Features of driving your own, someone else's, company car with a power of attorney - is it possible to drive without it and for how long?

Fine for driving without insurance in someone else's car

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Having an MTPL insurance policy is a mandatory requirement for all motorists. The purpose of this insurance is to compensate third parties for losses resulting from an accident that was your fault. But very often, some drivers either forget to issue a car insurance policy in a timely manner, or even drive someone else’s car and believe that the owner’s insurance is sufficient. However, it is not. What does the legislation say about this, and what responsibility awaits the violator?

How to legally drive someone else's car in 2021?

So, the owner of the car entrusts his property to another person. At the same time, the legislation establishes that this other person owns the car on the basis of trust from the owner. That is, the owner and owner of the car can be different people.

At the same time, the transfer of a car can also be oral (although the Civil Code of the Russian Federation establishes exclusively a written form of power of attorney).

But the most important thing is that you, as a driver driving a car that is not your own, do not need to prove in any way the right to own this car, either during a routine stop by a traffic police officer, or if you are involved in an accident in someone else’s car. The main thing is that you have documents to be able to drive it.

In standard cases, the list of these documents includes only 3 (clause 2.1.1 of the traffic rules):

• registration certificate for someone else’s car (given to you by the owner),
• MTPL insurance transferred by him, where you must be entered as a driver allowed to drive (column No. 3 of the policy), or it must be unlimited,
• your driving license of the appropriate category.

The obligation to submit a written power of attorney from the owner to a road inspector for inspection was abolished 10 years ago.

Actually, the consequences of a traffic accident depend on the specified conditions for the legal ability to drive another person’s car, which we will discuss below.

What is the fine for driving without insurance in 2021 in someone else's car?

Driving without MTPL insurance in someone else's car, according to the current legislation of Russia, threatens with a fine of 500-800 rubles. It is issued in the name of the “caught red-handed” driver. The minimum amount is assigned if the driver was driving without a policy, but he had a compulsory motor insurance policy (he was simply left at home or at work, or lost). To avoid sanctions, prove to traffic police officers that you have completed the insurance procedure by providing the insurer’s details, insurance agent’s phone number, contract number, etc. The maximum amount is provided in the absence of a document.

Since 2015, the availability of a policy is determined by police using an electronic database. It also allows you to determine what kind of insurance is provided to traffic police officers - closed, that is, expired, or valid.

The law also provides for such a sanction as a warning (Article 12.3 of the Administrative Code). The punishment is determined by the traffic police officer on the spot, depending on the circumstances. For the first time, the driver can “get off” with a warning. The police officer's decision included in the resolution can be appealed in court.

What sanctions are provided by law for the owner of a vehicle who has not issued compulsory motor liability insurance if another person is driving his car? A fine for driving without insurance is issued only in the name of the driver whom traffic police officers caught driving someone else’s car.

Apart from a fine, the police cannot impose any sanctions against him. Although even before 2014, traffic police officers were given broad powers: for driving without compulsory motor insurance in someone else’s car, they could remove license plates, tow the car and apply other enforcement measures. In 2021, police officers no longer have the ability to restrict the use of someone else’s vehicle. If you have two other mandatory documents (license and registration certificate), then a fine is the maximum penalty.

What to do if you have an accident but are recognized as the injured party?

In this case, the actions immediately after the accident are the same as if it were your car:

1. stop and do not move the car and other objects related to the accident,
2. put up an emergency sign,
3. turn on the hazard warning lights,
4. decide whether you can apply for a European protocol (you must be included in the current insurance) or call the traffic police,
5. and other duties depending on the presence of injured or dead (clauses 2.5-2.6.1 of the Rules)

However, the difference in this case will be in the further settlement of losses caused as a result of such an accident. So, you will be the injured party in this accident in any case.

However, either only the owner or you together will apply for compensation for damage - both to the insurance company if the culprit has a valid compulsory motor liability insurance, and for a direct demand for compensation in the absence of insurance. It depends on the nature of the damage:

• if the damage was caused only to someone else’s car, which you were driving, then in this case the beneficiary is exclusively the owner, since damage was caused to his property,
• If, as a result of an accident, your health is damaged, then you are also a beneficiary (your health).

In the second case, you need to write 2 applications to the insurance company (you need to apply for compulsory motor liability insurance to the insurer of the culprit). Or, if the culprit did not have insurance, then the person causing the harm is presented with 2 demands: from you and the owner of the car.

The only time you have to pay!

There is still one situation when you will face civil liability even if you are not at fault in an accident committed in someone else’s car.

This is compensation for material and moral damage to these cars as a source of increased danger. Such liability arises when harm is caused to a pedestrian, passenger or cyclist. And the basis here is Article 1079 of the Civil Code of the Russian Federation, according to which the driver is obliged to compensate for damage as the owner of the source of increased danger on the road.

But even in this case, compulsory motor liability insurance applies: if the car in which, for example, a pedestrian was hit, had valid insurance, and you are included in it as an authorized driver, then the insurance company will compensate for the material damage. But the moral one is that you are still the owner of the car at the time of the accident (subparagraph “b” of paragraph 2 of Article 6 of the Law on Compulsory Motor Liability Insurance).

What happens if you get into an accident in a car that is not yours and become the culprit?

If you have an accident not in your own car and have met all the above conditions for having the right to drive it, then the liability, as well as the consequences for compensation for damage, are almost the same as if it were your personal car.

And these consequences can be of 2 types:

1. administrative or criminal - a fine, deprivation of rights or other punishment directly for a violation that you committed in someone else’s car, which led to an accident (that is, we are talking about liability for corrective purposes),
2. civil is a fair obligation to compensate for the damage caused if you were the culprit of such an accident not in your own transport.

Is there a fine or deprivation of rights for this?

There is no separate liability just because you were driving a car that was not your own. Of course, we are again talking about whether you have a driving license (w/w, STS and OSAGO), otherwise there will be fines regardless of the presence of an accident.

If you are involved in an accident in 2021 - regardless of whose car it is in, liability can only be:

• for a traffic violation that caused an accident (for example, you drove through a red traffic light and received a fine of 1,000 rubles),
• a fine or for the presence of victims in an accident (Article 12.24 of the Code of Administrative Offenses of the Russian Federation),
• or criminal liability for serious harm to health or death of people if you are guilty (Article 264 of the Criminal Code of the Russian Federation).

Important note!

• This article describes the basic principles of how legislation works. Meanwhile, in judicial practice everything depends on specific circumstances.
• In 96% of all cases there are subtleties that can affect the outcome of the entire case.
• Therefore, we recommend entrusting the matter to professionals who will study your business and select the right winning strategy.

The TonkostiDTP website employs professional road accident lawyers with experience in all major types of disputes (MTPL, guilt, administrative penalties).

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Liability for damages

If you get into an accident in someone else’s car, in which you are found to be at fault, you will also be required to compensate for the damage caused. At the same time, this obligation is removed if your liability is insured under MTPL.

Here we will also not discuss another situation that was discussed in one of the previous articles - if you were involved in an accident in a company car.

However, it is removed conditionally or partially, taking into account 2 important circumstances of the 2021 legislation. We talked about the first above - this is compensation for moral damage, as well as in case of damage to property or under the conditions that are listed in paragraph 2 of Article 6 of the Federal Law-40 (if damage to someone else’s car was caused, for example, during a competition or caused to the environment ).

But let's talk a little more about the second one!

Fineness with compensation for the difference in wear

The point here is that insurance companies calculate damages under compulsory motor liability insurance taking into account the wear and tear of the car you were driving. The older the car, the higher the wear percentage when calculating. True, this wear and tear is considered when making payments - if the owner was sent for repairs, then everything should be calculated without him.

However, the Constitutional Court ruled several years ago that the right of the victim to full compensation for harm must be present regardless of the presence of wear and tear in the calculation. At the same time, the court indicated that in this case it is possible to claim the difference between the calculation with wear and tear and the real market cost of repairs from the tortfeasor - that is, from you as the driver who caused the accident in a vehicle other than his own.

But here there are a number of important subtleties.

• The victim must prove that the cost of actual repairs was higher. That is, simply calculating an independent examination in judicial practice in 2021 is not suitable for this. You will have to show real receipts and expense reports.
• If the damaged car was sent for repairs, then the calculation should have been without wear and tear - that is, there can be no difference then, and there is nothing to collect from you.
• There is a recent ruling by the Supreme Court of the Russian Federation regarding the case when depreciation should not be taken into account in the calculation when paying. This is when a payment in money is made without justification.

If you have an accident with your own car without insurance - what is the penalty?

This situation should be considered in 2 different situations, the consequences of which differ in nature:

1. if you were not included in the insurance policy of someone else’s car, but the insurance was still valid,
2. if there was no compulsory motor liability insurance on the car at all.

If not included in the policy

In this case, you will face 2 measures of responsibility:

• administrative in the form of a fine of 500 rubles from the visiting traffic police officers for an unregistered driver (part 1 of article 12.37 of the Administrative Code),
• recourse claim from the insurance company.

Regress for a driver not registered in the compulsory motor liability insurance becomes possible due to subparagraph “d” of paragraph 1 of Article 14 of the Federal Law on Compulsory Motor Liability Insurance. That is, the insurance company in this case compensates the damage to the injured persons in full, and then demands the entire amount from the driver who is not driving his own car and is not included in the policy.

We also recommend that you read the other subparagraphs - the grounds for recourse from this provision of the law, because recourse is most often the most significant amount of possible costs in the event of an accident. Moreover, please note that even if the owner himself drives his own car, he may also not be included in the insurance.

If there was no insurance at all

In this case, the consequences are the same, but their size may be slightly different:

• the fine will no longer be 500, but 800 rubles – under Part 2 of Article 12.37 of the Administrative Code,
• and you will have to compensate for the damage yourself from your own pocket - MTPL insurance does not work here, even if the victim had it (after all, with this type of insurance, the risk is not personal property, but the driver’s liability).

But in the latter case there may be options. So, if the victim’s car is insured under Casco, then he can already contact the insurance company. She will compensate him for the damage, and then, in the procedure of so-called subrogation, will recover the amount paid from you.

In addition, a kind of extension of the MTPL policy has recently become popular - when additional insurance is purchased to the standard policy, which protects against situations where the person at fault for the accident does not have valid insurance. In this case, the insurer also compensates for the damage to the beneficiary, but then claims it from you.

What happens to driving a car without insurance in the presence of the owner?

Driving someone else's car without insurance in the presence of the owner will also not cost you a fine of 500 rubles. for the person driving. After all, the Law on Compulsory Motor Liability Insurance has been violated, since the driver’s civil liability is not guaranteed in any way.

You can avoid paying money by drawing up a free use agreement. But when checking, it should be discovered that it was issued less than 10 days ago. This period is allotted for making changes to the MTPL, that is, adding a new driver to it in accordance with paragraph 2 of Article 4 of Law No. 40-FZ:

When the right to own a vehicle arises (acquiring ownership of it, receiving it for economic or operational management, etc.), the owner of the vehicle is obliged to insure his civil liability before registering the vehicle, but no later than ten days after the right to own it arises.

This means that during this time you can drive without a policy in the presence of the car owner.

Resolving the consequences of an accident in someone else's car is not much more difficult than an accident in your own, if the driver has all the documents. The problems in this case increase many times over when a person drives a vehicle that does not belong to him without a license or insurance. They will certainly affect not only compensation payments, but also human relations between the driver and the owner. Therefore, you should not get behind the wheel of a vehicle belonging to another vehicle without legal grounds.

If you were without a driver's license?

This does not matter in terms of compensation consequences. With the only subtlety that if you do not have the right to manage, then there will be recourse from the insurer on the basis of subparagraph “c” of paragraph 1 of Article 14 of the Law on Compulsory Motor Liability Insurance.

But for driving someone else’s car without a driver’s license, you also face administrative liability. And it depends on the specific reason for your lack of rights:

1. if you have never received them or do not have the required category to drive someone else’s car, then the fine will be from 5 to 15 thousand rubles under Article 12.7 of the Code of Administrative Offenses of the Russian Federation,
2. if you are deprived of your license, then the traffic police fine increases to 30 thousand (part 2 of the same norm of the Code of Administrative Offenses),
3. if you simply forgot them at home, then there will be a “symbolic” 500 rubles under Article 12.3 (and recourse here will be illegal).

But another fine threatens the owner who allowed a person without a driving license or deprived of such a right to drive his car. He will be charged 30,000 rubles for the transfer of control (Part 3 of Article 12.7).

Punishment for a drunk driving someone else's car

A drunk person caught driving someone else's car will receive the following punishments:

• A fine of 30 thousand rubles if a person has a driver’s license and did not have time to commit an accident with serious consequences, providing for the application of criminal penalties. The car will be confiscated and sent to a special site. The sanction is provided for in Part 1 of Article 12.8 of the Code of Administrative Offenses.
• Fine of 30 thousand rubles. or arrest for a period of up to 15 days if the driver has never had a driving license or was deprived of the document by the court. This punishment is provided for in Part 3 of the same article for those who have not committed actions falling under the Criminal Code. The car will also be taken away.

The owner of the vehicle may be punished for transferring control to a drunk person. For him there is part 2 of article 12.8 of the Code of Administrative Offenses:

Transferring control of a vehicle to a person who is intoxicated shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.

To avoid punishment for handing over a car to a drunk driver, the owner will have to prove that he was driving in this state without his knowledge. If the owner was not in the car at the time of the arrest, this is quite easy. After all, the driver could have been sober at the time the car was handed over. And if he has rights, he is included in the compulsory motor liability insurance, there is nothing to punish the owner for, he has not violated the law. Only the person who drove the vehicle after drinking alcohol will bear responsibility.

It’s a different matter when the owner of the car is in the car next to a drunk driver. Here punishment under Part 2 of Article 12.8 cannot be avoided. And it doesn’t matter who the owner of the car and the driver are to each other. For handing over the steering wheel to a drunken spouse, the penalty is the same as for handing over the control to a stranger who is not included in the insurance. Only in the second case there will also be a fine for lack of compulsory motor insurance.

If you fled the scene of an accident in someone else's car?

In this case, the judicial practice of 2021 works in such a way that if the person who caused the harm is unknown, due to the fact that he left the scene of the accident, the owner of the car is responsible. This practice has been established thanks to the same article 1079 of the Civil Code of the Russian Federation.

And please note again that this is only in the case when the culprit - the driver of the wrong car - is not clear. At the same time, the materials of the accident case must contain evidence of the involvement of this car itself in this accident.