A sober driver is not included in the MTPL

What about insurance for a sober driver?

Sober driver insurance After a difficult work week, many motorists want to relax, meet with friends, and drink a glass of alcoholic drink. But if you arrived at the meeting place by car, returning home while driving is extremely dangerous. The sober driver service is becoming increasingly popular, which is not surprising. After all, this is a much more profitable, safe and convenient way, which does not force you to take a taxi home and then call it again the next day to pick up the car.

Taxi fees, paid parking, and worries about a car being left in an unusual place can be avoided thanks to the already popular sober driver service. This is a really convenient way to call a driver who will deliver the client in his own car to the specified address. But the service has its own nuances, and the most common question that arises among those who want to use the “sober driver” service is what to do with insurance?

“Sober driver”: insurance and its features

During the trip, a car driven by a “sober driver” may be stopped by a traffic police inspector to check documents. The main thing here is to follow some rules:

• The owner of the car must be in the passenger seat next to the driver, unless he has an insurance policy without restrictions.
• It is necessary to inform the inspector that the control of the car has been transferred to a personal hired driver.
• For inspection, the inspector must provide a package of documents from the car owner: MTPL policy, registration number and registration certificate, as well as a personal driver’s license of a “sober driver”.

If all these conditions are met, the traffic police inspector, when stopping a car with a sober driver at the wheel who is not included in the insurance policy, will impose an administrative penalty in the form of a fine of 500 rubles on the person who is driving the car, followed by drawing up a protocol on the violation. But remember, the inspector has no right:

• Twist license plates if the car owner has an insurance policy without restrictions.
• Detain the owner of the car if the “sober driver” is without insurance, that is, his name is not on the owner’s insurance policy.
• Issue a fine of more than 500 rubles.

In these situations, many companies assume all financial responsibility and payment of fines. Although such cases are common practice, it is better to find out all the details you are interested in immediately from the operator. Often these services provide their employees with all the necessary permits, and on the spot you can enter the driver’s data into your insurance policy.

It is important to know: before becoming a user of the “sober driver” service, if your insurance is limited, it can be changed to “open”.

What is required to obtain “open” insurance?

The car owner should contact the insurance company or a personal insurance agent to reissue the policy and conclude a new contract. The following documents will be required for registration:

• statement on your own behalf;
• any identification document (passport, military ID);
• registration document or vehicle registration document;
• technical inspection diagnostic card.

With such a policy, an unlimited number of people can drive a car, which will significantly expand your capabilities and come in handy in all kinds of life situations. Before the trip, it would also be a good idea to write a power of attorney for the driver and, along with it, give him the vehicle registration document.

Note! In a situation with a traffic accident, the insurance will be paid despite the service driver being behind the wheel, even if he is not included in the insurance policy. It is better to clarify the moment of distribution of financial responsibility in advance - usually the responsibility falls on the service.

MTPL insurance and “sober driver” service

Anyone who plans to use the service should not worry about their car and the legality of the service:

• If you have unlimited MTPL insurance, which gives the full right to drive your car to anyone who has a driver’s license, including a “sober driver.”
• If you have not only an extended MTPL policy, but also a CASCO insurance agreement, which insures a car driven by an unlimited number of persons.
• If you use a reliable service, such as Sober Help, whose drivers are professionals in their field, drive very carefully and do not break the rules. Then the risk of stopping the car is significantly reduced.

The sober driver service, although it threatens a small fine in the absence of insurance for the service employee, is still the lesser of the evils in a situation where you are not able to drive a car carefully and safely. Even a fine of 500 rubles, which in the worst case you will have to pay, cannot be compared with an administrative arrest, a fine of 30 thousand rubles and deprivation of rights for 2 years, which will threaten you if you stop a car with a drunk driver at the wheel.

Note! If you plan to use this service frequently, you can add several service drivers to your insurance policy in advance or do this directly on the spot after calling the driver.

Sober Driver and MTPL insurance - ways to resolve the issue

Sober Driver service, what to do with MTPL insurance? - FINE AT OUR EXPENSE!

a DRIVER is driving , he faces a FINE of 500 rubles.

To ensure your safety, it is important to correctly choose the service whose services you are going to use and do this not in a drunken stupor, but in advance.

Dear client, when ordering our Sober Driver (“Drunk” Driver) Service, we are ready to bear the cost of paying a fine imposed by a traffic police inspector if your car is stopped with our employee driving, which is not included in your compulsory motor liability insurance.

After all, you shouldn’t drive drunk. When you call our employee, both your and our conscience will be clear. You contacted us - we helped. Thus, collectively, we will reduce the risk of a criminal situation, save your life, the lives of your loved ones and just random people on the roads, and ensure the integrity of your car. After all, no amount of money can measure a human life.

The “Sober Driver” (“Drunk” Driver) service is becoming more in demand among motorists, because... This service can be used under any circumstances . For a drunk driver, this is undoubtedly a big straw. A drunk driver driving a vehicle has significant risks:

• Lose your driving license for up to 2 years;
• Receive a fine of 30,000 rubles;
• Find yourself behind bars (according to Article 264.1);
• Become the culprit of an accident and pay with your health, and maybe the lives of other people.

All these troubles can happen at the same time!

If you've been drinking and you need to drive, but you can't drive. What should I do? In a large metropolis you can use the following types of services:

1. Public transport;
2. Call a taxi;
3. Order a tow truck - it will be delivered along with the car;
4. Use our “Sober Driver” (“Drunk” Driver) service.

And so the choice fell on the fourth option, you decided to use the Sober Driver service. But what to do? You have limited insurance, the Sober Driver is not included in the compulsory motor insurance policy and you don’t know whether it is possible to put a stranger in the driver’s seat of a car who is not listed in the insurance? Yes, YOU CAN!

You just need to write a power of attorney by hand to use the car to an employee of the “Sober Driver” service or to any other person who has a driver’s license of this category.

It is important to remember that a handwritten power of attorney to operate a vehicle can only be written by a person who owns the car or has a notarized power of attorney.

And one more very important detail: it is better to put the car registration certificate under the visor, separately from your own license. This will help to avoid the drunk owner handing over documents personally to the traffic police inspector. The law states that the transfer of documents by a drunk driver to a traffic police inspector entails a subsequent examination for the presence of alcohol in the blood. It will be impossible to prove in court that another person was driving. This threatens the loss of rights to drive the vehicle.

Now let's try to understand this issue.

The Constitutional Court of the Russian Federation dated July 12, 2006 N 377-O indicated: vehicle owners driving a car on the basis of a power of attorney are participants in the insurance legal relationship on the side of the insured, regardless of whether they are included in the OSAGO policy or not. Therefore, in case of various force majeure events, the insurance company will be obliged to pay compensation for damage.

But, alas, not everyone can boast of such a policy as MTPL insurance without restrictions. The only disadvantage of such insurance is the high price.

But she has a very big plus! If for some reason you cannot get behind the wheel of your own car, but you need to drive, you can safely transfer control to any other person who has a driver’s license of this category, and you will not need to be afraid of being stopped by a traffic police inspector. Having an MTPL insurance policy without restrictions, you can also use our “Sober Driver” Service | "Drunk Driver.

Dear reader, if you plan to transfer the steering wheel to other hands, then take care in advance and include the driver in limited insurance. You can add a couple of our drivers: firstly, you save money, and secondly, the next time you order a service, you can call a personal driver and not be afraid that the service will send an inexperienced newcomer who cannot be trusted with a car and his own life. If this does not suit you, then we recommend that you do not skimp and take out a policy without restrictions.

It’s not for nothing that the rumor says that the miser pays twice!

Considering that measures to combat drunk driving have been tightened, drivers can expect increased fines and terms of license deprivation.

Consequently, the number of services providing the “Sober Driver” (“Drunk” Driver) service will increase. And it is unknown who and with what driving experience will be attracted to this profession - there are no clear criteria.

FAQ Questions for professional drivers

Question and answer from our drivers:

Cancellation of powers of attorney and Sober driver: frequently asked questions and honest answers

On November 24, 2012, the Russian Federation signed a resolution canceling powers of attorney for driving a car or the right to dispose of a vehicle. Thus, the idea of ​​drivers and vehicle owners, as well as Duma factions that took the initiative to abolish powers of attorney, was realized.

Question: How does the cancellation of powers of attorney affect the “Sober Driver” service?

Answer: You can talk a lot about the pros and cons of this decision, but still the question of what to do with the “sober driver” service worries many, regardless of the overall benefits or losses.

You can still use this popular service. To do this, you no longer need to issue a power of attorney; it is enough to comply with two requirements.

The first is the presence and presentation at the request of the traffic police officer of the following package of documents: driver’s license, technical passport for the car, vehicle registration certificate and compulsory motor liability insurance policy. Ideally, the MTPL policy should be without restrictions, and not with a list of those who have the right to drive a car.

Second, the owner of the vehicle must be in the seat next to the driver.

Traffic police officers may regard driving a car by a person who is not included in the MTPL policy as a violation, which will entail a fine of 300 rubles. If the owner of the car is not near a “sober driver,” then a traffic police officer can remove the license plates from the car. After this, the car owner will have 24 hours to obtain an MTPL policy without restrictions.

Question: The driver is not included in the MTPL: what consequences could there be?

Answer: If the MTPL policy does not provide for restrictions on the right to drive a given vehicle, that is, a policy without restrictions, then a traffic police officer can issue a fine of 300 rubles if the owner of the vehicle is not next to the driver.

If the policy lists persons who have the right to drive a car, then a fine will almost certainly be imposed (Article 12.37 of the Administrative Code).

Thus, when stopping a car driven by a “sober driver” by a traffic police officer, the procedure is as follows: the officer is provided with a driver’s license for the person behind the wheel; technical passport for the car; vehicle registration certificate; OSAGO policy. The owner of the car should be next to the driver - a drunk person sleeping in the back seat will arouse more suspicion.

The MTPL policy should be “without restrictions” - this will reduce the likelihood of a fine being imposed.

If the MTPL policy has restrictions on the right to use a car, then, as a rule, the traffic police officer imposes a fine in the amount of 300 rubles.

Question: Can license plates be removed if the car is driven by a driver who is not registered with OSAGO?

Answer: Numbers can be removed if a certain list of people is included in the MTPL policy. There is less risk if the policy has no restrictions.

If the policy list does not include the name of the person who was driving at the time the car was stopped, then, in addition to imposing a fine, the license plates may be removed. In this case, the car owner has exactly one day to purchase an MTPL policy without restrictions.

Question: Is it possible to move my car if the driver is not included in the insurance policy? (Timur)

Answer: The law is the same for everyone! And it provides for a fine for this violation in the amount of 300 rubles. But don’t let this bother you! Our company bears these costs and they will not affect you in any way. Drivers who order sober driver services, as well as for all other services, are professionals with extensive experience in trouble-free operation on cars of all brands, who have completed not only advanced driving courses, but also acquired knowledge while working in leading transport companies in Moscow.

Question: Can your drivers drive any cars?

Answer: Yes, our drivers have extensive experience in driving passenger cars of any class, manufacturer and body type, as well as with manual or automatic transmission. Our drivers also feel confident in a right-hand drive car. Trucks and special equipment are driven by professional drivers of the appropriate category.

Question: Does the price of the service include payment for the return trip to your driver?

Answer: No, the return journey of a sober driver is paid for by our company. The cost of the service only includes payment for moving the car from its initial location (for example, a bar) to its final destination (for example, a house).

Question: How difficult is it to order your services?

Answer: To order the “Sober Driver” service, you just need to call us at any time of the day and tell the dispatcher the address and desired time of arrival. Please remember that if you plan to order this service during rush hour, it is better to do it in advance - in our company it is completely free.

Question: What happens if an accident occurs during the transfer?

Answer: Thanks to the high professionalism of our drivers, such cases have not yet occurred, and we hope they will not happen in the future. Each of the drivers has extensive experience of accident-free driving and while driving strictly observes all traffic rules, without giving in to the persuasion of a drunk driver to “drive with the breeze.” If an accident does occur due to the fault of our driver, all responsibility will fall on him and our company, and compensation will be paid by the insurance company of the person responsible for the accident.

Question: How quickly can your driver get there?

Answer: We guarantee that our driver will arrive anywhere in Moscow no later than an hour after accepting the order. But, as our practice shows, this maximum time is calculated only for daytime, when traffic on the streets of Moscow is difficult and there are a lot of traffic jams. In the evening, we will reach you within 30 minutes.

Question: If I need your driver to drive my car without my presence, for example, to go to the store or bring friends, is this possible?

Answer: Yes, it is possible if you have a power of attorney form to drive this car. You fill it out and calmly send it to the required address. At the same time, you don’t have to worry about the safety of your car - all of our drivers have been working for the company for a long time and value their work, and copies of their documents are stored in the company.

Question: If my car is registered to my company, that is, a legal entity, can I use your services?

Answer: Yes, you can. To do this, you need to issue a waybill for the car, where our driver will be indicated.

Question: Is a handwritten power of attorney acceptable?

Answer: If you are driving a car with a handwritten power of attorney, it must indicate that you have the right not only to drive it, but also to dispose of it. This “drive and dispose” clause gives you the opportunity to transfer control of the car to a third party, that is, our driver. Otherwise, we will be forced to refuse you.

Question: Can your dispatcher calculate in advance the exact amount of a trip around the city?

Answer: Unfortunately, the dispatcher cannot provide you with such information, since he does not know how long it will take in various city traffic conditions. During the conversation, he will only provide basic prices for calculation, and our driver will calculate the final amount after the end of the trip.

Question: Is it possible to use your taxi services?

Answer: No, you can't. We do not provide services such as taxis or car rental with a driver. We only provide our sober drivers who will take you in your car or drive your vehicle to the specified location.

Question: If I need to get out of the car, will I have to pay for the driver to wait?

Answer: Yes, in this case you will have to pay for every 30 minutes of downtime in the amount of 300 rubles. You can read about this in the “Prices” section of our website. We warn clients about this during a phone call to the dispatcher.

Question: How do I know that the person who arrived is from your company and not an attacker?

Answer: When our dispatcher receives your order, he provides you with contact information, as well as the name of the future driver. The operator also selects the driver who will drive your car most professionally. Upon arrival of the driver, you must ask him to show his driver's license to make sure that he is our employee.

Question: Who should pay for parking if it is required?

Answer: Parking and other unforeseen expenses, for example, refueling a car, are paid by the client on the spot or are included in the final invoice for the “Sober Driver” service.

"Sober driver" and insurance

Of course, the service of a “sober driver” (driver) has recently gained great popularity and is becoming increasingly in demand. We will not describe all the advantages of the service, since they are quite obvious. But some points (we are talking about various types of force majeure) are still worth paying attention to.

If an accident occurs and the vehicle was driven by a driver who is not included in the insurance policy, compensation will still be paid. But, in addition, car owners are often interested in insurance in case of unforeseen circumstances. We answer: many companies that offer ordering a “sober driver” take on all additional costs in such situations.

If a “sober driver” is not included in your insurance, and the vehicle he was driving was stopped by a traffic police officer, then you face an administrative penalty, including a fine of five hundred rubles .

In this case, the company is also obliged to pay everything. This situation is quite common, but not universal, so check with the operator in advance about this. Sometimes companies provide the driver with all permits, and inclusion in the insurance policy is carried out on the spot.

And this is obvious, because, having felt security and confidence, the client will want to turn to the services of this company again. Moreover, he will recommend it to everyone he knows.

What to do in case of an accident?

If a traffic accident occurs, then the insurance must also be paid in any case, regardless of whether the driver who was driving at the time of the accident was included in the policy.

Before such a trip, it is advisable to write a power of attorney for the driver (can be by hand) who will drive the car, and also give him the vehicle registration document.

Also, do not forget that only the owner of the car or a person who has a notarized power of attorney has the right to use such a service. If you show a company employee a power of attorney handwritten “on your knee,” he will most likely refuse to provide you with the service.

Important points regarding compulsory motor liability insurance

So, a drunk person who has used the sober driver service can be absolutely calm about his insurance due to the following reasons:

• if you have unlimited MTPL insurance, anyone with a driver’s license can drive the vehicle;
• if you do not trust a third-party driver, then use the service of a tow truck - they will take you away with the car;
• even a fine of five thousand rubles for a driver who is not included in the policy cannot be compared with 30 thousand or, even worse, deprivation of a driver’s license.

Due to the tightening of sanctions for driving under the influence of alcohol (and these fines are likely to become even tougher in the future), the service of a “sober driver” has become even more in demand. But along with the demand, the number of offers from private car owners who do not have any qualification documents increases. For this reason, when choosing a driver, be extremely careful to make the right decision.

Does compulsory motor liability insurance apply to the “Sober Driver” service?

Recently, the “Sober Driver” service has become increasingly popular - assistance from a professional driver in moving a car if the owner of the vehicle is intoxicated. Despite the obvious advantages of such a service, difficulties currently arise with the use of the MTPL insurance policy in such cases.

In this article we will look at what advantages this service has; what to do if the car owner has a limited MTPL policy; what sanctions face the owner of a car for handing over the steering wheel to a sober driver; Are insurance payments due under compulsory motor liability insurance in case of an accident while a sober driver is driving the vehicle?

What is the “Sober Driver” service?

As part of this service, a car owner who is intoxicated can use the help of a professional sober driver to get to the chosen destination in his own car. In this case, a pre-hired driver drives someone else's vehicle under the direct instructions of the legal owner of the car.

The assistance of a qualified driver has undoubted advantages:

• there is no risk of being detained for driving while intoxicated, which may lead to the deprivation of a driver’s license for a significant period;
• minimizing the risk of a traffic accident, since the hired driver guarantees not only experience and driving qualifications, but also a complete absence of signs of intoxication;
• delivery to the chosen destination not by taxi, but by your own car;
• payment of insurance compensation under the MTPL agreement in the event of an accident, regardless of who was driving.

Services for the provision of professional drivers for moving a vehicle can be provided by both legal entities and individual entrepreneurs, as well as citizens who do not have the status of individual entrepreneurs. In the latter case, negative legal consequences of poor quality services are possible, since it will be extremely difficult to file a claim against a private individual.

The main condition for the provision of such a service is that the legal owner of the car is in the car at the time it is driven by the hired driver. Its presence allows you to “legitimize” the right to transfer control of the machine, i.e. In fact, an oral power of attorney for the right to drive a vehicle is issued.

Features of the validity of the MTPL agreement when providing services

Motor vehicle liability insurance for drivers can be taken out in two forms:

• unlimited insurance – applies to any person who has a driver’s license, who is legally allowed by the car owner to drive a vehicle;
• limited insurance – applies to the list of persons expressly indicated in the text of the insurance policy.

The conditions listed above directly determine the procedure for the actions of a car owner who intends to use the “Sober Driver” service.

If the owner of the car has an unlimited MTPL policy, there will be no problems with moving the car - a sober driver will be able to drive the vehicle on the direct instructions of the owner, and the unlimited validity of the MTPL insurance policy will apply in full to this case.

What to do if the owner has limited MTPL insurance, and he intends to transfer management to a third party? In this case, the following difficulties arise:

• the lack of an insurance policy may be grounds for administrative liability;
• The occurrence of an insured event (accident) involving a driver not specified in the MTPL policy may be grounds for the insurance company to refuse to pay insurance compensation.

Thus, you cannot use the “sober driver” service for a limited MTPL policy!

What sanctions threaten for transferring control to a person not included in the MTPL policy?

If during the transfer process the car is stopped by traffic police officers, then it will be mandatory to check whether you have the authority to drive the vehicle and a valid MTPL policy.

When driving a vehicle under a limited OSAGO policy with a “sober driver” not included in it, the traffic police officer will be required to draw up a report on an administrative offense for driving a car without a properly issued insurance policy. The fact of having limited insurance, i.e. without indicating the surname of a third party, it will not have legal significance. Based on the results of the consideration of the case, the driver faces an administrative fine in the amount of 800 rubles.

Despite the risk of receiving a fine, the consequences of driving while intoxicated are much more serious, including road accidents resulting in death or harm to the health of citizens. Therefore, the option of issuing a fine for the absence of a third party’s name in the policy is a minimal negative consequence of the “Sober Driver” service.

Are insurance payments due under compulsory motor liability insurance in this case?

What to do with compensation for damage, since formally limited insurance does not provide for the payment of insurance compensation in such a situation? This issue was resolved by the Constitutional Court's ruling No. 377-O dated July 12, 2006, according to which even the absence of the surname of the owner legally admitted to driving the vehicle in the policy does not deprive the car owner of the right to receive compensation under the terms of the MTPL policy. Despite the reluctance of companies to provide insurance coverage in such cases, appealing their actions in court is guaranteed to allow you to receive payments in full.

Conclusion

For driving a car with limited car insurance by a third party providing the “sober driver” service, an administrative fine of 800 rubles is provided. In the event of an accident, the car owner can count on compensation for damages from the insurance company only by a court decision.