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Driving someone else's car: how to take out an MTPL policy for individuals and legal entities
CTPCI is an insurance with a special status. This type of insurance is mandatory for every vehicle owner in Ukraine. The exception is the category of beneficiaries who do not have to take out a policy. The absence of CTPCI entails fines stipulated by law and financial problems for a driver who does not have a motor third party liability insurance. If the fact comes to light in the event of an insured event, the culprit of the accident will be required to compensate for the damage in court.
Obtaining compulsory insurance for individuals and legal entities
Any vehicle owner with the status of an individual or organisation can enter into an agreement with an insurance company. The cost of compulsory motor TPL insurance depends on whether the insured is an individual or a legal entity. Different coefficients are used in the calculation.
Following the adoption of legislative changes, it is no longer necessary to issue a notarised power of attorney if you need to transfer the right to drive to another driver who is not the owner of the car. It is enough to have a technical passport, individual tax number, passport of a citizen of Ukraine, and driver's licence. Legal entities must additionally provide an extract from the Unified State Register.
Insurance lawyers recommend taking a receipt for driving a vehicle, as unforeseen circumstances may arise.
In court practice, there are cases where a company director has transferred the right to drive a company car to his or her subordinates. In the event of a conflict or out of personal animosity, the director filed a claim for theft with the court. It is not known how such cases end, but the outcome of the trial, if the plaintiff does not have a convincing evidence base, may result in a criminal sentence.
Representatives of the national police have the right to demand from a driver who is driving a car that does not belong to him or her by right of ownership a technical passport, a driver's licence, and an insurance policy of compulsory motor third party liability insurance. If at least one of these documents is missing, a fine will be charged.
Who is allowed not to take out MTPL insurance
The law defines the categories of citizens who can drive vehicles without CTPCI. Among them:
- participants in hostilities;
- victims of the events of the Revolution of Dignity;
- war veterans;
- Group I disabled persons who are able to drive independently.
Disabled persons of group II, citizens of retirement age, participants in the liquidation of the consequences of the Chernobyl accident of categories I and II buy a policy at half the estimated cost. The benefits are valid upon presentation of the relevant documents to the insurance company.
Double insurance: how to avoid it
When you buy a car in a showroom, you immediately get a CTP insurance policy for it. The situation is different in the secondary market. The seller may forget about the presence of a motor third party liability insurance policy that has not yet expired. The new owner is also unaware of the existing CMTPL policy and enters into a new contract.
In the event of an insured event, the second agreement will be recognised as legally null and void, and the insurance company will not pay out.
To avoid such a situation, you need to take simple steps:
- find out whether the car you are buying has a motor third party liability insurance policy;
- negotiate with the owner to transfer it to the new owner at the residual value or make sure that the seller has cancelled the MTPL agreement;
- after the expiry of the previous insurance, you should extend it or take out a new contract immediately after the purchase, if you know that the previous one has been terminated.
To extend a motor third party liability insurance policy without the owner, you must present a technical passport.
When changing the owner of a car, the number plate is often changed. However, the CTP policy is not associated with a specific person, but with the VIN code of the car. Therefore, it is valid until its expiry date.
So, to drive someone else's car, you don't need to get a notarised power of attorney, but you do need a compulsory insurance policy. Together with a driver's licence and a technical passport, these documents are the basis for legitimate driving.
