Is it possible to do compulsory motor liability insurance according to the law without having rights?
Yes, you can. And the point here is the subtlety of insurance legislation. Of course, you will not have the right to drive this car, even if you own it, since you do not have a license.
And the key to this possibility lies in a number of nuances:
- the owner, the policyholder and the person admitted to management - all of these can be 3 different people, and two of them may not have the rights to issue compulsory motor liability insurance,
- the right to drive does not need to be confirmed when purchasing a policy,
- but to be able to drive a specific car under a specific insurance policy, you must still have a driver’s license.
Procedure for registration of compulsory motor liability insurance
The main advantages of insurance and the required set of documents were discussed above. Next, you need to dwell on the procedure for obtaining insurance. Companies offer two types of insurance: unlimited and limited terms. The procedures for obtaining them are slightly different.
Unlimited policy
In this case, compulsory motor liability insurance assumes the inclusion in the insurance of an unlimited number of persons who will be allowed to drive the car, so it is not necessary to submit a driver’s license. However, this type of insurance has a number of disadvantages:
- High cost of insurance premium;
- There are no additional charges in cases of accident-free trips.
Experts recommend using this type of policy only if the owner does not have a driver’s license. As soon as the owner passes the driving test and receives the relevant documents, after the expiration of the policy, it is better to purchase a new one of a closed type, where it is possible to register yourself as the main driver of the vehicle. It is also worth remembering that although this type of insurance allows you to get it without a driver’s license, it is not a license to drive a car, and the owner does not become the driver. In case of violation, a fine is provided to the traffic police and administrative liability.
Limited policy
In another way, this type of insurance is also called closed. Here it is no longer possible to do without presenting a driver’s license, since the specific driver of the vehicle fits into the column. In this case, there is a way out of the situation: you can include a close friend or relative who has a driver’s license in your insurance. The owner himself will be able to add insurance to himself after receiving a driver’s license, and next year he will also be able to take out a compulsory motor liability insurance policy for himself.
It is necessary to take the choice of an insurer seriously if the owner himself does not have a driving license. The concluded agreement between him and the company gives the policyholder certain rights, which it is advisable to study in advance.
Will insurance be issued if the owner of the car does not have a license?
So, let's start with the basic question - you are the owner of a car, and you do not have a driver's license. In this case, will you be able to purchase compulsory motor insurance so that you can drive a car legally and without fines? Of course you can! And you have 2 ways for this:
- acting as the owner and policyholder, you can take out MTPL insurance without a license, but then you will not be included in the number of allowed drivers, and you will have to add someone else to the policy,
- The problem above is solved by obtaining an unlimited insurance contract - that is, when the number of allowed drivers in the policy is not limited.
But the common belief that the owner of a car must have a license is wrong. As of 2021, there is not a single law or other legal act that would oblige the owner of a car to have a driver’s license. Otherwise, this could be a condition for purchasing a car at all.
Here we should separate 2 different concepts:
- the right of ownership of property (movable or immovable - does not matter) - it is enshrined in the Constitution of the Russian Federation,
- the right to drive vehicles is a special right that is granted after successfully passing exams and is confirmed by a certificate (clause 2 of Article 25 of the Federal Law on Road Safety).
And no requirements or rules establish a mandatory relationship between these two human rights. Consequently, other laws cannot contradict those stated above and require the rights of the owner when concluding an insurance contract.
Let's look at 2 ways how you can apply for compulsory motor liability insurance without rights, with links to the official law.
Driver's license - only for registered drivers
Actually, when you come to take out insurance at the office of the insurance company or when filling out data on the insurer’s website when applying for an electronic policy, no one will ask you if you have a driver’s license. Just as no one will check the databases whether you have rights or not.
You can only come across a restriction due to the lack of the necessary document - a driver's license. Therefore, we need to find out whether it is mandatory when purchasing insurance.
The answer to this question is given to us by Article 15, paragraph 3, subparagraph “g” of the law on compulsory motor liability insurance, which lists this document. Read carefully!
3. To conclude a compulsory insurance contract, the owner of the vehicle submits the following documents to the insurer: ... e) a driver’s license or a tractor operator’s (tractor driver’s) license, a temporary certificate for the right to drive self-propelled vehicles, or a copy of one of the specified documents in relation to persons authorized to drive a vehicle means (if the compulsory insurance contract is concluded with the condition that only certain persons are allowed to drive the vehicle)…
Thus, we find out that it is possible to issue an MTPL policy only with the driver’s license of the people who will be included in it, and the license of the car owner himself is not needed if he himself is not included.
But let's look at the main differences and understand with the simple example below how this happens!
The insured is not an admitted person
The fact is that the 2021 legislation divides the MTPL agreements into as many as 3 separate entities:
- car owner - the person to whom the car belongs, its owner; as we found out above, he does not necessarily have to have a driver’s license (definitions in Article 1 of Federal Law-40),
- the policyholder is already the person who buys the MTPL policy... and yes, it does not have to be the owner,
- the person admitted to management is the one who is entered in column No. 3 of the policy form - and it is he who, based on the official interpretation above, cannot but have the rights to obtain insurance.
Let's give a simple example. Vasya purchased a Zhiguli car under a sales contract. Thus, he is the owner (and proprietor - these concepts are not separated in MTPL) of the car. Now he needs to insure it. But he doesn't have a driver's license. And there is still no time, so he instructs his brother Vanya to go and buy insurance. Vanya goes to do OSAGO - he is the policyholder. And Vanya doesn’t have a driver’s license either. Therefore, he takes the ID of their mutual friend Kolya, who has the right to drive, and enters him into the number of allowed drivers. Everything is in profit, and everything is legal!
Please note that nowhere in the law on compulsory motor liability insurance does not contain requirements for the owner to have a license, but the policyholder does not necessarily have to have one.
Another way: unlimited insurance
Let's slightly change the conditions from the example above - let's say that Vasya and Vanya do not have any friend Kolya, and in general Vasya has no idea who will drive the car in the future.
In this case, Vanya can arrange insurance for Vasya with an unlimited number of people who can drive these Zhiguli cars. We are talking about the same 3rd column. Only in this situation, the insurance company employee puts a dash in the table, and above notes with a corresponding tick that the compulsory motor liability insurance is without restrictions.
In the case of unlimited insurance, when purchasing a policy, you do not need to provide anyone's rights at all. We look at the condition in brackets from the official interpretation of Article 15 of the Law on Compulsory Motor Liability Insurance above. It is there that it is stated that rights are granted only if the agreement is concluded with a limited number of persons.
How to buy insurance without a license
The answer to the question “is it possible to get insurance without a license?” Definitely “Yes!” The process of obtaining an insurance policy is identical to that which a person with a driver's license goes through. In order to apply for compulsory motor liability insurance, you need to contact the office of the selected insurer or do it online through a special form on the website, which most organizations now offer.
To purchase an insurance policy, you need to prepare a basic package of documents:
- Russian Federation passport. It must include owner registration information. This information affects the calculation of the insurance coefficient, which differs in all regions. In this case, the place of stay and insurance do not affect this coefficient: there are often situations when a person registered in the village with his parents does not change his registration when moving to the city, since in this case the regional coefficient will be higher.
- Certificate of ownership. If this document is not available, the company will refuse insurance.
- Technical certificate. The company needs information about the make of the car, year of manufacture, and engine power (they are also taken into account when determining the cost of insurance).
- Inspection card. Obtaining this document is also mandatory when using a car, since car registration affects the final price. The insurance company requests it to obtain some kind of guarantee about the proper condition of the car in order to provide the service.
The mandatory package must also include the driver's licenses of all people who plan to operate this vehicle. This is necessary to enter their data into the insurance certificate: when an insured event occurs, these data are compared with the driver’s identity documents.
As a result
Thus, we draw important conclusions:
- the car owner can get a compulsory motor liability insurance policy for a car without a license,
- just as the owner may not necessarily purchase insurance, but the policyholder is a completely different person (with documents for the car), and he may also not have a driver’s license,
- in both cases above, you will need to include a person with a driver’s license in the issued policy,
- or get unlimited insurance.
But there is an important subtlety here!
How to apply for compulsory motor insurance for foreign citizens
To obtain an MTPL policy, foreigners do not need to undergo any additional procedures; the entire process is the same sequence of actions as for Russians. Any foreigner can take out a compulsory motor insurance policy at every insurance company throughout the country. Moreover, the office of an insurance company cannot necessarily be only in Russia, since due to the latest trend among insurers, large players are expanding their business and opening offices abroad. Also, many insurance companies have their own points right at the entrance to the country and offer to issue an MTPL policy right away, but they greatly exaggerate the price, and therefore this type of insurance is not particularly popular among foreign citizens. To get insurance for your car, foreigners need to contact the insurance company with the documents already collected.
How much does it cost to issue a policy without rights?
There is a difference between a limited and unlimited MTPL policy:
- insurance with a list of allowed drivers will cost a certain amount with a coefficient equal to one (that is, the very fact of limiting the allowed people does not change the final cost of compulsory motor liability insurance in any way),
- but the policy is without restrictions, then this very fact increases the price of compulsory motor liability insurance by 1.87 times - this coefficient is applied in accordance with paragraph 3 of Appendix 1 of the Bank of Russia Directive No. 5000-U On insurance tariff rates.
The fact is that the calculation of how much insurance will cost is made according to the formula: first, the base rate is taken from a certain corridor (see the same Directive of the Central Bank of the Russian Federation at the link above), and then coefficients are applied to it, increasing or decreasing the final amount.
So, with an unlimited policy, the amount in the calculation is immediately multiplied by 1.87. For example, if limited OSAGO insurance costs you 7,000 rubles, then without restrictions it will cost you 13,090 rubles, all other things being equal.
Why, other things being equal? Because there are several more coefficients that depend on each driver included in the limited insurance, and which, obviously, do not apply to the unlimited policy (there are no people included). These are coefficients of the driver’s age and experience, as well as KBM - a no-accident discount (or “cape” that increases the cost of the policy if the driver is often the culprit of accidents and insured events).
Thus, it will not be easy to calculate how cheaper it will be in your case when you can get insurance without a driver’s license. After all, a limited policy, although it costs less, can become more expensive due to an unfavorable driver (for example, a young driver with no experience and who has been involved in multiple accidents). But you can contact any insurer/agent for this - they will almost always agree to make 2 calculations, or calculate online.
Calculate the cost of MTPL insurance
Policy price
Each insurance company has its own formula for calculating the insurance premium, as well as the fee for issuing a policy. In order to get accurate figures, the owner only needs to contact the organization for a preliminary cost calculation. However, before requesting a quote, the vehicle owner selects the type of policy as well as the person who will become the direct policyholder.
The final price is significantly influenced by the type of policy, so different coefficients are taken into account. For example, a limited policy involves taking into account indicators such as driving experience and the age of the driver when determining the amount of the insurance premium. In addition, the formula includes the accident-free class coefficient: in an unlimited policy it is credited to the owner of the vehicle, and in a limited policy it is credited to the driver included in the insurance.
Is it possible to issue an MTPL policy for another person without rights?
Yes. As we indicated above, if you own the car, you do not have to be the policyholder - anyone else can buy insurance. And there are no obstacles if he doesn’t have a driver’s license either.
Please only note that the policyholder will need the following list of documents to enter into an MTPL agreement:
- his passport,
- vehicle registration certificate (if available),
- application for registration of a policy (most often filled out at the insurance office or online),
- driver's license of registered drivers (if compulsory motor vehicle liability insurance is limited),
- documents on the ownership of the car (according to the law, a purchase and sale agreement, but insurance companies most often accept a set of PTS + STS or only STS),
- a valid diagnostic card confirming that you have passed the technical inspection.
Passing a technical inspection
Note. A diagnostic card is not required if the car is less than 3 years old or has a valid diagnostic card.
For example, if you are purchasing a new car from a car dealership, then you can safely skip this step.
To undergo technical inspection, the car must be presented to a technical inspection point, i.e. We will again need the services of a driver. In this case, 2 options are possible:
- The owner travels with the driver. In this case, no additional documents are needed.
- The driver goes to the inspection point independently. In this case, you need to issue a power of attorney.
What should I do if I later get my license?
Everything is even easier here! When you successfully pass the exams and acquire the right to drive, you can enroll yourself in the insurance. The only question is that in this case the policy will be quite expensive for you due to your lack of experience.
If your insurance is unlimited, then there is no need to take any action at all. But there is a subtlety here too. It lies in the above-mentioned accident-free experience coefficient - KBM. In the absence of your fault in insurance cases, it falls by 0.05 every year - that is, insurance costs you 5% less annually. And with unlimited insurance, the KBM will only change if we are talking about your car - you as the owner. But if a person is not included in any policy for a simplified year, then his accident-free experience will not increase.
Foreign citizens who are legal entities
As for foreign citizens who are legal entities, a power of attorney for car insurance with a company seal and a certificate of registration of a legal entity are added to the above package of documents. In this case, having a migration card is not necessary.
Are there benefits for the countries of the customs union and neighboring countries?
This section should start with the countries that are members of the customs union. These countries include: Russia, Kazakhstan, Armenia, Belarus and Kyrgyzstan. All these countries have the same customs tariffs and laws. However, joining the customs union does not affect insurance laws in any way. They differ in each country, since each country has its own principle for assessing risks and calculating the cost of the insurance premium (price per policy). Based on this, the customs union does not provide any benefits for policyholders from countries included in it. The assessment of risks and cost of the policy for a car from Armenia in Russia will be carried out in exactly the same way as for a car from Russia.
If you don’t have rights because they were deprived of them?
Above, we looked at situations about whether and how it is possible to make an MTPL policy for a car without a driver’s license if you have never received one. But deprivation is a punishment that temporarily suspends the right to control. In this case, you can even be included in the policy as a driver - you only need the details of your driver’s license: series and number, as well as a copy of the license. The personal data is usually indicated in the court order on deprivation, a copy of which you should have on hand.
But for a copy, you can contact the traffic police department where it is stored. No, the traffic police are unlikely to do it for you - but you can simply take a photograph of the document; in most insurance companies, a photograph is most often suitable. But just in case, just install an application that allows you to make a scan from a photo.
What is OSAGO and the insurance procedure
OSAGO stands for compulsory motor third party liability insurance. The policy covers the entire territory of the Russian Federation and most countries of the world.
The purpose is financial guarantees in the event of damage caused by an accident and the occurrence of an insured event. This is a kind of instrument regulating the field of road safety. If suddenly the driver of the car becomes the culprit of an accident, then the presence of compulsory motor liability insurance will allow him to compensate for the damage caused to the injured party. Having received an insurance payment, you can partially or fully cover the costs of restoring your damaged vehicle.
The owner is given no more than 10 days to issue the policy. Before this period expires, you can travel by transport without fear of receiving a fine.
When you do not need to apply for compulsory motor liability insurance:
- The vehicle you own is not running and, as a result, is not on the road.
- The vehicle is operated in a closed area for personal purposes, for example, special equipment for a summer cottage.
- The car is a collector's item.
- The speed of transport is no more than 20 km/h.
Due to the fact that such categories of transport do not move on the roadway, they do not need insurance.
The registration procedure includes the following steps:
- mandatory technical inspection;
- choosing an insurance company;
- collection of necessary documents;
- concluding an agreement via the Internet or directly in the company’s office.
After the insurance policy is in the hands of the driver, the data will be entered into the general database of the AIS RSA (Russian Union of Insurers). A traffic police officer can easily check whether it is current.
Now you can go register your car and safely get behind the wheel. But is it possible to insure a car without a driver’s license?
Is it possible to enter a person without a license?
And this is the only question in our article, the answer to which is “no”.
Above we have given the official interpretation of subparagraph “e” of paragraph 3 of Article 15 of the Federal Law on Compulsory Motor Liability Insurance. It is this norm that provides for the mandatory driving license of the registered driver.
But if you need a specific person to drive the car, simply take out an unlimited policy. Yes, it will cost more. And this will only be a formality - in this case there will be no violations of the law on compulsory motor liability insurance when this person is driving a car. But in any case, driving without rights is a violation that is punished quite severely.