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OSAGO insurance is a mandatory type of insurance provided for by law. If there is no such agreement, then the driver is already violating the law. In this case, it is a deliberate violation.
Of course, you can ignore it, but if it weren’t for the accident. There's no way out here. In other words, you will have to pay a fine for not having insurance. In this case, the injured party will still have to compensate for the damage, especially if the driver caused the traffic accident.
They say that an insurance contract with MTPL allows you to save money? But this is far from true. Look at the essence: when an accident occurs, the driver who caused the accident is obliged to compensate the damage to both the injured person and pay a certain amount to the state.
If you are involved in an accident without compulsory motor liability insurance and are at fault, what next?
What happens if the person at fault has an accident without compulsory motor liability insurance? Let's consider what punishment the culprit faces.
This year, the MTPL insurance policy has prepared a surprise for drivers. Firstly, tougher liability for lack of insurance. This tightening of the requirement for each driver to have a policy is dictated by the requirements of the state, which strives as much as possible to assign all disputes between insurance companies and participants in an accident to the company and the participant in the accident. It is for this reason that the lack of compulsory motor liability insurance turns driving a car into a problem.
The first thing that threatens a driver without a policy is fine. But no matter how the state tries to tighten the requirements for insurance, there are still cases when participants in an accident do not have such a document, which entails legal liability. Despite the fact that there is no strict fixation of punishment for the lack of a policy, penalties still exist. It is based in accordance with Art. 12.3 and part 1.2. Article 12.37 Code of Administrative Offenses.
In accordance with the chosen article of punishment, the driver who caused the accident is given a warning or fined, in the amount of 500 to 800 rubles.
Being at fault for an accident without insurance is the most difficult situation. Especially when the driver did not admit his guilt. An option in such situations is to have expired insurance.
And no matter what anyone advises, in the event of an accident, it is necessary to urgently seek help from the company where the insurance was previously issued and, most importantly, first of all contact the traffic police so that they can provide assistance in drawing up the appropriate document.
The downside in this case is a fine for the participant who was to blame for the accident. Punishment cannot be avoided here. Unfortunately, it is imposed to the maximum in accordance with Art. Code of Administrative Offenses of the Russian Federation, Part 1, Article 12.37, is a fine in the amount of 800 rubles.
Committed an accident without insurance and is at fault
An accident has occurred, and the culprit does not have a compulsory motor liability insurance policy - this is not a reason for refusing to pay damages to the injured party. True, here it is necessary to warn the participants in the accident from paying damages and paying compensation right on the road.
But, if both participants in the road accident do not have a policy, then in this case, the case of the road accident is sent to the court for consideration. Here, you need to require a receipt from the victim, the text of which should be from a fixed certain amount of payment of funds, to resolve the situation in exchange for further refusal of legal proceedings.
In the event that all participants in an accident do not have insurance, the issue of payment of damages is resolved only with a court decision.
In other words, it is worth noting that today, having compulsory motor liability insurance is a guarantee of damages in case of any accident.
The main thing, when one of the participants in an accident or both parties does not have insurance, is to call a traffic police inspector to record the fact of its absence. In addition, the traffic police representative is also a witness when compiling an inventory of the damage caused. All further issues of compensation payments are resolved only in court.
What to do if you get into an accident without insurance, but the victim?
In general, yes. If you have an accident and your policy has expired, be prepared for trouble. Either the culprit or the victim, both parties to the accident will have to pay a fine immediately. But then each driver has several options for resolving the situation: 
- If you become the culprit of an accident, you will have to pay the entire amount to the victim. That is, compensate the entire amount from your own pocket. At the same time, the decision on compensation for damage is made by the court, taking into account the moral side of the harm caused. If you think that no one will notice your expired policy? This is mistake. This fact will be recorded in the protocol of the traffic police representative. And the victim himself has every right to turn to independent experts to assess the damage caused.
- If you get into an accident, the policy has expired and the other driver is recognized as the culprit, then by law the guilty party is obliged to compensate the entire amount of damage caused, the victim will still pay.
It would not hurt to know what they say: if the transport does not comply with established standards and the schedule for checking the technical condition of the car, then the insurance company may refuse to pay for the damage, this is a violation of the insurance contract. Failure to undergo a timely inspection does not affect the insurance payment.
Find out more about what to do if you get into an accident without insurance in this video:
According to Federal Law No. 40, Part 2, Article 4, drivers do not have the right to drive vehicles without an MTPL policy. However, statistics show that about half of car owners do not take out insurance.
They probably think that paying a fine is much cheaper than purchasing an auto liability policy.
But situations on the road are different. And no one is safe from accidents.
What to do if the culprit of the accident does not have insurance? Is it possible to recover compensation from him for the damage caused?
Why does a driver need insurance?
The operating principle of the compulsory motor liability insurance policy is that when an accident occurs, the insurer of the guilty party pays a set amount of money to repair the car to the injured party.
What if the culprit of the accident does not have insurance? What should the victim do? Since the driver's liability is not insured, there is no insurance company that could cover the payments.
According to Part 1 of Art. 1064 of the Civil Code of the Russian Federation, as well as Federal Law No. 337, the culprit of the accident bears all costs for repairing the injured person’s car and his own vehicle.
In addition, he will have to pay a fine for driving a car without an insurance policy, equal to 800 rubles, and also incur additional financial costs, including compensation and moral damage caused to the victim.
All this says one thing: MTPL policy is a necessary document for every driver. By insuring your liability, you transfer part of the financial losses in an accident to the insurer and are freed from administrative liability, as well as from the numerous hassles associated with litigation.
If the person at fault for an accident does not have compulsory motor liability insurance: what to do?
There are 3 options to resolve the issue:
- Resolving problems on the spot, without subsequent litigation.
- Pre-trial claim: the culprit, at the stage of proceedings, decides to pay for the losses of the victim on a voluntary basis.
- Legal action: the culprit is forced to pay compensation.
Video: What to do if the person at fault for an accident does not have a compulsory motor liability insurance policy?
If there are no casualties, then your actions may be as follows:
- Take a photo or video of the incident.
- Fill out the notice.
- Go to the nearest traffic police post to register the accident.
If the culprit of the accident is ready to immediately compensate for the damage, right at the scene of the accident, then you are in luck - there will be less hassle in the future.
But the provocateur of an accident does not always have the required amount of money with him to compensate for the damage. In this case, you can issue a receipt guaranteeing payment.
The advantages of this method of solving the problem are obvious:
- it saves time;
- eliminates disputes with the traffic police;
- the culprit will avoid a fine for driving without insurance.
How to make a receipt? The receipt is drawn up in any form with the following information:
- Full names of participants, their addresses;
- description of the situation;
- damage received by the car;
- reasons for compensation of damage by the culprit;
- information about cars (makes, models, PTS numbers, license plates, VIN numbers, etc.);
- indication of the amount and timing of the transfer of money.
It would be better if the culprit wrote the entire text of the receipt by hand. The document must have the signatures of both participants in the accident.
If the person at fault for the accident does not agree to your terms, call the traffic police. Make sure that the inspector records in the certificate that your opponent does not have a compulsory motor liability insurance policy.
In addition, you should indicate his data:
- place of residence;
- phone number.
The next step is to collect a package of documents for drawing up a legal claim, which includes:
- Independent examination report. This procedure is not cheap: from 2000 to 7000 rubles. However, this document is very important because it contains a description of all damages and an estimate of damages.
- Vehicle recycling report. A TCB report is drawn up only when the vehicle cannot be restored. This document costs from 2,000 to 5,000 rubles. When drawing up both reports, the presence of the person responsible for the accident is necessary. Send him a formal notice by mail in advance. It is important that he signs the receipt of the paper.
- Pre-trial claim. This document can be drawn up by lawyers, and it will cost you 3,000-5,000 rubles. By the way, there is nothing complicated in drawing up a claim, so you can write it yourself. It must indicate:
- route direction;
- accident location;
- circumstances of the accident.
Support all claims against the culprit with excerpts from the law. At the end, indicate the total amount of damage caused.
Please note: the final amount of compensation may be higher than that indicated in the expert’s report. You have the right to include evacuation services, a lawyer, all examinations, as well as moral damages.
Attach the following documents to your claim:
- a copy of the accident report;
- a copy of the administrative violation resolution;
- copies of letters in which the culprit is invited for inspection;
- expert opinion on damage assessment;
- copies of documents for the vehicle;
- receipts confirming all your expenses.
In most cases, after submitting a pre-trial claim, those responsible for the accident agree to pay the amount set by independent experts.
If the case is brought to court, then in addition to damages, the culprit will have to pay legal costs.
If the offer to pay for damages under a pre-trial claim is rejected, the entire package of documents is forwarded to the court.
In addition, it is necessary to draw up a statement of claim.
To handle the case competently, it is better to hire a lawyer, but he will need to immediately pay a certain amount.
The statement of claim is usually filed with the court at the place of registration of the culprit (Article 28 of the Code of Civil Procedure of the Russian Federation), but this is not necessary.
If the amount claimed does not exceed 50,000 rubles, then the case is handled by a magistrate; If the compensation is higher, the case is sent to the district court.
Documentation
The entire list of documentation specified earlier is attached to the claim.. True, instead of copies, the judge will need originals of documents such as:
- expert opinion;
- certificate of accident;
- resolution on administrative violation;
- inviting the culprit for examination.
In addition, the package is complemented by:
- power of attorney to conduct business (if you hired a lawyer);
- receipt for payment of state duty;
- documents for pre-trial settlement;
- a copy of the statement of claim intended for the guilty party.
Drawing up a statement of claim
The statement of claim must be drawn up correctly, in accordance with Art. 131 Code of Civil Procedure of the Russian Federation. It contains the same information as the pre-trial claim, but it also includes a story about the attempted pre-trial settlement.
In addition to compensation for the main damage with associated expenses, you have the right to demand compensation for moral damage (Article 94 of the Code of Civil Procedure of the Russian Federation). The period during which it is possible to file a claim against the person responsible for the accident is 3 years.
The trial takes from 1 to 3 months. But if the person responsible for the accident fails to appear at the hearing, the litigation may drag on indefinitely.
To speed up the process of receiving compensation, a lawyer may request the court to seize the vehicle of the person responsible for the accident.
Even the lack of permanent work cannot be a reason for refusal to pay compensation. By a court decision, the person responsible for the accident may be required to pay 50% of their monthly earnings.
The amount can rise to 70% if the accident also caused serious harm to health.
For using a fake policy, the car owner faces deprivation of rights, a significant fine, administrative or even criminal liability. You can receive compensation from such a driver according to the scheme presented above.
The only exception is that he will first have to submit an application to the RSA (Russian Union of Auto Insurers) with a request for an insurance examination.
If the RSA confirms the falsity of the OSAGO, the victim will then have to conduct a car examination, submit a claim and, possibly, ultimately go to court.
If the culprit has a duplicate policy (when several cars are registered under the same insurance number), then the chance of receiving compensation from the insurance company is quite high.
An expired policy is equivalent to a complete lack of insurance, and all costs of compensation for damage will fall on the culprit of the accident.
Within 10 days after the court's decision, each party receives a court order. If the culprit of the accident is in no hurry to pay the compensation established by the court, then the victim should contact the bailiff service.
This organization is called upon to execute court decisions and has its own methods of influencing the debtor for this purpose. For example, bailiffs have the right to block registration actions on the debtor’s car or foreclose on property of which he is the owner.
The victim must constantly ask the bailiffs about the measures taken and the progress of the case. This forces service employees to work faster and better, for example, to file a second claim demanding indexation of the amount of debt in connection with the level of inflation in the country.
Usually such court cases are resolved by paying off the debt.
So, if you are involved in an accident, and the person responsible for the accident does not have insurance, try your best to solve the problem without litigation, since this process is not a pleasant one, and it will cost a pretty penny.
The success of a case brought to court largely depends on the proper execution of documents. We hope that the information presented above in the article will help you if a similar situation arises.
Driving a car without compulsory motor insurance is illegal. However, not all drivers follow this important rule. As a result, very often accidents are recorded without insurance for one or both participants in the incident. What to do if this happens, we will look into it in detail in our article.
How to act
If an accident occurs, and there are no casualties, and the vehicle is not severely damaged, then motorists can negotiate directly on the spot. In the situation under consideration, the absence or presence of insurance does not matter. If drivers agree among themselves and want to pay for the damage received without traffic cops, and there are no contradictions regarding the monetary side, then this option is quite suitable.
But you need to understand that in this “situation” all risks fall on the shoulders of the “passive” participant in the accident. If after a while it turns out that the amount of damage is not enough, then it will no longer be possible to bring the culprit of the road accident to justice.
To prevent this from happening, it is recommended to file an accident according to the established rules. If one of the participants in the accident does not have a policy, then the traffic police should be involved in assistance. The order of subsequent actions will be determined by who exactly does not have a policy.
Payments
When the initiator of the incident is a person with insurance, the company that issued the policy is obliged to compensate the victim for material damage and harm caused to the health and life of people. But if one of the participants in the accident does not have insurance, and the car owners do not want to reach an agreement without inspectors, then some problems may arise.
If the car is not insured and is involved in an accident, and the other driver is at fault, then this is not catastrophic. Most likely, this culprit will simply face administrative punishment.
If a car without insurance is involved in an accident, then its owner will need to pay a fine, which is due for the absence of this important document. The injured motorist will still receive compensation for the damage. It will be paid either by the insurance company or by the driver at fault for the accident.
And if the driver at fault for the accident gets into an accident without insurance, then there will be much more problems. Such a motorist will have to pay a fine for violating the laws. In addition, if you get into an accident and there is no insurance, then you will have to pay for the damage caused to other people yourself, since the insurance has nothing to do with it. And if there is no CASCO insurance, then you will have to pay out of your own wallet even for the repair of your car.
Once you have roughly calculated everything, you can understand that suffering damage in an accident without compulsory motor liability insurance is a huge blow to the budget. To avoid this, it is still recommended to take out insurance, and, of course, be careful on the roads and not break traffic rules.
The culprit has no insurance
It was said earlier that in the event of a minor accident, both drivers can try to come to an agreement directly on the spot. If the driver who initiated the incident wants to pay the victim on the spot, then you should request a receipt stating that the second driver does not have any monetary claims.
If the incident is serious, when the culprit of the accident is without insurance, what should the law establish in 2019? Then you need to call the traffic police, who, upon arrival, will draw up papers for further proceedings.
Before the inspectors arrive, there is no need to touch anything at the scene of the incident, because all traces of the incident will be taken into account when drawing up a diagram. It is recommended to photograph the scene of the accident and the location of the car in a photo or video.
When registering an accident, if the culprit does not have insurance, inspectors must note this fact when drawing up documents. At the end of the proceedings, a photocopy of documents with passport data about the other party is handed over to the culprit. The second is for the victim.
- The victim pays for an independent examination, and, if necessary, for others. The second driver must be notified that these studies will be carried out. This must be done within 3 days (not calendar days, but working days), if the culprit lives in the city, if in the region, then within 5 days. Notice may be delivered by telegram or registered mail.
- Taking into account the results of the examinations, write a pre-trial claim. A lawyer can help you do this. This letter requests an amount to compensate for harm caused to health and material, as well as expenses for the work of lawyers and an expert.
What to do if the person at fault for the accident does not have a compulsory motor liability insurance policy and does not want to compensate for the damage requested by the victim. Then the issue will have to be resolved through court.
You need to know that the culprit has the right to carry out an independent examination himself. It is quite possible that the results of such an inspection and the final amount will not coincide with the amounts indicated by the victim. This nuance is taken into account with the court and the victim.
If the victim does not have insurance
Anyone involved in an accident without compulsory motor liability insurance necessarily receives financial compensation for injuries sustained and damage to the car. While waiting for the inspectors, you need to act in exactly the same way as in the case that we discussed above. But further actions depend on whether the initiator of the accident has insurance. If it is not there, then the actions should be similar to those described in the previous paragraph. If the victim does not have insurance, but the perpetrator has it, then you should:
- Contact the insurance company at fault by submitting a notice.
- Wait for the results of the examination.
- If there is a need, then carry out an independent examination yourself, notifying the culprit of the incident and his insurance company about it.
- If the wishes of the victim regarding the amount of monetary compensation differ from the one proposed by the insurers, then the victim files a pre-trial claim.
- If the insurers do not agree with the conditions of the victim, the latter goes to court.
Similarly, as in the case of the culprit without insurance, if the victim in an accident does not have a compulsory motor liability insurance policy, he faces a mandatory fine.
Non-working policy
This often happens when the motorist who is at fault in an accident has a policy, but for one reason or another it is not valid. This can be caused by various reasons; we’ll talk in detail about the most common ones, and also look at the actions that need to be taken in each situation. 
If the culprit has a fake OSAGO policy
It must be said that a driver who uses fake insurance is doomed to a large fine, liability (sometimes even criminal) and deprivation of his driver's license.
The victim can receive compensation from such a driver according to the same principle as in the case if the culprit does not have a policy. But there is one small nuance - an application is initially drawn up and submitted to the RSA, which indicates a request to perform an insurance check.
If the specified department, after checking, confirms that the person at fault for the accident has a fake MTPL policy, then the victim will then have to independently carry out an examination and send a claim to the initiator of the accident. Often in such circumstances it is necessary to resolve the issue through the courts.
Having such insurance, with the appropriate stamps and seals, as well as a receipt confirming payment of the state duty for its production, are grounds to believe that this driver has absolutely legal insurance. Other issues are already problems of the insurance organization. If after a while it is determined that the driver took out a double policy, then the insurers have the right to file a counterclaim against him.
If the culprit has an expired policy
The first case is that an insurance contract has been drawn up with an unlimited number of motorists who are allowed to drive this vehicle, and the person at fault for the accident has a power of attorney to drive this car. Then there will be no difficulties. The company will have to pay the full damages.
Another case is when the insurance contract contains a list of persons, among whom the culprit of the accident is not present. Moreover, this person has a power of attorney to drive a car. Initially, the culprit will be fined. Insurers will definitely need to compensate for the damage caused by this driver to other persons. However, after this, insurers have the right to file a counterclaim against the driver.
Another option is the driver who caused the accident without MTPL insurance (not included in the policy) and he does not have a power of attorney to drive the vehicle. This is the worst case and then insurers owe absolutely nothing. You must make the payment yourself.
If you get into an accident without insurance, you will have to fully feel your own mistake. It is not for nothing that obtaining a motor vehicle license has become mandatory, because companies provide useful support to every person, even though you often have to fight with them. In difficult situations, you will have to follow a certain order of actions that guarantees the optimal solution. Even for pensioners, it is much easier to obtain than to take into account all the nuances of the disaster.
Lack of insurance is rare, because experienced drivers take care of all the documents in advance. In such situations, it is worth using the services of a professional lawyer who is ready to give advice by phone. After which it will be possible to cope with any claims that may be put forward by the other party. It is better to contact a specialist without wasting time on endless proceedings.
Procedure in the absence of insurance
When you get into an accident without insurance, you need to admit it right away. In any case, the traffic police inspector will conduct the necessary check, so the lack of documents will be detected instantly. There are certain stages that tell you how to cope with the situation. Their consistent implementation makes it possible to eliminate possible violations of the legislation of the Russian Federation.
- Obtain a certificate from the traffic police;
- Inspect the damaged vehicle;
- Obtain an assessment of the victim’s condition;
- Participate in court proceedings.
If the culprit is involved in an accident without insurance, it will be more difficult for him to cope with the necessary actions. Still, the policy remains a mandatory document, so in any case you will have to bear administrative responsibility. The accident must be dealt with step by step, with the actions of both parties remaining the same. There is a slight difference if damage to health is caused in an accident, but this nuance should be discussed separately.
Important! The procedure for action in case of an accident is the mandatory steps that allow you to go through a difficult path and achieve justice.
Get a certificate from the traffic police
First you will have to obtain a certificate from the traffic police. When you get into an accident without insurance, this action becomes a priority. The trial is based on it, since it includes all the information. It will be required to be provided when conducting a case to resolve the situation. After which lawyers will be able to challenge any decision to ensure positive conclusions for the driver. Moreover, on the spot it is necessary to familiarize yourself with the details of the records in advance so that they correspond to the truth.
Inspect the damaged vehicle
The next stage is a technical examination in case of an accident. If a driver is involved in an accident without insurance, he should definitely take part in it. It doesn’t matter whether he was the culprit or the victim, in any case, the information must be verified. It will be needed to assess the damage caused to the vehicle. Usually the data is necessary for subsequent litigation with the insurance company, but in this case the situation is different. Both parties must know the exact amount, since the payment will be made under a private court order. Accordingly, mistakes should not be made so that subsequently restoring the machine does not require additional investments.
Obtain an assessment of the victim's condition
Insurance is provided for by the legislation of the Russian Federation, but in its absence, the person involved in an accident must behave correctly towards the victim. In such situations, you should visit the hospital and inquire about the cost of treatment. This step is especially important for the perpetrators, who are obliged, after the trial, to fully pay the victim’s expenses, as well as reimbursement. You should not hide and avoid contact, as in this way a person only aggravates the situation. As a result, both the amount and administrative responsibility may change. Such situations are often described by lawyers, because without their help it is rarely possible to correctly approach calculations and behave after a disaster.
Participate in court proceedings
If I get into an accident without insurance, I am at fault, I should tell the traffic police inspector, although the subsequent trial is much more important. Both parties must participate in it, but the victim in this case plays a secondary role. You cannot refuse a challenge, as it is mandatory for the correct resolution of the situation. Practice shows that the absence of a culprit can lead to increased responsibility and an erroneous interpretation of his actions. Ideally, a lawyer should accompany the person to argue on his behalf.
Important! Refusal to attend the courtroom entails a unilateral decision, which is not always truthful.
If you get into an accident, it is better to check with a specialist what to do when there is no insurance. Being a victim, you will have to face considerable difficulties. Usually it is enough to submit the necessary documents to the insurance company, and then wait for a certain amount to restore the car.
In this case, repairs are carried out in two other ways:
- On one's own;
- After .
Most often, a person has to spend personal money to repair the damage received. Some drivers try to negotiate on the spot, but usually the amounts are insufficient. For this reason, it is better to rely on the official decision after the trial. It will give a chance to receive the required funds, although in this case the result still remains doubtful.
The best way is to repair after. After the trial, the transfer amount is established, which is calculated based on an independent assessment of damage after the accident. It can be done through a petition, so the proceedings will probably continue for several months. You will have to be patient to get a fully restored car.
Lack of insurance for the person responsible for the accident
The absence of a driver's license for the person responsible for the accident is a serious problem. In such cases, he will have to fully feel his own responsibility for the action. You should not try to refuse subsequent litigation, because usually the insurance company deals with such issues.
What will the culprit have to face?
- Payment for car damage;
- Payment of damage to the victim;
- Administrative responsibility.
Payment of funds after independent examinations is a prerequisite. This issue remains clear, but administrative responsibility is new for drivers. Previously it was not a necessity, but now it is a condition in accordance with the legislation of the Russian Federation. It is immediately issued, which will have to be paid without fail. In any case, you will have to pay for your own mistake, which is an unconditional condition.
Lack of insurance for a victim in an accident
When a car without insurance is involved in an accident, the situation is most difficult for the victim. He will have to prove his own case for a long time, and then correctly fill out the application to the court. It is more practical to use the services of an experienced lawyer who will tell you what actions will help achieve the desired result.
What will the victim have to face?
- Administrative penalty;
- Long time to receive payment;
- Filing a claim yourself.
The victim will also have to face administrative liability due to the lack of compulsory insurance. The amount is small, but it must be paid so as not to encounter additional methods of influence. The fine will be issued by the traffic police inspector and handed over to the driver.
You can only get the money needed to restore your car through the courts. To do this, you will have to file a claim yourself or contact an experienced one. If you get into an accident without insurance, and I’m right, you need to prove justice. Yes, it will take a lot of time to consider the situation and conduct examinations, but after that a positive decision will probably be made.
When the culprit is involved in an accident without insurance, he will have to bear full responsibility. Although the absence of a motor citizen will disturb the peace of the victim. He will also have to face difficulties. The best advice is to contact a professional lawyer. He will provide support, suggesting how to file a claim in court, and then achieve justice during the proceedings. Because of this, a person will need several months to resolve issues related to repairing his own car.
Video: got into an accident without insurance
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