Sometimes after an accident, when the proceedings begin, it turns out that two OSAGO policies have been issued for one car. Some citizens are sure that two insurances are better than one and count on double payments, but the reality disappoints such people. Why this happens, what comes of it, how the OSAGO agreement is checked, why it must be done when buying a car - is described below.
Two policies - who can insure a car other than the owner
The situation with two policies is closely related to the question of who can be an OSAGO insured. By law, any driver who has the right to drive a car can issue an OSAGO policy. Very often, when selling a car, the seller forgets to transfer insurance documents to the new owner. The new owner concludes a new contract, not realizing that the vehicle is already insured. This is how difficult situations arise when the owner of the vehicle has 2 CTP policies for one car.
Another option is when the car / truck is transferred for temporary use to another driver. This may be a lease or simply management by proxy. A person admitted to driving a vehicle draws up OSAGO, but the vehicle is already insured.
Is it legal to use two policies?
Some drivers are wondering if a non-owner of the vehicle can issue an OSAGO. Yes, the law allows the issuance of a policy by a tenant or simply by a person who has a power of attorney to drive a car, and a power of attorney is not required to issue motor third party liability.
Lawyers note that it is impossible to have two valid policies, therefore the last contract by the time of conclusion is invalidated. The legislation notes that even after the sale of the vehicle, the OSAGO policy is valid until the end of the term, and all rights and obligations under it are transferred to the new owner of the car. If the new owner did not notify the insurance company about the transfer of ownership, but concluded a new contract, in the event of an accident, he will be denied compensation for damage.
The consequences of having two OSAGO policies for the owner of the vehicle
If the perpetrator of the accident has two policies, the victim can apply to the court for compensation. In this case, the claims of the victim are satisfied at the expense of the perpetrator. A car owner with 2 policies can try to contact the first insurance company, if the contract with them has not yet expired, they can pay for the insured event. If the validity period of the first policy is over, then the perpetrator of the traffic accident will have to pay for the damage out of his own pocket.
Two CTP policies for different drivers can bring trouble to the victim. This is how the actions of the injured party look in the presence of double insurance:
- appeal to the insurance company indicated by the culprit of the accident to assess the damage;
- paying for repairs at their own expense, in the hope of receiving insurance payments;
- after the announcement of the existence of another insurance company, the vehicle has already been repaired and it is impossible to present it for inspection.
As a result, the victim has to go to court to recover his expenses. Sometimes it can help to get the original vehicle expertise from the insurance company.
Obtaining the original documentation of the completed assessment in the second insurance company does not always lead to the desired result, because not all insurers accept assessments from third-party companies. I think this is a fairly complete answer to the question of whether it is possible to have two CTP policies.
To avoid the appearance of a second “autocitizen” policy out of nowhere, you need to follow simple steps. After buying a car, you need to ask the owner a question about the availability of an OSAGO policy and its validity period. Even if the seller assures of its absence, the Motor (Transport) Insurance Bureau will help to make sure of this. On his website, you can check the availability of auto insurance by the old number of the vehicle. Only after such a check, you can think about where it is better to insure the car with OSAGO.
If the former owner of the vehicle has taken out auto liability insurance, the buyer can do one of the following:
- get the original policy from the old owner;
- close the contract and collect the balance of funds;
- transfer the balance of funds from the old contract to the new one.
It is necessary to make sure of the presence or absence of a contract in order to avoid problems with OSAGO in the future, because when registering a car, the buyer hands over the old vehicle numbers and receives new ones. When checking the database for a new number, the presence of an OSAGO policy cannot be detected, therefore, in the future, in the event of a traffic accident, you can get into an unpleasant situation.
Conclusion of an insurance contract in a second company
Some owners ask if it is possible to insure a car under OSAGO in two insurance companies at the same time. Most often, such a question arises in connection with the need to change the terms of the contract, when it is not possible to arrive at the office of the former insurance company. Yes, such a solution is allowed if, at the conclusion of the contract, the client warned about the availability of the first policy.
Fortunately, now the necessary changes have been made to the legislation and it has become possible to obtain insurance remotely. To apply for OSAGO online, you need to go to the website of the insurance company and enter data about the car and the owner of the vehicle. The OAGO policy received via the Internet can be printed out and carried with you, the traffic police officers can easily check it against the database.
From all of the above, it becomes clear that the presence of a second OSAGO policy is possible only if, upon receipt of a new policy, the insurer was warned about the existence of the old one. This confirms the need to carefully check the existence of previous insurance and, only being completely sure of its absence, conclude a new contract.