OSAGO legislation is regulated by two main legal acts: the Federal Law of the same name and the Insurance Rules. Both of them regulate the possibility of insurance under OSAGO of a car, not by its owner. Is it possible to make OSAGO insurance without the owner of the car, how to get it in this case and what is needed for this? Let’s talk about everything in order!
The answer to this question is given to us by the Federal Law “On OSAGO” in its very first article. This regulation provides for as many as three statuses of persons who in one way or another may be related to insurance:
- car owner,
- its owner,
How do they differ from each other? It’s simple: the owner is the one to whom the car belongs under the contract of sale, to whom it is registered in the traffic police; the owner manages the car at a given time (for example, manages it on the right of trust from the owner), but is not, of course, its hijacker; and the insured is the one who insured the car under OSAGO.
By the way, the quote also mentions the insurer. Everything is also simple here – this is directly an insurance company.
It follows from the information above that the policyholder does not have to be the owner and even the owner of the car. And both legal acts indicated at the beginning of the article do not contain a single prescription that only the owner can make insurance.
Thus, it is possible to ensure a car without an owner.
The subtleties of insurance without a host when visiting an insurance company
The insured, if he applies to conclude an OSAGO agreement without an owner, will need a standard package of documents. This package is the same as if the car was insured by the owner himself, and includes the following documents
Statement Written by hand, you can write directly to the insurance company.
The passport You will need the passport of the insurer. But just in case, you can take a copy of the passport of the owner of the car with you.
Driver’s license Owner’s driver’s license, if allowed to drive will be an unlimited number of drivers; or to/from each driver who will be included in the insurance.
Diagnostic card Often it is done directly by insurers, and it is valid for 2 years, therefore it may not be needed if the previous one was obtained less than 2 years ago and is valid at the time of the conclusion of the contract, regardless of its expiration before the end of the contract being concluded.
This is an exhaustive list of documents with which you can make insurance without the owner of the car. But still, if the opportunity and principles allow, it is worth taking a copy of the car owner’s passport with you just in case, since in rare cases incidents are possible (more often in cases of not very qualified insurance employees). As a result of their submission, you will simply be given a policy, where the owner and the insured will be indicated differently. Separate fields are provided for this in the policy form.
A power of attorney – neither notarized nor simple, is not needed to purchase insurance without an owner.
However, occasionally there are cases of illegal refusal of the insurance company if the insured is not the owner of the vehicle. In this case, you have a few options. You can change the company since there are many of them even in the most sparsely populated cities. The second option is to try to achieve justice by filming the refusal on video or by sending an application with the necessary documents by mail. Just keep in mind that the insurer has the right to consider applications by letters for up to 30 days (clause 70 of the Insurance Rules).
The subtleties of insurance without a host when applying for an electronic OSAGO
In the case of car insurance through the Internet, everything is even easier. Almost on all websites of insurance companies that allow you to make an E-OSAGO, there are also two separate fields in the data filling form: the owner and the policyholder, and they can be different persons.
Is it possible not to enter the owner and the insured in the list of drivers?
We also note that in any case, the fact that exactly acts as the insured does not affect the final price of the OSAGO policy. It is influenced by the experience, age, and accident-freeness of the entered drivers. But the policyholder may not be included in the insurance at all, just like the owner of the car – there is no such obligation in any clause or article of any legal action relating to OSAGO.
Is it possible to enter into the insurance of drivers without a host?
Since the insurer of the car is another person, then he can change the data in it upon application to the insurance company. Moreover, the owner himself can no longer do this. It is as if the policy were property, then the insured is the owner of this property, although the owner of the car still retains his rights, and the policy is closely related to this car.
To change the data in the insurance, you will have to visit the office of the insurance company or its agent. Even if the policy was issued electronically, it will not be possible to make changes to it via the Internet.
Who will receive the payout?
It would seem that the logic here is simple. Above, we indicated that the insured is, as it were, the owner of the policy, which means that he is a full-fledged candidate for all insured events (more precisely, not for all, but when you need to apply for a PES to your insurance company if you are innocent in an accident). But no, since OSAGO insures civil liability for damage to someone else’s property (as well as health and life), then compensation for property damage is reimbursed as losses incurred. And it is not the insured who bears the losses, but the owner of the car.