Despite the fact that purchasing vehicle insurance is a mandatory requirement for motorists, however, not everyone manages to issue or renew the policy on time. As a result of this, you may find yourself in a very unpleasant situation when, in the event of an accident, the person at fault simply does not have insurance. How to deal with such a situation and what to do to get monetary compensation from him for the damage caused? In this article, you will learn about the main actions that should be taken if the person at fault for the accident does not have insurance.
How to behave at the scene of a traffic accident?
If you are in an accident, the first thing you should do is pull yourself together and calm down. Under no circumstances should you fall into a hysterical state. It is strictly forbidden to apply to the person who caused the accident, since in this case he may file a counterclaim, and a situation in which the law is completely on your side may turn against you. If the person at fault for the accident does not have insurance, what to do in this situation, you think? The first step is to immediately call the traffic police to the scene of the incident. In this case, it does not matter at all how badly your car was damaged, since if the person at fault for the accident does not have an insurance policy, the standard European-style protocol turns out to be useless and you will no longer be able to receive at least some compensation.
After law enforcement officials arrive at the scene of the accident, it is necessary to describe to them in great detail what happened and especially emphasize that the culprit of the accident is without insurance. All details must be recorded in the protocol, otherwise solving the problem may become significantly more complicated.
After the incident is documented by the traffic police, both participants in the accident receive copies of the report, and only then can they leave the scene of the accident.
If the person at fault for the accident does not have insurance, how to recover compensation in this case will be discussed below; you must write down his residential address and contact phone number. If he categorically refuses to provide such information, then you can ask for it from the traffic police officer who is handling the registration of the incident. In addition, the details of the person responsible for the accident will be indicated in the protocol, however, if the residential address differs from the registration, then in this case it will be much more difficult to find him.
Automotive technical expertise
You should not delay the examination, because if it is not completed within two weeks, the court may refuse to give you a trial due to lack of evidence. Moreover, if the driver is involved in an accident and the culprit turns out to be without insurance, then you will have to carry out the examination entirely on your own. In addition, all associated costs also fall on your shoulders. You will need to find a company authorized to carry out such activities and pay for their services. If the court subsequently proves the guilt of the other participant in the accident, then you will be able to fully compensate for these expenses.
Who can carry out the examination?
Absolutely any company or organization that has all the necessary documents permitting the conduct of an automotive technical examination and the preparation of related documentation can carry out a site inspection. When choosing a specific organization, it would be useful to clarify in advance whether the documents drawn up by it during the examination will be taken into account by the court during the proceedings.
If the person at fault for the accident does not have insurance, then it is best to use the services of the following companies and representatives to conduct an examination:
- state appraiser;
- a private company specializing in automotive technical expertise;
- specialized service center;
- scientific institute of relevant specialization.
The choice of an expert company should be approached very seriously, since the outcome of further litigation largely depends on it.
Procedure for conducting the assessment procedure
After an examination at the scene of the accident has been carried out, and the amount of damage caused to you has been determined, the company’s representatives draw up a corresponding report, which indicates all the details of the accident, identifies the true culprit of the incident, and also indicates the exact amount required to repair the vehicle.
If the person at fault for the accident does not have insurance, and so that he subsequently cannot challenge the result of the examination, it is recommended to notify him in advance of the time and place of the assessment. It is better to do this by registered mail so that you have evidence that he was notified. In addition, it is mandatory to familiarize the other party with the result of the examination, show the original report, and also hand over a copy of the document. As statistics show, this is quite enough for the lawsuit against the culprit of an accident without insurance to be won in your favor. Many participants in the accident prefer not to even bring the case to court, but to settle the conflict quietly and peacefully, paying the victim the full amount.
Trial
If the culprit of an accident does not have insurance, what should you do? The first step is to invite him to resolve the issue without going to court. If he flatly refuses to pay for car repairs, then it is necessary to file a pre-trial claim. You can do this yourself or use the services of a legal adviser. In this document, it is necessary to describe the accident in great detail, indicate all the documents that you have on hand regarding this incident, and also do not forget to mention the absence of an insurance policy from the person responsible for the accident. In addition, the appeal also indicates the full amount of compensation you want to receive.
What expenses can I expect to be reimbursed?
If you are not at fault in a traffic accident, and the person responsible for the collision does not have compulsory motor insurance, then you can receive monetary compensation not only for car repairs, but also for other expense items, which include:
- cost of automotive technical examination;
- costs for damage assessment;
- moral damage;
- vehicle evacuation;
- expenses for treatment of victims of road accidents.
In addition, you have the right to demand compensation for any other items of expenses that are directly related to the traffic accident.
Further actions
If in an accident the culprit is not included in the insurance, and within two weeks after the presentation of a pre-trial appeal to him no action was taken on his part, then it is necessary to transfer the case to court. To do this, you will have to hire a good lawyer, whose services will cost about 30,000 rubles. In addition, you will have to pay a state fee, the amount of which is 400 rubles. It is worth noting that all these expenses will be fully compensated to you by the culprit of the accident if the court finds him guilty. You can do without the help of a lawyer and represent your interests in court on your own, but to do this you need to have a good understanding of all the legal nuances.
Proceedings in court
In most cases, the trial lasts approximately 2-3 months, but the proceedings can be significantly delayed if the court requires any additional documents, or if the other party for some reason does not appear in court.
If the trial drags on for a very long time, then in order to compensate for the damage, you can request the court to seize the car from the person responsible for the accident and sell it through an auction. In this case, you will receive from the proceeds after the sale of the car.
Difficulties in obtaining compensation if the person at fault for the accident does not have insurance may begin if he does not currently have the required amount at his disposal or is from a low-income family. Compensation for damage in these cases will occur gradually, by withholding a certain part of the wages of the person responsible for the accident, which may take several years if the amount of damage is very large.
What to do if the insurance policy is invalid?
Another common situation that many drivers face when involved in an accident is an invalid insurance policy. Similar situations arise when the insurance company has ceased its activities or does not have a license allowing it to provide insurance services. In the first case, compensation will be paid to you from the reserve fund of the union of auto insurers. But the second case is more problematic, since in most cases, drivers injured in an accident simply do not have time to carry out an examination and assessment of the damage caused in time, as a result of which the chance that the other party will reimburse you for all expenses is reduced to almost zero. To avoid such a problem, in the event of an accident, it is very important to contact the insurance company as soon as possible and make sure that it has the appropriate permitting documentation.
Conclusion
If the person at fault for the accident does not have insurance, then you need to take all the necessary measures described earlier in this article as soon as possible. Any delay significantly reduces your chances of successfully receiving compensation for damage caused by the person at fault for the accident. There are also more difficult cases that occur in legal practice and require more time to resolve, however, if you act completely within the framework of the current legislation, then you will be able to cope with all this without any problems. But, be that as it may, always be careful on the road! No financial compensation will return wasted nerves and health.
In 2017, premiums for MTPL insurance increased, but this is a mandatory procedure in accordance with the legislation of the Russian Federation. However, you can often encounter a situation: a victim in an accident without insurance, what to do? In fact, the procedure is standard, the key problem is compensation for damage, collection of papers and other nuances.
If an accident occurs, the innocent participant does not have compulsory motor liability insurance? You should act in the current situation according to the proven scheme. This is the answer to a common question: what to do when the victim of an accident has no insurance? If compulsory motor liability insurance has not been issued for any of the reasons (the driver’s personal reluctance to purchase compulsory insurance, he simply did not have time to issue it, the deadline has expired), you will have to do the following:
- Do not allow your emotions to get out of control and calm down;
- Do everything according to the instructions: stop the vehicle, turn on the emergency lights, install the appropriate sign on the road, after making sure that there are no injured people or people requiring hospitalization. Otherwise, you must call an ambulance;
- Even if the victim in an accident does not have compulsory motor liability insurance for 2017, the next step is to call the traffic police. Before arriving, it is recommended to do the following: record the key moments of the accident, do not hide the fact that there is no compulsory motor liability insurance for 2017, check the DVR, write down the license plates of the participants in the accident;
- If you don’t have insurance and get into an accident, but you’re not at fault, try to prove it to the visiting traffic police representatives in view of the presumption of innocence;
- It is strictly forbidden to move from one place to another and remove elements of an accident from the road, since even if you are not at fault and there is no MTPL insurance 2017, such actions can be considered an attempt to hide important information and sabotage the work of police officers;
- The easiest way to solve the problem, if there is no compulsory motor liability insurance and the driver is not to blame for the accident, is to agree on compensation for the loss with the culprit. This is possible for minor damage.
I got into an accident without insurance, but it’s not my fault - how can I get fair compensation in such a case? Of course, without a compulsory motor liability insurance policy for 2017, the procedure for obtaining funds from the culprit may be delayed. A victim without insurance will have to collect the required package of documents independently and write a special application for compensation for damage.
Who will compensate for the damage if the victim does not have a compulsory motor liability insurance policy?
If the victim of an accident does not have insurance, who will compensate for the damage? The compensation payment operation is carried out by the insurance company where the MTPL policy was purchased in 2017. In some cases, vehicle owners without insurance may have problems - the amount of compensation is deliberately underestimated.
Calculating it yourself is not a problem; it is enough to compare the money spent on repairs and the funds compensated by the insurance company. If sabotage is detected, you must immediately contact the relevant authorities. It is not easy to prove the correctness and intentionality of understating the payment, but if you have free time and consultation with a specialist, it is possible to obtain a refund for car repairs.
Will the fact that the injured party has an MTPL insurance policy affect the receipt of insurance payment?
In a situation in which the victim does not have compulsory motor liability insurance for 2017, there is no need to panic, since the fine for the lack of compulsory insurance is only 800 rubles, despite the fact that the reason for its absence does not matter. It is strongly recommended to avoid such situations and not to become involved in an accident without compulsory motor liability insurance in 2017.
The situation becomes more complicated if everyone involved in the incident does not have insurance. In most such cases, the matter is resolved in court. Without compulsory motor liability insurance in 2017, the driver risks getting involved in a process that takes a lot of time and effort, since usually the employees of the insurance company are involved in solving the problem.
Conclusion
When answering the question of what to do if the victim is in an accident without insurance, one thing should be said - act according to the standard algorithm and be prepared for the fact that you will have to pay a fine for violating mandatory insurance rules. Otherwise, the participant in the accident is not in danger, provided that this is the first time. Despite the fact that MTPL insurance premiums increased in 2017, one should not neglect the services of insurers, since with their help, compensation for damage and analysis of the situation is much calmer and faster.
Good day everyone! Lately, the question has often been asked on forums: what will happen to the payment if the victim in an accident does not have a compulsory third party liability insurance policy? This is exactly what we will answer in today’s article.
Unfortunately, due to the rising cost of policies, up to 30 percent of drivers, especially those driving cheap cars, ignore the obligation to purchase compulsory motor liability insurance policies, preferring to pay fines.
It is a common belief that a motorist without a compulsory motor liability insurance policy, being a victim of an accident, cannot count on payment, but this is not the case.
The fact is that the obligation to purchase an MTPL policy is in no way connected with the obligation to compensate for damage. By purchasing an MTPL policy, you insure YOUR liability to third parties, i.e. the beneficiary under the MTPL agreement is not you, but a third party (the injured party).
It’s simpler - you have a policy, you are the culprit, but the victim of your actions receives it!
Now the facts:
- an accident occurred (traffic accident),
— An accident occurs due to someone’s FAULT, i.e. there is a culprit,
- DAMAGE was caused as a result of an accident,
— DAMAGE must be compensated by the culprit, unless his liability is insured. Since the culprit has a compulsory motor liability insurance policy and his liability is insured, the DAMAGE IS COMPENSATED BY THE INSURANCE COMPANY with which the culprit’s liability is insured.
To receive payment, as a victim of an accident, you need to provide all documents about the accident to the insurance company of the person at fault, and your compulsory motor liability insurance policy is not on this list.
The fact that your liability under compulsory motor liability insurance is not insured is not a basis for refusing payment.
Let's look at the situation.
You got into an accident, you do not have a compulsory motor liability insurance policy (expired or were not purchased) and you are a victim, i.e. The accident was not your fault.
For example, you were driving at a traffic light, and the driver at fault for the accident ignored the prohibiting traffic signal, drove into the intersection and, as a result, a collision occurred. You don’t have a compulsory motor liability insurance policy, but the culprit does.
Actions of traffic police officers.
1) establishing the cause and culprit of the accident. At this stage, the participants in the accident will be interviewed, and if they agree on their assessments of the situation, the registration of the incident will begin.
2) identification of administrative offenses committed by the parties. At this stage, you (except for the case of owning a car for less than 10 days) will receive a fine for violating part 2 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation (driving without compulsory motor liability insurance – a fine of 800 rubles), and the culprit will receive a fine for violating Art. 12.12 Code of Administrative Offenses of the Russian Federation (Driving through a prohibiting traffic light signal - a fine of 1000 rubles)
3) paperwork regarding an accident; most likely, on the spot you will only be given a certificate of participation in an accident; for the rest of the documents you will have to go to the local traffic police in a few days.
Your actions.
You collect all the documents, according to the list, to receive payment from the insurance company and apply for payment to the insurance company of the person responsible for the accident.
The insurance company will make an assessment and make a payment; if the amount of payment does not suit you, you have the right to make an independent assessment and go to court.
Since your liability was not insured at the time of the accident, you cannot apply for direct compensation for losses.
Reading time: 6 minutes
According to the law, drivers do not have the right to drive vehicles without a compulsory motor liability insurance policy. But, unfortunately, many people neglect this rule. As a result, there are often situations when an accident occurs without insurance for one or even all participants in the accident. What to do in such cases is further in the material.
How to act in case of an accident
In the event of a traffic accident in which no people were injured and vehicles were minimally damaged, drivers always have the opportunity to resolve the issue right on the spot. The presence or absence of a policy does not matter here. If you want to pay for the damage caused without involving outside help, and the amount of payment suits both parties, then you can safely resort to this method.
True, the injured party will bear all the risks. If it later turns out that the amount paid on the spot is not enough, then it will no longer be possible to bring the culprit of the accident to justice.
To avoid risks, you need to register the accident in accordance with all the rules. For situations where at least one of the parties to the conflict does not have an insurance policy, it is necessary to call traffic police officers to the scene of the incident. The next steps will depend on who exactly does not have insurance.
You can read about how to behave correctly in the event of an accident in the following material: .
Features of receiving payments
When the insured person becomes the culprit of the accident, the company that issued the policy covers all costs of compensating the injured party for material damage, as well as harm, etc. However, if one of the participants in the accident does not have insurance, and the parties do not have the opportunity/desire to resolve the issue without involving the traffic police, then all sorts of difficulties begin.
So, if a victim of an accident who is not the culprit does not have a policy, then this is not so bad. The maximum that threatens him is administrative liability, he will have to pay. The injured driver will still receive compensation for harm: either directly from the person responsible for the accident, or through his insurance company.
But if the one who caused the accident got into an accident without insurance, everything is much worse. Firstly, such a driver is also subject to a fine for non-compliance with the law regarding motor vehicle liability insurance. Secondly, if you get caught, have no insurance and are guilty, then you will have to pay compensation for the harm caused to another person (persons) from your own wallet. And if not, then you will need to restore your own car at your own expense.
Considering the size of the expenses, we can safely say that suffering damage in an accident without compulsory motor liability insurance is a real financial disaster, which can be avoided not only by careful driving, but, best of all, by taking out a policy in advance.
If the person at fault does not have a policy
It is important to note that the culprit of the accident has the right to conduct his own independent examination. It is quite possible that its results and the final amount of payments will differ from the amounts indicated to the victims. This point must subsequently be taken into account by both the victim and the court.
If the accident victim does not have a policy
A victim involved in an accident without compulsory motor liability insurance is in a slightly more attractive position than the guilty party, because his rights are insured by law: in any case, he is entitled to monetary compensation for material damage and harm caused to health.
The procedure before the arrival of traffic police representatives is absolutely the same. But the further pattern of behavior will depend on whether the guilty party has a policy. If not, then you need to act as described in the previous paragraph. If the victim does not have MTPL insurance in case of an accident, but the perpetrator does, then you need to:
- Submit the person responsible for the incident to the insurance company.
- Wait for the results of the examination.
- If necessary, conduct your own independent examination, notifying the culprit of the accident and his insurers in advance.
- If the wishes of the injured party regarding the amount of material compensation differ from the proposals of the insurance company, then the first must file a pre-trial claim.
- If the insurance company refuses to accept the conditions put forward by the victim, he can go to court.
Just as in the case of an uninsured culprit of an accident, if the victim in an accident does not have a compulsory motor liability insurance policy, he will have to pay a fine.
Non-working insurance
There are often situations when the party at fault in a traffic accident has insurance, but for some reason it is invalid. Let's look at the most popular questions.
What to do if the person at fault for the accident has a fake MTPL policy?
Let us immediately note that for using a fake policy, the driver faces deprivation of his license, administrative or even criminal liability and a significant fine.
The victim can receive money from such a car owner in approximately the same way as if the culprit does not have a policy. The only exception is that he will first have to submit an application to (RSA) with a request to conduct an insurance examination.
If the RSA confirms that the person at fault for the accident is the victim, then the victim will then have to conduct a car examination himself, send a claim to the guilty party and, most likely, ultimately go to court.
If we are talking about the so-called double policy, when several cars are registered under the same insurance number, then there is a chance to receive compensation from the insurance company. The presence of such a policy with all the signatures and seals, as well as receipts for payment of the state duty for its registration, are good reasons to believe that the owner has an official “motor citizen”. Other nuances are the problems of the insurance company itself. In the future, if the driver is found to be at fault in taking out a double policy, the insurance company will simply file a counterclaim against him.
What to do if the person at fault for an accident has expired insurance?
This situation is equivalent to the driver having no insurance policy at all, so the procedure will be identical. The entire burden of organizational problems will fall on the shoulders of the injured party. And the entire amount of payment goes to the culprit of the incident.
What to do if the person at fault for the accident is not included in the compulsory motor liability insurance policy?
Option one - an insurance agreement has been concluded with an unlimited number of drivers allowed to drive this car, and the person at fault for the accident has a power of attorney to drive this car. In this case, no problems will arise. The insurance company will be obliged to compensate the victim for the damage in full.
The second option is that the insurance agreement lists a limited list of persons, which does not include the person who caused the accident. In this case, this person has a power of attorney to drive the car. To begin with, the culprit of the accident is entitled to a fine. The insurance company will still have to compensate for the damage caused by this driver to other road users. But after this, the company has every right to initiate a counterclaim against the negligent driver, recovering from him the amount spent on the insured event.
The third option is the driver who caused the accident without MTPL insurance (not included in the policy) and does not have a power of attorney to drive the vehicle. Things are bad here. In this case, the insurance company does not owe anything. The victim will have to receive the money from the culprit himself.
Recovery of damages from the culprit of an accident: Video
The number of cars on the roads is increasing every day. At the same time, road traffic accidents are also increasing.
Therefore, every driver needs to have an idea of what actions to take in the event of an emergency, how to solve the problem as quickly as possible.
Many people don’t know what to do if they get into an accident without insurance and it’s not their fault.. It’s worth figuring out what actions you can take to minimize your temporary financial costs.
It often happens that when you get into an accident, the insurance policy is missing for some reason, as well as the fault of the citizen himself.
In 2020, an MTPL policy is an obligation, not a right, of citizens who operate cars. After all, insurance allows you to solve several different problems at the same time.
First of all, this is a guarantee of protecting a citizen from financial losses in a situation where he is completely innocent of causing an accident.
If a person involved in a traffic accident does not have a compulsory motor liability insurance policy, and he is not at fault, then you need to follow the standard algorithm.
If you do not have insurance, it is very important to prepare in advance for the situation when an accident occurs. Thus, it will be possible to avoid standard mistakes and unexpected financial expenses.
In the event of an accident where the victim does not have compulsory motor liability insurance, the algorithm of actions looks like this:
If a traffic accident occurs, you should wait for the traffic police. As soon as they appear, do not immediately rush to prove your innocence.
The process of communicating with law enforcement agencies must be approached in a calm, balanced state. The most competent actions look like this:
Proceedings that relate to road accidents are the most complex. It is necessary to familiarize yourself with all the subtleties in advance, since judicial practice is ambiguous.
It is quite difficult to prove your innocence on your own, so it makes sense to use the services of a qualified specialist.
The easiest way to prove your innocence is data from the DVR. If it is present, it is possible to determine how the participants in the accident moved and in what direction.
In the absence of a DVR, a way out of the situation may be to obtain recordings from CCTV cameras located on buildings.
You can also prove innocence by collecting testimony. That is why immediately after an accident it is necessary to interview all passers-by and other drivers.
It is important for every car owner to know what to do after an accident, since without witness testimony and video recordings it will be very difficult to prove your innocence.
After a road accident, an innocent driver without a compulsory motor liability insurance policy is interested in the question of who will pay the insurance. To recover funds from the insurance company of the culprit, you need to collect a list of necessary documents.
They must be presented to the insurer along with the claim for damages. Because in this case, it will be the insurance company responsible for the accident that will pay the money.
Insurers determine the amount of compensation in 2020 based on the results of the examination. In this case, the amount may be deliberately underestimated in favor of the culprit of the accident.
In the event that during the proceedings, a person notices that the damage that was caused significantly exceeds the amount of compensation, an independent examination should be immediately carried out.
If its results do not coincide with the insurer’s data, you need to go to court. Only a timely trial will help compensate for the damage to the maximum.
Thus, if the victim of an accident does not have compulsory motor liability insurance, the insurance company of the perpetrator must compensate for the damage. This process may differ depending on which policy will be used to collect funds:
- according to OSAGO;
- according to CASCO.
Video: Road accident without compulsory motor liability insurance: who will bear responsibility?
If there is a need to receive compensation under compulsory motor liability insurance, you should follow the following algorithm:
If a person is involved in an accident, but the culprit only has a CASCO policy, then he is considered the same offender as a person without insurance at all. The victim needs to collect the necessary package of documents and contact the insurance company of the culprit.
If possible, problems should be resolved out of court.
When collecting funds through CASCO, it is important to remember some points:
- The sooner you apply for damages, the better.
- Wait for the examination of the insurance company, which must be carried out within 5 days.
- Evaluate the results of the examination; if they are not satisfactory, you need to repeat the procedure and go to court.
The person at fault must provide all information in writing. The insurer is obliged to pay the damage in full.
In most cases, if both parties involved in an accident do not have insurance, they have to go to court. This situation is the most difficult. Therefore, the question of what will happen if you get into an accident without insurance does not lose its relevance.
An innocent person in an accident should immediately go to court if:
- the culprit of the accident does not plead guilty;
- refuses to compensate for damage;
- significant damage was caused.
If the damage is minor, there is no point in going to court; it is easier to negotiate on your own. When all participants in the accident are without insurance policies, you need to act as follows:
- Call the traffic police inspectors to the scene of the accident.
- Conduct an independent examination.
- If the culprit agrees with the results, then the amount of compensation must be determined.
- If the injured party is satisfied with the proposed amount of payments, the problem can be resolved by agreement.
Thus, the absence of a compulsory motor liability insurance policy for a victim in an accident is not an obstacle to compensation for the damage that was caused to him.
