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.
Who, besides the owner, has the opportunity to insure a car?
As already mentioned, absolutely anyone can become a vehicle insured, even if they are not related to this vehicle. The main thing is that this person has in his hands a notarized power of attorney from the owner of the vehicle to represent his interests.
If there is no such power of attorney, then when concluding an insurance contract, a citizen who has ownership rights to this vehicle must be present. Although many insurers make concessions to their clients and ask to provide only a copy of the car owner’s passport.
When concluding an auto liability contract, the insured can be either the owner of the vehicle himself, his relative, or even a stranger.
For this purpose, the OSAGO form itself provides two columns “insured” and “owner”: if both the owner and the insured are the same person, then identical information is entered into these columns, and if one is the owner of the car, and the other is the insured, then different information is entered into each column (in the owner column about the owner, and in the policyholder column, respectively, about the policyholder). Both the owner himself and another driver who has a power of attorney can purchase an MTPL policy.
Attention: Please note that all amendments to the policy can be made exclusively by the policyholder.
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.
Design features in individual cases
Registration of a motor vehicle license has its own characteristics. Many drivers wonder who can insure a car for if the owner of the car has died, and also whether the car can be registered in the name of one driver, and another person act as the policyholder?
If the owner is dead
The contract is issued by insurers to the owner of this vehicle and this has the right to be either an individual or a legal entity. Accordingly, if the citizen who owned the car died, then according to the law, until one of the heirs enters into inheritance rights, it will not be possible to issue a car title.
Since you can enter into an inheritance only after half a year, then, accordingly, during this period no one will be able to draw up an insurance contract, since in fact, after the death of the owner of the car and before another person enters into inheritance rights, the car does not have an owner.
How to get a policy without the owner of the vehicle
The owner's visit to the insurance company is not required. But his data is certainly recorded in the document.
To purchase a policy you will need the following documents:
- statement;
- Driver's UI;
- passport of the driver and owner of the vehicle;
- PTS;
- previously issued policy;
- power of attorney.
To purchase a policy, you do not need to provide transport for inspection. It must be remembered that it is not the vehicle that is subject to insurance, but the liability of the person insured to other participants in the vehicle liability.
Choice of insurance
Naturally, a civil liability insurer can get car insurance from any company he likes. You already know whether it is possible to obtain insurance for a car that is not the owner, and most importantly, that this can be done with a different insurance company from the previous one.
Simply put, a new car owner can contact any insurance company, no matter where the insurance contract was made with the owner of the vehicle. This happens because the “automobile license” must be new; it affects the compulsory motor liability insurance policy who is the insured, and not who the owner of the vehicle is.
Who has the right to receive payments?
The MTPL document guarantees the policyholder that in the event of an accident, the costs of restoring the damaged car will be covered by the insurance company.
By law, insurance compensation is due to the owner of the car. You can receive money in cash at an organization or by bank transfer by transferring the recipient’s details to the bank. The owner of the vehicle is the beneficiary.
In such a situation, the power of attorney is certified by a notary office. The principal can be either the policyholder or another citizen. In case of an accident, compensation can be received by the owner or his principal.
The price of the policy depends on factors such as:
- driving experience;
- driver age;
- kbm.
When calculating, only the information of those people who have the right to drive the vehicle is taken into account. The cost of the policy depends on their number. Because of this, it is better to write down the names of those who will use the car constantly.
If the insurance is issued not for the car owner, but for another citizen, then the owner may not be registered, since the presence of the document gives him the right to operate the vehicle. Registration of a policy not for the owner of the vehicle does not affect the price of the policy at all. According to the law, if the owner and policyholder of the vehicle are the same citizen, then there will be no changes in the price of the policy.
An organization can enter into an agreement on compulsory motor liability insurance with any person who has provided a document on the right to drive this car.
How to apply for a motor vehicle license if the owner and driver are different people
Let's start with the fact that OSAGO 2021, as in previous years, is an integral part of the life of motorists and is required for registration. This obligation applies to everyone who can insure a car, and as practice shows, these persons can be many.
Many people are mistaken that no one is allowed to insure a car without an owner, or that the owner must be the policyholder. But the owner and the policyholder are different people, and the law does not provide for the former’s obligation to enter into the “automobile registration” document.
In simple terms, only the policyholder must draw up a liability protection agreement, and the vehicle owner is practically not involved in this. An exception is the case when, before insuring the owner’s car to a third party, it turns out that the first person will also operate the vehicle for its intended purpose.
How to issue a policy when purchasing a used vehicle
If a person bought a used car, then he needs to take out a policy, even if the services were provided by the previous owner and the insurance period has not yet ended.
When buying a car second-hand, it must be registered within ten days after the transaction. Failure to comply with these requirements will result in penalties. When filling out a document for a used vehicle, you will need a diagnostic card. If its validity period expires, then it is necessary to undergo a technical inspection.
Then you need to prepare the following set of documents:
- Diagnostic card.
- VU.
- Passport and PTS.
Then you can visit an insurance company or the corresponding resource on the Internet, where you can buy an MTPL policy.
If the buyer enters information on transport independently on the website, then the policy must be issued to him, this will allow him to register with the traffic police.
Ways to solve problems
Depending on the problem, its solution will be different:
| Technical glitches, problems with entering codes and captchas | Wait 1-2 hours and try again, contact the IC office. |
| Inflating the cost of compulsory motor liability insurance, imposing additional services | Ask for an explanation of the cost of the policy and notify RSA. |
| Additional documents required | Request a list of necessary documents for registration of compulsory motor liability insurance and file a complaint. |
| You cannot visit the IC office due to its work schedule | Apply for an electronic policy on the company’s website. |
If the issuance of a policy was refused illegally, your further actions may be as follows:
- Make a written request to the insurance company to issue a policy and demand a written refusal;
- Provide an audio recording during a telephone conversation with a representative of the insurance company;
- File a complaint with the RSA, the Central Bank of Russia, Rospotrebnadzor;
- File a statement of claim with the court or prosecutor's office.
If you don’t want to be nervous or you need the policy urgently, switch to another insurance company.
Policy upon sale
After the sale of the vehicle, part of the insurance price is allowed to be returned. This is provided for by the Federal Law on Compulsory Motor Liability Insurance during the period of contract termination. Cases of termination of the agreement are considered in clauses 1.13-1.16 of the car insurance rules.
In this article, a refund of part of the insurance price is possible if:
- sale of the vehicle by the owner;
- loss of a car;
- restriction of the work of the insurance organization.
The procedure for returning money most often does not cause any difficulties; disputes arise only over the amount of the amount to be returned.
To return part of the funds unused under insurance, a person needs to contact the insurance company where the policy was purchased and submit an application.
The influence of age, experience and driving accidents on the cost of insurance
The price of compulsory motor liability insurance is formed relatively simply. The base tariff, which is set by the insurance market regulator represented by the Central Bank of the Russian Federation, is taken and multiplied by several coefficients. Among the latter there are two that depend on the drivers included in the insurance.
The first takes into account the experience and age of the person allowed to drive a vehicle. The older and more experienced the driver, the less he pays for insurance. For example, for a person over the age of 60 with 15 years of driving experience, the price of compulsory motor insurance will be 90% of the usual one. And for a beginner – 180% of the base.
The second even more significant coefficient is KBM or bonus-malus. It takes into account the accident rate of a specific driver on a specific vehicle. Its impact on the final cost of the policy is much more serious. The maximum value of KBM is 2.45, which means an increase in the price of compulsory motor liability insurance by 2.45 times. The minimum value of the coefficient is 0.5, which leads to a 2-fold reduction in the cost of compulsory car insurance.
Simple calculations show that it is quite easy to add a driver without experience to the MTPL insurance, but this will lead to a noticeable increase in the cost of the policy - 1.6-1.8 times, which can reach approximately 2-2.5 thousand rubles in absolute terms. The inclusion of a persistent traffic violator and the culprit of an accident in the policy results in even more serious financial consequences. In this case, the growth figures will be even more significant.
Important Tips
- it is impossible to resolve the issue of re-registration remotely - it is best to visit the main office and rewrite the policy to the new owner there;
- if the old owner wants to renew the contract for a new one and at the same time receive compensation for unused insurance, then the best option would be to include this amount in the cost of the car and not discuss this issue separately;
- the insurance company must be notified within three days of receiving new license plates after re-registration of insurance;
- A duplicate policy is usually issued free of charge, but some insurers insist on additional payment - on average 400-600 rubles.
