The current legislation when driving a motor vehicle obliges the driver to have an OSAGO insurance policy. Moreover, the drivers themselves must ensure that everything is in order with the document. This type of insurance is a contract signed by the parties, one of which is the company issuing the policy, and the other is the owner of the car. At the same time, he is guaranteed compensation for damage if an accident occurs. In addition to OSAGO, there is insurance of a voluntary nature. It is called CASCO, as well as DSAGO. In this article we will try to answer the question: what happens if you drive without insurance? This implies, of course, an OSAGO policy, and not other contracts that can be concluded or not concluded at will.
What happens if you drive without insurance?
Russian legislation obliges the driver not only to purchase a compulsory insurance policy, but also to always have it with him while driving. Driving without a document is fraught with an offensive, for which administrative responsibility is provided. Until 2009, drivers could drive for a short period of time without it if the previous policy had just ended. However, this order was later abolished. And since then, driving a car without insurance is strictly prohibited. The document must be issued even if the driver drives the vehicle by proxy.
If a traffic police officer, having stopped the car and demanded to present documents, does not see a valid OSAGO policy among other documents, then the car owner will be fined. On the other hand, little good awaits him in the event of a traffic accident. The driver will have to not only restore the car at his own expense, but also reimburse the costs of repairing the vehicle of another participant in the accident, if he is the culprit. And if, moreover, there are victims, then the entire burden of paying for the treatment will also fall on his shoulders. But penalties for the culprit also can not be avoided.
If the policy is left at home...
Sadly, in this case, the fine will still have to be paid. However, the legislature still provides that such a situation is possible. Accordingly, the amount of the fine in one case differs from the other. For the inspector, however, this issue is not fundamental. Therefore, he usually writes out the maximum amount of the fine. If the driver does not agree with such a decision, he should try to convince the policeman that he really has a contract. You can ask relatives or friends to bring the policy to the traffic police post or go home for insurance on a ride yourself. After all, one way or another, it will be needed for further driving. There is another option. You can prove the existence of a policy via the Internet, especially if an electronic OSAGO has been issued.
Electronic OSAGO
This type of service appeared in Russia quite recently. Some drivers have already taken advantage of this convenient service. Others prefer to buy insurance "the old fashioned way", driving up to the office and receiving a paper document. Of course, electronic OSAGO has a number of advantages compared to acquiring in the usual way. Firstly, you can order a policy at any time convenient for you, spending only 7-10 minutes of your time. You don’t have to take time off from work and go somewhere, stand in line to get a document.
Secondly, there is probably no driver who would not encounter intrusive offers from insurance agents to purchase additional services. Many, without much hesitation, agree to everything that they are offered. And then they regret the choice. But when ordering online, this problem will not arise. The car owner himself chooses those services that seem optimal to him.
However, electronic OSAGO also has disadvantages. In particular, this concerns the fact that the online server is not yet well maintained. Thus, during peak hours for online orders, it may freeze. And all the entered data will have to be entered again and again. Let's hope that this problem will be solved in the future. Meanwhile, we return to the question of what will happen if you drive without insurance. Having figured out that liability in its absence cannot be avoided, we see that there is still some advantage in the presence of electronic OSAGO.
Electronic OSAGO and traffic police inspector
When ordering it, the driver receives an e-mail with an attached policy. Having access to the Internet on his phone, he can go to the mail and show the policy to the inspector electronically. Of course, this does not cancel his obligation to pay the fine. But the amount will be a little less.
What else can you do to pay less?
If the traffic police inspector does not agree with any arguments, and it is impossible to go home or get a policy through relatives, then there are still options on how to get out of the situation with the least losses:
- In the protocol, which is filled in by the traffic police officer, there is a point where the driver can write his opinion about the illegality of the fine. And point out the real reason there.
- Within 10 days, the car owner has the right to protest the fine by contacting the superiors of the employee who drew up the protocol. Often this works.
- There is another option to go to court. However, there is hardly a driver who would decide to sue because of such a small fine. Usually, having paid it, they forget about the fact. But it would be nice if it taught in the future to always have an OSAGO document in paper form with you.
Is it possible to drive a car without insurance and what will it be like?
As we already know, if the operation of a motor vehicle is prohibited. More recently, until 2009, the operation of the vehicle was allowed when the policy expired. Drivers then asked themselves the question: how many days can you drive without insurance? For a whole month, the driver could not worry that he would have to pay a fine if a traffic police officer stopped him. Now the situation has changed radically. And there is a categorical answer to the question of how long you can drive without insurance. Under the OSAGO agreement, even if it only expired a couple of hours ago, it is impossible to operate the vehicle. In this case, the driver will be fined.
What is the penalty?
There are currently two administrative penalties:
- 800 rubles. The driver pays them for driving without a issued policy.
- 500 rubles. The money is paid for the absence of OSAGO with you or the driver who was driving the vehicle at the time of the stop by the traffic police inspector.
If the driver is not included in the OSAGO policy?
Let's dwell on this point in more detail. OSAGO insurance may allow operation only for those drivers who are included in the contract, or for everyone without restrictions. The second option is much more expensive for the car owner. Therefore, most often choose the first. According to him, only those persons who are registered in the contract can drive a car. Therefore, if a person not specified in the document is driving the car, you will have to pay a fine. And in this case, the car owner is guilty, not the driver.
Typically, an OSAGO agreement is concluded for a period of one year. But, for some car owners, this is inconvenient. Some go on a long business trip, others use the car only in a certain season (for example, summer residents). For them, of course, it would be better if they could drive without insurance. However, the contract may provide for another period. For example, six months or 3 months. However, in this case, the policy will cost much more. At the same time, there are exceptional cases when the car can be driven without insurance.
- If the vehicle was purchased recently. How long can you drive without insurance in this case? The law calls for a period of 10 days.
- When entering into an inheritance.
- In other cases provided by law.
Conclusion
What happens if you drive without insurance? We have already understood that in this case a traffic police officer will issue a fine if he stops the car. And the amount of the penalty depends on the OSAGO agreement concluded at that time or its absence as such. It is also now clear what to do if the policy is left at home, but the inspector refuses to believe in it.
It should be added that a fine is the only way a traffic police officer can punish a negligent driver. Until recently, until 2014, for such a violation, state numbers could be removed, and the car sent to a car impound. However, this rule was decided to be abolished. And the maximum that a driver can expect today is a fine of 800 rubles.
An insurance policy is mandatory for every car owner. And in his absence, the motorist faces a fine for driving without OSAGO.
It should be understood that penalties can be imposed, both for the absence of a policy in principle, and for the fact that the driver simply does not have it with him. And due to the fact that the price of issuing policies is increasing every year, many car owners began to simply ignore them.
Drivers of vehicles should understand when a traffic police officer stops them on the road, along with a driver's license, he will require and present a policy.
Under what circumstances will punishment take place:
- Compulsory third party liability insurance is not issued;
- The policy exists, but the driver does not have it with him;
- There is a policy, but it has expired;
- The vehicle is driven by a person who is not included in OSAGO.
All these violations can be qualified as different, therefore the punishment for driving without insurance will also be different here.
The driver is not included in the OSAGO policy
Fines for driving without insurance in 2018, when the driver is driving a vehicle, is 500 rubles.
If such a situation arises that the motorist gets into a traffic accident in which he becomes the culprit, then in any case there will be payments from the insurer company. This is due to the fact that the car is insured for a certain period of time, and it is at this time that payments are due. But after that, the company can sue the driver in order to recover their losses.
In this case, it is better for the vehicle owner to take out insurance that does not have restrictions. Then the control of your car can be transferred, if necessary, to other drivers, without fear of punishment for this.
Insurance expired or not issued
Some motorists do not take out an insurance policy at all after purchasing a vehicle. And this is a gross violation. Exactly the same as using your car after the SOAGO has expired.
The fine for the absence of OSAGO in 2018 is 800 rubles. When there is expired auto insurance, this is equated to such a situation as driving without insurance, such new rules 2018.
And when the driver did not have time to issue a new document to replace the expired one, a reasonable question always arises, what is the penalty for expired insurance?
If you drive in this way, then similar sanctions will be imposed, and the fine for lack of insurance will be 800 rubles.
Even before 2009, such rules were in effect, when even a month after the delay, the insurance was considered valid. The new rules of 2018 do not have such amendments, which means that the insurance document for a car should be changed no later than the last day of its validity.
Not covered for the entire year
Some car enthusiasts use the services of insurance companies that allow you to take out compulsory insurance for a car not for the entire calendar year. This is very convenient for those drivers who do not plan to drive for some period of time a year. For example, in the winter season, they leave the car in the garage and do not use it.
What is the punishment for this? After all, if you get behind the wheel at a time not provided for by the OSAGO policy, these actions will be considered unlawful.
And if the traffic police inspector fixes such a violation, penalties in this case will amount to 500 rubles.
New vehicle
And when the vehicle is just bought, how much time is allotted for paperwork? This case is the only concession for motorists when movement without insurance is permissible. But how much is allowed to ride this way?
The legislator has set a certain period for the execution of all documents and registration of the vehicle with the traffic police - 10 days are allotted for this. During this period, instead of a policy, a traffic police inspector can present an agreement on the purchase of a car.
No insurance with you
There are also situations when a driver has a valid insurance policy, but at the moment when he was stopped by a traffic inspector, the document is not available. The most common reason is left at home in different clothes/bag. In some cases, you can get by with just a warning. Of course, if the inspector believes in the existence of the document in principle. In these cases, as a rule, evidence is provided, such as the number of the insurance document, the insurer company, and sometimes the telephone number of the insurance agent, who can confirm the accuracy of the information.
- And what will happen and how much will you have to pay if the inspector does not make concessions? The minimum fine for driving without insurance is 500 rubles. If the inspector does not believe in the veracity of the words of the motorist, then the latter will have to say goodbye to the amount of 800 rubles.
- Drivers should know that in this case, you can write a complaint to the head of the guard service, not forgetting to attach a photocopy of the current policy to it. In this case, the amount of the fine can be reduced from 800 to 500 rubles.
And in order not to get into such situations, it is better to always have all the documents required during the check with you. And, for example, a photocopy of OSAGO can also be stored separately in a car, to resolve unpleasant situations.
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OSAGO insurance policy is one of the documents that are mandatory for a car driver. At the same time, the policy must be properly executed, kept by the owner of the car and presented to the traffic police during the inspection. This requirement is stipulated by Clause 2.1.1. The rules of the road and its failure to comply is fraught with the payment of a fine for the car owner. The amount of punishment will depend on the specific situation in which the driver finds himself, who does not have an OSAGO policy with him.
Penalty for not having insurance
Operating a car without a valid OSAGO policy will cost the car owner 800 rubles(Article 12.37 Part 2 of the Code of Administrative Offenses of the Russian Federation). Such an amount will have to be paid to the state treasury if the driver does not present a valid insurance policy to the traffic police inspector. If, through his fault, a traffic accident occurs with damage to the injured party, then the costs of the negligent car owner will be much more significant - he will have to compensate for the damage to property and health.
You can drive a car without insurance only in strictly defined situations:
- no more than 10 days have passed since the purchase of the car;
- the vehicle belongs to the structures of the Armed Forces;
- the car is registered abroad, where the international insurance system operates.
Important: the car owner can save on the fine if he pays it within 20 days after the registration of the protocol. In this case, the amount of punishment is reduced by 50%.
Forgotten insurance policy
If the car owner has drawn up an insurance policy in good faith, but can neither present it for verification nor name the series / number of the document, then administrative law provides for a fine of 500 rubles or a warning.
In practice, there are situations when traffic police officers do not accept the driver's explanations about the forgotten policy and qualify the offense according to a more strict scheme - as unregistered or expired insurance. In this case, the car owner has the right to appeal the drawn up protocol within 10 days and demand a decision in accordance with Part 2. Article 12.3 of the Code of Administrative Offenses of the Russian Federation.
Late insurance fee
Until 2009, insurance policies that had expired could be presented to the traffic police inspector for another 30 days. Current legislation equates expired insurance with its complete absence and establishes a maximum fine of 800 rubles for this offense.
The OSAGO policy can be of a “seasonal” nature - it is issued not for 12 calendar months, but for a specific period of time. If the car owner will operate the car in months that are not provided for by the insurance contract, then he will have to pay a fine of 500 rubles (part 1 of article 12.37 of the Code).
Penalty for an uninsured driver
When buying an OSAGO policy, the car owner can choose the category of persons allowed to drive - “without restrictions” or indicate specific people who can operate the car. The first insurance option is more convenient, but its cost is higher than the policy for 1-2 drivers.
If a driver who is not included in the insurance is found driving a car during the check, the car owner will be fined 500 rubles in accordance with Art. 12.37 h.1 of the Code of Administrative Offenses.
Driving without insurance is always a risk for the driver to be subject to administrative punishment. In addition, a fine not paid on time can be doubled in accordance with Art. 20.25 of the Code of Administrative Offenses of the Russian Federation, and the violator himself was sent to corrective labor.
The car owner is required to have an OSAGO policy - the presence of such a document guarantees that the victim in an accident provoked by the insured person will receive compensation.
This avoids disputes and litigation.
In 2016, some amendments were made to the legislation.
If the driver is not included in the CMTPL insurance policy, this is a serious administrative violation.
Read this article and find out what the penalty is if the driver is not included in the insurance.
The following classification of OSAGO insurance is important:
- with restriction
- No limits
A restricted policy assumes that there is a group of persons who have the right to drive a particular car. If the actual driver is not on the list, expect a fine.
Insurance without restrictions allows that any person with a driver's license can drive a car - no names are entered in such paper.
OSAGO policy without restrictions saves you a lot of fines, but it also costs much more.
The presence of insurance without restrictions is not the only case when it is allowed to drive a vehicle without being indicated in the OSAGO policy.
There are others:
- The driver has recently purchased a car and the 10-day period for issuing the policy has not yet expired.
- There is an agreement for the gratuitous use or rental of a car, drawn up in accordance with the paragraphs of Article 1079 of the Civil Code.
- The vehicle is one of the exceptions listed in the Federal Law "On OSAGO". For example, an exception may be a car registered in a foreign country and insured under the international insurance system.
If the driver is not insured
A typical situation: the owner of the car had a drink and allowed a friend to drive him home. In case of detection of such a violation, financial punishment follows. According to article 12 of the Code of Administrative Offenses, a driver who is not included in the insurance is obliged to pay a fine of 500 rubles. There was an increase: previously the fine for this violation was only 300 rubles.
Previously, as a punishment, a car was sent to a car impound, however, according to the new rules, any form of additional punishment (except for financial punishment) is prohibited.
How to avoid a fine?
If your friend, who is not included in the insurance policy, is driving the vehicle and you are stopped, you have a chance to issue a power of attorney by hand at an accelerated pace that does not require certification by a notary.
The power of attorney must include:
- Passport details of the person to whom the car is registered;
- Passport details of the authorized person (for whom we draw up a power of attorney);
- A list of actions that are allowed to be done with the vehicle, in our case, to be behind the wheel;
- Vehicle registration data;
- Date of issue of the power of attorney (not older than 10 days) - it is better to leave this field blank and fill it out directly at the moment of stopping.
It will not be possible to indicate such a list of information in a minute and in a hurry, so we recommend that you prepare everything in advance, and not at the time of the stop by the traffic police. By law, the driver is obliged to insure liability within 10 days from the date of obtaining the right to drive a vehicle, in particular from the date of receipt of the power of attorney.
In the event of an accident due to the fault of a driver not included in the insurance policy, you will not only have to pay a fine, but also repair vehicles damaged as a result of the accident.
No insurance policy with you (forgotten)
For the left insurance policy in the apartment, office or in another place, you will have to pay a fine of 500 rubles. This violation is described in Art. 12.3 of the Code of Administrative Offenses Part 2. At the same time, the traffic police inspector has the right to equate the forgotten policy to the missing one, while not violating the law. In this case, the offense will be recorded in accordance with ST 12.37 of the Code of Administrative Offenses Part 2, and the amount of the fine will increase to 800 rubles.
If the traffic police officer does not go to the meeting, you have the right to supplement the protocol in writing with your disagreement with the fine due to the presence of the policy, adding that the policy simply was not with you at the time the inspector stopped.
However, in this case, you will have to personally come to the traffic police, this time not forgetting the insurance. Write an application with a request to revise the article in the direction of mitigating the fine, a copy of the insurance policy must be attached to this application.
Vehicle evacuation due to lack of insurance policy
Since 2016, the evacuation of vehicles to the impound due to the lack of an insurance policy has been canceled. Amendments introduced in 2016 provide for a maximum penalty for lack of insurance in the form of a fine, removal of numbers and detention of a car no longer applies.
Penalty for not having OSAGO insurance in a certain period
Many car owners prefer to purchase insurance for a certain season, for example, for winter and spring. The insurance policy is issued for a year, but is applicable only during the specified period (season).
If you are stopped during a period that is not covered by insurance, the fine will be 500 rubles.
Penalty for lack of OSAGO for legal entities
Legal entities have the right to issue OSAGO insurance for each car registered with the company. In addition, it is possible to draw up a DSAGO insurance policy, applicable in a much larger number of cases.
At the same time, if the driver does not have insurance with him, the punishment will be incurred not by the legal entity. person, namely the driver.
How often can you be fined for not having insurance?
Are they taking numbers now?
Previously, traffic police inspectors had the right to remove numbers from a car if the driver is not included in the insurance, thereby prohibiting the operation of the vehicle. On November 15, 2014, they lost this right. Now numbers can be removed only in cases of malfunction of the brake system, steering, and also if the inspection ticket is expired.
https://youtu.be/EhFH5CLBhi4
If the driver did not insure the car at all, then he threatens a fine - 800 rubles.
Moreover, if the owner and the driver are different people, then the responsibility falls on both, because according to Art. 12 of the Code of Administrative Offenses, a fine is paid not only for the lack of a policy, but also for driving a vehicle by a person who knew that there was no insurance.
The driver, however, can "get out" - if he convinces the inspector that he did not know about the lack of insurance.
However, in practice, crime is almost always accompanied by punishment.
Administrative Code does not see the difference between an expired and a missing policy, so the fine remains the same - 800 rubles.
However, clarification is required: some companies sell "incomplete" policies. The standard policy is valid for one year, while the "incomplete" policy is valid for only six months.
Such semi-annual policies are the best option for summer residents who do not use the vehicle during the cold season.
The penalty for an overdue "reduced" policy is less - 500 rubles (according to Article 12 of the Code of Administrative Offenses).
Even if the driver simply forgot to put the policy in the car, he is also responsible - you will have to pay 500 rubles for forgetfulness. A fine in this situation is not mandatory - the inspector may limit himself to a verbal warning if he decides that the offense does not pose a public danger.
The driver should be aware of the following nuances:
- If he has already paid a fine for not having insurance at one post, this does not save him from the same fine at the second.
- The policy must comply with current design standards. If there are no elements and signs required by law, this is equated to the absence of insurance at all, from which a fine of 800 rubles follows. That is why it is worth issuing an OSAGO policy only at the offices of well-known companies and avoiding transactions with sales agents.
- If the policy is overdue by only a day, this is already the basis for a financial penalty.
The best solution to a situation where the driver is not included in the OSAGO policy is to purchase new insurance. The insurer may offer to write a new name on the current insurance, however, this operation also costs money.
Sometimes a citizen is forced to travel by car without having the appropriate documentation confirming the fact that he has a compulsory insurance policy. In such a situation, it is important to know the limits of responsibility, clearly assess the situation, and understand the consequences. To do this, you need to figure out what is the sanction for driving without insurance today?
The legal norms, namely the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners”, states that every person driving a vehicle must be insured. In fact, contrary to many misconceptions, a person insures not a car, but personal liability.
This obligation applies to owners of all types of vehicles that are used in Russia. The only exceptions are objects that are directly indicated by law (for example, bicycles).
The liability of a person is insured, that is, in case of damage to the property of third parties, damage to life or health, the damage is compensated not from the personal funds of the perpetrator, but by the insured - the company with which the corresponding contract was concluded. For driving without insurance, the driver faces punishment under the KRFoAP.
Liability for lack of insurance
The legislator has established some sanctions for violating the requirements for the driver to have the appropriate documentation. However, the limits of liability may vary depending on the circumstances:
- The actual lack of insurance (not issued at all).
- The driver is not listed in the existing document (specific drivers are not required if a so-called “unrestricted” policy is used).
- The contract is expired (it has expired).
- OSAGO is not in the hands of the driver, but was issued in accordance with the requirements of the law.
It is from the actual situation that the limit of responsibility of the driver or owner of the vehicle will depend. In any case, driving without insurance has its consequences.
If the owner of the vehicle purchased the document via the Internet, then he is not required to have a printed version with him. Inspector in the database of the insurer.
Also, the car owner must remember that it is impossible to insure the vehicle in the absence of a technical inspection coupon. This document will be required both when drawing up a contract in the office, and when drawing up via the Internet.
Penalty for the actual absence of a policy
If there is no insurance at all, then the consequences arise on the basis of Article 12.37 of the Code of Administrative Offenses (second part). A fine for lack of insurance is imposed on the guilty person, which is equal to 800 rubles. Previously, until 2014, the lack of a document entailed an additional punishment - the car was subject to evacuation, state numbers were removed from it.
If the driver was not included in the policy
If, in fact, an OSAGO agreement exists, but the person who is driving someone else's car was not indicated in it, then it is subject to administrative liability in accordance with Article 12.37 (part 1). The penalty for driving without insurance in such a situation is 500 rubles.
The policy has expired
Before you determine how much you can drive with expired insurance, you need to understand the consequences of this act.
At the moment, the legislation does not contain the concept of an overdue document on OSAGO at all. In fact, driving with expired insurance is like driving without it. Accordingly, administrative responsibility comes, the size of the sanction will be eight hundred rubles.
In some cases, the contract is drawn up for a certain period of use. As a rule, the policy is issued for a year, but a certain period is indicated when the vehicle can be used. If the car (or other equipment) is used outside this period, then the citizen will have to pay a sanction in the amount of five hundred rubles.
The driver does not have a policy at the time of movement
If the document was nevertheless issued, but for some reason the person does not have it available during the movement, then the fine for such an act will be 500 rubles. However, the traffic police officer can issue a warning, the KRFoAP norm allows this.
Table of fines for lack of insurance in 2019
|
Type of violation |
The amount of the fine in rubles |
|
The document was issued, but the driver does not have it |
Part 2, Art. 12.3, 500 rubles either a warning |
|
The policy was not issued |
Part 2 12.37, 800 rubles |
|
Insurance expired |
Part 2 12.37, 800 rubles |
|
The person moved by car outside the permitted period |
Part 1 12.37, 500 rubles |
|
The citizen is not listed as an insured person |
Part 1 12.37, 500 rubles |
It turns out that the fine for lack of insurance will vary from 500 to 800 rubles.
Can you pay less?
Having committed an offense for which a fine is provided, there is the possibility of some savings. At the same time, the “discount” is provided absolutely officially, regardless of whether the overdue insurance is paid or the fact of its absence during the movement. This innovation was included relatively recently and involves fifty percent within a period of not more than twenty days from the date of the fine.
Payment of half the amount of the fine is possible for all offenses related to the management of vehicles, with the exception of those expressly specified in the legislation.
What other sanctions can be applied?
Under the new rules, two types of sanctions can be applied for driving without insurance - a fine and a warning. The vehicle cannot be sent to the impound, this measure was canceled back in 2014. Also earlier, a ban on operation was imposed on the vehicle, which was also canceled.
At the same time, it is worth remembering that a warning can be issued only in one case - if the driver of the vehicle forgot to take a document with him, but he actually has it. However, in this case, the traffic police officer may impose a sanction in the amount of five hundred rubles on the guilty person, everything will depend on the specific circumstances.
Companies have long been talking about the need to increase the punishment for violating OSAGO rules. Despite numerous discussions on this issue, the punishment has not yet been increased and remains at the same level.
If a citizen became a participant in an accident, his guilt was established, and there is no document on OSAGO, then the injured person has the right to compensation for the damage incurred in a civil law manner. The guilty person shall compensate for the losses in the amount and on the terms established by the court.
Can you drive without insurance? Obviously not. The lack of a document confirming insurance, despite the reason, entails consequences. However, the reason may affect the size of the sanction. In any case, the driver is recommended to always have a valid CMTPL document or not to use the vehicle, because in the event of an accident, civil liability may be applied to it in the form of compensation for damage to the injured person.
