Who has the right to insure a car under compulsory motor liability insurance?

Can the insured under compulsory motor liability insurance not be the owner of the car?

Quite often, a car is purchased by one person and operated by another.

In order not to waste time on re-registration of property rights, the legislation of the Russian Federation provides the opportunity for the owner of a vehicle to entrust the driving of the car to another person.

In this case, the question becomes relevant: who can be the insured under compulsory motor liability insurance, and whether it is possible to obtain insurance for someone other than the owner of the car.

First of all, you should figure out who the insured is in the MTPL policy. He is the person who enters into a compulsory motor liability insurance agreement with an insurance company.

The policyholder pays money for insurance and makes the necessary adjustments in the future. He has the right to change the period of use, add new drivers, receive a duplicate of the policy, and the like.

Amendments were made to the rules of compulsory motor liability insurance, the provision of the law in relation to persons who issue insurance policies has changed.

The policyholder and the owner of the vehicle are different persons under compulsory motor liability insurance. The insurance form contains two separate columns for them, which confirms the right for another person to take out the policy. This can be any driver authorized to drive a vehicle.

In accordance with the law, a party to the contract may be:

the owner himself;
his confidant;
a driver who operates a vehicle by proxy;
a close person or just an acquaintance.

Thus, the insured under the MTPL policy may not be the owner of the car. In this case, a person does not have to have a notarized power of attorney for him.

One person can be the policyholder, another can be the owner, and a third person can drive the insured vehicle.

The law does not specifically specify whether it should be an individual or an organization. Any person has the right to insure a car.

The policyholder must simply perform his simple duties:

Provide truthful information, valid documents or photocopies thereof. They are needed for the correct calculation of the insurance premium and the conclusion of the MTPL contract.
Make timely necessary changes to the policy if necessary during the year.

Registration of compulsory motor liability insurance without the presence of the owner

The presence of the owner to obtain insurance is not a prerequisite. But his name fits into the auto insurance policy.

The policyholder must be included in the MTPL insurance as a driver authorized to drive. This is the person who entered into a compulsory insurance contract and made payment. He automatically becomes a driver included in the insurance and is covered by insurance.

For the owner, when registering a car not in the name of the owner, it is not necessary to enter the policy as a driver.

Any driver to whom a power of attorney has been issued can take out insurance without the presence of the owner, and it does not have to be certified by a notary.

The owner of the vehicle can issue a one-time, special or general power of attorney to issue a policy. A handwritten version will also work.

In addition, you will need the following documents:

Insurance Application.
Driver's licenses of all persons who are allowed to drive a car under the MTPL policy.
Driver's ID card and a copy of the car owner's passport.
Documents for the car - PTS and registration certificate.
Previously concluded auto insurance policy.
Directly, the power of attorney itself to conclude the MTPL agreement.

You can present the above list of documents in copies if the insurance company allows it.

Cost of insurance purchased by someone other than the owner of the car

The cost of insurance depends on several factors:

driver experience;
his age;
KBM coefficient.

When calculating, only the data of those persons who are allowed to drive a vehicle will be taken into account. The cost of insurance will depend on their number. Therefore, you should only enter those drivers who plan to use the car constantly.

If the policy is issued not by the owner of the car, but by another person, then the owner may not be included in the insurance. Since the presence of a policy gives the car owner the right to use it.

Registration of a compulsory motor liability insurance policy not for the owner of the car will not affect the cost of insurance at all.

According to the law, which is also in force in 2019, when the insured and the owner are united in one person, there are no changes in the cost of the policy.

It can only be noted that additional costs will be incurred by the owner of the vehicle when registering a power of attorney with a notary.

Who will receive the insurance payment when applying for compulsory motor liability insurance not for the owner?

Having an MTPL policy gives the insured a guarantee that in the event of a traffic accident, the costs of repairing the damaged vehicle will be fully or partially covered by the insurance company.

If the policy is not issued to the owner of the vehicle, drivers have a question about who is the beneficiary under compulsory motor liability insurance, the owner or the insured . According to the law, insurance compensation is due to the owner of the car.

Cash compensation can be received in cash at the insurance company's cash desk or by bank transfer by providing the recipient's details to the bank.

It is the owner of the vehicle who will receive payments when an insured event occurs. Therefore, he should foresee all the nuances of obtaining insurance in advance.

Only he will have the right to receive insurance compensation, unless he makes a power of attorney to another person to receive payments. In this situation, the power of attorney must be certified by a notary.

The authorized person can be the policyholder under the MTPL policy or any other person.

The insured under MTPL may not be the owner of the car. The insurance company has the right to enter into a motor vehicle liability agreement with anyone who presents a document confirming the right to operate the vehicle.

In accordance with the law, if the owner and the policyholder are different persons, the MTPL agreement can be issued for any of them. The insured of the vehicle is automatically included in the insurance as a driver.

The owner of the car, when registered in the name of another person, does not have to be included in the policy as a driver. In the event of an accident, the owner of the car or an authorized person has the right to receive insurance compensation.

Can the insured under MTPL not be the owner of the car?

The legislation provides for the opportunity for a person who is not the owner of the vehicle to operate the vehicle and perform legally significant actions in relation to it, provided that documents are available. Does this rule apply to liability insurance? Who is the insured in the MTPL policy? Who can be a car insured under MTPL? Who will receive compensation if the owner and the policyholder under the MTPL policy are different people?

Who can be an insured under MTPL?

The application for concluding a motor third party liability insurance contract contains several lines for entering the data of the policyholder, the owner of the vehicle and the drivers. The relevant information is indicated in both the MTPL agreement and the insurance policy.

The concepts of “policyholder” and “owner”

Article 1 of the law “On OSAGO” reveals the meaning of the concepts and indicates who the insured is in the OSAGO policy, and who is the owner. The insured is the person who enters into a mandatory “automobile insurance” agreement with the insurance company and puts his signature on the document. The owner of the vehicle is the person who owns the car on the right of ownership, obtained by concluding a purchase and sale agreement, receiving an inheritance, etc. Another category that appears in the insurance is the driver. He is recognized as a person who has the right to legally drive a car.

Role in issuing a policy

The policyholder and the owner under compulsory motor liability insurance may be the same person, or they may be different people. The first one enters into an insurance contract, and the second one is the subject in respect of whom this contract is concluded. The person who paid for the insurance after signing the transaction has the powers and rights provided for by the terms of the contract - to renew, terminate early and change the contract. The owner of the car does not have such rights.

What rights do they have?

The policyholder has the right to carry out any actions provided for by law related to the execution of the MTPL agreement, its extension or termination. He can make changes to the contract, add new drivers to the MTPL policy, change irrelevant technical characteristics of the vehicle in the document, etc. That is, he can interact with the insurance company from which he purchased the insurance policy within the framework of the law and the terms of the contract itself.

The owner of the vehicle, in respect of which the contract was concluded, has all other rights and has his own responsibilities. Only he (or his official representative) can file an application for payment of compensation, can receive insurance after the occurrence of an insured event, monitor the quality of car repairs under compulsory motor liability insurance, file complaints against the insurance company, etc.

Registration of compulsory motor liability insurance without the owner of the car

The procedure for issuing an insurance policy, when the policyholder and the owner under compulsory motor liability insurance are not the same person, is practically no different from the standard one. Typically, in such situations, the insured is the driver of a car owned by another person. For example, a husband can enter into a compulsory insurance agreement for a car that is owned by his wife.

Design features

The purchase of an MTPL policy without the owner of the car is carried out in accordance with the MTPL Rules. The procedure involves choosing an insurer and contacting him to calculate the cost of insurance. If the amount of the insurance premium and the conditions offered by this insurance company are suitable, then a contract is concluded. After paying the insurance premium, the policyholder receives his copy of the agreement, compulsory motor liability insurance policy, notification of an accident and insurance rules.

You can also conclude an agreement electronically. To do this, you need to register in your personal account on the website of the selected insurance company and fill out an application. If the information from the application during verification does not coincide with the data from the unified information database, the system will require you to upload electronic copies of documents. After paying for insurance using any of the proposed methods (Visa, electronic wallets, etc.), the contract will be considered concluded, and the insurance policy itself will be sent to the e-mail specified in the application. You will need to print it out and take it with you in your car.

Required documents

To register compulsory motor liability insurance, it is necessary for the owner of the vehicle to issue a power of attorney to the person who will enter into the contract and pay for the insurance. According to Art. 185 of the Civil Code of the Russian Federation, a power of attorney for a car is required if legally significant actions will be taken in relation to it. Registration of a compulsory motor liability insurance policy is such. The rest of the list of documents will be standard, provided for in Article 15 of the Law “On Compulsory Motor Liability Insurance”:

Statement;
A copy of the owner’s passport, the policyholder’s passport;
Driver's licenses of all persons who will have the right to drive a car;
Diagnostic card with maintenance;
PTS, STS.

From those who can insure a car, the insurer has no right to demand other documents, since the list of required ones is fixed at the level of federal legislation. But the MTPL Rules established by Central Bank Regulation No. 431-P state that if the contract is concluded with a new insurance company, the policyholder must provide information about previous auto insurance policies. Therefore, when submitting an application, it is better to have copies of the old contract and policy with you.

Cost of insurance for non-owner

The cost of insurance will not depend on who enters into the agreement - the policyholder or the owner of the vehicle. The calculation will depend on the type of insurance. If a policy is issued with a limited number of drivers who have the right to drive a car, then the insurance company will calculate it based on the worst indicators. That is, if one driver has 7 years of experience, and the second has 2 years, then the coefficients of the second driver will be taken into account when calculating.

If insurance is issued without restrictions, then the coefficients of the vehicle owner will be applied. If the policy is purchased by a legal entity, then when determining the BMI, the vehicle data is used - whether it was involved in accidents in previous insurance periods or not, and when determining the territorial coefficient, the place of registration of the legal entity will be taken into account. All calculations must be carried out in accordance with the values presented in Central Bank Directive No. 3384-U.

Who will receive the insurance payment?

If the policyholder and the owner are different persons, a natural question arises as to which of them has the right to receive insurance compensation. According to Art. 12 of the Law “On Compulsory Motor Liability Insurance”, a claim for compensation for damage received in an accident can only be submitted to the insurance company by the victim or his official representative. That is, any driver included in the MTPL policy and recognized as injured in an accident can write an application for insurance for damage to health or property. If the policyholder is included in the insurance as a driver, he has the right to make a claim for payment to the insurer. If not, then he will need a power of attorney from the owner of the car confirming his authority to receive payment of insurance compensation.

Conclusion

Who the insured is in the compulsory motor liability insurance policy is stated in the legislation and in the Automobile Rules. The owner is not always the one who enters into the insurance agreement; he may not even be included in the policy as a driver. In order for another person to have the right to obtain insurance, perform registration actions and operate a car within the framework of the law, the owner of the vehicle must issue such a person a notarized power of attorney.

Rights of policyholders and car owners in MTPL

Statistically, the owner of the car and the policyholder under the MTPL policy are most often the same person. Perhaps this is why questions related to servicing auto insurance contracts still arise. Not all motorists have had to deal with the difference between the rights of the vehicle owner and the powers of the person who took out the insurance. However, the roles here are distributed quite clearly, and a lack of understanding of some of the features in this area is fraught with an offensive waste of time.

OSAGO is primarily a contract

Let's turn to the essence of the auto insurance policy. What is it from a legal point of view? This document is a completely full-fledged agreement concluded between the policyholder and the insurer. It differs from “classical” contractual relations in that its basic conditions are established by law:

forms for applying for insurance have a standard form;
the calculation algorithm of the OSAGO calculator is identical for all companies (unlike the CASCO calculator);
payment limits and the procedure for settling losses are regulated centrally;
The procedure for issuing policies is clearly defined and uniform for market participants.

But otherwise, from the point of view of civil law relations, it is the contractual principles that apply. This means that all issues arising regarding the parameters of the current policy can only be resolved by the parties who executed the contract.

OSAGO calculator calculation and online purchase for 50 companies.

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Who is in charge: the policyholder or the owner of the car?

One party is the organization that issued the insurance. And the second is the person indicated as the policyholder. It is the policyholder (and only he) who has the right to make changes to the policy and terminate it (or his representative by proxy). But the fact of owning a car for which a mandatory liability insurance contract has been concluded is not sufficient to carry out these actions. Yes, the owner of the car is also indicated on the OSAGO form, but the insurance itself belongs to the policyholder. It was he who bought it and paid the insurance premium.

What then are the functions of a vehicle owner in MTPL? All actions related to the settlement of insurance claims in case of damage to a car are exclusively within his competence. In this situation, the policyholder, as they say, does not decide anything. The entire process of property restoration is based on the actions of the beneficiary to whom the property belongs. In general, the main powers can be delimited as follows.

Policyholder:

Changing the list of drivers allowed to drive.
Making changes when changing the owner.
Extension of the period of use (within the annual contract period).
Termination of the policy (including receipt of the “unused” portion of the premium).
Making technical changes (replacing the state number, VIN, etc.), adjusting the stated operating conditions (use with a trailer, purpose of using the car).

Owner:

Registration and submission of an insurance claim.
Deciding on the type of compensation for damage (repair or payment of funds).
Receiving insurance compensation.
Submitting claims related to the amount of compensation or quality of repairs.
Familiarization with the insurance act and other documents regarding the loss.

If the car owner purchases the policy himself, such division of functions becomes irrelevant. However, otherwise, these positions should be taken into account both when applying for compulsory motor liability insurance and when carrying out any actions within the framework of current insurance. What are the most common situations that lead to misunderstandings in this area?

How problems appear

In some cases, you may encounter unprofessional actions by insurance company employees associated with negligence or inattention. In others, we are talking about situations caused by objective circumstances. One way or another, knowledge of such nuances of a motor vehicle will help avoid many potential difficulties.

I twist and turn, I want to simplify the work

Extending compulsory motor liability insurance takes significantly less time than obtaining “initial” insurance. As a rule, all the information in this case is contained in the organization’s electronic database, which allows you to prepare a policy for the next year in just a couple of minutes. The whole process happens, as they say, “automatically”. But this is where the catch sometimes lies.

Often the person listed as the policyholder is not the one who buys the insurance. Why is this happening? Sometimes an insurance company specialist avoids unnecessary work in this way. It is much easier to print a finished document than to make any changes to it. As a result, the insured may appear in the contract, for example, as a driver who, by coincidence, once upon a time bought a car license. The insurer's representative often does not even check whether the person in front of him is the right one. And, say, the owner who actually purchases compulsory motor insurance may not attach importance to such a discrepancy.

In addition, there are frequent cases of illegal granting of the powers of the insured to car owners. This also happens in order to simplify the “procedure”. The seller enters less data into the program if it is the owner of the car who issues the policy. As a rule, it is enough to check the required “tick” in the electronic document so that all information about the owner is copied into the appropriate fields for the policyholder (or vice versa). Given this feature of the program, some employees do not pay attention to who actually buys MTPL. As a result, according to the documents, the owner of the vehicle turns out to be the policyholder, although another person purchased the insurance. This happens, for example, if:

the owner of the car is at sea or on a long business trip, and in connection with this he has temporarily handed over his car to someone for use;
a person disposes of a car on the basis of a general power of attorney;
the car owner does not have the right to drive a vehicle (including temporarily) and has entrusted the car to another person.

As a result of the described circumstances, motorists can easily get into trouble. The person who actually issued the “motor citizen” and paid the premium, after that, has no legal basis to dispose of his policy. To avoid such consequences, when concluding a contract, you must make sure that the policyholder is indicated correctly. And if this is not the case, insist on making appropriate changes. In this situation, it is hardly worth agreeing to “as is”.

Sometimes the client is wrong

Finally, it is worth touching on unfair claims against insurers. In practice, there are often attempts to induce insurance company specialists to engage in outright illegal actions. Thus, his relatives or friends may apply to represent the interests of the policyholder. Moreover, their attempts to “fit into the insurance” or make other changes to the policy are usually not justified by anything other than the existence of the policy itself. But, alas, this is not enough.

Only its owner can use a bank card to pay in a store. This is considered an axiom today and does not surprise anyone (although it is not always controlled by cashiers and sellers). In MTPL the situation is largely identical. The husband or wife of the policyholder, his brothers, sisters or his close friends without a proper power of attorney have no right to dispose of the insurance in any way. Yes, sometimes an insurance employee can meet halfway and serve the client informally. This usually happens with good personal contact. But if this does not happen, there is no need to blame the specialists for anything. In this case, they are only doing their job correctly.

Who can be a car insurer under compulsory motor liability insurance?

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The rules for using a car allow it to be driven not only by the owner - the legal owner in accordance with the documents, but also by other persons. As a rule, they are determined by a power of attorney, a leasing agreement, and other documents. Who can be the insured of a car under compulsory motor liability insurance when the vehicle is used by another person also depends on some features that are prescribed in the law “On compulsory motor liability insurance”. What needs to be taken into account will be discussed below.

Types of car insurance

Among insurance products relating to a car and its owner, or the person legally driving it, insurance companies today offer the following options:

OSAGO. This type of contract is mandatory for all persons driving vehicles. It only provides financial protection if it is necessary to pay compensation for damage to the injured party, that is, if the policyholder is the culprit of the traffic accident. In this case, the amount cannot be greater than that established by law (maximum 400 thousand rubles for property and 100 thousand more in case of harm to health or death of a person).
DSAGO. In this abbreviation, in comparison with the previous one, the first letter is replaced by “D”, which no longer means compulsory, but voluntary insurance. When it is designed, more extensive possibilities appear. Thus, one of the advantages is increased insurance coverage, reaching millions. This option is relevant when driving in traffic with particularly expensive cars. DSAGO does not replace MTPL; it is issued jointly. Cost 1,000 – 4,000 rubles.
CASCO. A service that protects your car. It is carried out regardless of the determination of the degree of fault of the policyholder, unless otherwise provided by the contract. The policyholder can determine the risks that should be added to the contract. Despite the cost of such a policy, which is more expensive than compulsory motor liability insurance, CASCO allows you not only to reduce your costs if you need to restore your car, but also to receive convenient services. These include the departure of an emergency commissioner, free evacuation to a parking lot, payment regardless of the circumstances, the specifics of the accident, and others established by insurers at their discretion.

How to apply

To draw up a standard motor vehicle insurance contract, the service applicant must contact the insurer in person or online. In this case, you should have an identity card (passport), car documents, and driver's license. When the question concerns the presence of the actual owner of the car, that is, the owner, then when registering compulsory motor liability insurance it is not required. It is mandatory to enter it in the fields indicating persons who have the right to manage. It is also covered by the monetary coverage allocated by the insurer.

If a person drives a car in accordance with a power of attorney, then he may not register the owner. Any person can buy a policy without an owner if a power of attorney has been issued for him, including a handwritten one, not notarized. Acceptable options are one-time, special, general.

Are the car owner and the policyholder the same person?

According to the amended rules for compulsory motor liability insurance, there are adjustments regarding those persons who draw up contracts. A distinction is made between the concepts of “insured” and “owner”. The forms provide a separate space for them to fill out. This approach made it possible to complete paperwork without confusion. Thus, when determining the owner, if another person applies legally, his data is entered into the appropriate fields, which also applies to drivers who are identified by the applicant as those who have the right to drive a vehicle.

Who can be the policyholder

In accordance with the law “On Compulsory Motor Liability Insurance”, the following have the right to insure a car:

owner
confidant
driver who drives a car based on a power of attorney
relative, acquaintance

That is, in real life, almost anyone can insure a car and buy an insurance product relating to it. In this regard, the forms have different columns that determine the person’s relationship with the car, which in the future also indicates the driver who is covered by the protection.

What rights do they have?

From the above it follows that not only the car owner can buy a policy. This is also easy to do without notarizing the authority of your rights. One person can buy insurance, a second can be the owner, and a third can drive the car. This applies not only to individuals, but also to legal entities if employees work on the company’s transport. Only in the latter case is a management contract drawn up during the implementation of work processes.

Obligations of the policyholder in accordance with the MTPL agreement:

provide reliable information, including documents and photocopies of them, which affects the correct calculation of the cost of the contract and payment upon the occurrence of an insured event. If the information is falsified or unreliable, the insurance company may refuse to pay
notify the insurer in a timely manner about changes if they took place during the insurance period - 1 year. This applies to changing surnames, changing state license plates, deregistration, etc.
pay the cost of insurance, provide a receipt confirming this. If payment is made by electronic transfer, then you need to save a copy of the receipt and, if possible, print it
keep the policy, and when requested, present it to the authorized bodies - provide
contact the Investigative Committee in case of loss of the form to issue a duplicate
terminate the contract if necessary

Who is the owner

The contract form itself, which is signed during registration of compulsory motor liability insurance, has a structure in which there is a division of columns into the owner and the insured. This fact makes us think about who should be included in them and whether it is necessary. The owner is determined by the MTPL Rules in accordance with the Decree of the Government of the Russian Federation.

The concept of “owner” under the specified document refers to persons who own property on the basis of title documents. Based on them, they can transfer ownership of property on the basis of a power of attorney, sell it, which also applies to cars. That is, the owner controls the car on the basis of the powers delegated to him by the owner. The exception is cases of management in accordance with the performance of official duties on the basis of a concluded agreement (Part 1, Clause 4).

The owner does not have a license to the car. He can only use it in accordance with the term and powers specified in the power of attorney. He must return it in the same condition as he took it. To drive someone else's car, the driver must have the following basic documents with him:

OSAGO. If it has a restriction on persons allowed to drive, then the one who is driving must be included in the contract
Driver's license
STS – vehicle registration certificate
Power of attorney. It may not be checked, but the presence of such paper confirms the grounds for driving someone else’s car.

Registration without the presence of the vehicle owner

Depending on who the insurance applicant is in relation to the owner of the car, the list of documents required to be provided to the insurer may change. A power of attorney is added to the main list, which can be drawn up in any form, but with a clear definition of the subject of the trust, his data and the powers that he can count on.

List of documents

The list of documents that you should have to issue an insurance policy consists of the following types:

Application (filled out online when purchasing remotely or at the insurer’s office)
Driver's license, including those persons who are allowed to drive. Exception – unlimited number of drivers
Driver's ID card, photocopy of the vehicle owner's passport
Documents for the car: PTS, STS
Previous policy (not required to be provided)
Power of attorney to conclude a contract
Diagnostic card provided that the car is used for its intended purpose for more than 3 years

Before visiting the IC office, you can call and find out whether it is possible to provide photocopies of the listed documents.

Cost of insurance purchased by someone other than the owner of the car

When calculating the amount of insurance, the insurance specialist relies on the following information:

driving experience
driver age
KBM value
using a car as a taxi
number of persons allowed to manage (with an unlimited option the amount will increase)

Important! It should be borne in mind that if it is not the owner who takes out the insurance, then he may not be included. Possession of the policy confirms the right to use the car by the car owner.

The price of the service is not affected by who the policy is issued to, which is fully consistent with the insurance law. Additional costs may be incurred if you wish to issue a power of attorney with a notary.

Who will receive the insurance payment?

Owning a compulsory motor liability insurance policy in relation to the car the driver is driving provides the confidence of receiving a certain amount of money or restoring the car in the event of an insured event. Drivers ask themselves the question of who the money will be transferred to, fearing payment to the owner, and not to them. By law, compensation is due to the owner. In this case, the transfer occurs if an application is written and according to the details specified in it. To ensure that your fears do not come true, you need to take care of the payment in advance. To do this, you need a notarized power of attorney, which will state the authority to receive payment in the event of an accident. In this case, the trustee can be not only the policyholder, but also another person indicated by the trustee.

Thus, the presence of insurance protects the financial interests, first of all, of the car owner. When transferring it to management, he must be aware of responsibility for his actions, since the victim can turn to him for compensation. The policyholder, when driving someone else’s car, must also stipulate in advance, or better yet, prescribe requirements that protect his interests, so that the policy works in accordance with the protection of his financial interests, and compensation is paid to those injured in the accident.

How to insure a car without an owner?

Practice shows that often the owner of a car is not always its real owner. This usually happens when a car is registered in the name of one citizen upon purchase, and one of the relatives (son, daughter, wife, father, brother, etc.) drives it. Regardless of who has to operate the vehicle, it is mandatory to issue an MTPL insurance contract for it. In this regard, many drivers have a legitimate question: is it possible to get insurance for a car without its owner?

Is it possible to insure a car without the presence of the owner?

Each vehicle must be used only with an insurance contract. This requirement is contained in Article 4 of the Law “On Compulsory Motor Liability Insurance”. The driver is required to have a compulsory motor liability insurance policy in which his data is entered.

The owner, or any other person who presents documents for the car and a power of attorney issued by the owner of the vehicle, can insure a car without an owner. There is no requirement to have it notarized.

Do not confuse the power of attorney for issuing an insurance policy and the right to drive a vehicle. These are two different documents.

In accordance with the Law on Compulsory Motor Liability Insurance, Article 1, Paragraph 3; para. 8, and the MTPL Rules (Chapter 1, Clause 1), a person who does not have ownership rights to a car can take out a policy for it.

As for CASCO: only the owner of the car or a person who has a power of attorney to drive this vehicle can purchase it.

The Insurance Rules (Chapter 1, Clause 5) say that the insurer does not have the right to refuse to conclude a compulsory motor liability insurance contract for the owner of the vehicle or another person who has a power of attorney. It is enough to come with her to the office of the insurance company, submit the appropriate application and all the necessary documents.

The policyholder is the one who buys the policy. The same person can, if necessary, make changes and additions to it:

The legislation provides that the owner of the vehicle can be one person, the policyholder - another, and the driver of the car - a third. The owner and the policyholder can be different people; therefore, two separate lines are allocated for them in the form.

Normative base

The main legislative act defining the nuances of acquiring compulsory motor liability insurance is the Federal Law “On Insurance”, dated April 25, 2002 No. 40-FZ. Its first article defines the term insured directly - it is a citizen who has entered into a compulsory motor liability insurance agreement with an insurance company.

The categories of persons related to the civil liability contract under this legislative act (Article 1) are defined as:

The owner of the vehicle is also the person who uses the car for business activities, operational management, or on another legal basis (the car is rented, used by power of attorney, order, etc.).

This law (clause 2 of article 4) also contains a requirement to obtain a policy no later than 10 days after the legal rights to the vehicle were acquired.

Another document regulating the acquisition of a policy without an owner is the MTPL Insurance Rules, approved by Government Resolution No. 431.

The absence of a car driver's insurance policy is an administrative offense, as stated in Part 2 of Article 12.3 of the Code of Administrative Offenses. In this case, a fine of 500 rubles is imposed on the person driving the vehicle. In addition, the traffic police inspector issues a warning. An administrative penalty will also be applied to the owner of the car in the same amount if the insurance contract does not indicate the person driving this vehicle (Part 1 of Article 12.37 of the Administrative Code).

In 2015, amendments to Federal Law No. 40 were adopted by bill No. 191229-6, which came into force on July 1, 2015. In clause 1.1, an addition appeared that allows the purchase of compulsory motor liability insurance via the Internet.

Options for car insurance without the presence of the owner

There are several options for car insurance for those who do not own it, depending on the situation.

If a vehicle is sold under a general power of attorney, the previous owner retains the rights to this vehicle, so it can be included in the insurance. The owner of the vehicle is indicated in the form; the applicant, who is the policyholder paying the cost of the contract, is entered in a separate line. In the future, the person who purchased the policy (the policyholder), and not the owner of the car, has the right to change the terms of the contract (if there is a power of attorney from the latter).

In the case of buying or selling an old car, the new owner must independently enter into a compulsory motor liability insurance agreement, enter his data into it and cannot use the existing policy for the sold car. To sign up for an insurance contract for such a car, you must have a valid diagnostic card.

Resolution No. 1156 of 12.11. In 2012, the requirement to issue a power of attorney to drive a vehicle was abolished. But most insurers continue to require drivers who are not car owners to present this document when applying for an MTPL policy. Therefore, it is better to draw up a trust document, especially since you can only receive compensation for damage from insurance with a power of attorney from the owner of the car.

Registration of compulsory motor liability insurance without the presence of the owner

To make insurance without involving the owner of the car, you need to issue a power of attorney to perform these actions. This document does not even need to be notarized. The citizen for whom the insurance is made has the right to resolve all issues related to insurance.

A power of attorney can be one-time, special, or general. During its registration, it is advisable for the car owner to also provide options for insurance cases indicating the person (or persons) entitled to receive insurance compensation. In this case, this document is certified by a notary.

Next, to insure a car without an owner you need:

Required documents

If changes need to be made to the insurance policy, this can only be done by the policyholder during a personal visit to the insurance company.

To register compulsory motor liability insurance without the owner of the car, you must collect the following documents:

valid policy;
power of attorney from the owner of the car (you need to check with the insurance company about the need to formalize it);
copies of passports of everyone who will be included in the insurance, as well as the owner of the vehicle (not necessary if an unlimited contract is purchased);
a valid diagnostic card for the car (often they offer to do it at the IC office). It should be taken into account that when purchasing a new car, the process of obtaining an MTPL insurance policy is possible without purchasing a diagnostic card;
for a car - PTS, state registration certificate.

When applying for a new policy without the presence of the owner, you will need to provide identification of the drivers who will drive the vehicle.

If a legal entity issues MTPL, the insurance policy is valid for all employees of the company who must use this car in accordance with their work duties. Any employee of the company has the right to draw up an insurance contract. It does not matter who owns the car. You only need to provide the IC officer with a power of attorney from the owner of the car or an order issued by him.

Registration of compulsory motor liability insurance without the presence of the owner online

Most insurance companies offer to issue an electronic MTPL policy. It also has the right to be issued by a person who is not the owner of the vehicle. The driver acting as the policyholder must enter his passport details to obtain insurance and information from the owner’s identity card.

It is advisable to insure a vehicle on the website of the company that issued the previous policy, since its database contains all the data necessary to complete this procedure - on the car, owner, policyholders, persons included in the insurance, etc. This will allow you to issue it without any problems. If the policy needs to be renewed, this option will take a minimum of time.

To obtain insurance for a car without an owner online, you will need to go through the following steps:

Go to the website of your insurance company, select the “Electronic OSAGO” option.
Click on the “Buy electronic MTPL” option. If the user is new, you will need to register or log in. When logging into the websites of some insurance companies, you need to use the login and password provided by the government services portal.
To register, you will have to fill out personal information (passport, phone, e-mail).
Enter the confirmation code on the registration page, which will be sent via SMS or email.
Fill out an online application indicating the details of the owner, all drivers, and cars.

The entered information will be checked through the RSA database within 1-2 minutes. Based on its results, the final price of MTPL will be determined; this amount must be paid directly on the website using a bank card. After depositing the money, an E-OSAGO with an electronic signature and accompanying documents (Notification of an accident) will be sent by e-mail; it will also be saved on the Insurance Company website in your personal account. You need to print it out and have it with you while driving the vehicle.

Required documents

When applying for an MTPL policy online for a car without an owner, the policyholder must indicate in the application form only the numbers or data from the documents, scan them, and submit the information in text form. You need to prepare:

car passport or registration certificate;
identification;
passport details of the owner of the car (if insurance is taken out by someone other than the owner);
license plate numbers of all drivers included in the policy (if it is issued with a restriction of persons allowed to drive a vehicle), or only the owner of the car (for unlimited electronic compulsory motor insurance);
if more than three years have passed since the release date of the vehicle, you need to provide its diagnostic card, which in some insurance companies can be done online when applying for an E-policy.

Scanned documents are attached to the application and together with it are sent to the insurer for consideration.

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.

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.

Is it possible to add more drivers to the policy?

The owner of the vehicle can enter into the MTPL agreement the data of all persons who are allowed to drive this vehicle. But we must not forget that the more drivers indicated in this document, the higher its cost. In this regard, it is advisable to indicate only those who use the car regularly. The driver who bought the policy and is the policyholder can add one more person.

When taking out a policy by another person who is not the owner of the vehicle, it is allowed not to indicate the owner of the car as the insured in the insurance, since the presence of a compulsory motor liability insurance agreement automatically gives him the right to use this vehicle.

Nuances of the procedure

To add another driver to an insurance policy without the owner of the car, a citizen who is an insured must contact the office of the insurance company that issued the compulsory motor liability insurance. Its database stores data on the vehicle, owner, and policyholders. You will need to bring with you:

valid insurance;
new driver's passport;
copies of the VU.

Some insurance companies also require you to submit an application in which you need to ask to add another driver to your insurance. After completing all the documents, the additional payment will be calculated. You can deposit money directly at the IC office. Next, the agent will issue a policy in which one more person will be indicated. After receiving compulsory motor liability insurance, he can use the car with the same rights as other persons included in the insurance.

It is much easier to add a new driver to the electronic policy form. This action is performed through a personal account created on the official website of the insurance company. You just need to insert its data, and the system will independently calculate the amount of the additional insurance amount, which can be paid directly on the insurance company website using a bank card. After this, the policyholder will receive a new MTPL policy electronically to his e-mail. The next step is to print out the form sent.

Today it is not necessary to have original insurance while driving a vehicle. It is enough to present the printed E-policy form to the traffic police inspector.

If a police officer does not take the printed contract into account, his actions can be considered illegal. If the owner has not presented the original electronic insurance contract, the traffic police inspector has no right to issue a fine. In this case, you can refer to the Federal Law “On Compulsory Motor Liability Insurance” (Clause 1, Article 32). It states that the driver must not carry the original insurance policy with him.