A driver's license is one of the important documents when applying for an MTPL policy. But, as you know, either in other cases (loss, change of surname, opening of a category...), and along with the new license, their number also changes, which puts the driver in a difficult situation regarding further actions with the “motor citizen” policy.
However, the contract with the insurance company clearly states a clause that states the following: “The policy owner is obliged to notify the insurer of the replacement of the insurance policy as soon as possible.”
At the same time, nothing is said about whether the MTPL policy is subject to replacement after the replacement of rights?
If we take into account the fact that the new license indicates the number of the old license, then in theory, when checking insurance, problems with the traffic police officers should not arise.
The Federal Law also does not stipulate anything regarding the replacement of rights, that is, this procedure is not a reason for terminating the MTPL agreement.
Federal Law “On Compulsory Motor Liability Insurance” - the contract with the insurance company is terminated at the request of the policyholder, as well as when the owner of the vehicle changes. The contract can also be terminated at the initiative of the insurance company (if the owner of the vehicle provided false or incomplete data).
Therefore, there is no need to change your MTPL policy after replacing your driver’s license!
Do I need to make changes to the MTPL policy after changing my rights?
The answer to this question is definitely “YES”! And that's why.
As mentioned above, the policyholder is obliged to promptly notify the insurance company of changes in data. If new data is not included in the policy, in the event of an accident due to the driver’s fault, the insurance company may invalidate the policy and assign all costs associated with the accident to the owner of the vehicle.
Thus, obtaining a duplicate insurance policy when replacing rights is not required. However, its owner must promptly notify the MTPL insurer of the changes so that the necessary notes can be made.
Making changes to the MTPL policy when replacing a driver's license
After replacing your driver's license, you must contact the insurance company office as soon as possible.
You should have the following documents with you:
passport;
vehicle registration certificate;
new driver's license;
current contract with SK.
You must fill out an application on site. Sometimes you have to pay for the procedure (the law allows for the possibility of the insurer receiving a fee for making changes). The contract itself will remain the same. However, in the “Special Notes” column, the number of the new VU will be written down, as well as the date and time of recording. This must be done on the day the insurance premium is calculated by the insurance company. In exceptional cases, it may be necessary to create a duplicate form. In this case, the processing time will be 2 days.
According to the law, new data must be entered into a single electronic database no later than 5 days after the application.
Usually, making changes to the MTPL policy after changing rights is free of charge. However, in some cases (for example, the document holder has little driving experience), the insurer may require compensation. Its size depends on the tariffs of a particular insurance company, KBM, as well as on the remaining validity period of the policy.
Only the policyholder himself or a person who has a notarized power of attorney can make changes to the compulsory motor liability insurance policy. However, it will not be possible to carry out the procedure via the Internet: you must be personally present at the office of the insurance company.
How to make changes to electronic insurance when replacing rights 2018
If, then changes when replacing a driver’s license are made electronically. It is also possible to reissue the policy on paper.
In order to make changes to the electronic MTPL policy, you need to visit the official website of the insurance company from which the policy was purchased and in your personal account find the policy that needs to change the data (then the procedure for making changes is different for each company.)
Making changes to the electronic OSAGO policy "ROSGOSSTRAKH"
After this, the system will take you to the policy cost calculation section and ask you to select the reason for making changes to the policy and click continue.
Next, you need to enter new data into the section of the policy that needs adjustment and submit the application. If, after submitting the application, the message “Data has not been verified...” appears, in the same window of the site you will be asked to send photos of documents for data processing manually. The procedure takes from 15 to 30 minutes, after which a new policy is sent by email.
Making changes to the electronic OSAGO VSK policy
The procedure is identical to that described above, but much simpler. We go to the VSK website, log in to your personal account, select the desired policy and click “Make changes”.
Then, on the page that appears, you need to indicate the reason for making the changes and attach photos of the documents. Next, submit a request for changes.
At the moment, making changes to the electronic OSAGO "VSK" policy online is almost impossible; the company ignores applications in every possible way and responds to requests with standard replies suggesting visiting the nearest office: " Good afternoon
At the moment, in the Online Store of JSC "VSK" there is a very large queue of applications for amendments to MTPL agreements.
We recommend that you contact any office of JSC VSK.
We apologize for the inconvenience caused and hope for further long-term cooperation.
Sincerely, JSC "VSK""
This entails a number of formalities with documents, and sometimes we may encounter bureaucracy. But is it necessary to change the MTPL insurance policy when changing your license or changing your last name? The answer to this question is contained in the Federal Law “On Compulsory Motor Liability Insurance”, more precisely, in Article 15, paragraphs 8 and 9. It is these paragraphs that say that changes to the insurance policy must be made if any data contained in this policy is changed, in including the driver's license number and the name of the policyholder in most cases. But what are these cases?
When do you need to change your MTPL policy when changing your license or changing your last name?
So, we found out that the MTPL policy needs to be changed or, more precisely, current changes must be made when the data contained in it changes. But whether it is necessary to change the policy when replacing a license or changing a surname depends on whether an unlimited circle of people is allowed to drive a car under this policy or a limited one.
- If an unlimited number of persons are allowed to drive the policy, then when replacing rights, there is no need to change such insurance, because information about the driver’s license number is contained only in the table with allowed persons, and with an unlimited policy, this list is empty (and there is a checkmark above indicating that an unlimited number of persons entitled to drive vehicles are allowed to drive). However, the policy must be changed if the last name or first name of the policyholder has changed, because these data of the policyholder are entered into the policy.
- If only certain drivers are allowed to drive under the policy, then information about their driver’s license is entered in the corresponding column (table). Therefore, when replacing rights with them, it is necessary to replace the insurance policy. You will also have to do this if the drivers admitted to driving under the MTPL policy have changed their last name or first name.
How to make changes to the MTPL policy when changing your last name or replacing your rights?
The Federal Law "On Compulsory Motor Liability Insurance" directly provides for the replacement of the compulsory motor liability insurance policy when the data contained in it changes, indicating that for this you need to contact the insurer (insurance company).
8. During the period of validity of the compulsory insurance contract, the policyholder is immediately obliged to notify the insurer in writing of changes in the information specified in the application for concluding a compulsory insurance contract.
9. Upon receipt from the policyholder of a message about changes in the information specified in the application for concluding a compulsory insurance contract and (or) provided when concluding this contract, the insurer makes changes to the compulsory insurance insurance policy, as well as to the automated compulsory insurance information system created in accordance with with Article 30 of this Federal Law, no later than five working days from the date of amendments to the compulsory insurance policy.
That is, you just need to come to the insurance company where your liability is insured and make changes to the policy. As a result, you will either be issued a new policy (with the same validity period, of course) or changes will be made to the existing one (on the back of the policy in the “Special notes” column).
What happens if you don’t change your insurance information about changing your license or changing your last name?
Perhaps the most important questions regarding making such changes are whether there will be a fine if they are not made, and, most importantly, whether payment will be refused or possible recourse from the insurance company in the event of an accident. It would seem that we are obliged to make changes; without such changes, the MTPL policy is invalid.
But the fact is that in our country, fortunately, any right is clearly divided with a document confirming such a right. For example, if a driver does not have a driver’s license, it is prohibited to fine a driver for not having the right to drive, although a driver’s license confirms the right to drive. The same applies to MTPL insurance - the incorrectness of the data indicated on the paper called the “policy” does not in any way affect the fact that the driver has insured his motor third party liability.
Calculate the cost of your MTPL policy
And this is quite logical - changing the driver’s data does not in any way mean that the driver has become someone else. Also, changing such insignificant data will not even allow you to doubt the authenticity of the drivers or policyholder included in it. Moreover, when replacing rights, the new rights indicate the series and number of the old rights. When you change your last name and along with it your passport, the new passport indicates the series and number of the old passport, with which you can check the fact of the last name change.
Therefore, if you do not change the information in the insurance about replacing your license or changing your last name, this will not entail either a refusal to pay or a recourse. Also, not a word is said about this in the Federal Law “On Compulsory Motor Liability Insurance”.
The question regarding the fine for failure to make changes to the policy in connection with a change of driver's license or surname is also clear - there is no fine for this. The fine is provided only for the driver’s failure to fulfill his obligation to insure his motor third party liability, and in this case the driver has insurance.
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From time to time you have to change your driver's license. Along with the form, the validity period of the document and the number that was indicated in the OSAGO policy will change. According to the insurance contract, all changes in its terms must be immediately reported to the insurance company. There they will make changes to the database, and you can safely count on both compensation in the event of an insured event and correct accounting of the KBM. However, not all car owners fully understand whether it is necessary to change their compulsory motor liability insurance when replacing their license. We will try to figure this out with you.
Are there any requirements for replacement?
Let's determine what exactly causes doubts among our compatriots. The series and license number specified in the insurance contract will not correspond to the real ones after they are replaced - this is the reason for the unrest. But the new certificate contains the data of the old document. Thus, this is not a problem for State Traffic Inspectorate employees.
Insurers also do not require renewal of the contract, because the client paid for the service, and the question of whether changes need to be made to the MTPL policy when changing rights does not arise for them. After submitting an application for a change in the series and number in the contract, you do not need to do anything else, and you can drive with your old insurance.
What the law says
How to act correctly with a new VU
- passport;
- application, sample, which will be presented by an employee of the insurance company;
- a valid contract;
- new driver's license.
If this is not done on time, then you may find yourself without insurance at the most inopportune moment. Rest assured: insurers use any incident with documents as a reason to refuse to pay compensation. , if the client presents rights whose number is not indicated in the insurance, the policy will be considered invalid.
The MTPL Rules state that for making changes to the MTPL policy when replacing the MTPL, the insurer has the right to receive additional compensation. That is, you will have to pay some additional amount. A complete renewal of the policy takes two days, so you should avoid traveling during this period.
If the OSAGO policy specifies the old rights, as we already understood, there are no problems. But you can be fined for an expired car license. But there is one catch in the MTPL law. In Art. 10 states that the contract is renewed automatically if the policyholder has not submitted terms and conditions of insurance 2 months before the expiration of the current contract.
It is often necessary to obtain a new policy ahead of schedule if the car is sold with a form forgotten in the glove compartment. In such cases, a duplicate is first issued, and then on its basis the issue of termination of the insurance is decided.
So, we figured out whether it is necessary to change the MTPL policy when changing a driver’s license. The situation becomes even more obvious if we consider the issue in relation to. In this case, all data is stored in the RSA database in electronic form. The form is not needed at all, and changes are made to the virtual policy.
Every car driver must have a compulsory motor vehicle liability insurance policy. The presence of this document guarantees the driver that not only he himself, but also the insurance company that issued the policy for his car is financially responsible for possible accidents on the roads with his participation. In some cases, the amount of insurance payments to the injured party can be very impressive. It is important that the driver, at the time of concluding the contract, provides clear and reliable information about himself and his own car to the insurance company.
However, many people have a question: the driver’s license (VL) has been replaced, what to do with the MTPL policy? In this case, is it mandatory to replace the MTPL insurance policy?
The answers to such questions are contained in the Legislation of the Russian Federation. Now we will examine this topic in detail and answer all questions.
For car owners, the procedure for compulsory liability insurance for their cars is prescribed by special Resolution No. 263 (approved 05/07/2003). This document, clauses 33 - 33.2, clearly stipulates the moment when and under what circumstances the policy can be terminated early.
The established rules interpret that the policy is terminated:
- if the vehicle owner (the policyholder) wishes to terminate the contract on his own initiative;
- when the owner of the car changes.
At the same time, there is no indication in the law that the contract should be terminated without the driver’s desire when the owner of the car changes. However, this does not mean that a person has the right to drive if he has someone else's car insurance belonging to the former owner of the car.
It may well be that the policyholder (the former owner of the car) will want to transfer his existing policy to the buyer. In this case, he must come to the insurance company and resolve the issue. His written statement will be sufficient, according to which the appropriate amendments will be made to the current document. Thus, the MTPL agreement is reissued for the new owner of the car.
It should be noted that the Resolution does not indicate that it is mandatory to replace the MTPL policy when replacing a driver’s license.
Is it necessary to replace OSAGO in case of replacement of rights?
MTPL insurance contains information about the driver’s license of the car owner (number and series of licenses). When replacing the VU, this information will become different and, as a result, will not coincide with that specified in the policy.
According to representatives of authorized structures, such a problem can be resolved quite simply, since the series and number of the rights of the old ones will be entered in the new license. This will avoid many problems associated with payments under compulsory motor liability insurance.
Is it worth taking out new MTPL insurance if the driver's license changes?
Domestic insurance companies do not require this from vehicle owners. It is important that the car owner provides information about his new driver’s license to the insurance company. After this, you can continue to drive the car until the existing policy expires.
When the current insurance contract expires, the car owner must enter into a new one, and changes will be made to it regarding the new driver's license.
In what form should the insurance company be notified of the change of rights?
A car owner who has changed his driver's license for some reason is obliged to notify the insurance company about the replacement of his driver's license. Based on the information provided, the insurer makes adjustments to the current contract. Making such changes extends the legal force of this agreement.
Changes to the contract will be recorded and made after the car owner provides a certain package of documents, namely:
- application (according to the established form);
- identification document (passport or other);
- vehicle registration certificate;
- MTPL agreement (current);
- a new document (DU), which confirms the right to drive the vehicle.
If we are talking about electronic MTPL, then the insurance representative enters the necessary updates into the database.
Please note that changes are made free of charge and should not become a source of additional financial expenses for the policyholder.
No one has the right to demand that the car owner take out a new MTPL policy for himself because his license has been replaced.
What changes are made to the policy when changing the driver's license?
All changes are made to the insurance in writing in the column “Special notes” (indicating the date of the changes). In addition, the policy is stamped with the insurance company's seal and the signature of the person who made the changes.
What happens if you do not notify the insurance company in a timely manner about the change of rights?
For a car owner who has not notified his insurance company in a timely manner about a change in driver's license, such indiscretion can become a source of serious problems. After all, any inaccuracies in the documents can be interpreted by the insurer as a significant reason for refusing to pay when an insured event occurs.
For example, in the event of an accident, the driver will provide a driver's license, the number and date of issue of which does not correspond to those specified in the policy. Such a policy may be presented as invalid.
The MTPL rules contain a clause that the insurer can receive an insurance premium (additional) for making changes to the MTPL policy when replacing the driver's license. It follows from this that it is quite possible that you will have to pay some additional amount.
From the information presented above, we can conclude that you should not worry about whether you need to change your compulsory motor liability insurance policy when replacing your driver’s license. Russian legislation does not require changing insurance when changing a driver's license.
However, everyone should remember that an accident or traffic accident can happen on the road at any time, and you may be denied insurance compensation due to the usual formality - failure to make the necessary changes regarding the new driver's license. You shouldn’t let the situation get critical, because it’s not difficult to provide the required information about the change of rights to the insurance company!
Is it necessary to re-register compulsory motor liability insurance when the owner changes?
After selling a car, in most cases, the owner still has unused compulsory motor liability insurance. Let's say a car owner took out a car insurance policy for a year, and after six months he sold his car. At the same time, he still has insurance for the remaining 6 months. The question arises, what to do with it? There may be several options here:
- Re-register compulsory motor liability insurance for the new owner;
- Make a refund for compulsory motor liability insurance when selling a car;
- Re-register a car license for another car;
- Include the new owner in the policy if the car is sold under a general power of attorney.
First, let's consider the option of reissuing an MTPL policy when there is a change of owner. In this case, the Policyholder, i.e. the person in whose name the MTPL policy is issued must go to the office of the insurance company and write an application to change the policyholder. To do this, you must present the driver's license of the new policyholder and the purchase and sale agreement, as well as a copy of the title issued to the new owner. It is important to understand here that formally the concepts of “policyholder” and “owner” are different. The owner is the owner of the insured vehicle. And the policyholder is the person who has entered into the MTPL agreement. It could be two different people. At the same time, you can change both the owner of the car and the insured in the MTPL policy.
But you should take into account that if you sell a car and change only the owner in the MTPL policy, then in the event of an accident you will have to participate in the preparation of all documents to receive the insurance payment. Therefore, this option should be used only when the car is re-registered to one of the relatives, and you, for example, continue to drive it.
If the car is sold to a stranger, then it is better to change not only the owner, but also the insured, in order to avoid unnecessary worries in the future.
In this case, the cost of the MTPL policy will be recalculated if the new policyholder has higher coefficients of KBM and KVS. Immediately after you have reissued the MTPL to the new owner, he will enjoy all the rights of the policyholder for the remaining period of insurance.
An alternative option for what to do with compulsory motor liability insurance when selling a car is to reissue the policy for another car. For example, if you sell an old car and immediately buy a new one, you can re-issue insurance for a new car for the remaining period of insurance. To do this, you also need to visit the office of the insurance company and bring a copy of the purchase and sale agreement for the old car and all the documents for the new car. In this case, the cost of the car insurance policy will be recalculated only on the condition that the new car has more engine power than the old one.
How to get money back for compulsory motor liability insurance when selling a car?
But if you are not going to reissue the MTPL policy for a new car owner or for another car, you can simply return the money for the remaining insurance period. If you are going to make a refund for compulsory motor liability insurance when selling a car in Moscow, Yekaterinburg, St. Petersburg or any other city in the Russian Federation, you must also bring a copy of the purchase and sale agreement (without it you will not get your money back).
You can get your money back for compulsory motor liability insurance when you sell your car, and the estimated date for calculating the return is the date following the filing of the application with the insurance company. Therefore, do not delay your trip to the UK. The refund amount is calculated using the formula below:
Refund amount = Policy price*number of remaining days of insurance/365 – 23%
23% is usually calculated for various expenses (3% goes as contributions to the RSA, and 20% to the insurance fund). However, these 23% are not established by law anywhere, so they are not entirely legal.
When changing the owner of a car between relatives, is it necessary to re-register compulsory motor liability insurance?
In situations where you re-register a car in the name of a relative, say, your wife, who was already driving the car, you don’t have to re-register the MTPL policy when the owner changes. This can be done if you transfer the car under a general power of attorney: that is, when it is still in your possession, but another person, under a power of attorney, can perform all necessary actions with the car.
In this case, it is enough to simply add a new driver in whose name the power of attorney is written into the motor vehicle policy.
Insurance during car re-registration
How to register a car without insurance in 2018
New information entered into the MTPL policy must be sealed with the insurer's seal and the signature of an authorized person. While driving a vehicle, the driver is required to have MTPL insurance. The absence of a document entails administrative punishment.
That is why, after purchasing a car second-hand, you should immediately take care of obtaining an auto liability insurance policy. After purchasing a car, you need to register it with the traffic police.
Renewal of an MTPL policy after the sale of a car
With this option of re-issuing a compulsory insurance policy, it is important not to miss the moment and promptly inform the insurer about the actual owner of the insured vehicle. The requirement to pay compensation for reissuing an insurance policy may also be contained in the car purchase and sale agreement.
Renewal of the insurance policy is possible only after obtaining the consent of the buyer.
Insurance when selling a car
If you look at this option more closely, it is more reliable, but at the same time you can lose a significant amount, since if the contract is terminated early, a penalty will be deducted from you, it can reach up to 23%, and this is a significant amount.
Option three involves renewing the insurance contract for another car if it is insured by the same company.
This option can be used by those owners who own another car and the insurance contract is drawn up in the same company, or when purchasing a new car, if the buyer is going to conclude an insurance contract there.
Do I need to change insurance when re-registering a car?
So, to the question of whether it is possible to reissue insurance for the new owner of the vehicle, the answer is yes. But to do this, you must adhere to the following sequence of actions: It is worth saying that this option is disapproved by insurers.
Rules for re-registration of a vehicle without an insurance policy
Many drivers who dream of purchasing a new or at least a used vehicle associate the purchase with spending a huge amount of savings.
Of course, this is an indisputable fact, however, most happy car owners forget to first calculate the funds that will later be useful for re-registration, registration and, what is important and costly, for issuing an insurance policy.
If some motorists can collect the last drops of savings and arrange everything in accordance with current laws, then others, for example, those who do not have enough funds to obtain insurance, are wondering whether it is possible to re-register a car without insurance.
Many people do not have enough money to obtain insurance and are wondering whether it is possible to re-register a car without insurance.
To understand whether it is possible to re-register a car without insurance, it is enough to familiarize yourself with the list of necessary documentation, which must be provided by the buyer of the vehicle to the traffic police officers in order to register the car in their name. According to current legislation, a car will not be registered in any traffic police department if the person who bought the vehicle does not provide an insurance policy to any existing thematic company.
If a driver purchases a vehicle and is thinking about how to register the car without insurance, he must understand that this cannot be done legally. The only exception may be those cars that were purchased no more than ten days ago.
By providing traffic police officers with the appropriate document (purchase and sale agreement), it will be possible to avoid the fine provided for the lack of a policy. However, if the ten-day period has expired, there will be no concessions.
Methods for re-issuing an MTPL insurance policy for a new car owner
Many people are hearing for the first time that it is necessary to re-register compulsory motor liability insurance when the owner changes. There are several ways for an owner to transfer insurance rights to the buyer of a vehicle.
general information
MTPL insurance is mandatory for all car owners. The fact is that the object of MTPL insurance is not the vehicle, but the driver himself. Or rather, even his civil responsibility. A car can have multiple users, for example if the whole family drives it.
With the help of compulsory motor liability insurance, the driver primarily protects himself. Even if he is at fault, the insurance company pays all damages to the injured party. Here it is worth noting several disadvantages of the policy.
Firstly, insurance has fixed payment amounts, so it is not profitable if the victim in an accident is the owner of an expensive car. Secondly, the policy owner (if he is at fault) will have to repair his vehicle himself.
As for the cost of MTPL insurance, it depends on:
- type of vehicle;
- region;
- client's driving experience.
OSAGO insurance is quite profitable. In addition, all activities of companies offering such a policy are carried out in accordance with the law. However, if the car changes owner, you must inform the insurer about this.
Even with an open list of possible drivers, when selling or donating a car, it is necessary to make some changes to the policy. That is, a change of owner is the reason why the policy is invalid. And in the event of an accident, the new owner will no longer be able to obtain insurance. By making changes to the document, the seller transfers all of his insurance rights to another person.
Methods
When selling a car, the owner may still have a valid MTPL policy. And something needs to be done with this document. There are many options here, for example, you can add the new owner of the car to the policy or terminate the agreement with the insurance company. The parties agree on what to do with the policy before the transaction is completed.
Transfer of policy
Changes to the MTPL policy must be made by mutual agreement. Before the sale of the car, the parties must enter into an agreement in which the buyer undertakes to pay compensation to the seller for the time when he will not use the policy.
The amount is calculated by the buyer and seller. For this, the following formula is most often used - the amount of the insurance premium is divided by the period of insurance (when the owner used it) and multiplied by the number of days when the insurance will not be used. For example, the deposit amount is 6 thousand rubles, and the period of use is 90 days. It turns out that 6000:90*275= 4520 rubles of compensation.
In addition, the agreement must be executed by a notary. A separate contract may not be concluded if the clause on the transfer of insurance rights is specified in the purchase and sale agreement. After selling the vehicle, the parties contact the insurance company and carry out the procedure for entering information about the new owner.
Termination of an agreement
If the buyer refuses to pay compensation and does not intend to reissue the insurance to himself, the seller must terminate the contract with the insurance company. Then the owner of the vehicle can also receive compensation payments, but from the insurer. But to do this, you must provide a car purchase and sale agreement on the day of conclusion.
Re-registration to another car
This method is used extremely rarely, since it requires two cars insured by the same company. Then the insurance from the sold car can be transferred to another. This re-registration allows for significant savings.
Where to contact
To make changes to the MTPL policy or reissue insurance, the owner can contact his insurance company directly. In addition, there are organizations that renew insurance when selling a vehicle. These are, for example, Rosgosstrakh, Alliance, etc. The services of such companies are paid separately.
Documentation
In order to re-register compulsory motor liability insurance when the owner changes, the parties will need certain documents. These include:
- statement;
- purchase and sale agreement (copy);
- car registration certificate (copy);
- insurance;
- receipts confirming payment for insurance.
There is no need to have these documents certified by a notary. Technical documentation for a car is of little interest to insurers in this situation. The main thing is to have insurance and prove that you paid for it.
Important! If the parties have drawn up an agreement on the payment of compensation, then this should also be provided.
Re-registration procedure
The stages of the procedure differ depending on the result that the parties to the transaction want to obtain. If we are talking about termination of an insurance contract:
- The owner of the car writes an application for termination of the document.
- Then provides the necessary package of documents.
- Insurance company employees cancel the insurance contract.
- After this, the owner receives compensation.
When terminating an insurance contract, various hiccups often occur. Insurance company employees may try to stall for time by asking for additional documents. You should know that the company must pay compensation two weeks after termination of the contract.
And if all the deadlines have passed and the money has not been received, it is necessary to find out the reason. If company employees refuse to provide information regarding payment, you need to contact management. As a last resort, you can file a lawsuit, but to do this you need to collect evidence that the insurance company is breaking the law.
When entering information about the new owner into the insurance policy, you must:
- Draw up a compensation agreement.
- The buyer of the car needs to fill out an application to include it in the policy.
- Submit documents to the insurance company (the presence of both parties to the purchase and sale is mandatory).
You should know that when compensation is paid by the insurance company, about 20–30% of the cost of insurance is deducted from the owner.
Refund of insurance premium
By terminating a contract with an insurance company, the client loses a certain amount. But if the car is sold, you can terminate the agreement without maximum losses. If, after the sale and purchase, the client purchases a new car, compensation payments can be used as the first payments for the new insurance. In this case, insurance companies accommodate clients halfway and do not calculate the entire amount as a commission.
Renewing an MTPL policy when the current owner changes is quite simple. But first you need to decide which method to choose. Many decide to simply terminate the contract, while others sign in the buyer of the car. The main thing is that the re-registration is carried out on a voluntary basis.
Do I need to change my MTPL policy when changing my license or changing my last name?
Replacing the policy when changing the driver's data
Replacing a driver's license entails a number of formalities with documents, and sometimes we may encounter bureaucracy. But is it necessary to change the MTPL insurance policy when changing your license or changing your last name? The answer to this question is contained in the Federal Law “On Compulsory Motor Liability Insurance”, more precisely, in Article 15, paragraphs 8 and 9. It is in these paragraphs that it is stated that changes to the insurance policy must be made if any data contained in this policy is changed, in including the driver's license number and the name of the policyholder in most cases. But what are these cases?
When do you need to change your MTPL policy when changing your license or changing your last name?
So, we found out that the MTPL policy needs to be changed or, more precisely, current changes must be made when the data contained in it changes. But whether it is necessary to change the policy when replacing a license or changing a surname depends on whether an unlimited circle of people is allowed to drive a car under this policy or a limited one.
- If an unlimited number of persons are allowed to drive the policy, then when replacing rights, there is no need to change such insurance, because information about the driver’s license number is contained only in the table with allowed persons, and with an unlimited policy, this list is empty (and there is a checkmark above indicating that an unlimited number of persons entitled to drive vehicles are allowed to drive). However, the policy must be changed if the last name or first name of the policyholder has changed, because these data of the policyholder are entered into the policy.
- If only certain drivers are allowed to drive under the policy, then information about their driver’s license is entered in the corresponding column (table). Therefore, when replacing rights with them, it is necessary to replace the insurance policy. You will also have to do this if the drivers admitted to driving under the MTPL policy have changed their last name or first name.
How to make changes to the MTPL policy when changing your last name or replacing your rights?
The Federal Law “On Compulsory Motor Liability Insurance” directly provides for the replacement of the compulsory motor liability insurance policy when the data contained in it changes, indicating that for this you need to contact the insurer (insurance company).
8. During the period of validity of the compulsory insurance contract, the policyholder is immediately obliged to notify the insurer in writing of changes in the information specified in the application for concluding a compulsory insurance contract.
9. Upon receipt from the policyholder of a message about changes in the information specified in the application for concluding a compulsory insurance contract and (or) provided when concluding this contract, the insurer makes changes to the compulsory insurance insurance policy, as well as to the automated compulsory insurance information system created in accordance with with Article 30 of this Federal Law, no later than five working days from the date of amendments to the compulsory insurance policy.
That is, you just need to come to the insurance company where your liability is insured and make changes to the policy. As a result, you will either be issued a new policy (with the same validity period, of course) or changes will be made to the existing one (on the back of the policy in the “Special notes” column).
What happens if you don’t change your insurance information about changing your license or changing your last name?
Perhaps the most important questions regarding making such changes are whether there will be a fine if they are not made, and, most importantly, whether payment will be refused or possible recourse from the insurance company in the event of an accident. It would seem that we are obliged to make changes; without such changes, the MTPL policy is invalid.
But the fact is that in our country, fortunately, any right is clearly divided with a document confirming such a right. For example, if a driver does not have a driver’s license, it is prohibited to fine a driver for not having the right to drive, although a driver’s license confirms the right to drive. The same applies to MTPL insurance - the incorrectness of the data indicated on the paper called the “policy” does not in any way affect the fact that the driver has insured his motor third party liability.
Calculate the cost of your MTPL policy
And this is quite logical - changing the driver’s data does not in any way mean that the driver has become someone else. Also, changing such insignificant data will not even allow you to doubt the authenticity of the drivers or policyholder included in it. Moreover, when replacing rights, the new rights indicate the series and number of the old rights. When you change your last name and along with it your passport, the new passport indicates the series and number of the old passport, with which you can check the fact of the last name change.
Therefore, if you do not change the information in the insurance about replacing your license or changing your last name, this will not entail either a refusal to pay or a recourse. Also, not a word is said about this in the Federal Law “On Compulsory Motor Liability Insurance”.
The question regarding the fine for failure to make changes to the policy in connection with a change of driver's license or surname is also clear - there is no fine for this. The fine is provided only for the driver’s failure to fulfill his obligation to insure his motor third party liability, and in this case the driver has insurance.
The article was written based on materials from the sites: avtoudostoverenie.ru, revizorro.ru, yuridicheskayakonsulitatsiya.ru, proavtopravo.ru, autotonkosti.ru.
One of the most common commercial transactions. When purchasing a new car, MTPL insurance is issued to the purchaser and those persons who will be entrusted with driving the vehicle. Or on employees of the company who owns the car.
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An ambiguous situation with insurance arises when purchasing a car on the secondary market. In this case, the car and its previous owner are already insured. The question arises: can the new owner take advantage of the insurance available to the seller without entering into a new contract with the insurance company?
Mandatory services for the car and driver under the new rules
On March 28, 2017, amendments were made to the law on compulsory motor liability insurance (), which are currently in force and regulate all the rights and obligations of the parties to the insurance contract regarding insurance compensation.
This law has not changed the procedure for issuing insurance policies, their validity period and the procedure for issuing, amending or terminating at the initiative of the policyholder:
- The main types of insurance are (compulsory motor third party liability insurance) and (vehicle insurance against theft, theft or intentional/negligent damage), which can be purchased online.
- The conclusion of a CASCO insurance contract is voluntary and depends solely on the wishes of the owner, while OSAGO is mandatory for all car owners who want to have it not only as an exhibit in the garage, but also to drive it on the streets. In case of an accident.
- You can drive a vehicle with a speed limit of no more than 50 km/h.
Should I change my life insurance?
- Life/health insurance is not a mandatory condition for an individual to be allowed to drive a car.
- With the exception of certain categories of citizens whose activities are associated with sources of increased danger or occupational risk to life, they are subject to compulsory insurance at the expense of employers.
- Driving a motor vehicle is not included in the special risk category. Therefore, if the new owner of the car has previously insured his life, this insurance will apply for the entire period. Regardless of whether he is the owner of the vehicle or not.
Life insurance has nothing to do with granting the right to manage. In the same way, the sale of a car is not a basis for demanding termination of the insurance contract and payment of compensation for the unused period from the insurance company.
Rights under personal life insurance cannot under any circumstances be transferred from the previous owner of the car to its buyer.
The new owner, who fears for his life in connection with driving a vehicle, must personally appear at the insurance company and conclude an insurance contract in his name.
The motive for concluding a contract is not significant, but ownership of a vehicle and driving experience (obtaining a license) affect the calculation of its cost and the amount of insurance compensation.
Is it possible to re-register OSAGO for another car?
The most difficult and ambiguously resolved question is whether it is possible to transfer a valid contract from the previous owner to a new one when concluding a contract for the sale and purchase of a car. The cost of compulsory motor liability insurance is very significant for some categories of car owners and they are not ready to sacrifice the funds paid when the need for insurance disappears.
Therefore, they are looking for all possible ways to include the cost of insurance in the price of the car, negotiating with the buyer how to transfer the current contract.
Establishes that only the owner of the vehicle can be the insured in relation to motor third party liability.
This is due to the fact that it is not the property – the car – that is insured, but the liability of the vehicle operator for failure to comply with traffic rules, causing damage to other vehicles or road users while driving the vehicle. Therefore, it is impossible to transfer your share of responsibility under the contract to an outsider.
The answer is unequivocal - when re-registering (registering) the rights to a newly acquired car, the MTPL agreement is subject to a new conclusion.
Or significant changes are made to it that make it possible to identify the policyholder as the owner of a specific vehicle. In other words, the data in the MTPL agreement and the technical passport of the vehicle must match.
But the buyer and seller need to think about how best and more profitable to change or conclude an agreement. There are three options:
- Conclusion of a new contract by the buyer with the insurance company of his choice that provides services regarding motor third party liability insurance.
- Termination by the seller of an unexpired MTPL agreement with payment of compensation for unused days.
Re-registration of an existing contract from the seller to the buyer, without payment of compensation:
- In this case, we are talking about the assignment of rights. But not all insurance companies are willing to make such changes. This is not beneficial for insurers. When a new contract is concluded, they receive the full value of the contract. Upon termination, 20-23% of the funds to be reimbursed for unused insurance time are withheld.
- If the contract is reissued to a new owner, the insurance company receives nothing. So the insurance money has already been paid by the previous owner.
- The new owner will be able to use the contract until its expiration. And no one fully compensates for the costs of re-registration.
The algorithm of actions of the buyer and seller for different options is different.
If the buyer previously owned a car that he sold before purchasing a new one, then:
- All he needs to do is contact the insurance company that issued the insurance with an application to enter (change) data relating to the vehicle;
- the contract will not be terminated. It will be executed before the deadline indicated in it, only the data identifying the vehicle will be changed;
- in the same way, when purchasing a second or subsequent cars into the ownership of the same car owner, it is not necessary to conclude a second and subsequent contracts;
- Data about the newly purchased car is added to the current contract. When managing any of them, the contract will be valid.
A less legal way is to keep the current insurance issued to the previous owner in the event that the previous owner agrees to the buyer driving under his contract.
In this case, it will be necessary to contact the insurer and record a mutual agreement. Insurers rarely enter into such deals because problems arise with the payment of insurance compensation.
The paradox is that in the event of an accident, the amount of compensation must be paid to the previous owner of the vehicle, who no longer has anything to do with the sold car and is not a participant in the insured event.
And the direct culprit of the accident, the new owner, will, of course, demand compensation for him. This inevitably gives rise to legal disputes, participation in which is burdensome for insurers.
Procedure and timing of the procedure
If the insurer agrees to reissue the existing MTPL agreement, then both parties to the purchase and sale agreement must come to the company’s office and provide all the necessary documents.
The period for drawing up a new contract is usually 2 days.
In the new copy of the agreement:
- The column “owner” is changed. The details of the new owner are entered into it.
- in the column “persons allowed to drive a vehicle” there will already be two names: the previous and new owners
- the policyholder remains unchanged. That is, until the expiration of the contract, the seller will be considered the policyholder, as the person who entered into the contract.
After making these changes, the buyer compensates the seller for the cost of the last unused days remaining before the expiration of the insurance period.
But, as mentioned above, such a transfer of rights gives rise to conflicts when paying insurance compensation. Therefore, it depends solely on the integrity of the seller.
Cost of OSAGO
The cost of re-issuing a policy has been established. Only the base rates change annually. When re-issuing an insurance policy, the insurer is guided by the Basic Rates.
The largest market players, such as Sogaz, Alfa-Strakhovanie, Rosgosstrakh, adhere to these tariffs. Tariffs apply both when concluding a new contract and when registering a previously concluded one in connection with a change in the owner of the vehicle.
Table 1. Engine power.
| Class at the beginning of the term | Coefficient | End of term class | ||||
| 0 NE | 1 SV | 2 SV | 3 NE | More than 3 SV | ||
| M | 2,45 | 0 | M | M | M | M |
| 0 | 2,3 | 1 | M | M | M | M |
| 1 | 1,55 | 2 | M | M | M | M |
| 2 | 1,4 | 3 | 1 | M | M | M |
| 3 | 1 | 4 | 1 | M | M | M |
| 4 | 0,95 | 5 | 2 | 1 | M | M |
| 5 | 0,9 | 6 | 3 | 1 | M | M |
| 6 | 0,85 | 7 | 4 | 2 | M | M |
| 7 | 0,8 | 8 | 4 | 2 | M | M |
| 8 | 0,75 | 9 | 5 | 2 | M | M |
| 9 | 0,7 | 10 | 5 | 2 | 1 | M |
| 10 | 0,65 | 11 | 6 | 3 | 1 | M |
| 11 | 0,6 | 12 | 6 | 3 | 1 | M |
| 12 | 0,55 | 13 | 7 | 3 | 1 | M |
| 13 | 0,5 | 13 | 7 | 3 | 1 | M |
Package of documents
To reissue an MTPL policy when selling a car, you need a minimum of documents:
- Identity documents.
- An original copy of the purchase and sale agreement.
- Original insurance contract.
- Technical passport for the vehicle transferred under the contract.
- Write an application in the prescribed form.
Fines for non-compliance with the law
In 2019, traffic police fines are provided for the incorrect use of a compulsory motor liability insurance policy in the following cases:
- Fine for forgotten policy.
- Fine for using compulsory motor liability insurance for an unspecified period of time.
- Fine for a driver who is not included in the insurance.
- Penalty for expired insurance.
