Accident with an uninsured vehicle

What to do if the person at fault for the accident is not insured under MTPL?

OSAGO is a “lifesaver” not only for those who innocently received damage to their car in an accident, but also for the perpetrators of the accident themselves in the matter of compensation for damage caused. And although the introduction of compulsory insurance is certainly supported by all road users, the number of drivers violating this requirement has only increased over the years. The main reason for this phenomenon, according to the drivers themselves, is the constant increase in the cost of the policy. This is also facilitated by a small fine for lack of insurance, amounting to 800 rubles.

This category of drivers should also include those who buy fake policies at a price of 1,500 rubles on the “black market”, which are only suitable for presentation to a traffic police inspector during a document check. In the event of an accident, such fakes will not help the victims in compensation for damage, and the culprit of the accident will have to compensate for the repair of the cars from his own pocket. Let's consider below how to receive compensation for damage caused if the culprit of the accident is not insured under compulsory motor liability insurance.

What to do if the person at fault for the accident does not have a compulsory motor liability insurance policy?

In such cases, when the at-fault participant in the accident is not insured under compulsory motor liability insurance, the victims have only one way to compensate for the damage - to seek the necessary amount of funds to restore the damaged car from the person responsible for the accident. Adequate and experienced drivers, who realistically assess and understand the situation, usually themselves offer assistance or funds to restore the victims’ cars, so as not to bring the matter to trial, which can only increase the cost of paying state fees and lawyer’s services.

However, such experienced drivers rarely cause an accident and usually have a legal MTPL policy. In most cases, road accidents occur due to the fault of inexperienced or inadequate drivers, who, most likely, will try to deny their guilt or try in various ways to evade responsibility. And here the victims must seek compensation for damages from the perpetrator of the incident through the court.

Algorithm of actions to recover damages

1. Firstly , you need to ask the traffic police inspector to record in the certificate that is issued to the participants in the accident, the fact that the second participant in the accident does not have an MTPL insurance policy.
This is necessary to substantiate a pre-trial claim against the culprit in order to recover compensation from him for damage caused. If the inspector does not comply with your request, then you need to call a representative of your insurance company to the scene of the incident so that he can record the inspector’s refusal and the very fact that the person responsible for the incident does not have a policy. 2. Secondly , you need to find out from the traffic police inspector the address at which the instigator of the accident is registered and where you should send your complaints, as well as his mobile phone number for further communication.
This data is usually provided by the participants in the accident to the inspector for recording in the incident report. 3. Thirdly , you can begin to prepare the necessary documents to substantiate the claim. The main documents here are a certificate of an accident, a conclusion of an independent technical examination with an assessment of the amount of damage caused, and an assessment report on the condition of the car (loss of marketable value), if the car cannot be restored.

Video: What points need to be taken into account in the event of an accident. OSAGO.

When conducting an independent examination, a mandatory condition is the presence of the culprit of the accident, for which the victim must send in advance by registered mail an invitation containing the place and date of the examination, with notification of receipt. The notification will be evidence in court that the defendant was warned about the examination, in case he does not come to this event.

An examination carried out without the participation of the culprit of the accident and without his warning may be declared invalid in court at his request and an additional examination will be required. The act with the opinion of an independent expert is signed by both parties and each of them has the right to record in it their objections to various points or the final conclusion of the document.

In the examination report, the expert is obliged to indicate all damage received in the accident (except for previously existing defects), including hidden deformations and malfunctions. In addition, he must make a conclusion about the possibility of restoring the car and calculate the cost of repairs taking into account current market prices. The amount indicated by him will be considered by the court as the amount of material damage caused to the injured participant in the accident.

It should be borne in mind that all expenses for conducting an independent examination are paid by the customer, but if there is a payment receipt, they, together with the court fee, will be added by the court to the amount recovered from the culprit of the accident, provided that his guilt is proven. Thus, all costs incurred to force the recovery of damages received in an accident from the culprit will be returned along with compensation only after a court decision and its execution by bailiffs.

4. Fourthly , before filing a claim in court, you should try to agree with the defendant on the payment of compensation on a voluntary basis. To do this, you can familiarize him with the prepared documents and the amount of damage. If the opponent cooperates and agrees to voluntarily pay the required amount or restore the car on his own, then you need to draw up a written agreement in 2 copies with a detailed description of the terms and conditions for payment of compensation.

Violation of the terms or conditions of the contract by the culprit will be grounds for bringing the case to court. But in any case, reaching an agreement will be a better way to resolve the problem compared to litigation, since litigation and collection of debt under a court order may take too long, during which the plaintiff will be forced to do without a car. The disadvantage of the agreement is that the costs of conducting the examination in this case are not reimbursed by the culprit of the accident or are partially reimbursed.

5. Fifthly , if the culprit of the incident avoids meeting with the victim or refuses to voluntarily pay for car repairs, then you need to send him a pre-trial claim by mail indicating the amount of damage caused and demanding voluntary payment of compensation. The amount of damage can include the cost of repairing the car, the cost of examination, evacuation and parking of the damaged car, and moral damages.

Video: Refusal of insurance payment from MTPL and CASCO. What's legal and what's not?

Copies must be attached to the letter:

decisions on offenses and certificates of road accidents received from the traffic police;
technical examination report;
notifications about the examination;
a purchase agreement or registration certificate confirming ownership of the damaged car;
payment receipts for forced expenses incurred by the victim in connection with an accident.

Thus, the instigator of the incident must receive the entire set of documents prepared by the victim for submission to the court. The claim sent to the culprit must be executed in 2 copies, one of which remains with the victim and is added to the package of documents prepared for filing a claim in court.

A few days after sending the claim by registered mail, the addressee should pick up at the post office a notification of its delivery, which will indicate that the plaintiff has made an attempt to resolve the issue pre-trial. This is a necessary step in the trial procedure.

A lawsuit against the culprit of the incident should be filed within ten days after receiving notification of the delivery of the pre-trial claim, if during this period he did not decide to voluntarily pay compensation and did not notify the victim about it. The trial in a car accident case can last from a month to three or more.

If a driver who does not have a compulsory motor liability insurance policy gets into an accident as an innocent participant in the traffic, he has the right to receive insurance compensation from the insurance company of the person responsible for the accident, but he will have to pay a fine of 800 rubles for driving a car without civil liability insurance of the car owner .

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.

If in an accident one of the participants does not have compulsory motor liability insurance in 2019: what to do

According to the law, drivers do not have the right to drive vehicles without a compulsory motor liability insurance policy. But, unfortunately, many people neglect this rule. As a result, there are often situations when an accident occurs without insurance for one or even all participants in the accident. What to do in such cases is further in the material.

How to act in case of an accident

In the event of a traffic accident in which no people were injured and vehicles were minimally damaged, drivers always have the opportunity to resolve the issue right on the spot. The presence or absence of a policy does not matter here. If there is a desire to mutually settle, a desire to pay off the damage caused without involving outside help, and the amount of payment suits both parties, then you can safely resort to this method.

True, the injured party will bear all the risks. If it later turns out that the amount paid on the spot is not enough, then it will no longer be possible to bring the culprit of the accident to justice.

To avoid risks, you need to register the accident in accordance with all the rules. For situations where at least one of the parties to the conflict does not have an insurance policy, it is necessary to call traffic police officers to the scene of the incident. The next steps will depend on who exactly does not have insurance.

You can read about how to behave correctly in the event of an accident in the following material: What to do in the event of an accident.

Features of receiving payments

When the insured person becomes the culprit of the accident, the company that issued the policy covers all costs of compensating the injured party for material damage, as well as harm caused to the health and life of people. However, if one of the participants in the accident does not have insurance, and the parties do not have the opportunity/desire to resolve the issue without involving the traffic police, then all sorts of difficulties begin.

So, if a victim of an accident who is not the culprit does not have a policy, then this is not so bad. The maximum he faces is administrative liability; he will have to pay a fine for not having a policy. The injured driver will still receive compensation for harm: either directly from the person responsible for the accident, or through his insurance company.

But if the one who caused the accident got into an accident without insurance, everything is much worse. Firstly, such a driver is also subject to a fine for non-compliance with the law regarding motor vehicle liability insurance. Secondly, if you are involved in a traffic accident, have no insurance and are at fault, then you will have to pay compensation for the harm caused to another person(s) from your own wallet. And if you don’t even have a CASCO policy, then you will need to restore your own car at your own expense.

Considering the size of the expenses, we can safely say that suffering damage in an accident without compulsory motor liability insurance is a real financial disaster, which can be avoided not only by careful driving, but, best of all, by taking out a policy in advance.

If the person at fault does not have a policy

As already noted, in small accidents with minor damage, the parties may try to find a compromise solution. If the culprit decides to settle accounts with the victim on the spot, then it will be necessary to take a receipt from him in order to record the fact that the other party has no financial claims.

If we have a situation with a serious accident, when the culprit of the accident is without insurance, what does the legislation tell us to do in 2019? The law requires in this case to call traffic police officers, who will draw up official papers for subsequent proceedings on the conflict.

It is fundamentally important not to touch anything at the scene of the accident until the inspection representatives arrive, since a diagram of the accident will be drawn up based on the available traces. For reinsurance, you need to carefully photograph or videotape the scene of the accident and the location of the car.

When registering an accident, if the culprit does not have insurance, the traffic police representative must make a corresponding note in the report. At the end of the procedure, one copy with passport data about the second party must be given to the perpetrator, and the second to the victim.

What should a victim of an accident do if the culprit does not have insurance, then:

At your own expense, organize an independent auto examination, and if necessary, then traceological, road and other types of research as well. It is important to inform the other party about their conduct via a registered letter with notification or telegram five working days in advance (if the culprit lives in the region) and three working days in advance if in the city.
With the help of a lawyer, draw up a pre-trial claim based on the results of the examinations carried out. Request the amount required to compensate for material damage or harm caused to health, as well as the costs of paying for the services of an appraiser and lawyers.

I got into an accident without insurance, I am not guilty. Will damage be compensated if there is no compulsory motor liability insurance policy?

What happens if the car is without insurance? There are many cars driving on Russian roads whose drivers do not have a compulsory motor liability insurance policy. There are many more cases where a driver gets into an accident without insurance and is not at fault the culprit is not insured .

This probably happens because due to the lack of an MTPL policy, the driver’s level of responsibility increases, and he begins to drive the car more carefully. Regardless, everyone wants redress.

In this article, the driver will learn what steps need to be taken if an accident occurs and a motor vehicle liability agreement has not been concluded. We hope our recommendations will be useful.

What to do if you get into an accident without insurance and it’s not your fault

If I don't have insurance and I get hit, will I get money? The car lawyer recommends not to lose composure in such situations.

Indeed, in the event of a conflict situation, even if the driver was not to blame for the traffic accident, there is a high probability of being prosecuted for hooliganism.

What to do when there is no compulsory motor insurance? Can this circumstance affect insurance payments, is it worth worrying or not?

The course of action in this case depends on many factors.:

the reason for the lack of an insurance policy;
the presence of compulsory motor liability insurance for the second participant in the collision;
how badly the vehicle was damaged;
year of car manufacture;
in some cases, other circumstances related to the accident may be taken into account.

If a car without insurance gets into an accident, then first of all traffic police inspectors find out why this happened. If the MTPL agreement is not concluded for valid reasons, then no sanctions will follow.

By the way, such a reason may be owning a car for less than ten days. It is this period that is provided for the new owner to receive a diagnostic card (passing MOT), and without it it is impossible to obtain a motor vehicle license.

If you don’t have car insurance in case of an accident, but it’s not your fault, what happens? So, if the driver had to have a motor vehicle insurance policy, then an administrative fine would be imposed on him for driving without compulsory motor liability insurance.

Where to apply for damages in case of an accident without compulsory motor liability insurance

The question of who will pay for the damage if you are involved in an accident and are not at fault will be resolved. However, it will take some effort.

After the accident, you need to get your hands on all the case materials of the traffic police inspector who conducted the investigation.

This package of documents must include:

Certificate of traffic accident.
A copy of the administrative violation protocol.

The next step is a visit to the insurers. In principle, the law allows you to contact your own company rather than the culprit’s company.

In our case under consideration, there is no such possibility, for objective reasons. Therefore, if you are involved in an accident and have no insurance, you can contact the insurance company of the person responsible for the accident to receive compensation for damages.

There are situations when this is quite difficult to do, since both the car and the culprit may be from a different area. His insurer is probably a regional company. And there are offices only in the region where the traffic violator came from.

For such cases, you can contact the office of the Union of Russian Auto Insurers. Among other things, in many large cities, there are special single centers for compensation for damages for road accidents.

For a specific case, it is better to consult a lawyer. He will help you understand a difficult situation. Call!

What documents are needed when applying?

Notification of the occurrence of an insured event is made by filling out a notice.

In addition, you must have the following package of documents with you::

Identity document – Russian passport.
Certificate about road accident.
A copy of the protocol on the administrative offense, which indicates the culprit of the accident; it also contains what type of punishment was applied to the offender.
A copy of the MTPL policy of the person responsible for the collision.
Documents for the car.

If all the specified documents are available, insurers are obliged to accept the case for consideration. The law allows twenty days to pay compensation for damages.

At the same time, it is necessary to note the fact that at present these points are not very clearly stated in the law on compulsory motor liability insurance.

The legislator stipulates that both drivers have a policy, but if we follow the analogy, the owner of the damaged vehicle has the right to contact a company other than his own.

There are situations when some insurers may refuse to accept documents. Then it is necessary and desirable to obtain a refusal from them in writing.

Do you need an independent examination of car damage?

When a car driver gets behind the wheel without having liability insurance and then gets into an accident, he receives a bitter experience that should teach him for the future.

Contacting an independent expert after an accident is also a kind of protection from unscrupulous insurers and car service workers.

The amount of damage received as a result of the accident must be determined not only from the conclusions presented by the insurer. In almost 100% of cases, an independent expert gives an assessment that differs sharply and more favorably from that given by the insurance company.

An independent review should always be done. This is the only chance for justice. Don't spare money; in many cases it will pay off.

In addition, you need to take care of a certificate from a car service indicating the cost of the restoration work performed. This document will also never be superfluous.

Submitting a claim to the insurance company

If the insurance company begins to evade paying damages using various tricks, then you should file a claim.

By the way, such organizations have many methods that they successfully use, hoping that the victim understands absolutely nothing about jurisprudence.

Among these methods, we note the following:

do not accept documents in the hope that the statute of limitations has expired;
delaying the consideration of all circumstances related to the accident;
significant underestimation of the amount of damage;
refusal to pay under compulsory motor liability insurance for various reasons.

These nuances occur not only in the absence of a compulsory motor liability insurance policy for the victim, they also haunt those who insured themselves in a timely manner.

Well, in this case, this waste of nerves should be considered the answer to the question, which often sounds like this: “If a car without insurance gets into an accident, what are the consequences?” Unfortunately, you won’t be able to avoid unnecessary problems, unless of course you contact a law firm.

In general, since 2014, the claim procedure for resolving disputes under MTPL is mandatory. And only a competent lawyer will draw up a claim in such a way that the defendant will have no chance of cunning.

I got into an accident without insurance, it’s my fault, what the risk is, what will be the consequences

Finding yourself in the place of a driver who asks himself the question: I got into an accident without insurance, it’s my fault, what to do, first of all, you need to pull yourself together and calm down. After all, nothing deadly happened.

It is necessary to say right away that the situation is unpleasant. In general, of course, you need to understand the specific circumstances in detail.

In our article we will analyze possible scenarios. We'll give you some advice. Let us point out some features of this situation. All this should help smooth out the negative consequences. So read carefully.

Road accident without compulsory motor liability insurance, what should the culprit do?

There are several options for resolving this problem. It is clear that we would like to do without damaging the personal funds of the citizen responsible for the accident.

Much depends on his desire to fight for the contents of his pocket.

There are other factors to consider here:

The reason for the lack of a compulsory motor liability insurance policy.
Circumstances of the collision.
Nature and severity of damage.
Price of a damaged car.
Whether or not the second participant in the accident has a CASCO policy.
Social status of the person responsible for the accident.

What should the culprit do after an accident? Here is a small list of points that can be used in the right direction to smooth out the negative consequences of the driver. In order to find out how to correctly apply all of the above aspects, you should contact a lawyer.

We will touch on the most significant issues. And let's start by telling you how you can avoid paying damages when someone gets into an accident without compulsory motor liability insurance.

How not to pay without compulsory motor liability insurance

I got into an accident without insurance, it’s my fault, what happens? One way is to try to challenge the decision of the traffic cops. What do I need to do?

Of course, turn to an independent expert. To do this, you will need to provide a diagram of the accident, copies of drivers’ explanations, and protocols on administrative responsibility.

Let's list the questions that need answers.:

Vehicle speed . Experts can determine it by the braking distance.
Road conditions . They include such factors as rain, fog, dark or daylight, the presence of intersections near the accident site, the quality of the road surface, and so on.
Scene of the incident . In other words, where exactly the accident happened. Maybe it’s a yard, a parking lot, or maybe a section of the road with increased danger. Then you need to pay attention to the presence of warning signs and road markings.
What maneuvers were performed and by whom. What did the drivers do to prevent the collision? This information can be gleaned from the drivers' explanations.

Once you start digging in this direction, other tasks will appear that can be set for the expert; by the way, they very often make decisions that do not coincide at all with the opinion of the traffic cops.

Nature of damage

This circumstance should also be taken into account in the first method indicated above. Based on the damage, you can determine exactly how the cars collided. Identify additional characteristics relevant to the accident.

However, the rest of why you can use them depends on how great the damage is. Of course, the total price of the damaged car will play an important role here.

Again, it will be much more convenient if the damage is small. It will be easier to reimburse.

If it amounts to some astronomical amounts, then there’s no point in shooting either. The legislation provides for gradual payments and bankruptcy of individuals.

Other social aspects of the citizen who will be found guilty of the accident will also be taken into account. You just have to look.

A competent lawyer will help make the task easier for a person whose thoughts are filled with the question “I got into an accident, am I the culprit, what should I do?”, but it is better not to delay and immediately seek help.

Will it help if the victim has CASCO insurance?

A person who has an accident is to blame and does not know what to do, is unlikely to be able to avoid liability, even if the driver of the damaged car has a CASCO policy.

Of course, the insurance company will compensate him for the damage. But then, insurers have the right to use such a tool as subrogation.

And on its basis, recover full compensation for damage from the culprit of the collision. In this case, there is no doubt that insurers will certainly exercise their right.

So you can’t count on something positive based on whether the victim has a CASCO policy.

It turns out that the method that was described in the first place - disputing one’s guilt - is the most suitable, and first of all, you need to try to use it.

The main thing to do first is to seek legal help. By exploring all possible options, together with a lawyer, you can make the right choice.

If the chances are zero, then it is better to resolve the issue peacefully, but here there are additional nuances.

Compensation for damage is voluntary

If, as a result of analyzing possible scenarios, it becomes obvious that it is impossible to avoid paying for car repairs, then it is best to be voluntary. To do this, you need to make all the necessary payments yourself, without court intervention.

This will save some capital. Because if a settlement agreement is not concluded, then you will also have to pay legal costs. And they can turn out to be quite impressive.

At the same time, having concluded a settlement agreement with the victim and paid the entire amount, it is necessary to take a receipt from him stating that the damage has been fully compensated and he has no claims against the culprit of the accident.

This action must be performed. Because then, if the driver of the damaged car contacts the insurance company, they will reimburse him for the damage again.

The insurance company again turns its attention to the culprit of the collision, in order to recover the same damage from him. And having such a receipt will save you from unnecessary expenses. You need to be very careful in such situations.

Author: Oleg Vladimirovich Roslyakov, source avt-yurist.ru.

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Got into an accident without insurance? Do it right!

Find out what to do if you get into an accident without insurance. Three options for resolving the issue: payment on the spot, pre-trial proceedings, lawsuit.

Today we will tell you how a motorist should behave if he is involved in an accident without insurance. This topic is still of interest to many.

Russian legislation obliges every car owner to take out a compulsory motor liability insurance policy, but not all citizens strive to comply with this law.

If the culprit of a traffic accident does not have motor insurance, the owner of the car damaged in the incident will not have the opportunity to receive insurance compensation. This means that the person who caused the damage will pay for the repairs.

Most of these cases are resolved in court.

In addition, for the absence of compulsory motor insurance, the motorist will have to pay a fine, which today is equal to 800 rubles.

I got into an accident without insurance - what should I do?

The operating scheme of compulsory motor liability insurance is extremely simple: the insurer of the injured party pays for the repair of the damaged vehicle, and then makes mutual settlements with the company whose client is the motorist at fault for the accident.

If he does not have insurance support, he is obliged to pay for the damage himself. Often, the lawsuit also includes a demand for compensation for moral damages.

Let's consider three options for resolving the situation when a car without insurance gets into an accident:

payment on the spot;
pre-trial claim;
lawsuit.

Agreement on site

With a small loss, this solution will suit both parties. Most drivers who save on purchasing compulsory motor insurance, contrary to current legislation, drive carefully and rarely cause major accidents. They are ready to pay compensation immediately, agreeing on the amount on the spot.

At the same time, the owner of the damaged car is satisfied with the time saved and the absence of the need to register a loss, and the violator does without the intervention of traffic police officers and a fine for driving without insurance.

It happens that the culprit is ready to pay the required amount, but asks for a deferment.

It is better for the owner of a damaged car to obtain the maximum amount of evidence of the guilt of the other participant in the collision:

document the damage in photos/videos,
take a receipt or make a video recording of the driver’s consent to pay a specific amount,
record his contact details and, preferably, write down the number of his passport or other document.

All this will be useful to the victim in the future. There are often cases when a person refuses to pay and involves experienced lawyers in the case to prove his innocence. Then all video and photographic materials can become significant evidence for the court.

The victim may take a deposit, which he must return after paying for the damage caused. This can be any valuable thing, the transfer of which must certainly be reflected in the receipt. A passport or other document cannot be used as collateral; this is prohibited by law.

Determining the amount of damage presents some difficulties. Even a specialist with the naked eye will not be able to accurately estimate the cost of repairs, and after a thorough diagnosis, hidden defects may be discovered that went unnoticed during a superficial inspection.

Therefore, the amount of compensation is determined only approximately. In this case, both parties must agree with it. After paying the agreed amount, the recipient is required to write a receipt and confirm that he no longer has any claims in this case. You can also make a video recording.

Pre-trial settlement

If the dispute is not resolved on the spot, the injured party must seek money for repairs in court. However, pre-trial proceedings are required.

First you need to call a traffic police officer. In the protocol, he must record the fact that the culprit of the collision does not have compulsory motor liability insurance. Anyone who gets into an accident without insurance will be fined for such a violation.

The owner of the damaged car must write down the personal information of the culprit, and then take care of the documentation that will be required to file a claim. This:

Independent expert report. All damage is listed there and an estimate of the loss is given. Along with the report, a copy of the license of the company that conducted the examination is issued. The cost of such a service can range from 2 to 7 thousand rubles.
Report on the amount of damage. Required when the damage is more than 75% and it is impractical to restore the car. The cost of the service is about 5 thousand rubles.
Pre-trial claim. It records all the circumstances of the accident: date, place, route direction, other information confirmed by the traffic police protocol. The amount of loss is also indicated here. The service for filing a claim costs at least 5 thousand rubles. However, the injured driver has the right to draw it up independently, without using a form.

When setting the final amount, it is necessary to take into account the payment for related services, such as car evacuation, examination, legal assistance, and you can add moral damages. The amount of compensation required is always higher than the amount indicated by the expert in the report.

Copies must be attached to the pre-trial claim:

protocol on a traffic incident,
decisions on administrative offenses,
letters/telegrams by means of which the defendant was invited to be present during the independent examination,
documents for the damaged vehicle.

You will need original checks and receipts that will confirm all expenses incurred, as well as documents for the car.

Copies of all listed papers and the pre-trial claim should be sent to the defendant. This must be registered mail with a return receipt card. You must keep the originals; they will be useful for presentation to the court as evidence.

If a pre-trial claim is made without the help of a lawyer, then the owner of the damaged car must indicate the following information in it:

information about the culprit (last name, first name, patronymic, address);
details of what happened (description of the incident, location, participants, damage);
calculation of losses for all damages (from the report of an independent expert);
calculation of related expenses (costs of evacuation, legal assistance, examination, postage, etc.);
the final amount of loss;
your contact information (telephone, e-mail, postal address);
terms of dispute settlement that the defendant must comply with.

Often, after receiving a package of documents and a pre-trial claim, many defendants agree to pay the loss in the amount stated by the independent expert. This is more profitable than suing the victim and additionally compensating for legal costs at your own expense.

Some motorists say: they say, I got into an accident without insurance, I am at fault, but I have no money, valuables, work, and nothing to compensate for the damage. Such arguments cannot serve as a basis for non-payment of debt, and the court will still be on the side of the plaintiff.

Does the injured party need compulsory motor liability insurance?

This question is asked by those who do not understand the nuances of car insurance very well. OSAGO provides protection for the civil liability of a person driving a vehicle to other people.

The fact that the owner of a car damaged due to the fault of another driver does not have an auto insurance policy does not matter; he is still entitled to compensation. But you will still have to pay a fine for using a car without a mandatory MTPL policy.

What to do if your insurance is fake

If the auto insurance policy of the person responsible for the collision is fake, the insurance company will not pay for the damage caused by him. The violator who drives with an invalid policy will have to compensate for the loss.

For such a violation, a motorist may be punished:

deprive of rights
bring to administrative, and in rare cases, criminal liability,
to fine.

Sometimes insurers pay compensation to injured motorists, despite the fact that the person at fault for the accident has a fake policy. However, after making the payment, the violators are subject to recourse: the insurer, through the court, demands to return the amount spent.

More often the issue is resolved as follows:

The injured car owner contacts RSA, writes a statement asking to check the authenticity of the policy.
Next, a pre-trial claim is drawn up.
When the person responsible for causing damage refuses to pay, it is necessary to contact the judicial authorities. The amount claimed includes all associated expenses.
If the RSA confirms that the insurance policy is not genuine, you must file a fraud report with the police, attaching a letter from the RSA.

What to do in case of an accident

The procedure for dealing with an insured event is contained in the leaflet that is given to each policyholder.

Let us repeat it again for those who do not read insurance documents carefully.

We turn on the alarm and place emergency signs on the road (distance – 15 meters).
If there are victims, we call an ambulance and provide first aid. If necessary, we also call the police.
We inspect the damage, take photographs, and videotape.
We exchange contacts with the second participant in the incident. If there are witnesses, we record their information.
We wait for the patrol service and receive a certificate from the inspector.

How to make an independent examination

An assessment by an independent expert is a powerful argument that will help confirm the presence of damage, including hidden ones, as well as establish the exact amount of loss. It is in the interests of the owner of the damaged car to use such a service; it will serve as evidence in court.

Any company that has the appropriate certificate can carry out an independent examination. Private appraisers are not issued licenses to provide such services, so their opinions have no legal force.

Accredited organizations issue the following documents:

reports on independent examination (2000-7000 rub.),
reports on the loss of marketable value of a car not older than 5 years (2000-5000 rubles).

Before conducting an examination, the person responsible for the accident should be notified in writing of the location and date of the inspection. Be sure to postage in advance by paying for a receipt receipt card. Otherwise, the defendant will easily challenge the examination conducted without his presence and will have to repeat it.

Lawsuit

If all preliminary measures are unsuccessful, the injured party may file a claim. When the total amount is less than 50 thousand rubles, the case is handled by a magistrate. When a higher amount is involved, the claim is filed in the district court.

Along with the application, documents prepared for the pre-trial claim are submitted. Along with the copies, the originals and a receipt confirming payment of the state duty must be attached. If the interests of the plaintiff will be represented by a lawyer, he must have a power of attorney.

The claim contains the same data that was included in the pre-trial claim. The more details of the circumstances of the case, the better. This also includes a requirement to compensate for moral damage.

Often, defendants delay the process because they cannot pay the required amount. Some people deliberately use tricks to avoid paying: they hide their income, pretend to be unemployed, or poor.

The limitation period is 3 years. When making a decision, the judge takes into account the financial situation of the defendant, the presence of dependents, disability and other circumstances. He has the right to replace the lump sum payment with a penalty of up to 20% of the defendant’s salary. Thus, full repayment of the debt to the plaintiff may take a year.

In rare cases, when the defendant really does not have the funds, the injured car owner may make concessions and not go to court, agreeing to repay the required amount in installments. However, if he is sure that he is being misled and the culprit simply does not want to pay, then it is better to resolve the case through the court.

Some defendants deliberately skip court hearings in the hope that the case will not be resolved without their presence. In this case, the plaintiff has the right to file a petition, and the defendant’s car will be seized.

We looked at situations where a driver got into an accident without insurance, what to do, how to behave. Now you know all the options for resolving the situation.