Is it possible to issue an MTPL policy without the owner?
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.
Is it possible to issue and extend an MTPL insurance policy without the owner of the car?
The owner of the car is not always the driver. In practice, situations often arise when the owner does not use his property, but entrusts the right to use and drive the vehicle to his relatives and friends. In this regard, confusion arises in the concepts of the owner of the car and the policyholder.
Who can be the policyholder? The policyholder and the owner are not always the same person
The policyholder is the person who purchases the insurance product and pays the premium under the contract. The owner is the person who is indicated in the documents for the car and has the right to give it away, sell it and carry out other manipulations.
In accordance with Art. 4 of the Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance of civil liability of vehicle owners” (hereinafter referred to as Law No. 40-FZ), car owners are required to insure the risk of their civil liability. Despite the fact that persons authorized to drive a vehicle only use the car for certain purposes and cannot fully dispose of it, they, along with the owners, are included in the list of persons who are required to be policyholders.
An insurance contract can be concluded either with the owner of the car or with the person to whom the owner gives such a right. The contract form contains different columns for the person who enters into the transaction and for the owner of the car. Thus, the document can be drawn up without the presence of the owner.
Dear readers! In our articles we consider typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , please contact us through the online consultant form on the right or call us at:
+7 (499) 110-33-98 Moscow, Moscow region
+7 (812) 407-22-74 St. Petersburg, Leningrad region
+7 (800) 600-36-17 Other regions
Online consultant >>
It's fast and for free !
The person who enters into the contract must be included in the “Insured” column. He pays the fee for the auto liability policy and owns the insurance.
Further changes to the insurance policy must be made by the policyholder. He makes the following adjustments:
- reports information about new drivers;
- changes the terms of use;
- requests a duplicate document.
If the contract was concluded with an insurance company and a person who is not the owner of the car, then the owner of the car will not have the right to make subsequent changes or terminate the contract.
In the event of an accident, the mechanism for restoring the vehicle will be based on the actions of the property owner.
Registration of compulsory motor liability insurance without the presence of the owner
According to the current Law No. 40-FZ, the absence of the car owner from the insurance company at the conclusion of the contract cannot be an obstacle to the issuance of insurance. Company employees do not have the right to refuse to issue a policy and require the mandatory presence of the car owner during the transaction.
Registration procedure
The policyholder should decide on the choice of insurance company, then submit an application for paperwork. This can be done either by visiting the insurer’s office in person or through the company’s website electronically or by telephone. The insurer can itself deliver the policy and receipt for payment to the address specified by the applicant.
The policyholder upon registration:
- fills out an application;
- provides a package of documents;
- checks data, signs documents;
- pays for the policy.
The application form can be filled out by hand or printed out from a document typed on a computer.
Required documents
To obtain insurance by a third party, the following documents will be required:
- Statement . It is not necessary to prepare in advance; you can fill it out in the office.
- Applicant's passport.
- Copy of owner's passport.
- Vehicle registration document (if the car is new and has not been registered with the State Traffic Safety Inspectorate, then the vehicle title must be presented).
- Driver's licenses for all drivers who will be allowed to drive.
- Diagnostic technical inspection card (not required for new vehicles less than three years old).
- Previous policy (if available).
Who can renew insurance
According to the insurance rules, the insurance policy comes into force from the moment the contract is concluded, and its validity period lasts for 12 months. The contract specifies the start and end periods of the document. Upon expiration of the term, the policyholder must renew the car insurance.
If the policy was initially issued to a third party, then according to Law No. 40-FZ, the participation of the car owner is not required to extend the insurance period. The non-owner policyholder may renew the document annually. You can do this an unlimited number of times.
The extension is carried out according to the rules of initial registration and is carried out in any of the company’s offices or online. Extension is possible no earlier than 2 months before the expiration of the previous contract.
Or ask a question to a lawyer on the website. It's fast and free!
Is it possible to insure a car without an owner?
The situation in which one person buys a car and another uses it is very common. In order to eliminate delays in re-registration of property rights, civil law gives the owner of the car the right to entrust the driving of the vehicle to another driver. In this case, the question arises about issuing an MTPL policy for drivers who are not vehicle owners. Is it possible to get car insurance yourself or do you have to bother the car owner every time? What documents will be needed for this? We will answer these and other questions in detail in this article.
The owner and driver of the car are different people
When issuing an MTPL insurance policy, the insurance company separates the concepts of “insured” and “owner” of the vehicle. Any driver in whose name a power of attorney has been issued by the owner of the car can purchase an MTPL policy for someone else’s car. Federal Law No. 40 “On compulsory insurance of civil liability of vehicle owners” in article four states that:
“Owners of vehicles are obliged, under the conditions and in the manner established by this Federal Law and in accordance with it, to insure the risk of their civil liability, which may occur as a result of causing harm to the life, health or property of others when using vehicles.”
Due to ignorance, many equate the term “owner” with the term “owner”. Civil legislation includes the right of ownership in the right of ownership, but does not equalize them. Thus, the owner of the car owns the latter, but the owner does not have ownership rights. The owner of a car is each driver who has the right to drive a certain car (ownership, ownership by proxy, etc.).
In the compulsory civil liability insurance policy itself there are two separate columns for the owner and the insured. When the owner of the car and the liability insurer are the same person, the information in the columns is identical. If the policyholder is not the owner of the car, the relevant information is displayed in the policy.
When insuring compulsory motor liability insurance by someone other than the owner of the car, you need to remember that the owner of the car is automatically covered by the insurance. That is, he does not need to be entered in the column approved to drive a car. In addition, if the number of drivers allowed to drive a car changes, the presence of the owner of the car is also not required. The policyholder can make any changes to the policy if they have the appropriate power of attorney.
Registration of an MTPL policy in the absence of the car owner
Any driver who has a power of attorney can apply for compulsory motor liability insurance without the presence of the owner of the vehicle. Moreover, this power of attorney does not have to be certified by a notary.
The owner of the car can issue a one-time, special or general power of attorney for registration of compulsory motor liability insurance. In addition to the power of attorney, the insurance agent will require the following documents from the driver:
- driver's licenses of all persons allowed to drive a car under the MTPL policy;
- policyholder's passport;
- a copy of the car owner's passport;
- documents for the vehicle;
- MTPL policy concluded earlier.
When registering a power of attorney for the owner of the car, it is better to provide for the possibility of an insured event. In this case, even though the insured is not the owner of the car, only he will have the right to receive insurance compensation, unless, of course, he issues a power of attorney to receive compensation to another person. It should be noted that in this case you will need a power of attorney certified by a notary. The authorized person can be the policyholder under the MTPL policy or any other person.
The cost of compulsory motor liability insurance purchased by someone other than the owner of the vehicle
When taking out an MTPL insurance policy, its cost directly depends on the driver’s experience, his age, and the KBM discount. When calculating the cost, only information about persons authorized to drive a vehicle is taken into account. Thus, issuing compulsory motor liability insurance not for the owner of the car does not in any way affect the cost of the policy.
There are no changes in the cost of a car title when the insured and the owner are combined into one person. The only additional expenses will be incurred by the car owner when registering a power of attorney with a notary.
Conclusion
To summarize, it can be argued that insurance companies that refuse to issue a policy to a person who is not the owner of the car, but who has a power of attorney from the owner of the car, act contrary to the civil legislation of the Russian Federation. Without a power of attorney, the driver can also purchase a compulsory motor liability insurance policy and receive insurance payments. To do this, you only need the presence of the owner of the vehicle.
Is it possible to get insurance for a car or renew it without the owner?
Russian legislation provides for cases when the owner of a car transfers the right to drive it to a trustee. In the context of the transfer of rights, the issue of obtaining insurance for a car without the rightful owner is acute, and it is resolved directly in the insurance company when purchasing OGASO.
Is it possible to insure a car without an owner?
From a legal point of view, not only the owner, but also a stranger with all the documents necessary to carry out the procedure has the right to issue a car title - the provisions of the transaction are outlined in the legislation of the Russian Federation.
The 2002 Federal Law describes the procedure for obtaining insurance by a second person who does not have ownership of movable property. To legally issue an MTPL policy for a passenger car, you need to visit the main branch of the insurance organization.
To obtain car insurance from an insurance company, you need a power of attorney from the owner, executed by a notary.
In the contract, the policyholder is the person purchasing insurance with the right to own the vehicle. He is allowed to make various changes to the policy:
- mark data on new drivers - a kind of modern power of attorney for driving;
- adjust the timing of transport use;
- submit a request for a copy of the official form.
The person applying for insurance is not required to own a specific type of vehicle. In the form for filling out the form there are 2 columns: one for the owner of the car, if he is taking out MTPL, the second for the insurance person who does not own the declared vehicle.
A power of attorney to drive a car is in no way connected with insurance issued by a second party. To insure a vehicle from a second party, a power of attorney and accompanying documents for transport will be required. An individual buys a car policy, following a legal procedure in accordance with the laws of the Russian Federation.
Procedure for obtaining a car title if the driver is not the owner
It is better to entrust the issue of insurance to a reliable insurance company so that problems do not arise with it in the future. An employee of the organization will inform you whether a non-direct owner can submit documents. He will estimate the duration of the policy registration process and indicate in what time frame the OSAGO coupon will be ready.
The price of the policy is determined by the number of motorists who have the right to drive a particular car.
The registration procedure is as simple as receiving a regular form. To carry it out, it is not necessary to be present in the city where the car was originally registered. Regardless of the location of the applicant, you will only need a power of attorney from the owner of the car.
Car insurance establishes the fact that it is not the vehicle itself that is insured, but the liability of the motorist in the event of an accident.
Full list of required documents:
- Photocopier of the car owner's identity card.
- Policyholder's identity card.
- Driver's licenses of persons legally entitled to drive a vehicle.
- Vehicle passport.
- Old insurance.
- Vehicle registration document.
- Certificate of completion of a full technical inspection.
The owner of the car is obliged to provide the trustee with a document confirming the right to issue the policy.
If all documents are submitted on time, the application is completed without errors, then the insurance is issued according to the law.
Cost of MTPL insurance without a car owner
The principal takes out insurance and bears all material losses: the vehicle cannot be insured in any other way. The cost of the procedure depends on several factors: the experience and age of the motorist, place of registration, bonus coefficient and car parameters.
The price of a car insurance policy should not change depending on who is the policyholder - the owner or the trustee. The policy is issued only in a certified insurance company.
Different companies have different rates. They are established at the legislative level and should not differ too much from each other.
Documents for obtaining insurance without the owner
Insurance organizations work on the principle: if you are not the owner of the insured object, then you will have to provide an extended list of documents. A compulsory insurance policy is issued only on the basis of an application from an individual or legal entity.
In addition, all documents for the car, certificates and forms provided by its owner are presented. In rare cases, the main branch of the company asks for a notarized technical inspection card.
Is it possible to get insurance in another region?
Is it possible to make a policy in another region or not: an important detail of the transaction in the absence of the owner of the car. The legislation of the Russian Federation provides for the procedure for submitting documents for registration of compulsory motor liability insurance in any administrative units of the country.
The fines issued by the traffic inspectorate to a trusted person also do not depend on the place of registration of the car.
Any motorist has the right to obtain insurance in the city or town where he resides. His right to drive an insured car is a different matter. The insurance itself is not tied to the owner of the insurance object.
Who can renew insurance for a car without an owner?
Car insurance involves issuing a policy for a certain period. The MTPL agreement without additional conditions is issued for a period of 12 months.
Any person has the right to extend the validity of a coupon, as well as to issue a new one, if he has all the necessary documents in his hands.
The organization requires receiving all data about the insurance object. It takes into account the information included in the stitched agreement. The policy renewal process is also not geographically specific.
How to get an MTPL policy when buying a used car?
If a motorist is not buying a new car, then he needs to enter into a new compulsory insurance contract. It will indicate the persons who have the right to drive the insured object. People who are allowed to drive a car before re-registration of ownership documents lose the right to drive a vehicle.
Features of taking out a policy when purchasing a used car:
- the new owner has no more than 10 days after purchasing the car to choose an insurance company and contact it for help;
- if the previous owner drew up a diagnostic card, a copy of it is submitted along with the main documents;
- upon expiration of the card or in its absence, the new owner undergoes a technical inspection again;
- after collecting the main documents, the buyer is obliged to contact the insurance office;
- together with its employees, he draws up an agreement on protecting the car in insurance cases: the agreement is drawn up for himself or for another driver allowed to drive the car.
All the benefits of concluding a new contract are provided to the new owner only if the purchase and sale agreement is concluded.
Who will receive payment under compulsory motor liability insurance in the event of an insured event?
An important condition for a future transaction is that when insuring a car without an owner and in the imminent occurrence of an insured event, according to the provisions in the contract with the insurance company, the payment is transferred to the account of the car owner.
Only the owner of the car receives payment under compulsory motor liability insurance and there are no other options.
The policyholder is given a payment only if he has a notarized power of attorney in his hands.
At the time of registration of the policy, the conditions for compensation for most insured events are indicated: if an accident occurs, the injured party receives payments, even if there is a main policy issued by a second party. If the policy is issued to another person, he, as the victim, receives compensation - the insurance company of the person responsible for the accident pays him money or pays for services at a service station.
If the car is used not by its owner, but by another driver, then insurance is issued according to certain rules. The procedure is carried out without the presence of the owner of the vehicle. When the vehicle license is received, the company will pay the owner for the damage caused in the event of an accident.
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.