Is it possible to reissue a hull insurance policy to another person when selling a car, and how to do it correctly? From hand to hand. Does the Casco policy pass to a new owner? Re-registration of Casco to a new owner

When selling vehicle(TS) there is a need to re-register not only the certificate of registration of the car in the traffic police. The data of OSAGO and CASCO insurance policies should also be changed. The insurance rules clearly state: the policyholder is obliged to notify the insurer of a change in the owner of the object of insurance protection and other essential details insurance contract. The situation with the reissuance of the policy of "autocitizenship" when changing the owner of the vehicle is prescribed in the law "On OSAGO". With CASCO, the situation is a little more vague.

Sale of a car by general power of attorney

Reissuance of OSAGO

The rules of motor vehicle insurance are peremptory: the OSAGO contract can be terminated ahead of schedule only in the event of a change in the owner of the vehicle. The insurance contract after the sale of the car can not be terminated. But then the unused funds of the insurance company by the insured will actually be donated. A general power of attorney gives only the right operational management by car. A citizen becomes a full owner only after drawing up a contract of sale (DKP) or issuing a certificate-account for a car. By the way, filling in the corresponding field in the vehicle title is a secondary legal procedure.

Therefore, it will not work to terminate the OSAGO agreement in the event of a car being sold under a “general fee”. You just need to enter new drivers in the insurance policy. Moreover, this can be done within 10 days from the date of receipt of legal rights to the car. Before the expiration of this period, the holder of the general power of attorney is not obliged to perform any actions with the OSAGO policy.

Reissuance of CASCO

CASCO - voluntary view insurance. Terminate the insurance contract or change it essential conditions at any time while the agreement is in effect. Depending on the insurance rules of a particular organization, a general power of attorney allows you to reissue CASCO insurance for a new beneficiary, add additional drivers to the policy and exclude the old ones. If the new owner does not need a voluntary policy, then both the previous and the new owner of the car can terminate the contract. Unless, of course, a notarized power of attorney gives him the right to such actions.

Contract of sale

Reissuance of OSAGO

For the buyer of the car, the “autocitizenship” of the previous owner is not valid. First, the owner of the vehicle changes. Secondly, when reissuing a vehicle registration certificate, its number changes. Thirdly, the state registration plate may change. All these data are displayed in the OSAGO policy.

According to the law 40-FZ, only the original insured has the right to make changes to the policy of "autocitizen". After the car is sold, the new owner has no legal grounds to ask a virtual stranger about it. Therefore, the OSAGO policy when selling a car under the DCT is not subject to reissuance. The former owner must terminate the insurance contract, and the new owner must conclude his own. Cash under the old policy, only the previous owner of the vehicle is entitled to receive it. Of course, if the new owner does not have a general power of attorney for these legally significant actions.

Reissuance of CASCO

When buying a car under the DCT, the new owner of the vehicle has two options for dealing with the CASCO policy:

• Terminate the contract.
• Renew the CASCO policy for yourself.

However, we note that the situation with the renewal of the CASCO agreement is not so clear. Some insurers do not give their clients such broad powers. So, many companies refuse to conclude a CASCO agreement, where a third party is indicated as the beneficiary. To prevent possible disputes, it is necessary to carefully study the insurance rules and the text of the insurance contract before signing it.

BusTEr 24.07.2007, 16:53 # huh?! is it that simple? 🙂 Well, let's once again express my opinion in contrast, so that the questioner has the opportunity to make up his own based on the opposite (almost) point of view. Of course, I also read the Civil Code, but that very article has little practical contact with life. The impression is that people who wrote it at one time had a very mediocre idea of ​​property insurance. For in the first place it is "imprisoned" under real estate insurance.

From hand to hand. Does the Casco policy pass to a new owner?

And the main thing here is that the new insured (new owner) will not find out about the insurance contract, what it is, what color it is, what its subject matter is, and much, much more ... And the insurer, who wants to please the old owner, will do it according to still with impunity.

For ... he has no obligation to control the transfer of ownership at the time of the payment. And this is also part of the truth. And the main thing here is that the new insured (new owner) does not know about the insurance contract, what it is, what color it is, what its subject is and much, much more ... However, Vladimir refers to court decisions precisely in those cases when the new owner found out about the old contract (for example, the policy was forgotten in the glove compartment).
And the insurer who wants to please the old owner will continue to do so with impunity. For…

Transfer of the hull insurance contract to the new car owner

I believe that it would be possible to dot all i (or at least part of them) in our disputes at a personal meeting, which I hope will happen someday. Sincerely, V.R. 25.07.2007, 22:42 # About how!.. its "non-compliance" is beneficial to all parties - and insurers, and sellers of insurance products, and policyholders! After all, its letter is not observed only for this reason!======================================= ==================== And for policyholders, from which side should they look for benefits? If you mean a specific case with the transfer of insured property to another person, then 958th here didn't lie on any side.
And the violation of Article 960 (beneficial to the insured, the insurer and the seller of the product) violates the LEGAL (i.e. statutory!) rights and interests of the new owner.

You will only be offered to terminate your contract with the insurance company, and if you did not have insured events, then you will receive an unused amount. But there are companies that indicate in the contract that when selling or reissuing a car to another person, CASCO is reissued to him with an additional payment of so much%.
Therefore, you need to read the insurance contract carefully.

• when reissuing CASCO, there should not be any difficulties. After the contract of sale is legally executed, all rights and obligations under the CASCO policy are transferred to the new owner.
  Naturally, you should notify the insurance company in writing and receive a mark on the notification.

Is it worth re-issuing hull and MTPL contracts when selling a car?

According to the law 40-FZ, only the original insured has the right to make changes to the policy of "autocitizen". After the car is sold, the new owner has no legal grounds to ask a virtual stranger about it.

Therefore, the OSAGO policy when selling a car under the DCT is not subject to reissuance. The former owner must terminate the insurance contract, and the new owner must conclude his own.

Only the previous owner of the vehicle is entitled to receive funds under the old policy. Of course, if the new owner does not have a general power of attorney for these legally significant actions. CASCO renewal When buying a car under the DCT, the new owner of the vehicle has two options for dealing with the CASCO policy:

• Terminate the contract.
• Renew the CASCO policy for yourself.

However, we note that the situation with the renewal of the CASCO agreement is not so clear.

Is it possible to re-register a Casco to a new owner?

Conditions for transferring legal relations under a hull insurance contract to a new car owner You can transfer legal relations under a hull insurance contract to a new car owner if the following conditions are met at the same time:

1. The will of the previous owner of the car to perform the specified action.
2. Documented interest from the new owner of the car in preserving the property.
3. Absence of fulfilled obligations or claims to the insurance company for payment of insurance indemnity or sum insured by the previous owner of the car.
4. Written notice to the insurance company:

• by the previous owner of the car - on the replacement of the person to whom the payment will be made insurance compensation upon the onset insured event;
• the new owner of the car - on the transfer of rights to property (art. Art.

Attention

Insured, what not to forget? When selling a vehicle (TC), it becomes necessary to re-register not only the certificate of registration of the car with the traffic police. The data of OSAGO and CASCO insurance policies should also be changed.

The insurance rules clearly state: the policyholder is obliged to notify the insurer of a change in the owner of the object of insurance protection and other essential details of the insurance contract. The situation with the reissuance of the policy of "autocitizenship" when changing the owner of the vehicle is prescribed in the law "On OSAGO".

Important

With CASCO, the situation is a little more vague. Car brand Car model Car sale by general power of attorney Reissuance of OSAGO The rules of motor insurance are peremptory: the OSAGO contract can be terminated ahead of schedule only in the event of a change in the owner of the vehicle. The insurance contract after the sale of the car can not be terminated.

Casco reissuance when selling a car

But for this, both parties to the transaction do not need to go to the insurance company at the same time - the former owner can simply present a contract for the sale of a car at any convenient time and return his money for unused time. A new contract is concluded with a car buyer from scratch, taking into account his individual characteristics as a driver, as well as the changed operating conditions of the car.

Moreover, depending on the condition and mileage of the car, other coefficients may change when calculating insurance coverage, which will ultimately affect total price CASCO policy. If you intend to sell a car, you should find out in advance how to reissue CASCO to a new owner according to the rules of a particular insurance company in order to choose the time and visit its office to revise the contract and transfer the policy to another driver.

chevrolet club

When selling a car, the documents - the title deed and the certificate of registration - are reissued to the new owner, the diagnostic card on passing the technical inspection is simply transferred to him, and on registration compulsory insurance he has to take care of himself. But is it possible to reissue CASCO to a new owner, or will you also have to re-conclude an agreement in your name? What should you do if you have such voluntary insurance when changing ownership? Varieties of the procedure for reissuing CASCO The papers have been transferred, the keys to the car have been handed over and the new owner of the vehicle is already ready to drive his purchase in order to independently deal with the registration of OSAGO and registering the car with the traffic police. But then it turns out that the car is also insured under CASCO.

Re-register Casco to a new owner

I am glad that you can provide them with information from the other side, so to speak. But to put it mildly, I am not impressed that you mix me with the business area in which I work. I'm not going to fool anyone. :) My only goal is to help people, suggest the easiest way to solve problems that have arisen or warn about possible problems.

And here the rights of two citizens - who are you protecting? The lawyer defends the one who pays him ... But the insurer does not acquire anything either in the first or in the second case.

Therefore, blaming the insurer here is somehow unreasonable 🙂 The problem is solved by total informing drivers about the consequences of buying and selling a car in terms of an insurance contract. V.R. 07/25/2007, 02:35 PM # Seriously?..

Denis Frolov

When selling a car, the documents - the title and registration certificate - are reissued to the new owner, the diagnostic card on passing the technical inspection is simply transferred to him, and he must take care of the obligatory insurance on his own. But is it possible to reissue CASCO to a new owner, or will you also have to re-conclude an agreement in your name? What should you do if you have such voluntary insurance when changing ownership?

Varieties of the CASCO renewal procedure

The papers have been handed over, the keys to the car have been handed over and the new owner of the vehicle is already ready to drive his purchase in order to independently deal with the registration of OSAGO and registering the car with the traffic police. But then it turns out that the car is also insured under CASCO. What to do in this case?

The change of ownership must be accompanied by a mandatory renewal of the insurance contract and the CASCO policy for the new owner, although the protection extends to the car itself, and not to the actions of the driver.

In such situations, depending on the terms of the contract and taking into account the rules of the insurer, three options are possible:

• inclusion of the new owner in the policy;
• transfer of the policy and contract to yourself;
• termination of the current contract and the conclusion of a new one for another owner.

Usually the choice is not at all for the clients, but for the insurer himself. Car owners can only study the parameters of the insurance contract in advance in order to understand what solution to the problem can be chosen.

What should I do to renew my policy?

If it is possible to add the full name of another person to the CASCO policy, then you just need to do it. Why both the former and the new owner of the vehicle must come to the office of the insurance company with a contract for the sale of a car. Then the old owner writes an application for the new owner to be added to the policy. But at the same time, the insured and the beneficiary usually do not change.

If you intend to sell a car, you should find out in advance how to reissue CASCO to a new owner according to the rules of a particular insurance company in order to choose the time and visit its office to revise the contract and transfer the policy to another driver.

Legal relations can only arise when owning a car.
You can own a car:

• on the right of ownership;
• on the right economic management or operational management;
• on other legal grounds (on the right to rent, under a power of attorney for the right to drive a car, a general power of attorney for the right to own, use and dispose of a car).

A car can be insured under an insurance contract in favor of its owner or beneficiary (a person who will be in case of an insured event) who has a documented interest in preserving this property (clause 1, article 930 of the Civil Code of the Russian Federation).
A car owner who has concluded a hull insurance contract with an insurance company has the right to replace the beneficiary named in the contract with another person by notifying the insurance company in writing.
The beneficiary cannot be replaced by another person after he has fulfilled any of the obligations under the insurance contract or has submitted a claim to the insurance company for the payment of insurance compensation or the sum insured (Article 956 of the Civil Code of the Russian Federation).

Conditions for transferring legal relations under a hull insurance contract to a new car owner

It is possible to transfer legal relations under a hull insurance agreement to a new car owner, subject to the following conditions:

1. The will of the previous owner of the car to perform the specified action.
2. Documented interest from the new owner of the car in preserving the property.
3. Absence of fulfilled obligations or claims to the insurance company for payment of insurance indemnity or sum insured by the previous owner of the car.
4. Written notice to the insurance company:

• by the previous owner of the car - on the replacement of the person to whom the insurance indemnity will be paid upon the occurrence of an insured event;
• the new owner of the car - on the transfer of rights to property (Articles 955, 956 of the Civil Code of the Russian Federation).

In practice, the procedure for changing the legal relationship between the insurance company and the owner of the car under hull insurance contracts depends on the insurance rules adopted by the insurance company.

Ways to re-register legal relations under a hull agreement when changing the owner of the car

There are two main approaches to re-registration of legal relations under a hull insurance agreement when changing the owner of the car.

1. Termination of the hull insurance contract and conclusion of a new contract in the name of the new car owner. If there were no insurance payments under the current hull insurance contract and its cost was paid in full (in installments), Insurance Company returns part of the unused premium, minus the costs of doing business. In this case, the insurance company may set off the balance of the insurance premium for the unused period of insurance against the cost of a new insurance contract with the new owner of the car.
2. Re-issuance of a hull insurance contract. In this case, the person to whom the insurance indemnity will be paid upon the occurrence of an insured event, the owner of the car and the persons allowed to drive the car are changed. The previous owner of the car is named in the insurance contract. When changing the list of persons allowed to drive, an additional payment may be required - but only if drivers with a younger age and (or) experience are allowed to drive. All changes that the new owner of the car wants to make to the contract can only be made in the presence of the previous owner.

October 2013

Denis Frolov

When selling a car, the documents - the title and registration certificate - are reissued to the new owner, the diagnostic card on passing the technical inspection is simply transferred to him, and he must take care of the obligatory insurance on his own. But is it possible to re-register for a new owner or will you also have to re-conclude an agreement in your name? What should you do if you have such voluntary insurance when changing ownership?

Varieties of the CASCO renewal procedure

The papers have been handed over, the keys to the car have been handed over and the new owner of the vehicle is already ready to drive his purchase in order to independently deal with the registration of OSAGO and registering the car with the traffic police. But then it turns out that the car is also insured under CASCO. What to do in this case?

The change of ownership must be accompanied by a mandatory renewal of the insurance contract and the CASCO policy for the new owner, although the protection extends to the car itself, and not to the actions of the driver.

In such situations, depending on the terms of the contract and taking into account the rules of the insurer, three options are possible:

• inclusion of the new owner in the policy;
• transfer of the policy and contract to yourself;
• termination of the current contract and the conclusion of a new one for another owner.

Usually the choice is not at all for the clients, but for the insurer himself. Car owners can only study the parameters of the insurance contract in advance in order to understand what solution to the problem can be chosen.

What should I do to renew my policy?

If it is possible to add the full name of another person to the CASCO policy, then you just need to do it. Why both the former and the new owner of the vehicle must come to the office of the insurance company with a contract for the sale of a car. Then the old owner writes an application for the new owner to be added to the policy. But at the same time, the insured and the beneficiary usually do not change.

If you intend to sell a car, you should find out in advance how to reissue CASCO to a new owner according to the rules of a particular insurance company in order to choose the time and visit its office to revise the contract and transfer the policy to another driver.

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