Federal Law No. 40-FZ “On Compulsory Motor Liability Insurance” provides for the obligation for motorists to insure their civil liability. Otherwise, a fine is imposed on the driver in the amount established by the Code of Administrative Offenses of the Russian Federation. Despite this circumstance, there are often motorists on the roads whose liability is not insured. What to do in this case in case of an accident? Is it possible for a victim to receive insurance payments without compulsory motor liability insurance or will the insurance company refuse? We will answer these questions in this article.
Is compensation due?
As the legislation in force in Russia states, a person who has suffered damage as a result of an accident is entitled to a payment to cover such damage. Depending on the circumstances of the incident, payment can be demanded from the insurance company or from the culprit of the accident. A situation is possible when a person injured in an accident does not have a compulsory motor liability insurance policy, but the liability of the culprit is insured. The rules in force among insurers state that if damage is caused to cars or people as a result of an accident, if the parties have insurance policies, compensation is made at the expense of the insurance companies. If the victim of an accident does not have a compulsory motor liability insurance policy, the situation will be a little more difficult to resolve.
In this case, insurance companies may refuse compensation, citing the person’s lack of insurance, but such a refusal is unlawful. When refusing, the insurer refers to the fact that the person must contact the office of the company where the insurance policy was issued. If compensation is refused, then this is a reason to appeal to a judicial authority. As a justification for the claim, you can use the fact that the insurance company where the culprit purchased the policy insured his liability to all participants in the movement. As an example, we can cite a case from judicial practice when the damage caused was fully compensated. The victim’s car was parked at the time of the accident and was not moving because the insurance policy had expired. While performing a parking maneuver, the culprit caused damage to this car. The insurance company initially refused to compensate for the damage. The victim appealed this decision through the court and won the case. If the victim goes to court, the insurance company may be charged not only for the damage caused to the car as a result of the accident, but also for other expenses associated with the trial.
How to get compensation?
The right to receive compensation is granted to persons who are not listed in the MTPL policy but are allowed to drive, pedestrians, cyclists, passengers of another car, the owner of property who was damaged as a result of an accident (for example, harm can be caused to a pet, fence, building). Also, the owner of a vehicle who is not required by law to insure his liability (snowmobile, ATV and other types of transport) has the right to apply. In order to receive compensation, you must contact the company that insures the liability of the culprit and report that you were involved in this accident, indicating the MTPL number of the culprit. The victim must collect a package of documents, which includes:
- An application written in the prescribed form;
- Protocols, notifications received from traffic police officers;
- Resolution according to which administrative proceedings were initiated;
- A copy of the culprit's insurance policy;
- Expert opinion, if an examination was carried out;
- A document that verifies the identity of the victim;
- Power of attorney if necessary;
- Car documentation (STS, PTS);
- Driver's license.
In a situation where harm has been caused to health, then to the listed documentation is added a certificate reflecting the nature and extent of the damage caused (issued by a medical organization), a conclusion from a medical commission if the person has become disabled or has lost his ability to work for a long period of time, a certificate confirming death (in in case of death of the victim).
The amount at which the insurer assessed the damage caused may be appealed by appealing to a judicial authority. This occurs when the victim believes that the payment is not enough to cover all the damage caused. It is worth keeping in mind that the maximum amounts paid by insurance companies are prescribed in legislative acts. They depend on what damage was caused to the injured party. In a situation where a citizen was injured due to the unlawful actions of a driver whose liability is insured under compulsory motor liability insurance, payments amount to up to 500 thousand rubles if the harm is caused to health and up to 400 thousand when the car is damaged.
Is there a fine?
According to Article 12.37 of the Code of Administrative Offenses of the Russian Federation, driving a car in the absence of a compulsory motor liability insurance policy is considered a violation. Liability is also provided for those who are not included in the policy. The fine for violations is 800 and 500 rubles, respectively. This means that the driver injured in an accident is required to pay a fine of 800 rubles if there is no insurance policy, or 500 rubles if it is not included in the document. It is worth noting that an expired policy is regarded as its absence.
The increase in insurance rates, which resulted in an increase in the price of compulsory motor liability insurance policies, gave rise, as a response, to the refusal of some motorists to conclude a liability insurance contract.
According to unofficial statistics, today more than half of vehicle owners do not take out a compulsory motor liability insurance policy. At the same time, they objectively believe that they only face a fine, and that will be imposed only if the traffic police officers reveal the fact of failure to fulfill the obligation to insure civil liability, with an obviously insignificant amount of money.
However, failure of the vehicle owner to fulfill his obligation to insure his civil liability in the event of an accident entails more serious consequences.
What are the risks of an accident without insurance in 2017?
According to Part 2 of Art. 4 of the Federal Law “On compulsory insurance of civil liability of vehicle owners” dated April 25, 2002 No. 40-FZ, the driver is required to insure his civil liability. Committing an accident by a driver who does not have a compulsory motor liability insurance policy only risks liability for failure to fulfill the obligation of the vehicle owner to insure his civil liability. Lack of insurance for a participant in an accident implies the imposition of an administrative fine on him in the amount of 800 rubles in accordance with Art. 12.13 Code of Administrative Offenses of the Russian Federation.
The culprit of an accident without compulsory motor liability insurance
The requirement for compensation for damage caused from the culprit in the absence of a compulsory motor liability insurance policy is based on the general principles and principles of civil law. At the same time, the reasons why the culprit of the accident did not insure his civil liability - be it his desire to save money, purchasing a car less than ten days before the accident, etc., do not have any significance when collecting the amount of damage. They cannot serve as a basis to relieve the culprit of an accident from liability, nor can they act as a circumstance mitigating his guilt.
Important! The culprit of the accident, if he does not have a compulsory motor liability insurance policy, pays for the damage caused at his own expense.
The absence of a compulsory motor liability insurance policy for the culprit of the accident also affects the determination of the amount of damage. In particular, the wear and tear of the vehicle is not taken into account here; the amount to be recovered consists of the full cost of replaced spare parts and standard hours for restoration work at average market prices in force in the region of the accident.
Important! The culprit of an accident without insurance is obliged to compensate for the damage caused in full.
In general terms, recovery of damages from the culprit of an accident who has not taken out a compulsory motor liability insurance policy is not particularly different in the sequence of actions from applying for compensation to an insurance company. The only difference is that most often in such cases, damages caused have to be recovered in court. If the culprit does not have a compulsory motor liability insurance policy, the registration of a traffic accident is carried out by police officers. Therefore, before deciding to call a traffic police inspector or draw up a European protocol, you should make sure that the culprit has a valid MTPL policy, and if you have doubts about its authenticity, check through the relevant RSA services presented on their official website. Since your mobile phone is always at hand, you can do this at any time.
Important! Applying to the court is preceded by proper registration of the traffic accident.
After registering a traffic accident and receiving the necessary copies of documents, you should assess the amount of damage caused and the cost of restoration. For these purposes, an examination is organized, the time and place of which is notified by telegram to the culprit of the incident. Before going to court, it would not be superfluous to try to reach an agreement with the culprit of the accident on voluntary compensation for the damage caused. If an agreement can be reached, a written agreement is drawn up, which reflects the reasons for the debt, its amount and the procedure for its payment: either by a certain time, or within a specified period, broken down by payment amounts, or without it.
If the culprit does not agree with the amount of damage or refuses to pay it voluntarily, there is only one way out - going to court. A statement of claim for the recovery of damages from the culprit of a traffic accident is filed with the court at his place of residence. In this case, there are no exceptions to the general rules of jurisdiction of the dispute. Depending on the amount of damage: whether it exceeds fifty thousand rubles or not, the claim can be filed with a magistrate or a district court. The culprit is also subject to recovery of the costs incurred to assess the damage, the amount of loss of the marketable value of the car, and the costs of paying for the services of a representative.
Important! When filing a claim, you should not file a claim for compensation for moral damage. In this case, unlike disputes with an insurance company, moral damages are not recoverable.
Once the decision made by the court enters into legal force, it is subject to transfer for execution to the bailiff service. For these purposes, a writ of execution is obtained from the court office, on the basis of which, at the request of the victim, the bailiff must carry out enforcement proceedings and collect damages in the amount established by the court.
It is worth considering the fact that if the culprit of the accident had a compulsory motor liability insurance policy, but the victim did not, then the insurance company has the right, after paying the insurance compensation to the other participant in the accident, on the basis of clause 1 of Art. 965 of the Civil Code of the Russian Federation to recover from the culprit the money paid by way of subrogation.
Victim of an accident without compulsory motor liability insurance
In the case where the victim does not have a compulsory motor liability insurance policy, things are somewhat simpler. Of course, he cannot avoid an administrative fine, but there may not be any judicial ordeals regarding compensation for damage. If the victim does not have a compulsory motor liability insurance policy, he is not deprived of the right to receive insurance compensation. But he will have to apply for it to the insurance company of the culprit. This state of affairs is due to the fact that under compulsory motor liability insurance it is not the property that is insured, but the liability of its owner to third parties for causing harm as a result of using the vehicle.
Basically, the algorithm for contacting the culprit's insurance company is similar to that when filing an application with your company for direct compensation for damage.
The victim is required to provide a similar package of documents, the damage received is also assessed, and insurance compensation must be paid within the twenty days allotted by law from the date of application. Moreover, the victim’s absence of a compulsory motor liability insurance policy does not affect its size. The absence of a compulsory motor liability insurance policy for a victim in a traffic accident also cannot serve as a basis for refusing to pay him insurance compensation. Such a refusal can be appealed in court with a fairly high prospect of a decision in favor of the plaintiff.
Important! If the victim of an accident does not have a compulsory motor liability insurance policy, he has the right to apply for payment of insurance compensation to the company of the culprit.
What to do if you get into an accident without insurance?
In case you get into an accident without insurance, there are no special recommendations. The procedure for registering it is no different from the procedure for registering an accident if the participants have insurance. As noted above, registration of an accident in this case is carried out exclusively by traffic police officers; the possibility of registering it according to the “European protocol” is excluded. Each of the participants in such an accident, regardless of their role (status): perpetrator or victim, when registering an accident, should make sure that the procedural documents contain the contact information of the participants (passport, address, telephone number). It is on the basis of this information that the court is determined to which in the future claims for recovery of damage caused will be filed.
Important! Registration of an accident under the European protocol is allowed only if both drivers have civil liability insurance in accordance with current legislation.
The driver’s action algorithm in the event of an accident must in any case be followed:
- call traffic police officers to the scene of an accident;
- Do not, under any circumstances, move the vehicle or leave the scene of the accident before the traffic police officers arrive;
- If possible, record the scene of the accident in a photo or video;
- find witnesses to the accident and ask them to provide you with telephone numbers and addresses;
- after the traffic police officers have taken the appropriate actions, vehicles should be removed from the scene of the accident so that they do not create obstacles for other drivers.
Traffic police officers must carry out the following actions:
- drawing up a map of the accident scene;
- inspection of vehicles and identification of damage;
- determination of the culprit of the accident;
- interviewing witnesses (if any) or viewing video recordings of the incident;
- registration of the protocol.
After the inspector has carried out the above actions, he is obliged to issue a copy of the compiled protocol to all participants in the accident. This document serves as an evidence base when determining the guilt of one of the drivers in court.
How to recover a penalty from an individual in case of an accident without insurance
In accordance with Part 1 of Article 1064 of the Civil Code of the Russian Federation, if damage was caused to a citizen’s property, then the person who caused this damage is obliged to compensate it in full. The Civil Code of the Russian Federation classifies the use of a car as an activity that creates an increased danger to others (Article 1079 of the Civil Code of the Russian Federation). The owner of the vehicle is obliged to compensate for the damage caused unless he proves the existence of circumstances that exclude his liability. Considering the fact that the person who caused the accident does not have a compulsory civil liability insurance policy, the victim has the right to recover the damage caused to him only through judicial proceedings.
To do this, he must file claims at the defendant’s place of residence in a court of general jurisdiction. It is worth considering that if the price of the claim is determined to be less than 50 thousand rubles, the statement of claim is sent to the magistrate; in other cases, this civil case is considered by the district court in accordance with Article 23, Article 24 of the Code of Civil Procedure of the Russian Federation. The general basis for recovering damages from the owner is the presence of fault. When distributing responsibility, judicial practice is based on the principle of guilt, first of all, of the driver who was driving the car at the time of the accident.
When satisfying the applicant's demands, the court takes into account all the circumstances of the case and obliges the person who caused the harm to compensate for the harm in kind (for example, pay for car repairs) or compensate for the losses caused in accordance with Art. 1082 of the Civil Code of the Russian Federation.
Important! The court does not establish time limits for compensation for property damage.
According to paragraph 12 of Art. 30 Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, after the culprit of an accident receives a decision to initiate enforcement proceedings, issued on the basis of a court decision, by a bailiff, a five-day period is established when he can voluntarily fulfill his obligation.
If the decision has not been challenged and the culprit of the accident has not fulfilled his obligation within the specified period, the bailiff begins the procedure to search for funds, property and other income of the debtor, which may be subject to foreclosure. The writ of execution will be sent to the official place of work of the culprit of the accident and in accordance with Art. 138 of the Labor Code of the Russian Federation, up to 50% can be withheld from the latter’s salary until the obligation is fulfilled. The bailiff may seize the property or other income of the debtor. It is also possible to make an inventory of his belongings (household appliances, expensive furniture, etc.) at the place of residence or registration, which will be confiscated and sold at auction. The proceeds will be used to pay off the debt.
If you find yourself in such a situation, you should immediately seek help from a lawyer. When you contact a specialist, he will be able, after analyzing your documents, to determine the further development of the situation that is most successful for you. Our auto lawyers are ready to offer their assistance, contact us using the feedback form or calling the phone numbers listed on our website.
ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge.
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The compulsory motor third party liability insurance policy (MTPL) is designed to protect vehicle owners from the consequences of accidents on the road. If a victim in an accident does not have compulsory motor liability insurance, he may have difficulty obtaining compensation for damage. Of course, we are not talking now about pedestrians, passengers and other possible victims who, by definition, cannot have such a policy.
What is OSAGO
If you delve into the essence of the formulation of compulsory motor liability insurance, it is clear that the point is to insure the liability of car owners to third parties.
Apart from pedestrians and passengers, this is a social contract that guarantees compensation for damage caused to another vehicle (VV) and its driver during an accident.
The requirements for the document, the procedure and rules for its execution are regulated by Federal Law No. 40-FZ of April 25, 2002. The policy can be issued for a limited number of drivers or without restrictions for a period of 3 months to 1 year, and even taking into account seasonal use. Today, an electronic policy is available, which in its capabilities is no different from the classic one on paper.
Insurance is mandatory, and failure to do so will result in penalties under the Code of Administrative Offenses (CAO). The cost of the policy is regulated by the state. It is no longer necessary to present the policy to traffic police officers, but it is impossible to pass a technical inspection without it.
If the victim of an accident does not have compulsory motor liability insurance
Now let's consider what will happen if the victim in an accident does not have a compulsory motor liability insurance policy. Basically, it's no big deal. Except that it won't be possible to separate. Plus you will have to pay a fine.
According to Article 6 of Federal Law No. 40 of April 25, 2002, the absence of a policy does not affect the right to compensation for damage caused.
It says that the object of insurance is the interests associated with the risk of liability of the vehicle owner for obligations in connection with causing harm to the life, health or property of victims when using the car. And among the listed exceptions for such risks, not a word is said about the policy. In other words, the insurance company (IC) of the culprit is here.
Another thing is that you can’t count on direct compensation. A victim of an accident without an insurance policy will not be able to contact “his” company, because in fact there is none. Of course, the Investigative Committee must recognize the accident. This is the main condition of any insurance payment.
In the event of an accident with one participant, you will not be able to receive payment.
As already noted, the victim without compulsory motor liability insurance will have to pay a fine. In Art. 12.37 of the Code of Administrative Offenses provides for such punishment for missing, expired insurance or for the fact that the victim is not included in the compulsory motor liability insurance policy. For failure to fulfill insurance obligations (in case of deliberate refusal of compulsory motor insurance) the fine is higher. The inspector also has the right to remove the driver from driving and send the car to a impound lot. In this case, even the victim of an accident will have to pay additionally for tow truck and parking services.
How to receive payments to a victim in an accident without compulsory motor liability insurance
For payment, the victim must contact the insurance company of the person responsible for the accident. If the amount of payment seems too low, the victim has the right to file a claim with the culprit’s insurance company. This is provided for in clause 5.1 of the Rules of Compulsory Insurance. The claim must be substantiated and filed correctly. If the insurer refuses, you will have to go through the courts.
You can also resolve the issue with the culprit. There are also two ways to resolve the controversial situation:
- by agreement;
- through the court.
First, the parties should try to simply come to an agreement. And if unsuccessful, go to court. Moral damage is not taken into account, since OSAGO does not deal with this. If the culprit does not have money, but he was driving someone else’s vehicle, you can receive compensation from the owner of the car on the basis of Art. 1079 of the Civil Code (CC).
Resolving the dispute peacefully
You need to start negotiating right on the spot. If the damage is small, everything will probably work out. But this happens rarely. If the culprit is insured and has not committed a serious offense, it makes no sense for him to pay for the damage himself. It is important to take into account: no matter how smoothly the negotiations go, it is still necessary to correctly document the accident and collect evidence of the opponent’s guilt.
By the tribunal's decision
A dishonest person may try to take advantage of your gullibility - for example, by promising compensation and disappearing. Or he won’t want to communicate and will leave. In this case, the police will search for him. Once the culprit is identified, you can file a lawsuit against him. It is long, difficult, but effective.
In court, you will need maximum evidence, testimony and correctly executed documents about the accident. It is also important for the victim to fulfill the duties specified by the Traffic Rules (TRAF). Especially regarding actions immediately after the incident.
Payment of damage to the victim by the culprit's insurance company
Compensation for damage in an accident, if the victim does not have compulsory motor liability insurance, is the responsibility of the culprit or his insurance company. If the first option for obtaining compensation is not so simple, then the second seems to be the most rational. However, insurance companies are not obliged to pay real money. They do car repairs.
What documents are required?
The organization that insures the liability of the person responsible for the accident must provide a standard package of documents, which includes:
- statement;
- a copy of the culprit's policy;
- copy of passport;
- a copy of your driver's license;
- copies of PTS and SOP (from both parties);
- copies of the protocol, resolution in the case of an administrative violation or ruling on refusal to initiate, if they are provided for by the regulations of the Ministry of Internal Affairs for registration of a specific road accident;
- an independent expert’s opinion confirming the extent of the damage;
- current account number.
Please note that this is a list for individuals. Entrepreneurs will need additional paperwork. To conduct an examination and subsequent assessment of restoration/compensation, it is necessary to provide the damaged vehicle.
About payment amounts
The amount of payment is determined in Art. 7 of the Federal Law “On compulsory civil liability insurance of vehicle owners” dated April 25. 2002 and does not depend on whether the victim has a policy:
- for damage to property (car) – 400 thousand rubles;
- for damage to life and health – 2 million rubles.
Is it possible to refuse payment?
There should be no refusal, even if the victim in an accident is not insured under compulsory motor liability insurance. The payment mechanism also does not depend on the availability of a policy. However, compensation is possible only in a few cases:
- The vehicle cannot be restored;
- the cost of repairs is more than the insured amount;
- the insurer does not guarantee repairs on time.
The calculation is made on the basis of an expert assessment in accordance with the rules set out in Bank of Russia Regulation N 431-P dated September 19, 2014. The following is taken into account:
- age of the car;
- wear;
- mileage;
- the nature of the damage – both external and internal.
This is a complex issue and the difference in amounts can be significant.
Claim to insurance company for payment
If you get into an accident without insurance and are not at fault, but are not satisfied with the results of the calculation or the fulfillment of payment deadlines, you can file a claim (Article 16.1 of Federal Law No. 40). By the way, in this case, the payment must be made no later than 20 working days from the date of contacting the insurance company. The document is drawn up in writing in any form. The car owner must express his objection to the actions of the Investigative Committee, indicate the circumstances of the conflict and demand satisfaction of his demands.
The insurer has only 10 days to review. If this does not help and instead of a decision on payment a “reasonable” refusal is received, you will have to go to court. There you will need an official refusal from the insurer.
When without compulsory motor liability insurance the culprit of the incident
Drivers are often at a loss, not understanding what to do if the person at fault in an accident does not have compulsory motor liability insurance. The situation is not easy, but it can be resolved:
- in peaceful way;
- in a pre-trial manner;
- in a court.
In the first case, they try to come to an agreement on the spot. This is the best option. Of course, if the conversation is about small or adequate amounts of damage. In the second, a pre-trial claim is filed. The culprit also voluntarily, even at the stage of the proceedings, decides to pay for the losses of the victim. The third method involves compulsory payment of compensation.
Each option requires careful documentary preparation. There are many nuances.
Finally
So, the absence of a compulsory motor liability insurance policy from the injured party does not lead to the need to pay alone for the actions of the guilty party. You just need to meet a number of conditions:
- File an accident in accordance with current rules.
- Completely comply with the traffic rules yourself and pay the inevitable fine.
- Collect as much evidence as possible about the guilt of the person who caused the damage.
- Contact the culprit's Investigative Committee in accordance with current regulatory documents.
- Conduct (assessment) of the damage caused.
- If necessary, go to court.
Road accident without compulsory motor liability insurance – who will bear responsibility: Video
The current legal regulation states that every driver of a vehicle must have a valid compulsory motor third party liability insurance policy (MTPL).
Such an insurance policy makes it possible to receive insurance compensation in cases where the victim or his property was damaged in an accident.
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But not all vehicle owners properly fulfill their obligations. And in practice, very often there are cases when a driver gets into an accident, but at the same time he does not have a valid
But what to do in such a situation, and what actions should be taken in cases where the driver does not have a concluded MTPL agreement?
Possible reasons for the lack of a policy
There can be many reasons for the lack of an insurance policy in practice. Basically, vehicle drivers simply forget that their insurance policy has expired and do not enter into a new insurance contract.
But besides this, in practice the following situations may also arise:
- the driver who was driving the vehicle during the accident was not included in the insurance policy;
- the vehicle was operated for a period of time that was not included in the insurance policy (for example, the insurance policy was purchased to use the vehicle in the summer, and the accident occurred in the spring);
- the insurance policy was not purchased by the owner of the vehicle.
What to do in case of an accident without insurance in 2020
What to do in case of an accident without insurance? In this case, both the culprit of the incident and the injured party may not have an insurance policy. What actions should each side take?
To the culprit
You can very often find similar comments on the Internet: “I got into an accident without insurance, it’s my fault.” What to do in such a situation? In fact, this is the most difficult situation that can arise in practice.
First of all, you can try to negotiate with the other party to the accident. If the injured party does not agree, then in this case you will have to call a traffic police officer, who will record the fact of the accident.
At the same time, you must also be aware that this will become the basis for bringing the culprit of the accident to administrative liability for the lack of an insurance policy.
Indeed, in accordance with current legal requirements, its presence is mandatory for all drivers without exception.
It is also necessary to call a representative of the victim’s insurance company to the scene of the accident, who will also record the fact of the accident.
Of course, in such a situation, the injured party can submit a statement to its insurance company, but it must be remembered that the damage caused as a result of the accident will still be covered in the future by the personal funds of the person responsible for the accident.
That is why many victims prefer to file claims in court in order to recover the amount of damage caused.
If the injured party intends to resort to this option for solving the problem, then it is advisable to contact the appropriate specialist in advance and obtain an independent expert assessment of the amount of harm caused.
In the future, such a document can be used as evidence in court.
Such an approach will make it possible to avoid any problems in the future and dispute the amount of harm caused.
To the victim
In practice, there are very often cases when the injured party, and not the culprit, does not have an insurance policy. In this case, the presence of a valid MTPL policy for receiving insurance compensation does not have any significance.
The only thing you need to remember is the possibility of holding the injured party liable for the lack of an insurance policy.
In such a situation, the action plan is as follows:
- it is necessary to call a traffic police officer and a representative of the culprit’s insurance company to the scene of the incident, who will draw up and provide all the documents necessary to receive insurance compensation;
- you need to go to the office of the insurer of the person responsible for the accident and write an application for payment of insurance compensation;
- You should wait for the response from the insurance company and receive funds in any convenient way.
To the car owner
In practice, there are also very often cases when another driver, and not the owner of the car, was driving a vehicle at the time of an accident.
In this case, there may be a situation when there is a valid insurance policy, but the person who was operating the vehicle at the time of the accident is not included in the insurance policy. But what about such a situation?
The current legal regulation states that a vehicle is a source of increased danger, and its owner is responsible for the harm caused, regardless of whether he is at fault.
Accordingly, if another driver was driving the vehicle, the injured party can still demand compensation for the damage caused from the owner of the vehicle.
In this case, it is necessary to submit a statement of claim to the court and indicate the name of the owner of the vehicle, not the driver, as the defendant.
Of course, current legislation gives the owner the opportunity to subsequently demand the return of funds paid and money from the culprit of the accident.
He can take full advantage of this right. Of course, in general, in practice, such issues are also resolved in court by filing an appropriate statement of claim. And consideration of cases of this kind can drag on for several months.
Actions if the victim does not have compulsory motor insurance
If the injured party does not have insurance, this cannot be a basis for depriving him of the opportunity to receive insurance compensation. This fact must be taken into account.
But at the same time, you need to remember that the injured party may be held administratively liable for operating a vehicle without compulsory motor liability insurance.
If an accident occurs, you must first call the traffic police and a representative of the at-fault party’s insurance company. They will record the fact of the incident.
The traffic police officer will provide the injured party with a protocol, which must subsequently be presented to the insurance company in order to receive monetary compensation.
To receive compensation, the injured party must submit a corresponding application to the insurance company of the person responsible for the accident.
The application form can be obtained directly from the insurance company. In this case, it is advisable to contact the insurer as early as possible.
The following documents must be submitted along with the application:
- applicant's passport;
- documents for the vehicle (title, driver's license, etc.);
- documents that indicate the accident and the fact of damage to the victim’s vehicle.
After submitting the application, you must wait for a response from the insurance company. In practice, this procedure usually takes 5-7 days.
If the amount of compensation that the insurance company is willing to pay suits the victim, he can receive it either by bank transfer or in cash.
If the amount specified by the insurance company does not suit the applicant, he can write a written claim requesting a review of the decision.
If it remains unchanged, the applicant can exercise his right of judicial protection.
The victim can also choose to have the vehicle repaired at a workshop that cooperates with the insurer as part of the insurance claim.
In this case, of course, he refuses monetary compensation, and the vehicle is repaired at the expense of the insurer.
Who pays in each case
Many people are interested in the question of who should cover the amount of damage caused in the absence of insurance.
If an accident occurs without compulsory motor liability insurance at the culprit, then in this case all expenses are borne by him. In this case, the victim can immediately file a claim with the court asking for payment of the amount of compensation.
In any case, all expenses are borne by the culprit of the accident, if he does not have a concluded insurance contract.
Accordingly, it is advisable to resolve the dispute amicably out of court, otherwise a situation may arise where legal costs are added to the amount of compensation.
If the driver of the vehicle was not the owner, but someone else, then the injured party may demand payment of insurance compensation directly from the owner of the car.
In this case, he is obliged to make a payment, but in the future he may demand a return of the money spent from the culprit of the incident.
Fines
What punishment does the current legislation provide for operating a vehicle without an MTPL insurance policy? In particular, the Code of Administrative Offenses of the Russian Federation provides for certain penalties for driving without insurance.
The driver can be fined even if he has a concluded insurance contract, but, for example, he forgot the policy at home.
In this case, the traffic police officer may issue a warning. If the driver has several warnings, he may be fined in the amount 500 rubles.
If there is no insurance policy and the driver does not have a signed MTPL insurance contract, then in this case the fine will be 800 rubles.
In this case, the traffic police officer will remove the license plates from the vehicle and will only give you the opportunity to independently drive to the insurance company in order to conclude a MTPL insurance contract.
Pre-trial claim to the culprit
In practice, there are 2 methods of dispute resolution: pre-trial and judicial. In the first case, the dispute is settled peacefully without filing a statement of claim in court.
To resolve the dispute in this way, it is necessary to present a pre-trial claim to the person at fault for the accident.
The legislation does not establish the form of this document, and it can be drawn up in any form.
Of course, the injured party can independently draw up the text of the claim, but it must contain certain information.
In particular, the text of the claim must include the following information:
- data of the parties;
- information about the incident (date, place, etc.);
- the harm caused to the victim;
- reference to relevant legislative acts;
- demand for payment of compensation;
- the period within which payment must be made.
This is the basic data that must be provided in the text of the claim. You also need to know that the pre-trial claim must be sent to the person at fault for the accident in the proper manner.
In particular, it can be handed directly into his hands. In this case, the victim must make a copy of the document on which the person responsible for the accident puts his signature and writes the date of receipt.
In the future, this document can be used as evidence in court if the dispute is not resolved peacefully.
The claim can also be sent by mail. In this case, it must be sent by registered mail with acknowledgment of receipt.
Below is a sample pre-trial claim:
Compensation for damage if the culprit is killed
In practice, sometimes there are cases when the culprit of an accident dies. In this case, the question arises of who should compensate for the damage caused by the accident.
In fact, this issue has received clear legislative regulation, and the death of the person responsible for the accident does not mean that the damage will not be compensated.
In such a situation, the obligation to pay for the damage passed to the heirs of the deceased. Of course, if the culprit of the accident had a compulsory motor liability insurance policy, the problem will be resolved in an easier way: the amount of damage will be paid by the insurance company.
If the person at fault for the accident did not have an insurance policy, then some difficulties may arise.
First, you need to obtain an independent expert’s opinion on the amount of damage caused. Only after this can a corresponding claim be made to the heirs.
At the same time, it is necessary to remember that the heir bears the obligation to compensate for causal damage only in the event that he accepts the inheritance.
Accordingly, the injured party can count on receiving compensation only after the expiration of the period provided by law for accepting an inheritance, which is 6 months.
Examples from judicial practice
In practice, there are a lot of court cases on such cases. For example, very often there are cases when an accident occurs with a parked car without insurance.
In such situations, the courts clearly make decisions in favor of the injured party. If the vehicle at fault does not have insurance, by court decision he must pay the amount of damage from his personal funds.
Of course, the injured party can only expect to receive compensation if the car was parked in an appropriate place, taking into account all mandatory legal requirements.
In practice, there are also very often cases when certain harm is caused to the health of a third party.
For example, the victim lost his ability to work due to an accident, and he was assigned a second disability group.
This type of insurance allows you to pay for damages after most accidents. Despite this, not all drivers know in detail how compulsory motor liability insurance works in case of an accident. Our review will eliminate gaps in knowledge and allow better on-the-spot guidance in situations that are considered critical.
In fact, this insurance is mandatory for all drivers (with the exception of owners of vehicles traveling at speeds up to 20 km/h) - this policy covers motor third-party liability. If a citizen does not insure his car and turns out to be the culprit of the accident, then the insurance compensation will not be paid. Thus, compulsory motor liability insurance is intended for the injured innocent party to compensate for damage caused to health, life or property. Expenses arising as a result of an accident are paid by the insurance company of the person responsible for the accident; the driver himself does not make payments. Currently, the maximum amounts provided for this policy are established:
- 400 thousand rubles for compensation of property damage;
- 500 thousand rubles for compensation for damage to the health and life of a participant in an accident (the amount is indicated per person).
Compensation for moral damage or lost profits is not provided under compulsory motor liability insurance.
Attention! If insurance does not cover the full cost of the damage, the victim may file a lawsuit against the person responsible for the incident. The offender will pay the remaining amount from his own funds.
There are situations when the insurance company may refuse to pay:
- The driver was a person not included in the insurance. An exception is insurance issued for an unlimited number of persons.
- The accident occurred at a specialized site during an experimental or training activity.
- The accident occurred on the territory of the enterprise while performing loading and unloading operations or while an employee was performing his job duties.
If the driver did not have the right to drive the car, caused harm intentionally, was under the influence of alcohol, drugs or toxic substances, or fled the scene of the accident, the insurance is still paid, but the insurer can go to court and recover the damages incurred.
What should the culprit do in case of an accident?
When an accident occurs, it is important for the culprit not to panic and in order to try to avoid responsibility, this most likely will not work, and more troubles will arise. Nowadays, with the development of technology, finding a driver by car number is not difficult. Therefore, it is extremely important to know how to act after an accident under compulsory motor liability insurance if the driver is the culprit of the accident. Correct behavior in such cases helps to minimize possible negative consequences. In general, the algorithm for the actions of the culprit after a car accident under compulsory motor liability insurance is extremely simple:
- Call the traffic police. If the accident is minor and there are no disagreements between the participants, it is possible to reach an agreement without involving third parties and. If not only the car, but also another person was injured, first of all you need to call an ambulance.
- You cannot move the vehicle to another location or move its parts. Emergency signs must be posted on roads. However, if there are no casualties or critical damage to the vehicles, the vehicle must be removed from the roadway after recording all the details on the accident diagram.
- It is necessary to take video or photograph of the scene of the incident - this is done in the presence of the victim. The video recording or photographs should show the position of the vehicles after the collision, their damage and other details characterizing the accident. The victim’s car is carefully inspected, all damage is necessarily photographed in order to avoid further disagreements regarding compensation for damage.
- It is necessary to record the personal and contact information of all participants in the accident and witnesses.
- Insurance information should be exchanged with the victim. Contacts of insurance companies are transmitted; if there is a CASCO policy, its number is also recorded.
- It must be completed and must be signed by all participants in the incident.
- You need to find out when a decision on an accident will be made; if this is done by a police officer on the spot, read it carefully. When the culprit does not agree with some facts when registering an accident, he makes an entry about this in the protocol, after which he can challenge the conclusion of the accident within 10 days.
- At the end of the procedure, obtain and check the correctness of the documents regarding the accident: a certificate of the accident, a protocol and a resolution on an administrative offense.
- Notify your insurer.
According to Article 11, 11.1 of the law on compulsory motor liability insurance, when drawing up the Europrotocol, both parties need to send their copy of the document to the insurance company. Duration – 5 days. Then the insurers must receive a request to send the vehicles for inspection (this is given 5 days from the date of receipt of the letter).
