Drivers often ask the question, is it possible to insure a car without the personal presence of the owner of the vehicle for another person? The question can be expanded: who can be the insured under the OSAGO?
Interest in this matter arises due to life circumstances, when one person owns the vehicle, and another person controls (manages). In order that further there were no unexpected problems, it is worth investigating this issue in more detail.
What you need to know about OSAGO
To begin, let us recall what a CTP is and what advantages it provides. In accordance with the adopted Russian legislation, OSAGO is a special program of compulsory motor third party liability insurance , the purpose of which is to guarantee compensation for damage in the event of liability arising from a so-called insured event.
The culprit of the incident will not receive any compensation, while the injured party has the right to rely on money that will help cover the repair (payment of due compensation).
Under Russian law, the concepts of “owner” and “owner” of a vehicle are delimited.
You can own a car (by proxy), but not be the owner. In other words, the owner is the one who directly controls the vehicle, having for this a driver’s license, power of attorney for the right to drive. And the owner of the car is someone who has a document confirming that a contract of sale has been executed in his name.
The concept of “owner” is incorporated into the concept of “owner” . You can be both an owner and an owner, but not every owner is an owner. By law, it does not matter to whom insurance is issued, as long as the person is the owner without specifying which one.
This is important to know in order to be able to defend your interests in insurance companies, some of which, in order to avoid unnecessary problems, may refuse to apply for an insurance policy just because you are not the owner.
The procedure for insuring a new car when the driver and the owner of the car do not match
The law stipulates that insurance should be issued after the purchase of a car no later than 10 days from the date of purchase . Typically, the primary document is issued to the direct owner for a period of 12 months. At the expiration of the year, it is possible to extend the policy of CTP, when the policyholder and different persons managing the car may differ if there is a confirming power of attorney from the vehicle owner.
There are situations when the insurance is not issued, and the accident happened. In this case, you should not count on payments. Everything can end with the exact opposite, when you have to compensate the injured party from your own pocket. To prevent this from happening, it is advisable to draw up all the documents in time so as not to make the owner of the car extreme in solving unpleasant problems.
If the insurance company refuses to execute documents , this is a violation of the rights of the insured on its part. The situation when the car is driven by the wife, and the title deed belongs to the husband, or to the brother, is quite typical. In this case, when applying for insurance, it is enough to present a driving license without confirming the ownership right.
In most cases, the insurance document is issued to the person who directly uses the vehicle. If I am the owner, I can make insurance instead of the owner of the car.
According to the laws of the Russian Federation, you can apply for auto insurance without the presence of the owner . In the contract, the policyholder must fill in all fields, in which it will be indicated who is the direct owner, who is the driver, additional information. From these data will depend on the final cost of the insurance policy.
The list of documents for the conclusion of the insurance contract
- the passport of the future policyholder (not the owner) and his driving license;
- copy of the passport of the car owner;
- passport for the insured vehicle;
- a document confirming the passage of technical inspection;
- previous insurance policy CTP;
- power of attorney to manage the car (if the policy is not issued by the owner).
Making insurance for the sale of used cars
Motorists should be well aware of how to apply for an insurance policy when buying a used car. Domestic legislation directly requires that after the sale of the car, the insurance policy must be renewed to the new owner , even if the previous term has not yet expired.
This categorical nature is due to the fact that the purchaser of a new car will have to redo the diagnostic card and technical passport in its name, where new data will be indicated. After receiving the new documents, you can take out the insurance policy of CTP with the inclusion of all the necessary data.
Insurance must be completed within 10 days from the date of the official date of sale.
In addition, the previous owner can count on the return of the unencumbered security amountto his account by the insurance company. It is worth starting in the event that the amount of insurance is decent, or its term has just begun.
If the insurance comes to an end, it is easier to abandon the remaining amount than to start a procedure during which the insurance company, according to the law, will keep 23% of the refund amount.
The order of insurance payments in case of discrepancy between the owner and the vehicle owner
So, in order to freely use the car, not being its owner, three documents are enough :
- driver’s license;
- power of attorney;
- insurance policy for one year.
In the event that an insured event occurs at this time interval, the insurance company is guaranteed to compensate the damage to the injured insured, and not to the owner.
To obtain compensation (cash / bank transfer), it is enough to indicate your own bank details in the cash desk of the insurance company.
Extension of insurance
Should a driver renew insurance after a one-year period? The answer to this question is categorical: mandatory. Otherwise, a penalty for lack of insurance .
To perform this operation, the personal presence of the owner of the car is not required.
The policyholder may extend the contract an unlimited number of times.
Expansion of the list of drivers in the insurance policy
Sometimes it is necessary to include in the insurance new persons who have the right to drive a vehicle . The insurance company is happy to perform this procedure. But it will cost more in comparison with the sole design.
Therefore, experienced lawyers are advised to inscribe in the insurance policy only those drivers who are constantly behind the wheel, in order to minimize the insurance costs.
Citizens who draw up an insurance policy OSAGO should remember that insurance companies do not have the right to refuse to draw up a contract to persons who are not the direct owners of the vehicle, but who have a notarized power of attorney for the right to drive from the owner. If this happens, you can safely seek to exercise their rights, written out at the legislative level of the Russian Federation.
If I am the owner, I can help the other person to arrange my car properly, for this you just have to be present at the time of registration of the insurance, even a power of attorney is not required.
The term of the CTP policy is one year , and can be freely extended without the personal involvement of the vehicle owner an unlimited number of times. In the case of a car sale and purchase, the current insurance policy is canceled, instead of it, it is necessary to issue a new oneto the person who purchased the car within 10 days .
Insurance companies do not have the right to require from insurers a greater number of documentsthan prescribed in domestic legislation. The cost of the insurance policy is calculated on a special table, which takes into account the type of vehicle, the number of drivers, the availability of benefits and discounts, type of driver’s license, driver’s age, and so on. You can calculate the cost of the insurance policy yourself – detailed instructions on the link .