Do I need a power of attorney for a car if it is included in the insurance (MTPL), is it possible to drive a car?

What documents should a driver have?

When using a vehicle, the driver should always have a set of certain documents with him. Standard list of papers that a traffic police officer may request during an inspection:

driver's license;
vehicle passport;
compulsory motor insurance policy - OSAGO.

In cases where the car is not driven by the owner, in the absence of the owner, a power of attorney may also be attached to these papers. When renting (hourly or long-term), it is the agreement with the company that is the document transferring the right to represent the interests of the company from the insurer.

Best lawyers

LEXFORT

Lawyer

Legal services, Conducting cases in courts, Registration / liquidation of enterprises (6 areas)

48 ratings

More details

Good Expert

Lawyer

Legal services, Conducting cases in courts, Auto examination (4 directions)

169 ratings

More details

Motorists Rights Protection Service

Lawyer

Legal services, Property valuation (2 directions)

30 ratings

More details

Your Honor

Lawyer

Legal services, Conducting cases in courts, Accounting services (11 areas)

86 ratings

More details

Do you need a power of attorney to drive a car?

Let's consider several typical situations related to driving and operating a car. Depending on the case, a power of attorney may or may not be required.

As a general rule and in accordance with traffic regulations, driving a car is permitted to all persons included in the MTPL policy. And if insurance was purchased without restrictions, then by all people who have a driver’s license. However, articles of the Civil Code reflecting the rules for the use of other people's property conflict with the above information.

When transferring rights to a vehicle to third parties, it is recommended to document this process. The list of powers and capabilities associated with the machine is determined by the owner. A power of attorney to represent the interests of individuals in an insurance company is drawn up in writing.

It is important to know! Changing the document to provide interests can be done in .

If the driver is registered with OSAGO

From the point of view of legislation, if a person is indicated in the insurance policy, then it is not at all necessary to issue a power of attorney for him to drive a car. However, in order to avoid negative consequences, you can do it just in case. For example, if an accident occurs, it is the owner who will be held responsible.

So, if the driver is included in the insurance policy and was stopped by a traffic police officer for control, then he has no right to ask for a power of attorney. It is believed that if the owner, when taking out insurance, indicated a specific person in the policy, this means full trust in this person to operate the car.

When answering the question of whether a power of attorney is needed for a car if it is included in the insurance, we note that such a document is preferable, but not necessary.

If not covered by insurance

Only the person specified in the insurance has the right to drive the car. Even if the owner is nearby in the passenger seat, the traffic police officer is authorized to fine the owner of the car.

Having a power of attorney to represent the company's interests in the insurance company and operate the vehicle does not exempt you from the need to add the driver to the policy. By law, the inclusion of everyone who will drive the car in the document is mandatory.

If the policy is not limited

More nuances arise in cases where compulsory motor liability insurance is without restrictions. In this situation, anyone can use the car. On the one hand, traffic police officers only request documents for the car. But on the other hand, in accordance with the Civil Code of the Russian Federation, the transfer of property to a third party, including a vehicle, is permissible through an official certificate - a power of attorney to the insurance company.

Do you need a power of attorney for a car if the insurance is unlimited?

There are no questions regarding powers of attorney if OSAGO is limited and the owner is registered in it. But if the policy has no restrictions, then the name of the owner of the vehicle will not be reflected in it.

For a sample payment order for VAT penalties from KBK in 2021, see the article: KBK VAT penalties. What is the fine for curtains on car windows? Read here.

This means that it is logical for doubts to arise as to whether a power of attorney is needed. Previously, a power of attorney had to be issued even if there was insurance without restrictions.

It was believed that this would protect the car from theft. But, as practice has shown, such a document is not difficult to forge.

The information in the power of attorney is reflected by the fraudster himself. And this complicated the search for the missing vehicle.

If a traffic police officer stopped the owner of a car with a false power of attorney, he could have let him go, since he had no way to verify the accuracy of the data.

How are things now? Since 2012, driving a car can be done without a power of attorney.

All the driver must have is:

driver's license;
a certificate that confirms the registration of the car;
sample permit for transportation of passengers and luggage;
OSAGO, where the driver’s name is indicated (if it is not a policy without restrictions).

Since the power of attorney was no longer necessary, families with cars felt relief. But sometimes only the owner or an authorized representative has the right to use the vehicle.

If you have insurance for which there are no restrictions, then a power of attorney may be needed in this case:

if the car is registered;
if the car is removed from such registration;
if there is a need to pick up a car from a impound lot;
if the vehicle undergoes technical inspection.

If you are going to travel outside the country, then even if you have compulsory motor insurance without restrictions, you need a power of attorney.

Moreover, it must be certified by a notary office. These rules do not apply to persons traveling to Kazakhstan or Belarus.

There are several other situations where a power of attorney may come in handy. For example, when taking out insurance and receiving payments upon the occurrence of an insured event. So, changes in legislative norms did not abolish powers of attorney completely.

Such a document is not needed when driving someone else’s car, but will be needed when registering the car or when deregistering it. Such documentation is not required anywhere else.

If a motorist gets into a traffic accident, the inspector will write down information from the driver’s ID card.

If such a person does not have a passport, he may be arrested until his identity is established. It takes no more than 3 hours.

That is, in some cases, the absence of a power of attorney can lead to troubles that could have been prevented. Therefore, most drivers prefer to carry a power of attorney with them.

So, the conclusion can be drawn as follows: with unlimited insurance, the mandatory execution of a power of attorney is not required. But it’s better to get it, so that it’s easier when controversial situations arise.

Let's look at several cases in more detail. If a driver is stopped while intoxicated, they may attempt to issue a protocol to the owner about handing over the car to a drunken person.

Such a document is sent to the judge, who has the right to deprive the driver’s license for 2 years. An additional fine is imposed in accordance with Part 2 of Art. 12.8 Code of Administrative Offences.

If the owner proves that the keys were handed over to a sober driver, then no punishment will follow. A power of attorney can prove this fact.

The second point explaining the importance of issuing a power of attorney is that, regardless of the type of insurance (limited or not), the driver is responsible for using the vehicle as a vehicle, which has an increased danger.

If damage is caused to anyone while using the car, then the owners and owners of the car will be responsible. It doesn't matter who is to blame.

So, if a driver hits a pedestrian who is crossing the road in the wrong place, the pedestrian will compensate for the damage caused to the car. But damage to the health or property of a pedestrian will be compensated by the owner of the vehicle (Article 1079 of the Civil Code).

As you can see, it is not the driver who will suffer, but the owner. And you will have to defend your case again in the judiciary. This once again proves that a power of attorney is needed.

How to draw up a document

A power of attorney to drive a car can be issued in a simple form. That is, it can be written on any paper. But it is important to reflect all the essential points.

You can't miss a single must-have item. On the Internet you can download a blank power of attorney form in A4 format, which the owner will fill out.

What should be indicated in the document:

Who is the trustee	Passport details
Which vehicle is trusted?	License plate number, make and model of the car, when the car was produced, identification numbers and other information that will allow you to identify the car. Information is copied from the certificate received upon registration
Who can trust the car?	Also information from the identity card
What rights will the trustee receive?	Management, representation of the owner’s interests in the traffic police department, etc.

In the document, the principal can specify how long he will act.

How long is it valid for?

An important point is that the document indicates exactly when it was issued. If such information is not provided, the power of attorney is considered void. The principal also needs to sign.

If the validity period of the power of attorney is not specified, it means that it is valid for a year from the date of its issuance.

If the deadlines are reflected, then the document is valid until the specified date. The maximum validity period of powers of attorney is not limited.

There are situations when a power of attorney can be revoked. But the owner of the car must notify the authorized person about such a decision. Then the driver returns the document.

The document will automatically be considered invalid if the trustee or the trustee dies or loses legal capacity.

Is it possible to do it orally?

The Civil Code states that the owner can entrust a vehicle by power of attorney. And it must be presented in writing.

A power of attorney is a written authority issued by one person to another person for representation before a third party.

Additionally, the document may specify what right the owner of the car receives - to register it, drive it, etc.

In what case does a third-party driver need a power of attorney?

A third-party driver will need a power of attorney if he is the one who will carry out bureaucratic procedures with the vehicle. The most common reasons for its registration include:

car driving;
registration of documents for the car, in particular OSAGO and CASCO policies;
undergoing regular technical inspection and carrying out vehicle repairs.

So, if the car is transferred to one degree or another to a third party, then the owner is obliged to transfer the rights in a documented manner by issuing a special certificate. When clarifying whether a power of attorney is needed to drive a car if it is included in the insurance, we note that it is recommended for implementing a number of procedures with the vehicle.

Is it possible to issue compulsory motor liability insurance by power of attorney?

An authorized representative of the car owner can issue an MTPL policy, as stated in Art. 185 of the Civil Code of the Russian Federation. To confirm the status of a representative, the policyholder will need a power of attorney containing a number of information.

Vehicle data . Parameters of the car to be insured. The make and model of the vehicle, body type, state and VIN number are indicated. When working with specialized transport, additional details related to its technical features may be required.
Information about the authorized person . Passport details of the car owner's representative.
Information about the principal . Passport details of the vehicle owner.
Trustee's rights . List of operations that can be performed by proxy.
Duration of the power of attorney . Optional information. In the absence of a specific period, the power of attorney is considered issued for a year.

The power of attorney form does not have a set template. To quickly obtain it, you can use the Internet.

How to register correctly

In the process of drawing up a power of attorney, it is important not only to comply with all the conditions, but also to think in advance about the list of rights transferred to a third party. Paperwork is acceptable both at a notary office and at an insurance company. In the second option, it applies exclusively to the receipt and use of the policy.

The documents required to draw up a power of attorney include:

Standard form, a sample of which can be found online.
Passports of both parties.
Papers for the vehicle.

Both parties must be present when signing the document. The notary has a power of attorney for the insurance company to provide interests and a sample application. A handwritten version of a general power of attorney is acceptable and will be valid in the event of an accident. After calling the traffic police, the culprit must provide his insurance contract. Written certification by a notary is a standard requirement.

Why do you need a power of attorney to represent interests in an insurance company?

A power of attorney is an official document drawn up in accordance with the rules of law. It may be required in cases where the owner does not visit the insurance company himself.

In practice, it is compiled in two cases:

The owner of the car cannot physically be present at the insurer’s office due to health reasons, lives in another country or is in prison.
The owner purposefully transferred the rights to use the vehicle to a third party, moreover, we are talking about driving the car and/or carrying out a number of other procedures.

When drawing up the document, you must strictly follow the filling example and include all the basic points. If one of the components is missing, the paper is considered invalid. A sample power of attorney for an insurance company for an individual can be found on the Internet.

power of attorney for the right to drive a car 2021

The document is drawn up with a complete list of persons authorized to manage the fund. The registration procedure depends on the purpose of obtaining the permit. It takes a few minutes. A win-win option is to issue a policy via the Internet. To issue a power of attorney online, new sample forms are available on official resources. They are not for sale, and are ready to be filled at any time of the day.

The car owner first downloads, then prints and fills out all sections of the form manually. The form of the electronic document looks like a regular ID. What is indicated on the form:

Date of issue of the power of attorney.
Information about all owners and persons authorized to drive a car.
Duration of the underlying policy.

Expert opinion

Mironova Anna Sergeevna

Lawyer and lawyer for automobile law. Specializes in administrative and civil law, insurance.

You cannot provide false information. Errors and corrections are not allowed in the text. The form must indicate the details of the movable property: the model and make of the car, its number assigned at the time of registration, color and main characteristics.

Penalties

Having a power of attorney is not always a mandatory requirement when it comes to simply driving a car. The main thing is that the driver is included in the insurance policy.

Attention! If a violation is discovered during the inspection, the State Traffic Inspectorate employee has the right not only to issue a fine, but also to take the vehicle to the impound lot. In this case, in order for the car not to be towed, the owner himself must come.

A sample power of attorney to an insurance company from a legal entity is available on the website of such organizations as Alfastrakhovanie, Ingosstrakh, Reso, VSK, Sogaz.

If the car owner entrusts the purchase of an insurance policy to a third party, then this must be documented. A similar rule applies to the operation of the machine. The paper must be prepared in accordance with the standards and include all the basic points.

When answering the question of whether a power of attorney is needed to drive a car if it is included in the compulsory motor liability insurance policy, one can answer in the negative, since this rule is established at the legislative level.