Road accident in the absence of compulsory motor liability insurance for the victim

What can a victim of an accident expect without a compulsory motor liability insurance policy in 2019?

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 will not be possible to disperse according to the European protocol. 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 the one who will compensate the victim for damages in an accident without compulsory motor liability insurance.

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 insurance company must recognize the accident as an insured event. 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.

What does the victim pay for?

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 - 500 thousand 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 an independent examination (assessment) of the damage caused.
If necessary, go to court.

Road accident without compulsory motor liability insurance – who will bear responsibility: Video

Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.

Anyone involved in an accident without a compulsory motor liability insurance policy will face total losses. Not only will the damage not be compensated, but they will also be fined for lack of insurance. You need to think before you go on the road.

If there is no compulsory motor liability insurance, they simply won’t pay anything and you won’t be able to prove your innocence in this case. You will also have to pay a fine. So it's better not to take risks.

A victim of an accident without a policy will have to pay a fine for not having one. Otherwise, he has the same rights as everyone else, so he must receive compensation from the at-fault party's insurance company.

In such a situation, it will be difficult without a policy. A friend of mine drove with expired insurance. And just got there, a truck drove in. I received a fine immediately and had to restore my car.

It seems to me that in such a situation a person should receive compensation from the insurance company of the person responsible for the accident; there is an insured event that must be paid for by the insurers. The fact that the damaged car has no insurance has nothing to do with this payment.

I had the same situation when a person who did not have insurance drove into me, but they managed to negotiate a small compensation in cash and we parted ways. And if it hadn’t been possible, I don’t even know what I would have had to do.

If it had not been possible, we would have had to collect documents, assess the losses incurred and go to court.

I am a passenger injured in an accident.
Our car is not the culprit of the accident, but it does not have compulsory motor liability insurance. According to the Civil Code, clause 3, Article 1079, each owner is liable (jointly and severally liable). Can I receive compensation for damage to health from 2 participants in an accident??

Hello. The fact that that car does not have compulsory motor liability insurance only means that its driver will receive a fine for not having a policy, and compensation for damage under compulsory motor liability insurance will be paid by the insurance company of the culprit, if he has a policy. If it is not, then the culprit himself must compensate for the damage. Regarding Art. 1079, you are right that the owners of the colliding vehicles are jointly and severally liable for causing harm to third parties, but this does not mean that you will be doubly compensated for the damage. The amount of damage can only be divided among the vehicle owners. Joint and several liability is the responsibility of several people to fulfill one requirement. So, if the person at fault for the accident or his insurance company compensates you for the damage in full, then you will no longer be able to demand it from the other driver. If for some reason the amount of compensation is less than the amount of damage (for example, exceeding the maximum amount of compensation under compulsory motor liability insurance), then you can demand the missing amount from another participant in the accident.

Road accident without insurance, what should the culprit and the victim do?

The content of the article

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.

What to do if the victim does not have compulsory motor liability insurance in case of an accident

A traffic accident can cause harm not only to the car, but also to the health of the driver and passengers. In such cases, damages can be compensated within the framework of an issued MTPL policy. Its absence does not deprive a person of the right to compensation for harm.

What compensation under compulsory motor liability insurance and from whom can a victim without insurance count?

The current legislation does not limit the rights of the victim to compensation for damage caused (Article 6, 14.1 of the Federal Law of April 25, 2002 No. 40-FZ, Article 1064 of the Civil Code of the Russian Federation). Damage caused to property, health and life is compensated. This responsibility is assigned to the guilty party.

In the case of compulsory motor liability insurance, you should contact the insurance company of the guilty party.

Who will compensate for damage in the absence of insurance?

The party indemnifying the damage is determined by Federal Law No. 40. According to the rules of Article 6, property interests arising as a result of damage to life, health or property are subject to compulsory insurance. Thus, the obligation to compensate for harm is assigned to the guilty party.

In this case, the at-fault party's insurance company will act as an intermediary. That is, it compensates for the harm to the injured party, but subsequently recovers costs from the guilty party in the manner of filing recourse claims.

How to act correctly

The procedure for registering an accident, if the victim does not have a policy, has no distinctive features. In such cases, the participation of traffic police officers is a prerequisite.

The algorithm of actions will be as follows:

calling employees to the scene of the accident;
while waiting for them, you cannot leave the scene of the accident and move vehicles;
recording the scene of the accident in photos and videos, if possible;
searching for witnesses, obtaining their addresses and telephone numbers.

In such situations, a European protocol is drawn up, since one of the parties does not have a policy.

What to do after the police arrive

Upon arrival of the traffic police officers, you need to tell them about what happened and transfer the collected information. Next, the police must inspect the scene of the accident. After this, the vehicles can be removed so that they do not interfere with other road users.

The list of actions that must be performed by traffic police officers includes:

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 this, a copy of the protocol must be given to each party to the accident. This document will be included in the evidence base when applying to the insurance company or court. You should make sure that the documents compiled by the police contain information about the participants - passport details, addresses, telephone numbers.

How can you prove your innocence?

Depending on the severity of the consequences, administrative or criminal liability may occur. But either party is not obliged to prove their innocence (Article 1.5 of the Code of Administrative Offenses and Article 14 of the Code of Criminal Procedure of the Russian Federation). However, you should take care of this in advance. Documents and witness statements will be used as evidence of innocence. It would be correct to immediately contact the services of a qualified lawyer. You also need to immediately call an ambulance or arrive at the nearest medical facility if damage has been caused to your health in order to document this fact.

You need to make sure that the person at fault has been tested for the use of alcohol or illegal drugs. This will strengthen the evidence base.

How to get payment in this situation, having become a victim of an accident?

There are two ways to compensate for the damage caused: peaceful and judicial. The injured party chooses any of the options.

If the culprit of the accident himself offers to resolve the dispute peacefully, you should not refuse. This option is simpler and faster.

Peaceful settlement

A peaceful resolution of a dispute can occur in two ways.

First, the guilty party compensates for the damage at its own expense. In this case, the victim will need to collect documents confirming his expenses for treatment or repair of the car - a medical certificate, receipts or checks for the purchase of medicines, or payment for repairs of the vehicle, an expert opinion on the nature and extent of damage to the vehicle. After presenting a written request from the victim, the perpetrator transfers the declared amount of money or credits the funds to the victim’s bank account. It would be correct to issue a receipt or keep the bank receipt.

The second is that the victim contacts the insurance company of the person at fault. In this case, it is necessary to approach the solution of the issue in more detail, since the insurance company specialists will study the situation very carefully.

First of all, you need to imagine:

statement;
passport;
bank details for transferring funds;
documents about the accident, drawn up by the traffic police - a certificate, a protocol;
health report from a medical institution;
certificate of salary (scholarship, pension or other income);
extract from the medical history;
receipts or purchase receipts for medications;
medical report on the need for additional nutrition, prosthetics, outside care, sanatorium treatment, special vehicles and other services;
documentary evidence of funeral expenses if the victim died.

The injured party's claims for compensation for damage must be considered within 20 calendar days (Clause 21, Article 12 of the Federal Law No. 40). The response to the victim must be sent in any case. If a claim is refused, this must be justified. If the payment deadline is violated, the victim is paid 1% of the insurance amount for each day of delay.

Compensation through court

Victims usually go to court when the person at fault or their insurance company has denied their claims. To do this, you need to fill out a statement of claim, to which you must attach documents confirming the validity of the appeal.

You can go to court within 3 years from the date of the accident (Article 196 of the Civil Code of the Russian Federation).

The claim is sent to the court at the location of the defendant. If there are several perpetrators, the demands can be included in one statement. If the amount of compensation is less than 50,000 rubles, the claim is sent to a magistrate, in other cases - to a court of general jurisdiction.

What can you ask for in a claim? Procedure for drawing up the document

The plaintiff has the right to file claims for compensation for damage caused by:

In the latter case, this applies not only to the vehicle. You can compensate for damage caused to other property, for example, transported cargo.

The application must indicate the following:

The name and address of the court to which the claim is being filed.
Information about the parties to the dispute - last name, first name, patronymic, passport details, place of residence, contact telephone number.
A detailed description of the circumstances of the incident - time, date and location of the accident.
The nature of the damage caused.
Plaintiff's claims.
List of attached documents.
Date and signature of the plaintiff.

The application is drawn up in three copies, for both parties and the court.

What documents need to be attached

The list of attached documents depends on the nature of the plaintiff’s claims.

passport;
expert opinion and certificate of work performed to repair a car or other property, if material damage is compensated;
medical certificates and reports, receipts for the purchase of medicines if harm was caused to health;
traffic police documents;
a certificate of earnings if the victim lost income as a result of the accident;
receipt of payment of state duty. The amount is calculated according to the rules of Article 333.19 of the Tax Code of the Russian Federation and depends on the cost of the claim.

The list is not exhaustive. The victim may present other evidence.

Time frame for consideration of the case

A claim of this nature will be considered by the court within 2 months from the moment it is received (Article 154 of the Code of Civil Procedure of the Russian Federation).

Liability and fines for road accidents without compulsory motor liability insurance

Liability in such cases is provided for in Article 12.37 of the Code of Administrative Offenses of the Russian Federation. It is expressed in the form of a fine, the amount of which is 800 rubles.

The law makes no exceptions in this case. That is, both the perpetrator and the victim can be held liable for the lack of a policy, since a fine is imposed for the very fact of driving a vehicle in violation of the rules of compulsory motor liability insurance.

Conclusion

The absence of a compulsory motor liability insurance policy does not deprive the injured party of the right to compensate for the damage caused. It is necessary to call traffic police officers to the scene of the accident and then make demands on the guilty party or its investigative team. In case of refusal, the issue can be resolved in court.

Will compensation be paid if the victim in an accident does not have compulsory motor liability insurance? And who will compensate for the damage?

Sometimes the driving experience of the car owner has absolutely no bearing on whether he can become involved in an accident or not. That is why every driver must purchase a compulsory insurance policy - MTPL.

A situation often arises when the party injured in an accident does not have a compulsory insurance contract, or the party has a policy, but it turns out to be false or expired.

Therefore, many car owners have a reasonable question: can a party injured in an accident receive compensation for damage caused if it does not have a compulsory insurance policy? And who will pay?

What happens if the victim does not have insurance?

If the driver was driving his car and did not have a valid MTPL agreement, then, regardless of whether he was the culprit or the victim of the accident, he faces a fine for driving a car without MTPL.

But penalties from the traffic police do not mean that a driver driving his car without a valid MTPL policy does not have the right to compensation for the damage caused to him.

Will compensation be paid and on what basis?

According to the law on compulsory motor liability insurance (Articles 14.1 and 6), regardless of whether the victim has a compulsory insurance policy or does not have this document, he has the right to receive compensation for the damage caused to him.

If the victim does not have a compulsory insurance contract, then he has the right to receive insurance compensation only from the insurance company of the person responsible for the accident .

Who will pay for damages after an accident?

Will or will there not be payment of compensation for damage caused to the victim if he does not have a policy? The answer to this question will become clear if you understand the term auto liability.

The compulsory insurance contract does not insure the property of the insured, but his civil liability in the event that he becomes the culprit of an accident.

Why is direct reimbursement not possible?

Naturally, a victim who does not have a policy cannot apply for direct compensation for damage (DCP) to his insurance company, since he simply does not have compulsory motor liability insurance and the insurance company is not responsible for it.

And let’s say more, if there are no injured people in an accident, and the damage is caused only to the iron, then the victim is legally obliged to apply for payment to his insurance company. Does this mean that if the victim does not have a policy, then he has nowhere to turn, and therefore, no one to receive compensation from?

No, that's absolutely not true. If the civil liability of the person at fault in an accident is insured under compulsory motor liability insurance, the victim has the right to compensation, because PPV is simply a situation where the victim’s insurance company pays him compensation, and then its expenses are reimbursed by the guilty party’s insurance company (Part 4, Article 14.1 of the “Law on Compulsory Motor Liability Insurance” ).

In this article, part 1 states that for a PES two conditions must be met:

During the accident, only property was damaged, and the number of participants in the accident was only two and no more.
Both participants in the accident have valid compulsory insurance policies.

In our situation, the second condition is not met, and therefore the victim must apply for compensation for damages not to his insurance company (in our case there is none), but to the company of the perpetrator. And even if the victim does not have a formalized MTPL agreement, he can easily receive insurance compensation .

IC of the culprit, if he is insured under MTPL

It is the responsibility of the insurance company that has entered into a civil liability insurance agreement with the person responsible for the accident to compensate for the damage caused to the victim. But taking into account Art. 7 of the “Law on Compulsory Motor Liability Insurance” the amount of insurance compensation can be paid only within the established limit :

When compensating for harm caused to the life and health of the victim, no more than 500 thousand rubles.
When compensating for damage caused to property, no more than 400 thousand rubles.

It does not matter at all how many victims there were, they all have the right to compensation for the damage caused.

Very often, insurance companies, citing various reasons, refuse to pay compensation . Most often, insurance companies give the following arguments:

The culprit was under the influence of alcohol or drugs at the time of the accident.
The culprit did not have the right to drive this vehicle at the time of the accident.
The accident occurred during a period when insurance coverage under the MTPL agreement was not in effect (with seasonal insurance).
The IC license of the person responsible was revoked.

But in fact, none of these grounds is considered a legitimate argument for refusal. In the first two cases, the insurance company, according to current legislation, is obliged to make a payment, but after that it has the right to make recourse claims against the culprit.

The driver of the vehicle at fault for the accident

If the following circumstances occur, the obligation to pay compensation will fall on the shoulders of the perpetrator:

In the event that damage has been caused that is estimated to be higher than the limit established for payments under compulsory motor liability insurance, but only to the extent that the limit is exceeded.
If the damage was not caused while the car was in motion (for example, in a parking lot, if the driver scratched your fender while opening his door).
If it is necessary to recover from the culprit the moral damage caused to the victim in an accident, for example, if in the accident a passenger received bodily injuries, including if these injuries led to death.
If the culprit does not have a civil liability agreement with the insurance company.

What if the culprit of the accident does not have a compulsory motor liability insurance policy?

According to Article 1064 of the Civil Code of the Russian Federation, Part 1, the damage caused is subject to full compensation , and the person who caused it is obliged to compensate it. This can be done either in court or simply by drawing up an agreement on compensation for damage, and of course it must be notarized.

If both parties involved in the accident do not have a valid MTPL policy, then you should proceed as follows:

Be sure to call traffic police officers to the scene of the accident.
Have your car examined after an accident by an independent expert.
If the guilty person agrees with the results of the independent expert’s research, the victim can begin to determine the amount of compensation payment.
If you are satisfied with the amount of compensation, you can reach an agreement with the perpetrator out of court, but if one of you is not satisfied with the amount of compensation, then in this case you have only one option - to court.

Watch a video about the actions of the injured party if the person at fault for the accident does not have compulsory motor liability insurance:

How to get insurance compensation from the perpetrator?

A more complex situation is when the culprit of the accident does not have this insurance, then the participants in the accident can resolve the issue:

or in a pre-trial manner;
or you will have to go to court to receive payment for the damage caused.

Voluntary payment to the injured party

If the damage was not very significant, then it would be better for both parties to reach an agreement out of court, since if you go to court, the culprit will also have to pay legal costs.

All nuances and conflict situations between participants in an accident are discussed through oral negotiations. This method of solving the problem is considered the fastest and most effective. However, this requires interaction between the participants in the accident, which you will agree is not always possible.

It is believed that the procedure for pre-trial settlement of the issue of compensation is the filing of a claim by the victim against the perpetrator.

If you think that the case can be resolved without trial, then the procedure is as follows:

The complaint sent to the perpetrator must be clear and understandable. It should contain:
- description of the accident that occurred;
- a reasoned conclusion about the need for compensation (you must give arguments why you are demanding compensation from this particular person for the damage caused).
Indicate all damage caused to your property (both hidden and obvious).
You must attach a document confirming the damage caused to your property.
It is also necessary to indicate the exact amount that you intend to recover from the culprit.

If the recipient of the claim ignores this appeal or does not agree with the requirements, the injured party has every right to file claims in court.

Compensation through court

The victim should file a claim in court in a number of cases:

The perpetrator considers himself not to blame for what happened.
Refuses to pay compensation for damage caused.
Quite significant damage was caused.

The victim has the right to go to court within 3 years from the date of the accident . If the victim misses this deadline, the court has the right to leave his demands unsatisfied.

You can draw up a statement of claim to the court yourself or seek the help of a competent lawyer. If you intend to compile this document yourself, you should follow the following recommendations:

The defendant in the case can be either the driver who was driving the car at the time of the accident or the owner of the vehicle.
If the person at fault has died, then his heir may be the defendant in your case.

When filing a claim, you must comply with the rules of jurisdiction :

You must file the statement of claim with the court at the place of registration of the defendant (if there are several of them, then at the place of registration of any of them).
If the amount of compensation is less than 50 thousand rubles, then the claim should be filed with a magistrate. Otherwise, the claim is filed in a court of general jurisdiction.
If there are several defendants in your case, then you have the right to file one statement of claim for all of them.

What to ask for in a claim?

The victim has the right to include in the claim all expenses incurred by him related to the accident. However, the volume of claims must be carefully analyzed and calculated.

There are sample claims on the Internet . Having a sample statement of claim will allow you to avoid many mistakes when drawing up this document.

What documents should the victim attach?

You should attach to your claim all the documents that need to be submitted to the court to resolve the accident case:

A claim, that is, a form filled out according to the sample.
Certificate of an insured event (if any).
A certificate of traffic accident issued by traffic police officers.
A document about an offense issued by traffic police officers, for example, a protocol.
If the case is being considered under criminal law, that is, the accident had serious or fatal consequences, then a certificate from law enforcement agencies must be attached to the claim.
Report on the results of the assessment examination from an independent expert.
If so, you should also attach the insurance company’s refusal to compensate for the damage caused to you.
All receipts, agreements, and receipts you have confirming expenses related to the accident that occurred.
A receipt that confirms the fact of payment of the state fee for filing claims in court.

Time frame for consideration of the case

The total period during which civil cases are considered in court is 2 months . The court must, after accepting the claims for consideration, set a date for a hearing in this case. After review and setting a court date, summonses will be sent to the defendants. In the event that the defendants do not respond to subpoenas and do not appear in court, a decision may be made in absentia, that is, without them.

At a court hearing, the defendant has the right to challenge the results of an independent examination. In this case, the court may order a re-examination. If you do not agree with the decision made by the court, you have the right to challenge it within 1 month.

Conclusion

Thus, it turns out that if the victim does not have compulsory motor liability insurance in case of an accident, then he can quite easily receive compensation for the damage suffered from the insurance company of the perpetrator. And if the culprit of the accident does not have insurance, then he will have to pay for the damage caused to the victim, either voluntarily or by court decision.

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Road traffic accident without MTPL insurance

According to the current legislation of the Russian Federation, drivers do not have the right to drive vehicles without a compulsory MTPL insurance policy. If we look at this issue from a practical point of view, we can see that many motorists neglect this rule and often use a car without taking out insurance. That is why controversial issues often arise in resolving conflicts when an accident occurs and is registered. It must be said that it is possible to receive compensation, namely to repair the car, in these cases. However, car owners will have to face a number of difficulties.

Actions in case of an accident with a participant without compulsory motor liability insurance

In case of an accident, the first actions of the participants should be similar, both with and without a compulsory motor liability insurance policy:

Stop the car, get out of it to install a warning triangle at a distance of 15 meters;
If there are victims in a traffic accident, the driver must try to provide them with first aid and call emergency services;
If possible, the driver should inspect the car and record all damage. To do this, you can use photo and video equipment or a written form of recording. Witnesses will be required.

Upon arrival of traffic police inspectors, first of all, the participants must explain their vision of the causes of the accident, describe the situation that occurred and outline the possible consequences of the incident.

It is recommended that you participate in the preparation of the protocol and ensure that all important information is entered. You can point out some points and ask them to be included in the protocol. Also, you need to check that there are no errors in the document. When the driver does not agree with the information in the protocol, this must be indicated in it. Why do you need to leave a “disagree” entry in the free space and list your own arguments. In the event of an accident with a private driver without compulsory motor liability insurance, traffic police officers must take certain actions:

A diagram of the scene of the incident has been drawn up;
The culprit of the accident has been identified;
Witness interviews completed;
The vehicles were inspected and visible damage was noted.

All data must be recorded and entered into the protocol.

After completing the protocol, drivers will be given copies and certificates about the accident. In cases where the person at fault for the accident does not have a compulsory motor liability insurance policy, the victim should rewrite all his data.

Road accident without compulsory motor liability insurance for the victim

In the event of an accident in which the victim does not have an issued compulsory motor liability insurance policy, the culprit must fully fulfill his obligations. Compensation and payments are made as usual.

The victim is usually only charged with a fine for driving a car without taking out a compulsory motor liability insurance policy.

However, in order to receive payments and repairs under compulsory motor liability insurance, a victim who does not have a policy will need to rewrite all the insurance data of the person responsible for the accident. To do this, the person responsible for the accident must provide his documents. Similar actions will need to be performed if the culprit has CASCO insurance. After this, the victim must contact the insurance company of the person responsible for the accident.

If the person responsible for the accident refuses to provide data, it may be necessary to go to court.

Features of receiving compensation

When taking into account the amendments to the legislation of 2017, it is necessary to indicate that the culprit/insurance company is not obliged to provide compensation by paying money. Compensation is carried out by repairing a car that was damaged in an accident.

At the same time, cash payments can be made in several cases:

Accident without insurance for the culprit

In some cases, as practice shows, the party at fault in a traffic accident may not have a compulsory motor liability insurance policy. It is difficult to obtain compensation, but it is possible to obtain compensation for damage. The difficulty is that the insurance company of the guilty party must handle the payments. Since the culprit does not have a compulsory insurance policy, no company should make payments. Then the recovery should be carried out directly from the culprit himself.

If damage to property is caused, the victim must take the following actions:

Contact the traffic police to obtain a certificate about the accident;
Conduct an assessment of damage caused to property;
You must independently submit a statement to the court with these documents, which includes demands for payment of the damage caused.

If the culprit does not have a compulsory motor liability insurance policy, then the assessment of damage (examination) will be carried out at the expense of the victim’s own funds. He also prepares all documents independently. It can be noted that compensation for damage in such cases sometimes has to wait a long time.

It may be necessary to conduct not only an assessment examination, but also traceological, road and other types of research. The person responsible for the accident should also be notified of the examination. This must be done in writing. A warning about research must be sent no later than three days before the start, provided that the culprit lives in the city and five days if his place of residence is outside the city.

The amount of the claim can include all costs, for example, research, legal costs, costs for appraisers and lawyers. You can also contribute the amount of moral damages.

Pre-trial settlement

It is possible to resolve a conflict situation without going to court. To do this, the person at fault for an accident without a compulsory motor liability insurance policy must file a pre-trial claim. An appraisal examination or a report on loss of marketable condition will also be required in cases where the car cannot be restored. Then the pre-trial claim itself is drawn up in any form. At the same time, it must contain the following information:

A detailed description of the situation that occurred (circumstances of the accident, direction of movement, location of the incident);
The required amount of compensation for damage from the culprit of the accident based on the examination performed;
Personal information of the culprit and the victim - full name, address;
Request for compensation in writing.

You can find out the personal information of the person responsible for the traffic accident in order to draw up a pre-trial claim or statement of claim from the traffic police inspector when registering the incident. The claim must be accompanied by a list of attached documents.

An even simpler way to compensate for harm is the voluntary agreement of the person responsible for the accident to make payments. A receipt may be issued for this purpose. It is compiled in free form. In this case, it is necessary to indicate the details of the participants, the essence of this transaction, a description of the damaged vehicle (make and model, VIN code, license plate number, PTS number). The receipt may indicate both the amount contributed by the culprit and the amount of funds that he undertakes to contribute. You can also specify the period during which the culprit of the accident undertakes to pay the victim money.

It is best if the text of the receipt is handwritten by a participant in an accident without a driver's license. The signatures of both parties must be present. Personal information of the parties should be indicated in as much detail as possible - indicating passport details or other identification documents.

Receiving compensation for personal injury

If you receive compensation for damage caused to health during an accident without a compulsory motor liability insurance policy, you can receive compensation from the Russian Union of Insurers (RUA). To apply you will need the following documents:

Statement;
Certificate from the traffic police about the traffic accident;
Certificates from a medical institution and damage to health;
Certificates and documents confirming the cost of treatment;
Resolution on an administrative offense.

Payments will be made even in cases where there is no culprit in the accident, or he has not been identified, or the culprit does not have a compulsory motor liability insurance policy.

A fine will be imposed on the culprit of an accident if he does not have a compulsory motor liability insurance policy. Its amount is 800 rubles. If the culprit forgot the policy at home, the fine will be 500 rubles.

An accident without compulsory motor liability insurance is at the fault of the culprit and the car is not his

If the culprit of the accident does not have compulsory motor insurance and is not the owner of the car involved in the accident, then a claim can be filed against both the at-fault driver and the owner of the vehicle. For example, if the culprit was involved in an accident in a company car, then a statement of claim can be filed against a legal entity - his employer.

The victim has CASCO

If the victim has CASCO insurance, the process of receiving payments is greatly simplified. The insurer can receive the following types of compensation under CASCO:

Franchise, which is specified in the contract;
Reimbursement of costs for car evacuation and storage;
In case of harm to health - compensation for treatment costs.

After this, the company that provided CASCO will file claims in court against the culprit of the accident without compulsory motor liability insurance. By decision of the court, the amount of compensation that the victim received under CASCO will be recovered.

Pre-trial claim

There is no single form of pre-trial claim. It can be compiled in free form. But at the same time, it is very important to consistently present the essence of the incident, various data and information about an accident without compulsory motor liability insurance. Also, the consequences, damage caused and its amount must be indicated.

When drawing up a claim, you must refer to legislation, rules and regulations, etc.

Statement of claim for damages

If the person at fault for the accident does not have a compulsory motor liability insurance policy, it is best to go to court with a claim for compensation for the damage caused. It is recommended to do the same if other controversial issues arise.

The statement of claim must include the following information:

Personal data of the parties to the incident – full name, address;
Explanation of the circumstances, causes of the incident, detailed description of the situation;
The demands that the applicant makes against the defendant are the amount of both material compensation and moral compensation, if necessary;
Evidentiary documents – certificate of accident, results of the examination.
The signature of the applicant must be present at the end of the statement of claim.

Expired MTPL insurance

If the culprit of a traffic accident has expired MTPL insurance, then such cases are completely equivalent to the absence of a valid policy. All actions are performed in a similar order.

What to do if the person at fault for the accident is not included in the OSAGO policy

The person at fault for an accident may not be included in the compulsory motor liability insurance policy for several reasons. For example, if you have taken out unlimited insurance. Then, the standard compensation procedure is followed. The insurance company will have to fulfill its obligations in full.

If the insurance includes persons (limited insurance), among whom there is no culprit of the accident, but he has a power of attorney to drive the vehicle, then the insurance company must compensate for the damage caused. However, after this, she has the right to initiate a lawsuit against this driver and recover the amount spent. The driver who is also at fault for the accident will be fined 800 rubles.

The last option is when the driver is not only not included in the MTPL insurance, but also does not have a power of attorney to drive the vehicle. Then, the insurance company is not obliged to make any payments or compensate for damage. All responsibility falls on the driver - the culprit.

Road accident without compulsory motor liability insurance for the victim and the culprit

There is a possibility that both drivers involved in an accident do not have a compulsory motor liability insurance policy. It is not easy to obtain any payments in such cases. To obtain compensation, you must follow certain rules:

When drawing up the protocol, it must be indicated that both participants in the accident do not have a compulsory insurance policy;
To assess the damage, it is best to seek an independent examination.

The simplest solution to the situation is to present the results of the examination to the culprit of the accident without compulsory motor liability insurance and his voluntary payment of compensation. If the latter does not agree to resolve the conflict peacefully, then an appeal to the court will be required.

If it was not possible to resolve the conflict situation peacefully and it was necessary to go to court, then the victim must take into account that the culprit of the accident can conduct his own independent examination. In this case, the final payment amounts may be completely different.

A situation may occur in which the traffic police inspector refuses to enter information about the culprit’s absence of a compulsory motor liability insurance policy. Then you need to contact your insurance company to have a representative arrive at the scene of the accident.

After going to court, the person responsible for the accident may not appear at the hearing. Then, at the request of the victim, his vehicle may be seized. This is an incentive for turnout. Or he may evade payments ordered by the court. Then, his property may be seized.