driver may be delayed for 3 or more hours. At this time, the driver’s identity will be verified, the vehicle will be checked for theft, and, if possible, contact will be established with the car owner.

If permission from the owner is not confirmed, then:

the driver will be detained on suspicion of theft and handed over to law enforcement for further investigation
the vehicle will be towed and placed in a parking lot, which will lead to loss of time and additional costs for paying for the services of an evacuation service and security at a specialized parking lot

If an accident occurs as a result of the unlawful use of a motor vehicle, compensation for the damage caused will be paid at the expense of the driver who is at fault.

Will there be penalties if the compulsory car insurance policy contains the details of a driver’s license that has been replaced? No. Current legislation does not provide for liability for untimely changes to the driver’s data in the insurance policy. Such an obligation is provided only by Article 15 of the Federal Law “On Compulsory Motor Liability Insurance”.

It should be noted that in the event of an accident, the insurance company does not have the right to refuse payment or make recourse claims.

Payment of the administrative fine must be made within 60 days from the date the decision on the administrative offense comes into force (Article 32.2 of the Administrative Code).

If you pay the fine within the first 20 days after the ruling is issued, you can receive a discount of 50% of the specified amount.

You can pay the fine in any available way. The most popular are:

payment through bank operators. Fines are paid at any bank, regardless of the region of residence of the offender. When paying through Sberbank there is no commission for transferring funds. In other credit institutions, the commission amount is set independently
payment via ATMs. There is also no commission when paying through Sberbank ATMs. Before using other ATMs, it is recommended to check the commission amount with the servicing bank
payment via terminals. The commission is determined by the tariffs of the service organization;
online on the State Services website. No commission charged
at the post office
online through the personal accounts of banks servicing the violator’s card. The size of the commission is also determined by the bank’s tariffs
online through various payment systems (for example, Yandex. Money). The commission amount is determined by the system tariffs
from a mobile phone account. Commission depends on the operator

As a rule, funds are credited to the account of the recipient of an administrative fine within 3 business days.

We calculate the cost of the policy;
We agree on the details with the customer and issue a policy;
we transfer the document to the delivery department.

We guarantee delivery of the policy within two hours or the next day after it is issued. The client signs the contract and two receipts presented by the courier with payment on the spot. We provide a signed copy of the MTPL policy and application to the insurance company.

If there is no insurance policy in the car

When drivers think about whether it is possible to drive without signing up for a policy, they have another idea: not showing insurance at all. However, this is an unsuccessful solution to the problem.

If the vehicle does not have a compulsory motor liability insurance policy during the inspection, the punishment will be more severe:

The fine in this case is not 500, but 800 rubles.
The penalty is imposed on the driver and the owner of the vehicle.

The punishment becomes double in accordance with Part 2, Article 12.37 of the Code of Administrative Offenses of the Russian Federation: it provides for liability for driving a car by a person who does not have a legal basis for it, as well as liability for the lack of an insurance policy.

Of course, you can try to convince the traffic police officer that the driver simply did not take out the insurance policy by chance, he was sure that he was in the car. But in practice, it is rarely possible to explain the situation in this way and avoid imposing a fine.

Documents must be checked before the trip, and the driver must always have an MTPL insurance policy in his hands.

Are changes made to the policy when changing car license plates?

In the practice of auto insurance companies, there are cases when the owner of a vehicle changes license plates before the end of the contract. If the insurance contains an old car number, you must notify the insurance company of the change in data and make changes to the policy. Also, at the request of the car owner, you can terminate the old contract and draw up a new one indicating current information. However, this option is more expensive and labor-intensive.

Making changes to the insurance policy at the company office

When contacting an insurance company, you should prepare an application in duplicate. One is for the company representative, the other is for the car owner. Moreover, the insurance agent must stamp and date the application and enter the specified new number.

According to the current legislation of the Russian Federation, in 2021, an insurance company may refuse to pay compensation if false data is provided in the civil insurance policy.

A change of license plate and no changes to the contract fall under this case. In this regard, it is necessary to enter the car number into the insurance after re-registration.