11.08.2020

Everything about the contract for the free use of the machine. Contract for free use of a car Do I need insurance for a contract for free use of a car


The policy must be purchased at mandatory since the driver has the right to drive without a policy only in exceptional cases. This insurance product does not insure the property of the vehicle owner, but his civil liability to third parties. According to Article 4 of Federal Law No-40, vehicle owners must go through the insurance procedure for their civil liability without fail.

In what cases can you drive without insurance?

The only case when a motorist has the right to drive a vehicle without having insurance on hand is the purchase of a new or used car. If you buy a new car in the showroom, then you are most often offered to draw up a motor third party liability agreement right on the spot.

But the owner of the car may not be satisfied with the tariff of the organization with which the car sales company cooperates, or the person simply wants to conclude an agreement in another UK. What should you do then? Many insurance agents scare vehicle owners that the law does not allow the car to be operated without a valid vehicle liability policy.

IMPORTANT! Do not trust insurers, so they are trying to get a client and make money.

When buying a car, the driver has the right to move around for 10 days without insurance on your car from the moment of the conclusion of the sales contract. This rule applies not only to new cars, but also to those that were purchased from hand. We talked about this.

Going to the UK for registration of a car insurance, do not forget your purchase and sale agreement. This document will be a confirmation that you have not violated the terms in which it is allowed to drive a vehicle without a policy.

We would not advise you to delay the deadlines, since you should also receive a diagnostic inspection card for a car before applying for a car insurance (if the car is not yet three years old, then you do not need to undergo a diagnostic inspection), and after receiving the policy, you will have to register your car with the traffic police.

Those drivers who, after the purchase, ferry their car to the place of registration, for example, to another region, can issue an OSAGO for a short period, but not more than 20 days.

How to proceed if there is no document?

Different situations happen in life and not everyone knows how to act in each specific case. For example, your friend went through a fair amount of alcohol and asks you to take him home on his own vehicle. But you are not entered into his contract and if you are stopped by a traffic police officer, then you can be applied under Article 12.37 Part 1 of the Administrative Code, i.e. a fine of 500 rubles.

Or you could have purchased a car in a technically faulty condition. In theory, you can purchase 20 days insurance to bring your car to the place of the diagnostic examination. But this option is a waste of both money and time. What should you do in these situations? First you need to understand the following concepts:

  • Management as the implementation of a direct impact on the vehicle.
  • Management in the civil aspect.

The first concept is regulated by traffic rules, and the second in the Civil Code of the Russian Federation means the order of the vehicle at its own discretion. This is where the dog is "buried", since when changing the owner of the vehicle, the law gives the right to drive a car without a valid motor third party liability policy for 10 days.

That is, if you bought a car, rented a vehicle from the owner, entered into an agreement with the owner of the vehicle for the free use of the vehicle, then you can legally operate the vehicle without having insurance on hand.

Now let's take a closer look at this issue:

  1. The owner of a car is a citizen who is registered in the title of the vehicle. The owner of a car is the one who disposes of this vehicle. And it can be either the owner or another person. The owner of the vehicle has the right to give the documents and car keys to another person and the car will have a new owner, i.e. de facto, a contract for free use will be concluded orally.
  2. Any citizen has the right to insure a car, regardless of whether he is the owner or not. The new owner of the car is obliged to insure his vehicle before registering with the traffic police; the law allotted 10 days for this from the moment of obtaining ownership.

The traffic rules say that the driver must have with him valid policy car civil liability, in cases where this obligation is established by law. That is, to put it in other words, this norm in the traffic rules is a reference, since it refers to the "Law on MTPL". A this law does not contain any prohibitions on driving a vehicle without a valid motor vehicle liability policy.

So, take a pen and a piece of paper and, together with the owner of the vehicle, quickly draw up an agreement for the free use of the vehicle in free form. With such a contract, you can travel for 10 days without a document.

In the event that you were too lazy to draw up such an agreement or could not, then in case of a stop by a traffic police officer, you can explain the reason for your lack of a policy by the fact that there is a verbal agreement with the owner of the vehicle about free use. V in this case You can refer to Articles 159 Part 2 and Articles 161 and 589 of the Civil Code of the Russian Federation, and the fact of an oral agreement can at any time be confirmed by eyewitnesses.

Many motorists confidently declare that according to Article 162 of the Civil Code of the Russian Federation, a citizen cannot refer to the testimony of witnesses to the transaction. However, this publication extends only to those transactions that must be concluded in writing. A there is no need to conclude a gratuitous use agreement in writing.

In the event that you are taking a drunk friend home in his car, then you should understand that you are doing these actions on your own initiative, i.e. you dispose of the vehicle at your own discretion. And next to you is the owner of the vehicle, who is himself a certificate of registration for you, and in this case you are not breaking the law.

If the traffic police officer reacts inadequately for a period of 10 days and draws up a protocol on you, then you should also mention in this document the decision of the Supreme Court No. AKPI 12-205, where everything we talked about earlier was officially confirmed. Also enter in the protocol and resolution No.12-AD 13-3, which also says about all of the above by us.

IMPORTANT! Among other things, even if the driver presented the traffic police officer with a closed MTPL policy, in which his surname does not appear, but the driver has an agreement on the free use of the vehicle with him, from the moment of signing which 10 days have not yet passed, then in this case it should not be applied punishment according to Art. 12.37 part 1 of the Administrative Code.

What happens in the event of an accident?

If you become a participant in an accident, then you will have to pay the amount of damage. If you take home the owner of the vehicle and become the culprit of an accident, then even the fact that you are not included in the car insurance policy does not give the IC the right not to pay compensation to the injured.

However, after the payments have been made, the IC has the right to present recourse claims against the owner.

Dangers and Potential Difficulties

To date, the fine for driving a car without car insurance is 500 rubles. You should also understand that driving a vehicle without a valid car insurance you run the risk that in accident case you will have to compensate the victims from your own pocket. We talked about the fines that will follow for driving without insurance.

A contract for the free use of a car is an agreement under the terms of which one party to the contract (the lender) agrees to provide the second counterparty (the borrower) with its car for use on a gratuitous basis. You can find out in this article about when it is necessary to conclude the contract in question, what its sample looks like in 2019, what is the content of this document, etc.

In practice, it is rare to find cases when citizens draw up a contract for the paid use of a car. vehicle... The conclusion of this contract is beneficial only for the lender, who, upon concluding the contract in question, will be able to get rid of the costs:

  • in the form of fines that come to the owner, as well as taxes. In this case, the borrower will have to pay the penalties under the agreement;
  • for compensation for wear and tear, which is a consequence of long-term operation of the vehicle.

The contract in question should be concluded:

  • in the case of transferring the car to work in a private taxi;
  • when using the car in the interests of the employer;
  • during transmission movable property other citizens, companies for a long time.

It should be noted that the payment for the insurance is borne by the one who received the car for free use.

There is a difference between the concepts of "renting a car" and "providing a car for free use." Unlike the first, in the second case, the car is transferred to the borrower without material reward, that is, the car owner transfers the car to another person completely disinterestedly.

Required documents

When concluding a contract for the free use of a car, counterparties should stock up on a certain list of documentation, namely:

  • a document that certifies the identity of the parties (passports);
  • technical passport for the vehicle;
  • CTP policy;
  • the borrower's driver's license.

The agreement must be drawn up in 2 copies, so that each party has its own copy.

In the text of the contract, you need to indicate the mileage of the car, indicate breakdowns and shortcomings, if any.

Content and subject of the document

It should be borne in mind that the transferred machine should not be mortgaged or be the subject of legal proceedings. When drawing up the contract in question, it is imperative to describe in it the car that must be transferred to the borrower. In the text of the contract, you need to indicate the mileage of the car, indicate breakdowns and shortcomings, if any. If you do not provide detailed information on the machine, the lender runs the risk of getting it in an inappropriate form.

So, when drawing up a contract, it must contain data about:

  • car brand;
  • car registration number;
  • dates of car production;
  • body identification code;
  • technical passport.

In the text of the paper, counterparties are advised to prescribe the purposes for which the car should be used. The reason for this lies in the fact that the lender will be able to control the actions of the second counterparty, which, when using the machine for other purposes, will not be able to spoil appearance the subject of the contract.

So, about what details the contract for the free use of a car includes, and what information these details cover, you can see in the table below:

Contract details Intelligence
Preamble It is necessary to clarify the data on the counterparties and, as well as their passport data.
Subject of the transaction The data on the car, as well as the purpose of its use, are indicated.
Obligations and responsibilities of counterparties Indicates the rights and obligations of the parties, as well as what measures of responsibility will be applied if the counterparties do not fulfill their obligations.
Term It is recommended to indicate the duration of the contract in the contract, otherwise the document will be considered indefinite, which is not beneficial for the owner of the car. If the document does not specify the period for notification of the termination of the contract, then the latter may be terminated at unilaterally, if the owner notifies the borrower about this one month before the day of termination of the contract.
Maintenance costs The costs are borne by the borrower.
Compensation for damage In practice, there are situations when, when operating a car, the latter is injured of a material nature. In this case, it is recommended to specify the terms of compensation for harm in the contract.
Responsibility of the parties

The considered section of the contract contains information about:

  • transfer of a vehicle without a crew;
  • liability if possible risks arise (in case of destruction or damage to the car);
  • conditions for compensation of costs, if adverse consequences arise (to determine the amount of compensation follows, based on the results of which an act is drawn up containing the results of damage assessment).
Possible consequences

If the counterparties come to an agreement of this kind, then both are at risk. If the machine has been damaged due to emergency, then the legislation does not exempt the car owner from making compensation payments.

Putting the machine into operation with additional services

Another type of agreement is the provision of a car with a crew for use free of charge, subject to the maintenance and management of the car. An ancillary service contract differs from a regular contract in that the owner himself has to bear responsibility if the car is damaged that arose during the use of the truck. In practice, nat. individuals most often enter into agreements for gratuitous use without a crew. Individual entrepreneurs or founders of companies, on the contrary, need to conclude such an agreement, since these persons have the goal of earning income.

An agreement on the free operation of a car has similar clauses with a lease contract. These 2 types of agreement differ in that one of them (lease) provides material compensation, and the other contract does not.

It should be noted that in the case of legal regulation legal relationship under the loan contract, the rules governing legal relations arising in connection with the conclusion of a lease agreement are also used.

So, the need to draw up a contract for the free use of a car is so that the car owner can in the future be able to get rid of expenses:

  • for replacement, repair of auto parts;
  • in the form of fines that come to the owner;
  • to compensate for wear and tear resulting from long-term use of the machine.

In order to later return the car on time and in proper condition, before the car owner decides to provide the car for use free of charge, he should discuss with another counterparty about (o):

  • features of operation, on which the wear of the car directly depends;
  • the time of returning the vehicle to the car owner;
  • implementation renovation works... In this case, the costs of repairs must be borne by the borrower, unless the machine has been damaged due to a state of emergency;
  • the level of responsibility of counterparties, etc.

How to draw up a contract for free use of a car (form) updated: February 13, 2019 by the author: admin

The name of the contract for free use reflects as much as possible the essence of this document. Basically, it is a vehicle lease agreement in which one party transfers the right to drive a car to the other party at no cost. In this case, the borrower assumes all responsibility for maintaining the technical condition of this vehicle, and is also responsible, from a legal point of view, for his actions using the rented vehicle.

Legislative regulation

In terms of legislation, this agreement governed by the civil code Russian Federation of January 26, 1996 Federal law No. 14-FZ. According to this legislative act it is forbidden to transfer any type of property, including a vehicle for rent, if any sanctions are imposed on it by state authorities.

Article 689 of the Civil Code defines what constitutes a contract of gratuitous use, it specifies what may be the subject of this contract. For example, in accordance with paragraph 1 of this article, the borrower undertakes to return the vehicle in the condition in which he received it.

Features of filling

Like any document, a contract for the free use of a vehicle has its own characteristics. It can be composed:

Between individuals

V model contract the wallpaper data is indicated individuals:

  • series and number of the passport;
  • registration address.

The party that rents out the car is called the lender, and which accepts the borrower. The main thing when filling out the contract is to correctly indicate the vehicle data from the documents for the car. The standard contract specifies:

  • series and number of the vehicle registration certificate;
  • brand;
  • year of issue;
  • engine number;
  • body number.

Transfer time. In one of the clauses of the agreement on gratuitous use, the term for the transfer of the car is stipulated. According to the Civil Code, this item may not be indicated. In this case, the lease is considered indefinite.

Responsibility of the parties. It is equally important to fill in the clause on the responsibility of the parties. It prescribes the conditions under which the safety of the car at any time of the day is assumed by the borrower, who undertakes to reimburse it within the period specified in the contract.

One of the sub-clauses of the "Other conditions" item indicates the approximate cost of the vehicle in case of any damage or breakdown. At the end of the contract, the details of both parties are indicated. By their mutual consent, it can be extended indefinitely. It does not need to be certified by a notary and other registration authorities. It can be drawn up in simple writing with all the necessary information.

Between an individual and an individual entrepreneur, LLC

Russian legislation provides for the option of concluding a gratuitous use agreement between an individual and an individual entrepreneur (IE), as well as with legal entities(OOO).

Unlike the previous type, here the details of the company are mandatory, and if there is a seal, it is imprinted on the form of the contract, in the section "Details".

Indicated executive, which carries out the transaction if the car belongs to a legal entity.

Contract for free use of a car and OSAGO insurance

When the car is transferred under a free use agreement, certain circumstances of its operation arise associated with the policy compulsory insurance... If the OSAGO policy is issued for an unlimited number of persons, then when making a lease there is no need to indicate the borrower in the insurance policy.

In a situation where the policy is issued for specific persons, it is imperative that the owner of the car enter information about the tenant in the insurance policy, otherwise it threatens to get it.

Even if the owner of the car is sitting next to it, this does not give you the right to drive without a policy.

Tax implications

When the car is handed over under a gratuitous use agreement, some tax implications... For the lender:

  1. The lender is obliged to pay transport tax, since he is the owner of this vehicle. He takes this amount into account for income tax expenses.
  2. Simultaneously with the transfer of the vehicle for free lease, the owner must stop calculating depreciation if he is a legal entity.

The borrower also has tax consequences:

  1. He indicates without fail non-sales income from the free transfer of the car for use at the end of each reporting period in the amount of market value transferred vehicle.
  2. In the event of a breakdown of the car and the cost of repairing it, the renter of the car can deduct the corresponding amount for taxation of profits.

To determine the market price, the parties can also engage an independent appraiser. For these purposes, you can also use publicly available sources of information, such as the media, the Internet, television.

Receiving a car for free lease does not entail the emergence of any obligations to pay value added tax, since this is not the sale of goods, works or services, or the transfer of property rights. When transferring a car for rent from an organization to an employee, he does not have additional tax on the income of individuals, since rent is free for him.

Which is better, a contract or a power of attorney?

In essence, a power of attorney and a contract for the free use of a car give an outside person the right to drive a vehicle. However, these two methods have significant differences that make it possible to give preference in favor of the BP agreement:

  1. Completeness. A vehicle is a complex mechanical device that consists of inseparable assemblies, as well as parts that require regular replacement, such as brake pads or tires. Under the contract of gratuitous use, the lessee is obliged to return the car in the condition in which he took it, in full complete set.
  2. In this case, all responsibility for violation of traffic rules and the occurrence of an accident falls on the tenant, and not on the owner. When drawing up a contract, it is much easier to recover damages from the borrower.
  3. When drawing up a contract, you can legally include operating costs in the costs of legal entities. faces. The power of attorney does not provide such an opportunity.
  4. The contract can be terminated at any time and the amount of damage can be collected from the tenant in case of violation of the terms of the contract.

A free car rental agreement in 2020 is one of the safest forms of leasing a vehicle for both parties. Regulation on the part of the state allows you to accurately separate the rights and obligations of the parties, for this it is enough just to draw up a contract form and register all the features in it, you do not even need to contact intermediary organizations. This type of agreement is very different from a power of attorney and has its own advantages.

Hidden taxes when using an agreement on free use of a car for individual entrepreneurs and LLCs


The Supreme Court of Russia clarified that within ten days after buying a car, the owner can drive without a CTP policy, so the driver cannot be fined for this.

The driver from the Republic of Mari El has achieved a precedent. In February 2013, he was fined 300 rubles for the fact that he was not included in the CTP policy, but was driving. As it turned out, the man had purchased the car only a couple of days before. More precisely - he received it for temporary possession free of charge, de jure the car belonged to another. This is what the official documents say.

Be that as it may, the person did not own the car for long. After analyzing the situation, the Supreme Court of the country came to the conclusion that before the expiration of the ten-day period allotted to the vehicle owner for concluding a civil liability insurance contract, the driver has the right to drive a car without a corresponding insurance policy... Therefore, the decision on punishment was canceled. Although the decision came a year ago, the case itself turned out to be so important that it was included in the first review of the jurisprudence of the united Supreme Court of Russia, approved at the end of last year.

From the review of the Judicial practice of the Supreme Court of Russia 1 (2014).

5. Until the expiration of the ten-day period allotted to the owner of the vehicle for concluding a civil liability insurance contract, the driver of such a vehicle has the right to drive it without an appropriate insurance policy.

By the resolution of the inspector of the traffic police of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the city of Yoshkar-Ola dated February 7, 2013, upheld by the decision of the judge of the Yoshkar-Olin City Court of the Mari El Republic of April 4, 2013, by the decision of the judge of the Supreme Court of the Mari El Republic of May 8, 2013 g. and the decree of the acting. Chairman of the Supreme Court of the Republic of Mari El dated August 20, 2013, S.A. found guilty of administrative offense, under Part 1 of Art. 12.37 of the Administrative Code of the Russian Federation, and subject to administrative punishment in the form administrative fine in the amount of 300 rubles.

In the supervisory appeal the applicant asked to annul the indicated judicial acts.

Having studied the materials of the case on an administrative offense and the arguments of the complaint, the judge of the Supreme Court of the Russian Federation came to the following conclusions.

In accordance with Part 1 of Art. 12.37 of the Administrative Code of the Russian Federation, driving a vehicle during the period of its use, which is not provided for by the insurance policy of compulsory insurance of civil liability of vehicle owners, as well as driving a vehicle in violation of the conditions for driving this vehicle only by the drivers specified in this insurance policy, shall entail the imposition of an administrative fine in in the amount of 500 rubles (as amended by Federal Laws dated June 22, 2007 No. 116-FZ, dated July 23, 2013 No. 196-FZ).

Attracting S.A. to administrative responsibility, the inspector of the traffic police of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia for the city of Yoshkar-Ola proceeded from the fact that on February 7, 2013 at 00 hours 14 minutes near the house 17 on K. Street in the city of Yoshkar-Ola S.A. drove a vehicle without being included in the insurance policy. In this regard, an official of the traffic police of the traffic police came to the conclusion that the actions of S.A. the composition of an administrative offense under Part 1 of Art. 12.37 Administrative Code of the Russian Federation. The courts agreed with these conclusions.

The above conclusions were not recognized by the Supreme Court of the Russian Federation as substantiated.

In accordance with Part 1 of Art. 4 of the Federal Law of April 25, 2002 No. 40-FZ "On Compulsory Insurance of Civil Liability of Vehicle Owners" (hereinafter - Federal Law No. 40-FZ), vehicle owners are obliged on the conditions and in the manner established by the said law and in accordance with with him, to insure the risk of their civil liability, which may occur as a result of harm to the life, health or property of other persons when using vehicles (as amended by the Federal Law of December 1, 2007 No. 306-FZ).

According to part 2 of this article, when the right to own a vehicle arises (acquiring it into ownership, receiving it into economic management or operational management, etc.), the owner of the vehicle must insure his civil liability before registering the vehicle, but no later than ten days after the emergence of the right to own it (as amended by the Federal Law of July 1, 2011 No. 170-FZ).

According to Federal Law No. 40-FZ, the owner of a vehicle is the owner of the vehicle, as well as the person who owns the vehicle on the basis of the right of economic management or the right of operational management or on other legal basis. The person who drives the vehicle is not the owner of the vehicle due to the performance of his official or labor duties, including on the basis of an employment or civil law contract with the owner or other owner of the vehicle.

From the systemic interpretation of the above norms, as well as in accordance with clause 21.1 of the Traffic Rules of the Russian Federation, which stipulates the obligation of the driver to have an insurance policy with him only in cases established by federal law, the Supreme Court of the Russian Federation came to the conclusion that before the expiration of the ten-day period assigned to the owner vehicle for the conclusion of a civil liability insurance contract, the driver of such a vehicle has the right to drive it without an appropriate insurance policy.

From the materials of the case, the court found that on 5 February 2013 between S.M. and S.A. a contract for the free use of the car was concluded, according to which S.M. conveyed to S.A. for temporary use a vehicle belonging to him on the right of ownership - a car.

In such circumstances, SA, being in accordance with Art. 1 of Federal Law No. 40-FZ, the owner of the specified vehicle was entitled to insure his civil liability no later than 10 days after the emergence of the right to own the vehicle, that is, in this case, the last day of expiry of such a period was February 15, 2013.

At the time of management S.A. On February 7, 2013, a vehicle - a car that is in his temporary possession on the basis of an agreement dated February 5, 2013, the time period for concluding a civil liability insurance contract provided for by the specified regulatory legal act did not expire, which did not deprive him of the right to drive such a vehicle without an appropriate insurance policy and is consistent with clause 21.1 of the Traffic Rules of the Russian Federation.

Based on the foregoing, the presence in the actions of S.A. the composition of an administrative offense under Part 1 of Art. 1237 of the Code of Administrative Offenses of the Russian Federation, is excluded.

We all know that according to the current legislation in Russia, it is impossible to drive a car without a compulsory civil liability insurance policy. For this it is provided (depending on the type of offense). But what about the owners of vehicles who have recently bought a car and have not yet re-registered the car within the ten-day period established by law? Until recently, the traffic police believed that in this case new owner the vehicle is also obliged to purchase from the very first day of owning the car. But the Supreme Court of the Russian Federation considered it differently.


So the Supreme Court of the Russian Federation, canceled the fine issued to the owner of the car in the amount of 300 rubles for driving a car after receiving it without an insurance policy.

The fact is that the court sided with the driver and made a decision on the illegality of imposing a fine for the fact that the new owner (not the owner, but the owner on the basis of the agreement on the free transfer of the vehicle) of the car drove it without being included in the insurance policy.

Here is an excerpt from the decision of the Supreme Court of the Russian Federation No. 12-AD13-3 dated 01.21.2014:

"Until the expiration of the ten-day period allotted to the owner of the vehicle for concluding a civil liability insurance contract, the driver of such a vehicle has the right to drive it without an appropriate insurance policy."

It is noteworthy that before the driver could defend his civil rights, all lower instances recognized the legality of imposing administrative responsibility on the driver under Article 12.37, leaving legal force the decision of the court of first instance.

On what grounds do vehicle owners have the right to drive a car without an OSAGO policy within 10 days from the date of purchase of a car under a sales and purchase agreement?


According to the decision of the RF Armed Forces, the State Traffic Inspectorate is not entitled to fine a driver for driving without an insurance policy, within 10 days after purchase, as this is provided for in part 2 of Article 4 of the Federal Law of April 25, 2002 No. 40-FZ "On Compulsory Civil Insurance liability of vehicle owners "(only in new edition based ). This current norm of the law on OSAGO directly allows the new owner to drive a car if he is not included in the OSAGO policy, but no more than ten days.


According to the RF Armed Forces, the driver of the car received from the owner of the vehicle the right to use the car free of charge. Accordingly, if the right to use a car arises for any reason, the driver is obliged to purchase an OSAGO policy within 10 days from the moment this right to drive a car arises in accordance with the Civil Code of the Russian Federation.

As follows from the materials of the case, the driver's ten-day period has not expired. Accordingly, the traffic police did not have the right to impose a fine.

If the driver who received the car for use was stopped by the traffic police after 10 days, then administrative responsibility could be imposed on him by the traffic police. But since the time allotted by the law for the acquisition of the MTPL policy has not expired, the court came to a decision to cancel the fine for driving a car without an insurance policy.

What does this mean in practice?


Of course, our intricate legislation is one of the most complex in the world. The thing is that many laws contradict other Federal and by-laws. From there, and not the correct interpretation of certain provisions of the law. But in fact, this court order is very important for all car owners, since anyone can be illegally fined. Especially in connection with the legal illiteracy not only of ordinary citizens, but also of many civil servants.

Therefore, every driver should know that if you have just purchased a car and the ten-day period has not expired, you can drive a car without an OSAGO policy until the expiration date.

How is it legal to drive without an OSAGO policy?


Many enterprising vehicle owners, after this ruling of the Supreme Court of the Russian Federation, which was issued in early 2014, began to use legal way, so as not to drive without the risk of being fined in a car for more than ten days. To do this, those who do not want to purchase an insurance policy register their car with the next of kin, who allegedly transfer the car to the previous owner for free use or under a sales contract.

Thus, the previous owner (only with legal side the driver is the previous owner, but in fact still fully continues to use the car) acquires the legal right to drive a car without for 10 days.

After the expiration of the period permitted by law, which allows you to drive without a compulsory civil liability insurance policy, a gratuitous vehicle transfer contract (or any other contract in accordance with The Civil Code RF - including the sale and purchase agreement) is rewritten with a new date, which gives the right to drive the car for another ten days without an OSAGO policy.

This can go on indefinitely. After all, no one can attract a driver for such a trick. After all, the previous agreement for the transfer of the vehicle or the purchase and sale agreement will never reach the traffic police, which in this case will never be able to find out about such an enterprising way not to buy an insurance policy.

What are the risks of a driver for driving a car without an OSAGO policy in the first days after the emergence of the right to own a vehicle?


Despite the fact that the Supreme Court of the Russian Federation officially confirmed the ability to legally drive a car without an OSAGO policy, nevertheless, there are huge risks for the one who drives a car without a policy. The thing is that the OSAGO policy protects us from spending money in the event of our guilt, in which the injured party is harmed. ...

But in the case of driving a car without an OSAGO policy (despite the fact that it is legal for 10 days), the driver, in his own case, will be (obliged) to pay the damage from his own funds... If the culprit of the accident does not pay the injured party the damage caused, then the injured party has the right to go to court with a claim to recover the damage caused in the accident. As a rule, such lawsuits do not end with damage alone. Often, the court adds to this amount the plaintiff's expenses for a lawyer, expertise, state fees and other expenses.

Therefore, we advise you, despite the opportunity to drive a car without an insurance policy for ten days, after obtaining the right to drive a car, purchase an OSAGO policy or enter your data in the current policy, because in the event of an accident through your own fault, you risk paying the damage from your own funds.


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