Can a non-owner insure a car?
Is it possible to insure a car without an owner?
Car owners are not always their real owners . Often a car is bought by one person, and one of the relatives, wife or children drives it.
Due to various circumstances, the legal owner may not drive at all and may even live far from the area where his car drives. This situation can continue for a long time without causing any problems.
Therefore, when filling out documents for compulsory car insurance, many people ask whether it is possible to insure a car if I am not the owner.
The OSAGO policy form can be filled out using data from both the owner of the vehicle and the person who insures it.
This means that not only its owner, but also a person who has all the necessary documents to obtain insurance will be able to obtain insurance for a vehicle.
The provisions of Federal Law No. 40 of April 25, 2002 “On OSAGO” establish the possibility of obtaining a policy by a third party, without ownership of the car.
It is not necessary to buy an insurance policy at the insurer’s office; you can do this on its official website. You just need to fill out the electronic form when submitting your application. It provides the opportunity to enter information into it not by the owner of the vehicle, but by another person.
But it is important to consider that a prerequisite for insurance in this case is that the policyholder has a power of attorney to perform such actions. This document does not need to be notarized. The signature of the owner of the car is sufficient.
The policyholder is the person who pays the insurance. In addition, it makes the required changes to the policy in the future:
- indicates new drivers;
- changes the terms of use;
- makes a request for a duplicate.
In accordance with the law, one person can be the owner of the vehicle, another can act as the policyholder, and a third can drive the car.
Thus, the policyholder is not required to be the owner of the car . The owner and the policyholder are different persons when taking out a policy. Therefore, the form provides two separate columns for them.
Documents for obtaining insurance by a non-owner of the car
The question of whether it is possible to insure a car without an owner is quite relevant. To obtain a policy, you must submit the following package of documents to the insurance organization:
- Driving licenses of persons to whom the policy will apply.
- The policyholder's identity card and a copy of the car owner's passport.
- Vehicle passport and registration certificate.
- MTPL policy whose validity period is expiring.
- Power of attorney for insurance.
Therefore, it is possible to apply for compulsory motor liability insurance without the owner of the car . To do this, you must present the insurer with the required package of documents.
Attach a power of attorney to obtain insurance signed by the owner of the car.
But, despite this, if an insured event occurs, only the owner of the vehicle has the right to receive payment.
If he does not have such an opportunity for some reason, then the policyholder receives the funds. Then he undertakes to submit a notarized power of attorney to the insurer.
Is it possible to obtain a car title without the presence of the owner of the vehicle?
Many drivers are interested in the question of whether it is possible to insure a car without the owner. After all, the owner and driver may live in different regions and not meet for a long time.
When applying for compulsory motor liability insurance, the policyholder needs to enter certain information into the document, including the full name of the owner and information about other persons who are allowed to drive the car.
Insurers use these indicators when calculating the cost of insurance. The price of the policy will increase depending on the number of drivers.
In accordance with the legislation of 2019, a compulsory motor liability insurance policy can be issued without the owner of the car. Therefore, you can do without unnecessary inconvenience and not bring the owner of the vehicle to the office of the insurance company.
The driver presents a power of attorney to drive the car, fills out a contract and pays the cost of insurance.
The insurer's refusal to issue compulsory motor liability insurance to a person who is not the owner of the car or the requirement that the owner be present is an illegal action.
If such a situation arises, the driver can confirm his position with the Federal Law on Compulsory Motor Liability Insurance of April 25, 2002 No. 40-FZ, it is he who protects his interests.
Insurance when selling or buying a used car
When concluding a purchase and sale agreement for a used car, the owner should understand the procedure for preparing the relevant documents, including the MTPL policy.
In such cases, special rules apply regarding the duration of insurance. The new owner cannot use the former owner's policy, even if the document has not expired at the time of purchase.
In this regard, when purchasing a used vehicle, the driver must issue a new MTPL policy; it will come into force from the moment of registration.
This requirement is due to the fact that when concluding a new car insurance contract, the car buyer will have to re-issue a diagnostic card and registration certificate.
These documents indicate the name of the owner, so the insurance must be transferred to the appropriate person. Otherwise, if an insured event occurs, the new owner will not be able to use the car insurance.
Who can renew insurance
If a motorist does not own a vehicle, he can drive it as long as he has a power of attorney to drive the vehicle.
At the same time, having a compulsory motor liability insurance policy is a mandatory condition.
But the insurance period is only for a year. After the end of this period, the question will definitely arise whether it is possible to extend the MTPL policy without the owner.
In accordance with the law, the personal presence of the owner is not required to renew the insurance policy if the previous policy was issued in the name of the driver.
Thus, a person who is not the owner of the car, but who previously entered into a civil liability agreement, has the right to renew it annually. This can be done for many years, an unlimited number of times.
OSAGO when selling a car
In a situation where the owner sells the car, but the insurance policy has not yet expired, then part of its value can be returned. This opportunity is provided by the Federal Law on Compulsory Insurance during the termination of the contract.
In accordance with the law, a refund of the cost of insurance is possible provided that:
- the owner sells his car;
- the vehicle was lost;
- The insurance company suspended its activities.
To get a refund for unused insurance, the driver should contact the insurer from whom the policy was purchased.
Initially, a return application is drawn up, you will need the following documents:
- insurance;
- contract of sale;
- identification;
- an open bank account for transferring money.
This procedure is quite simple; controversial issues may arise only regarding the amount of the refund.
Selecting an insurance organization
You should take out insurance from a reliable company . To do this, you need to study information about different insurers.
When purchasing a compulsory insurance policy, first of all you need to pay attention to the rate.
This indicator is established by law and should not differ in different companies. It is also recommended to inquire about the authorized capital of the organization and the presence of branches in other regions.
Thus, you can insure a car without its owner; his absence is not an obstacle to obtaining a policy. But if an insured event occurs, it is the owner of the vehicle who will receive the payment.
The compulsory insurance policy itself has two columns - for the owner and the policyholder . If this is the same person, the information in the columns is identical. If the policyholder is not the owner of the car, the information is displayed in the policy.
The presence of the owner of the car is not required to extend the validity of the vehicle license if the previous insurance policy was issued for the driver.
Who other than the owner can insure a car under OSAGO
Today, vehicle owners are not always their actual owners. Quite often, a vehicle is bought by one person, and another person uses it. When receiving compulsory motor liability insurance, you need to figure out whether it is possible to insure the car not for the owner. This is justified by the fact that there is an opinion among people that a motor vehicle license is given only to the owner of the vehicle. But this is a false statement.
The insured and the car owner are different entities in car insurance. Can a non-owner insure a car and take out a policy - yes, this is allowed.
Difference between car owner and policyholder
The policyholder is the person for whom compulsory motor liability insurance is issued and who directly made the payment.
The owner of the vehicle, when drawing up an insurance agreement not for the owner, is allowed not to include himself in the policy as a driver. Let us recall that the policyholder is a person who has entered into an agreement on compulsory motor liability insurance with a certain organization. This person is obliged to comply with all requirements specified in the terms of the contract.
The main responsibilities of the policyholder include:
- transfer of a set of documents and truthful information about the car to the insurance company for execution of the agreement;
- payment of the policy price;
- timely entry of changed data, if any.
The policyholder is responsible for maintaining the policy in satisfactory condition. He directly has the opportunity to request a duplicate of the policy from the insurance company in case of its loss or deformation. He can also terminate the contract with the insurance company if there is such a need.
According to the law, the owner of a car is a citizen who owns it on the basis of the law of the Russian Federation. In reality, this is the person to whom the vehicle is registered and registered with the traffic police.
It is necessary to understand that if the owner of the car does not intend to receive payments and carry out repairs, but transfers his own powers to another person, then such transfer of rights must be performed correctly.
Insurance not for the owner of the vehicle
The law of the Russian Federation allows the car owner to transfer control of the car to another person. But then it is important to figure out whether it is not the owner of the car who can insure the car under MTPL and who can be included in the policy as an insured. This is a person who has entered into an MTPL agreement with a certain company. He pays for the policy, has the right to change the insurance period, can add new persons to the policy, etc. So, let’s consider whether a person other than the owner of the car can be the policyholder.
According to the laws of the Russian Federation, the parties to the car insurance contract are:
- directly the owner;
- his principal;
- a driver operating a vehicle by proxy;
- relative or friend.
Therefore, it is not the car owner who can act. At the same time, a citizen does not need a power of attorney for transport certified by a notary. The policyholder is obliged to fulfill the terms of the contract, namely to provide reliable data, valid documents or copies thereof.
One citizen has the right to become an insured, another can become a car owner, and a third person can drive a vehicle.
Is it possible to insure yourself if the owner of the car is another person?
- There are 2 solutions to the problem: to issue compulsory motor liability insurance under a power of attorney from the owner or to act as an insured - to purchase a policy for yourself.
- In the second case, only the policyholder will be able to make changes to the insurance and terminate the contract.
The car is insured under OSAGO for the owner. At the same time, the driver’s liability when using the car is subject to insurance - if damage is caused to third parties, this driver will pay not from his own pocket, but at the expense of the insurance company. At the same time, it is not the owner of the car or even the driver who can take out the policy. Confused? It's actually quite simple!
Can a non-owner insure a car?
Yes. And here we can talk about two situations:
- instead of the owner of the car and in his name, another person purchases the policy (MTPL insurance is issued specifically to the owner),
- The MTPL policy is purchased by this other person and taken out in his name.
Let's consider these 2 situations in more detail!
Is it possible to purchase a policy for a non-owner of a car, issued in the name of the owner?
Can. But for this, you, if you are another person, will need a power of attorney, and without its notarization, the sale of insurance may be legally refused to you, since no one has the right to certify the issued power of attorney.
But in practice, insurance companies most often meet such clients halfway, because otherwise you will go to another company where they will not refuse you.
You will need the following documents:
- a power of attorney for the right to conclude an insurance contract under compulsory motor liability insurance from the owner is required, it is highly desirable that it be notarized,
- Owner's passport is highly desirable,
- your passport is required,
- a vehicle registration certificate is required,
- if compulsory motor liability insurance is issued for a limited number of persons, then the driver’s licenses of all those who will be included are required,
- if compulsory motor liability insurance is without restrictions, then the driver’s license of the owner of the car can replace his passport (but not officially),
- A valid diagnostic card is required.
But there is an even simpler way.
Purchasing compulsory motor liability insurance by someone other than the owner of the car and taking out the policy for yourself
The 2019 legislation allows you to insure a car to another person who is not the owner of the car. We are talking about Federal Law 40-FZ On Compulsory Motor Liability Insurance, which distinguishes 2 concepts:
- the owner of the car is the one who actually owns the vehicle (who is entered as the owner in the STS),
- The policyholder is the person who enters into the insurance contract, and it does not have to be the same as the owner.
Here's what Article 1 of Federal Law 40 says:
The owner of a vehicle is the owner of a vehicle, as well as a person who owns a vehicle with the right of economic management or the right of operational management or on another legal basis (lease right, power of attorney for the right to drive a vehicle, order of the relevant authority to transfer the vehicle to this person, etc. similar).
Policyholder is a person who has entered into a compulsory insurance agreement with the insurer.
By law, any person can be an insured, but compulsory motor liability insurance will be issued to the owner. That is, the real owner of the car will appear in the policy as the owner in any case.
Thus, the opportunity to be an insured gives the right to apply for compulsory motor liability insurance for a specific car to any person with documents for the car.
As for documents, in this case the policyholder will not need any powers of attorney. You will need a standard package of documents:
- Passport or owner's license required,
- your passport (of the policyholder) is required,
- a vehicle registration certificate is required,
- if compulsory motor liability insurance is issued for a limited number of persons, then the driver’s licenses of all those who will be included are required,
- if compulsory motor liability insurance is without restrictions, then the driver’s license of the owner of the car can replace his passport (but not officially),
- A valid diagnostic card is required.
If you issue an electronic MTPL policy, you will only need data from all the listed documents.
What risks might there be if the policyholder is not the owner of the car?
Actually, none. Or almost none. Let's look at the various subtleties of what can happen in the future, as well as the parameters of the policy itself in relation to our question.
If the insured differs from the owner in the compulsory motor liability insurance policy, then this does not affect the bonus-malus coefficient (BMC) in any way - you can rest assured about this. KBM depends on the drivers included in the policy. If the insurance is without restrictions, then only the owner’s CBM is applied and considered. Therefore, the other person who entered into the contract does not affect this coefficient.
Applying for payment
If the car is involved in an accident and the driver is recognized as a victim, then insurance compensation is required to restore the car. You should contact either your insurance company if all conditions for direct compensation of losses are met (all participants in the accident have compulsory motor liability insurance, there are no more than 2 participants and no harm was caused to health or life), or the insurance company of the culprit when the above conditions are not met.
But who will apply: the policyholder or the owner?! And it seems logical to assume that the one who entered into the contract is entitled to compensation. But no, this is completely illogical, because the loss is not with the policyholder!
When an insured event occurs and you apply to your insurance company for direct compensation of losses, the beneficiary receives money in the form of compensation for the damage caused or a referral for repairs. And who is that? It is logical that the one who suffered losses as a result of an accident - who bought the car - is the owner of the vehicle. This is stated in Article 12 of Federal Law-40.
Consequently, here too, if compulsory motor liability insurance is not made for the owner of the car, then the owner receives compensation in the event of an insured event in any case.
Change and termination of the MTPL agreement
But here a surprise may await the owner of the car. Only the policyholder can make changes to the current insurance contract. Such changes include, for example:
- termination of compulsory motor liability insurance when selling a car,
- change of car ownership (also when selling a car),
- adding or removing drivers from the list of approved persons,
- changes in car data (license number),
- correction of data entered incorrectly when applying for insurance.
And this is a big plus if, for example, the owner of the car is an incapacitated or elderly person who cannot afford to pay for insurance for the purposes listed above, and other people can do this for him.
Only in this case, the difference between the owner and the policyholder in the MTPL policy can have a negative impact - all changes to the contract and its termination are made only by the policyholder.
Is it possible to issue compulsory motor liability insurance not for the owner?
Some citizens buy a car but do not have a driver's license. In such cases, most often transport is purchased for relatives (wife, son), friends or acquaintances so that they can ride it. The question arises: can a person who is not the owner of the car apply for compulsory motor liability insurance? Let's take a closer look at the situation.
Who should be insured for?
Many people still think that a car liability policy can only be issued to the owner of the car, but this is a mistaken opinion.
The policy form has two different sections, which indicate the name of the legal entity or full name of the citizen:
These individuals can be completely different people.
Means:
Dear visitor!
If you have any questions, you can ask a lawyer for free by phone.
Our lawyer will advise you FREE OF CHARGE.
- Not only the owner, but any other person allowed to drive the vehicle can take out insurance;
- the presence of the owner himself is not required, but his data must be reflected in the policy.
The insured becomes the person who has entered into an agreement on compulsory motor liability insurance and paid for the insurance. His information as a driver is indicated in the document, thus, he is covered by the policy.
If the MTPL policy is not issued to the owner, then the owner does not need to be included in the form as a driver.
How to make changes to the policy
All changes to the document are made by the policyholder, not the owner. For example, if it is necessary to add other drivers to the car insurance list, then it is he, and not the legal owner of the car, who should contact the insurance company office.
The policyholder must have a power of attorney from the owner of the car, both during the initial registration of compulsory motor liability insurance and when adding information.
What documents are needed
Before visiting the insurance company, you need to prepare a certain list of documentation:
- a driver's license for all drivers who plan to drive a car;
- civil passports of the car owner and policyholder;
- transport documents (registration certificate, PTS);
- MTPL policy issued previously;
- power of attorney from the owner of the vehicle.
The power of attorney does not have to be certified by a notary office. The document can be drawn up in any form, but in compliance with all legal requirements.
Features of receiving insurance payment
After submitting all documents, company employees will conduct a check; if the information provided is reliable, then a car insurance agreement will be concluded with the driver. The amount of insurance will be calculated according to established rules, and the policy applies to all types of compensation.
There are several nuances that should be taken into account:
- after the death of the policyholder or owner, the compulsory motor liability insurance policy ceases. After the death of the car owner, the heirs will assume legal rights only after six months. After the expiration of the specified period, with the consent of the heirs, you can take out new insurance. If the driver who insured the car dies, the owner of the car needs to find another person with a driver’s license to issue a new policy;
- In the event of an accident, compensation payments will be received by the owner of the car, and not by the person who took out the insurance.
If the vehicle owner does not want the insurance to be credited to his current account, then he must write a power of attorney for the policyholder.
To receive insurance payments, the power of attorney must be certified by a notary office.
If all actions are performed in the presence of the owner, then no powers of attorney will be required.
In addition, for the convenience of citizens, a car insurance service is offered without leaving home. This can be done via the Internet. It is enough to find a suitable insurance company that has received a special permit to operate.
An important question: is it possible to issue compulsory motor liability insurance not for the owner of the car? How it's done?
There are different situations when an insurance policy is not issued to the owner of the car. The owner of the machine can be one person, and the direct user can be another. At the same time, the owner of the car may not even have a license to drive the car.
In this case, a reasonable question arises: is it possible to obtain insurance not for the owner? How to do it? What might be the costs and deadlines? And what documents need to be collected? Let's consider this issue in more detail.
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To whom is it registered: the owner or the driver?
often happens that the owner and driver of a car are different persons . It is also possible that the owner of the car does not even have a license to drive the vehicle. Who should take out insurance for then?
The MTPL policy does not have to be issued to the owner of the car. The document itself has 2 fields to fill out: the owner of the vehicle and the policyholder. This indicates the possibility of drawing up an agreement with an insurance company by a person who is not the owner of the car.
The main nuance that must be taken into account when taking out a policy not for the owner of the car is that the policyholder must have a driver’s license and be included in the insurance . At the same time, it is not necessary to include the owner himself in the insurance as a driver.
Who can perform the procedure other than the owner?
In addition to the car owner, any person can take out a compulsory insurance policy. This could be a relative, friend, acquaintance. The main thing is that the policyholder has a license to drive a vehicle.
Is it possible for a proxy?
Not only the owner, but also any citizen who has a driver’s license can take out an insurance policy . However, if insurance is taken out without the presence of the car owner, a power of attorney in the name of the policyholder will be required.
If changes need to be made to the insurance policy, for example, to include drivers who have the right to drive a given car, or vice versa, to introduce restrictions on driving, the owner will not be able to do this without the person for whom the policy is issued.
Another point that you should pay attention to: if an accident occurs, it is the owner of the car who will receive money from the insurance company, and not the person for whom the insurance is issued. If the car owner does not want payments from the insurance company to be made in his name, he must write a power of attorney. This document gives the right to :
- Vehicle management.
- Selling a car.
- Actions for deregistration and registration.
- Receiving payments from the insurance company in case of an accident.
If a power of attorney does not have to be certified by a notary to draw up a policy, then in order to transfer the authority to manage payments from the insurance company, a notarized document is required.
Required Documentation
In order to obtain insurance not for the owner of the car, you must prepare the following package of documents in advance :
- The policyholder's identity card and a copy of the car owner's passport.
- Old insurance policy.
- The driving license of those persons who will be included in the insurance.
- Documents for the car.
- Application for vehicle insurance.
If the MTPL policy is issued in the absence of the car owner, then you will need to provide a power of attorney from the owner of the car (even a handwritten version will do).
Detailed step-by-step instructions on how the procedure works if you are not the owner of the car
In order to insure a car without being its owner, you need to adhere to the following algorithm of actions :
- It is necessary to decide which company the contract will be concluded with.
- If insurance will be taken out without the owner of the car, then the first thing to do is ask to write a power of attorney in the name of the policyholder.
- Next, ask the owner for copies of documents for the car and his passport.
- Prepare your ID and the licenses of all drivers who will be included in the policy.
- Submit documents to the insurance company and make payment.
If the agreement will be concluded in the presence of the owner, then a power of attorney does not need to be provided.
You can take out a compulsory insurance policy without leaving your home . To do this, you will need to register on the insurance website and fill out all the required fields. This document can also be issued not to the owner of the car.
How is it processed if the owner passes away?
After the death of the car owner, the vehicle remains without an owner. The new owners will enter into legal inheritance rights only after six months, and it will be possible to take out insurance only with their permission.
If the owner of the car or the policyholder passes away, the car insurance contract is canceled and considered invalid.
According to the law, in the event of the death of the owner, it is necessary to report this to the traffic police , however, if this is not done, then at your own peril and risk you can drive a car under the old insurance. But you need to take into account that this option is not entirely legal, and if the death of the owner is revealed, a fine will be imposed on the driver, and the car may be taken to an impound lot. At the same time, it will be possible to take it away only after taking ownership, because parking lot employees do not have the right to hand over a car that actually does not have an owner.
That is, the only legal way to issue an insurance policy after the death of the owner is to wait until the heirs take over their rights and draw up an insurance contract only with their consent. Providing false information and concealing the fact of the owner’s death will be considered a violation of the law.
Deadlines and costs
- Service life of the vehicle.
- Number of persons admitted to management.
- Duration of the contract.
- Driving experience of the policyholder and other drivers who have the right to drive this vehicle.
In conclusion, it must be said that it is quite simple to issue a compulsory insurance policy not for the owner . The only additional documents you may need are a power of attorney, which the owner can write by hand. You can also issue it without it if the owner comes to draw up the documents together with the policyholder.
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