Responsibility for overdue OSAGO. Can I drive with expired OSAGO insurance? Is it possible to renew an expired OSAGO policy?

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Currently, a huge number of vehicles drive on the roads of our country. Since different situations can happen while driving, every driver should know that he must always have an insurance policy in accordance with current legislation. Many motorists are faced with a problem when for some reason they do not have time to renew the insurance for their vehicle. Therefore, they have a question: “Is it possible to drive with expired OSAGO insurance?”. According to the current legislation, it is strictly forbidden to drive a car out of the garage without an insurance policy. But what happens if you still drive a car with an invalid OSAGO? What types of punishment are imposed for this by traffic police officers, as well as what fines and what amounts are applied. You will learn about this and much more below.

Why do insurance arrears happen?

An overdue OSAGO is not a crime or a sentence, but just a consequence, forfor which there are certain reasons. As statistics show, every year there are more and more drivers on the roads who drive their car with an expired autocitizen.

The reasons for this are:

• lack of time to visit the insurance company;
• forgetfulness or negligence of drivers;
• voluntary cancellation of insurance services.

These are the most common reasons many motorists drive with expired insurance. Recently, however, the cause of this problem is of a different nature, not related to the factors mentioned above. The thing is that nowadays it has become simply impossible to renew insurance on time due to huge queues. Thus, after several hours of waiting, many drivers simply turn around and leave.

What is the reason?

Responsibility for overdue OSAGO largely lies with the insurance companies themselves. The thing is that over the past few years, the cost of the policy has increased significantly due to the inclusion in it, in addition to the insurance of the vehicle itself, many additional services, such as life, he alth, property and others insurance. This led to the fact that OSAGO began to hit the pockets of car owners very hard.

In order to attract new customers and increase their own income, many insurers began to offer motorists the opportunity to obtain an insurance policy without unnecessary services. There were quite a few who wanted to take advantage of this opportunity, which, in turn, led to the formationhuge queues.

Expired OSAGO: definition of the term

Every driver should know that there is no such concept in the legislation. Of course, this term is used as an establishment of the fact of non-renewed insurance, but it has no legal support. Until 2009, according to the SDA, every driver had the right to drive a vehicle even if the insurance policy expired, but today they do not have this opportunity.

How are things today?

The month provided by law was given to motorists in order to think about the need for compulsory insurance of their vehicle and extend the expired OSAGO insurance. During this time, the policy was considered expired, but it did not lose its validity, and traffic police officers did not have the right to fine the driver.

Things are completely different these days. The police have the right to issue a fine the very next day after the policy has expired. This is due to the fact that government agencies have revised the legislation and decided that every driver should worry about renewing the insurance policy in advance, even before its expiration date.

What will it be like driving with an expired insurance policy?

Each driver is interested in the question: “OSAGO has expired, what threatens for this?” The answer to it can be found in the first part of article 12.37 of the Code of Administrative Offenses of the Russian Federation, in which in 2014changes that came into effect on November 15, 2015. According to this legislative act, for driving a car in the absence of insurance or if the policy has become invalid, a monetary pen alty in the amount of 800 rubles is provided. After paying the fine, the driver will immediately be able to continue driving.

The amount is quite small, so many drivers prefer to pay a fine several times rather than spend fabulous money to renew their autocitizenship. Moreover, you will have to pay a monetary pen alty only if you are stopped by a traffic police officer.

How many times can a monetary pen alty be imposed for overdue insurance?

So, you already know what the pen alty for overdue OSAGO insurance is. However, here another quite logical question arises: “How many times a day can a driver be fined for the absence or delay of an insurance policy?”

According to the legislation of the Russian Federation, traffic police officers do not have the right to issue fines to one driver several times for the same offense. However, in the case of expired insurance, things are a little different. A monetary pen alty in case the driver overdue OSAGO for 1 day is imposed upon discovery, so if you are stopped three times in a day, then you will have to pay the fine the same number of times. This is due to the fact that the fine is issued not for the policy delay itself, but for driving an uninsured vehicle, which is a separate violation and involves a separate monetary pen alty in eachseparate case.

Amount of monetary pen alties for overdue policy for legal entities

With the amount of monetary pen alties for individuals, everything is clear, but what is the pen alty for overdue OSAGO insurance for legal entities? Everything is not so simple here, since this area of legislation is still far from perfect. The whole problem lies in the fact that a legal entity has the right to purchase an insurance policy for each vehicle that is in corporate ownership. However, everything related to car insurance is de alt with not by the employer himself, but by the hired employee who drives the car. It is he who pays the fine issued for an overdue insurance policy.

How to deal with this situation?

If you work as a driver in a company, you need to promptly remind your management of the need to renew your auto citizenship. It is best to start doing this at least three months before the policy expires. If the extension of the overdue OSAGO was not completed in a timely manner, and you were fined, then you should demand reimbursement from the employer. If the director of the company refuses to reimburse, then the only way out in this situation will be to go to court.

Terms of validity of the insurance policy

Before answering the question of whether it is possible to extend an expired OSAGO policy, it is necessary to talk about the validity of a motor vehicle citizen.

Today, there are three categories of vehicles that are subject toInsurance:

• Foreign cars temporarily staying on the territory of the Russian Federation. This category is subject to compulsory insurance, and the driver is offered a temporary policy valid for 5 to 15 days. At the same time, the cost of OSAGO is the same regardless of the term.
• Foreign vehicles moving around the country. In this case, it is mandatory to purchase a 20-day OSAGO.
• Any vehicle that will be permanently registered with the traffic police. Absolutely all cars registered in the Russian Federation fall under this group. For them, an insurance policy is purchased with a validity period of three months to one year.

When applying for insurance, it is necessary to take into account the fact that not all drivers use their car throughout the entire time. Some leave the country for the purpose of recreation or work, while others travel only in summer or winter. There are also those who plan to sell their car in the near foreseeable future. If your OSAGO policy has expired, what to do in this case will be described below. It is imperative to take into account the period for which you need a new policy, so as not to overpay for the months that the car will be idle.

MTPL extension: what is needed for this?

Each driver is interested in the question of whether it is possible to extend OSAGO. If the policy has expired, then it simply needs to be renewed. To do this, you need to find the right insurance company that offers the most favorable conditions and low rates.

In addition, you will need to prepare a package of documents thatincludes:

• statement of the established form;
• passport of a citizen of the Russian Federation for individuals;
• certificate of registration of a legal entity for legal entities;
• document of registration of the car in the traffic police;
• technical data sheet;
• ticket about passing technical inspection.

This package of documents is mandatory for obtaining or renewing insurance, so it should be prepared in advance to speed up the whole process.

What to do in case of an accident, if the OSAGO has expired?

If you were in a car accident, but you have an expired OSAGO on hand, then the best way out of this situation will be to resolve problems with the other party without involving the relevant law enforcement agencies. After all, in addition to paying for repairs to the injured party, you will also have to pay a fine.

If the culprit of the accident is another driver, then you can receive compensation for the damage caused on the spot or through the court. If the accident happened through your fault, then the repair of the vehicle, compensation for the moral damage caused and the reimbursement of other related expenses are fully borne by you. At the same time, it is not recommended to refuse to pay compensation, since the injured party or his insurance company may file a lawsuit.

Is it possible to avoid a fine with an overdue insurance policy?

Probably every driver is interested in the question of whether it is possible to avoid liability fordriving a vehicle without a compulsory insurance policy or in the event of the expiration of its validity period. No matter how strange it may sound, but there is one option to free yourself from paying a fine. However, for this you need to prepare in advance for a meeting with traffic police officers. In addition, another driver must drive the vehicle.

If you have an overdue OSAGO, and you did not have time on time or for some reason did not want to renew it, then you can avoid punishment if you write a power of attorney to drive the car for another person. If you are not driving the patrol during the stop, then no monetary pen alty will follow.

However, it is very important to understand that this will only work if you are not driving the car. The thing is that the current legislation allows any driver to drive a car, in whose name a power of attorney has been issued. In this case, he is legally treated as a new owner, who has a legal 10 days during which he can drive a car without an insurance policy.

How is car insurance abroad?

If we compare the amount of the monetary pen alty paid by Russian motorists for driving without insurance with that in foreign countries, then 800 rubles will seem mere pennies. The amount of fines for this violation in European countries can reach 700 euros, and in some cases, the driver may even be deprived of a driver's license.rights. However, why go far if in neighboring Ukraine, where the standard of living is not so high, the fine can range from 425 to 850 hryvnia (from a thousand to two thousand rubles), which is higher than in Russia.

Thus, it would be quite logical to assume that in the near foreseeable future in Russia the fines for driving a car with expired insurance can be increased to quite impressive sizes.

General tips and tricks

To avoid various problems, it is recommended to timely pay all fines issued for violation of any traffic rules. The thing is that a pen alty is charged for the delay, as a result of which 800 rubles can not only double, but the driver can also be imprisoned for 15 days. It is best to pay fines within 20 days after the administrative protocol is drawn up. In this case, you can get a 50 percent discount.

In addition, it is not recommended to argue or be rude to traffic police officers. You need to talk to the authorities very calmly and politely, and you should also try to explain the whole situation and ask them to enter into your position. In this case, there is a high probability that you will not be issued a fine, but only a verbal warning.