Accident with a drunk driver payment under compulsory motor liability insurance

Receiving payments under compulsory motor liability insurance from a drunken culprit of an accident

The main provisions governing insurance payments under compulsory motor liability insurance are set out in the Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance of civil liability of vehicle owners.” In addition to the general grounds, this legal act regulates compensation for damages from compulsory motor liability insurance in case of an accident due to the fault of a drunk driver.

What are the obligations of the insurance company and the drunk driver to pay the victim? How to get compensation for an insurance accident involving a drunken culprit? We will answer these and other questions in this article.

OSAGO payments in case of an accident with a drunk driver

Legal regulation of accidents involving a drunk driver is carried out by several branches of legislation. Depending on the circumstances, the following rules may apply:

civil code;
criminal code;
Code of Administrative Offences;
federal laws.

As a rule, a driver who is intoxicated may be subject to punishment even without the fact of guilt in an accident. Thus, Part 1 of Article 12.8 of the Code of Administrative Offenses of the Russian Federation establishes the following liability for drunk driving: a fine of 30,000 rubles or deprivation of rights for up to one and a half years. In case of repeated violation, such person faces criminal liability. Punishment in this case can be carried out in the form of:

fine up to 300,000 rubles;
imprisonment for up to 15 days;
assignment of forced labor - up to 480 hours;
deprivation of rights for up to two years.

Liabilities

The insurance company's obligations towards the victim depend on whether he was under the influence of alcohol at the time of the accident. Thus, two cases are distinguished:

The victim was drunk at the time of the accident.
The victim was injured by a drunk driver who caused the accident.

Depending on this, compensation may be assigned differently. In the first case, the injured person is not entitled to any payments from the insurance company. He bears all expenses for car repairs and medical treatment. In addition, he will be forced to pay a fine to the state or serve a sentence (if criminal liability is confirmed).

In the second case, a special procedure will apply - regression under OSAGO. Its essence is that the injured person will in any case receive compensation payments from the insurance company. But subsequently, the drunk driver (the culprit of the accident) will have to reimburse the insurer for this amount. Wherein:

The company reserves the right to pay only part of the amount to the victim, the rest is assigned to the culprit.
The amount that a drunk driver has to pay back to the company may be more than the original amount. The guilty person is obliged to reimburse the insurer’s costs for conducting an examination, examination, etc.

All obligations of the insurance company and the culprit of the accident are reflected in detail in the table below.

Citizen E. was driving a car while intoxicated. As a result of his violation of traffic rules, he got into an accident. E. was found to be the culprit of the accident. The insurance liability of citizen E. was registered with Rosgosstrakh. The company paid the damage caused by E. to the injured party in the amount of 104,000 rubles. Based on the recourse, the Rosgosstrakh company filed a claim to recover compensation from E. in the amount of 104,000 rubles. The court satisfied the claims of Rosgosstrakh Insurance Company against citizen E. for the recovery of damages by way of recourse. And he ordered E. to recover 104,000 rubles in favor of the insurance company Rosgosstrakh in compensation for damages by way of recourse.

How to get compensation?

Article 35 of Federal Law No. 4051-1 of November 27, 1992 states that all disputes between the insurer and the policyholder must be resolved through judicial proceedings. In this case, the procedure for receiving payments under compulsory motor liability insurance from a drunken culprit of an accident is as follows:

A traffic police officer records the fact of the accident and determines the culprit.
The insurance company pays compensation to the injured party.
After this, the insurer demands the paid amount from the person at fault for the accident.

It is important to note that the victim (if he was sober) will receive payments in any case. However, a drunken culprit of an accident may not agree with the recourse claims presented to him and file a claim in court. But, as a rule, if there is his guilt and evidence that he was drunk at the time of the accident, the court will decide in favor of the insurance company.

The insurer can recover compensation from the culprit of the accident by recourse only through the court. To do this, a claim is sent to the court for consideration of the case. In addition to the basic amount, a drunk driver may be required to pay other expenses incurred by the company. For example, the costs of conducting an examination, paying state fees or conducting an insurance business.

Citizen K., while intoxicated, got behind the wheel and drove into the city. As a result of his careless actions, he got into an accident, where, through his fault, two drivers were injured: citizen Yu. and D. The insurance company of the culprit of the accident, Alliance, made insurance payments: to citizen Yu. in the amount of 229,900 rubles and to citizen D. - 92,100 rubles

Since driver K. was the culprit of the accident and was drunk at the time of the incident, Alliance filed a claim with a recourse claim to citizen K. Based on this, the company demanded to recover from the culprit of the accident in its favor 322,000 rubles, the cost of paying state duty in the amount 6,420 rubles.

The court satisfied the claims and ordered to recover from citizen K. in favor of the Alliance insurance company for compensation for material damage - 322,000 rubles, the cost of paying the state duty - 6,420 rubles, and in total to recover - 328,420 rubles.

Conclusion

Thus, in an accident involving a drunk driver, the injured party in any case receives compensation for the harm caused. The insurance company may take over the compensation, but will subsequently recover the funds paid from the culprit of the accident in court.

Will insurance pay if the culprit was intoxicated?

Often, road traffic accidents that cause significant property damage, various injuries to participants, and sometimes loss of life occur because the person who caused the accident was drunk.

It is clear that in this case the responsibility of the person who committed such a violation is undoubted. But many motorists have a question: will the car insurer pay the insurance if the culprit of the accident was drunk, since there is an opinion that payment under compulsory motor liability insurance in case of an accident with a drunk driver is impossible due to the fact that traffic rules were clearly violated. This article examines this situation from a legal point of view.

Can I count on an insurance payment if the person at fault for an accident is drunk?

According to the requirements of the law, a drunk driver is under no circumstances allowed to drive a car, since this can provoke an accident, and it does not matter what caused this intoxication.

If this prohibition is violated, liability is provided for the person who caused the accident; at the same time, the fact that the person who committed the accident was intoxicated aggravates his guilt.

However, if the culprit was drunk, this does not exempt the insurance company from paying under compulsory motor liability insurance. In addition, such a circumstance does not affect either the need for compensation or its amount. At the same time, the insurance company does not have the right to redirect payment to the violator’s insurer.

Attention! If the culprit of the accident caused a collision while drunk, the victim should not doubt whether the insurance will pay - this circumstance will not affect the decision and the amount of compensation.

Therefore, in case of an accident with a drunk driver, the procedure for paying compensation is determined by the general rules regulated by domestic legislation, on the basis of clause 1 of Article 14.1 of Federal Law No. 40.

The same applies to deadlines. It is clear that if the person who caused the accident does not have an insurance policy, in accordance with Art. 1064 of the Civil Code, he will have to pay for the damage caused at his own expense.

Therefore, if the culprit of the accident was drunk and did not have a compulsory motor liability insurance policy, the answer to the question: will the insurance company pay compensation is obvious. In this case, the one who caused it must compensate for the damage. But to obtain such compensation, you will most likely need to go to court.

At the same time, in order to avoid unnecessary red tape and document the amount of loss incurred, it is recommended to first contact independent experts to assess the damage to the car. This measure will not only eliminate delays, but will also confirm the size of the loss.

But if both participants were drunk, this circumstance complicates the situation to some extent. In this case, the insurer has grounds to refuse compensation, because the fault in the collision is mutual. Also, the insurer may reasonably refuse to compensate for damage if the insurance contract provides for such a possibility if the person who caused the accident is drunk.

Of course, if the culprit of the accident was drunk, the question does not arise whether the insurance company will pay the insurance. But at the same time, she has the right to demand reciprocal compensation from him as recourse.

The insurer may assign such compensation in the following cases:

when committing a deliberate crime or violating traffic rules;
if intentional harm was caused or death of the victim occurred;
when the one who created the emergency situation is in a stage of intoxication of a different nature;
if the person driving the car and causing the accident did not have a license to drive the car;
if the driver is not included in the car insurance, as well as if it is expired or not issued;
if the “organizer” of the accident did not provide documentation of this fact as required by law;
if the offender fled the scene;
if the victim is not provided with a vehicle for inspection within ten days;
if the applicant for insurance compensation has provided documentation for an expired car (diagnostic maintenance card, etc.).

Often, in practice, the very fact of driving in an inadequate manner may indicate the presence of intent to cause harm, since this is a flagrant violation of legal requirements. Therefore, in such a situation, the culprit will have to pay recourse to the insurer.

What information must the culprit provide to refute the fact of drunkenness?

Of course, the fact that the culprit of the accident was drunk will still need to be proven when determining the need to assign a recourse based on the results of the payment of compulsory motor liability insurance. In turn, a suspect in such an offense can confirm his adequate condition; for this he will need to undergo a medical examination in the prescribed manner.

In any case, the fact that the person responsible for the incident was drunk must be documented. In this case, measurement using instruments available to traffic police officers is not considered confirmation. A blood test must be done in a medical institution, and only its results make it possible to document the level of intoxication of the offender.

Who will pay for repairs if the state of alcohol intoxication is confirmed?

The insurance company that caused the accident must pay for repairs to the victim’s car, and the fact that the latter is intoxicated in such a situation is not important. If the violator does not have a compulsory motor liability insurance policy, he will need to compensate for the losses himself. However, the insurer in some situations outlined above may refuse to pay compensation.

To briefly summarize what has been said, it can be noted that:

in the question: will insurance pay compensation if the culprit was drunk, in general, there is an affirmative answer. But at the same time, the insurance company will most likely withhold recourse from the culprit;
the reason for refusing payment may be the simultaneous intoxication of both participants in the accident;
If the culprit does not have a car insurance policy, he will pay for the repair of the damaged car or reimburse the cost of restoration on his own.

The culprit of an accident is drunk - what threatens the driver and will the insurance be paid?

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A drunken accident is an ambiguous situation. The law classifies drunk driving as an aggravating circumstance in a traffic accident. Let's consider the consequences that can result from a car accident with a drunk driver.

Will insurance be paid if the person at fault for the accident is drunk?

After a car accident, when it is discovered that the initiator of the accident is “drunk,” the injured party is extremely interested in the question: “Does the insurance company pay if the person responsible for the accident was drunk?”

In this case, the key point is not the physical condition of the participants in the incident, but the availability of a compulsory MTPL insurance policy for all parties to the incident. If the person at fault for the accident does not have a compulsory motor liability insurance policy, then there is no one to file a claim for compensation for damage to. But in this case, the legislation supports the victim, obliging the perpetrator to compensate for the damage caused from his own funds (Article 1064 of the Civil Code (Civil Code) of the Russian Federation).

Federal Law No. 40-FZ (Article 14.1, Part 1) states: “The victim makes a claim for compensation for damage caused to his property to the insurer who insured the civil liability of the victim, if the following circumstances exist simultaneously:

as a result of a traffic accident, damage was caused only to the vehicles specified in subparagraph “b” of this paragraph;
a traffic accident occurred as a result of the interaction (collision) of two or more vehicles..., the civil liability of the owners of which is insured in accordance with this Federal Law.”

If this citizen was drunk, then the insurance company that paid the insurance compensation has the right to apply a recourse claim to him (Article 14, Part 1b of Federal Law No. 40-FZ): “The insurer that paid the insurance compensation transfers the right of claim of the victim to to the person who caused the harm, in the amount of the insurance compensation paid to the victim, if: ... the harm was caused by the specified person while driving a vehicle while intoxicated (alcohol, drugs or other) or the specified person did not comply with the requirement of an authorized official to undergo a medical examination for intoxication or it did not comply with the requirement of the traffic rules to prohibit the driver from consuming alcoholic beverages, narcotic or psychotropic substances after an accident in which he was involved;.”

This means that the insurance compensation will be paid to the victim, but then the insurance company will recover this payment from the person responsible for the accident.

Regarding voluntary CASCO car insurance: as a rule, insurance companies indicate in insurance contracts that an incident involving a drunk driver is not an insured event. In such a situation, no financial compensation will be paid. If there is no such provision in the document, then the insurance company is obliged to compensate for the damage.

What threatens a drunk driver involved in an accident?

The ban on driving a vehicle (vehicle) while intoxicated is enshrined in law. Consequently, any drunk driver is subject to punishment, regardless of whether he was involved in an accident or not. Driving in this manner is punishable by a fine of 30 thousand rubles. and confiscation of the driver's license (VU) for up to 2 years (Article 12.8, Part 1 of the Code of Administrative Offenses (CAO) of the Russian Federation).

The main proof of intoxication is a blood test for alcohol. The analysis must be taken in medical conditions. institutions. Punishment for refusing medical treatment. examination (MO) is the same as driving a vehicle while intoxicated: a fine of 30 thousand rubles. and confiscation of driving license for up to 2 years (Part 1 of Article 12.26 of the Administrative Code). A traffic police officer has the right to send any driver to a police station if he has reason to believe that the driver is drunk.

In a car accident, it is equally possible that either party to the incident may be intoxicated. What awaits each of them in such a situation, we will consider further.

If you get into an accident while drunk and are at fault

The punishment for a drunken initiator of a car accident depends on the severity of the consequences of the accident, that is, on whether people were injured and the degree of damage caused to their health. Let's analyze what the punishment is for an accident while intoxicated in 2019:

fine 30 thousand rubles. and a driving ban for up to 2 years (Article 12.8, Part 1 of the Administrative Code);
compensation for material and moral damage to the victims from their own funds (Article 1064 of the Civil Code) or recovery in the amount of insurance compensation according to the recourse claim of the insurance company, which previously compensated the injured party for the damage caused;
criminal liability if people were seriously injured or killed as a result of a traffic accident (Article 264 of the Criminal Code (CC):
- if serious harm was caused to the health of the victim - forced labor for up to 5 years or imprisonment from 3 to 7 years;
- if one person died in an accident - imprisonment from 5 to 12 years;
- if two or more people died in an accident - imprisonment from 8 to 15 years;

In addition, Art. 264 additionally provides for all three options a ban on holding certain positions or engaging in certain activities for a period of up to 3 years.

Legislation for drunken accidents not committed for the first time provides for even more severe punishment (Article 264.1 of the Criminal Code):

“Driving a car ... by a person in a state of intoxication, subject to administrative punishment for driving a vehicle while intoxicated ... is punishable by a fine in the amount of two hundred thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to two years. years, or compulsory labor for a term of up to four hundred eighty hours, or forced labor for a term of up to two years, or imprisonment for a term of up to two years.”

Plus, deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years is added.

This means that if a citizen who has received an administrative punishment for driving while intoxicated is again caught driving in the same state within a year after the confiscated driving license is returned to him, then he will have to bear criminal liability even if he is not the culprit of a “drunk” accident.

If the injured participant in the accident is drunk

This option is also found on our roads. Drunk people injured in road accidents are guilty of driving while intoxicated. Therefore, they will be subject to punishment under Art. 12.8, part 1 of the Administrative Code, namely, penalties of 30 thousand rubles. and confiscation of driving license for up to 2 years. If such a situation happens again, then the measures will be more stringent (they are described in the previous section). Payments under compulsory motor liability insurance must be made by the insurance company to the victim in full.

What happens if you drink after an accident?

If the driver drank after an accident, then this action is an administrative offense under Part 3 of Art. 12.27 Code of Administrative Offences:

“Failure to comply with the requirement of the Traffic Rules to prohibit the driver from consuming alcoholic beverages ... after a traffic accident in which he is involved, ... until an authorized official conducts an examination to establish the state of intoxication or until an authorized official makes a decision to exempt him from such an examination, shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.”

Therefore, the penalties for drinking alcohol after an accident are the same as for drunk driving.

In what cases can an insurance company refuse to pay?

If one or more participants in an accident are drunk, but all parties have a compulsory motor liability insurance policy, then the insurance company is obliged to pay insurance compensation to the injured party. The insurance company can legally refuse insurance payment only in the following situations:

The vehicle at fault in the accident is not insured under compulsory motor liability insurance;
the injured driver carried out any actions with his vehicle in violation of the established procedure, for example, began to repair it;
there are no documents required to make payments;
there is no physical damage to the vehicle.

Other circumstances are not a reason for refusing insurance payments.

Payment under compulsory motor liability insurance for an accident with a drunk driver

If the culprit of an accident is drunk, will the insurance company pay? In this case, it is worth understanding the terms of insurance payments and it will become clear whether the insurer will compensate for the damage.

What is written in the traffic rules

In accordance with the traffic rules on the road, the driver is prohibited from driving a car while under the influence of alcohol, drugs or other psychotropic influences. Violation of such a norm entails criminal or administrative liability, and sanctions depend on the consequences of such movement.

For example, finding a driver drunk entails deprivation of his driver’s license and fines in the amount of 30,000 rubles.

If a drunk driver behind the wheel becomes the culprit of a traffic accident, then criminal prosecution measures, including imprisonment, may be applied to him. In this case, alcohol intoxication will be regarded as an aggravating circumstance.

An accident in which a drunk driver is involved is considered a double offense, since while driving while drunk, he is already violating traffic rules, and by becoming the culprit of a traffic collision, he commits a criminal offense and is held accountable in accordance with the norms of the Criminal Code of the Russian Federation.

Is the insurer obligated to make a payment under compulsory motor liability insurance?

Based on the provisions of Article 14.1 of the Federal Law on compulsory insurance, compensation for damage is carried out in a situation where an offense was committed as a result of a collision between two vehicles, the auto liability of the owners of which is covered by a policy based on the legislation on compulsory motor liability insurance. Everyone involved in the incident must have valid insurance; in this situation, they can expect to receive payment from the insurance company.

The insurer does not provide compensation in cases where:

There was a collision with an obstacle;
If there were casualties during the collision;
There are more than two participants in the accident.

An important decision for the culprit of the incident, if he was drunk, will be to contact independent experts before notifying the insurance company.

After registering the incident and receiving a certificate about what happened from the traffic police, you can submit documents to the company that issued the policy to the victim. If its license is revoked or a procedure is initiated against it to declare the company insolvent, the person who suffered the loss has the right to make claims for compensation for damage to the insurance agent of the guilty party, who is obliged to pay the due amounts.

So this is a completely standard situation:

Register an accident;
Receive the necessary documentation from the traffic police;
Submit it to the insurance organization and wait for payment within 20 days;
If the amount paid is underestimated, you will need to order an independent examination by inviting a representative of the insurance company to inspect the car.

By the way, many insurers in such cases begin to look for reasons not to accept documents. To prevent this situation, it is better to obtain the opinion of an independent expert, because the company may request a court decision to deprive the culprit of his rights for driving while drunk.

What to do if the drunken instigator of the accident does not have an insurance policy?

When it turns out that the auto liability of the person at fault in the collision was not insured, the injured party cannot count on payment of compensation from the insurance agent. This possibility is established by law only if both parties have insurance policies.

In this situation, you immediately need to invite employees of the State Traffic Inspectorate or an emergency commissioner and register the incident. Having received a certificate and a report on the accident, all that remains is to recover the damage caused from the culprit in court, because he will most likely refuse to compensate for the damage voluntarily.

Article 1064 of the Civil Code of the Russian Federation establishes that damage caused to a person or his property must be compensated in full. Therefore, the drunk culprit of the accident is obliged to pay for the losses caused as a result of it from his own pocket.

When going to court, in addition to claims for payment of compensation, it is necessary to submit a statement of security, which will serve as a guarantor for the execution of the court decision and for the seizure of property owned by the debtor. Satisfaction of demands in the form of a specific sum of money may be recovered from things belonging to the defendant if he does not pay it or delays the time. In addition, he may not have the necessary amount, and the property may be confiscated and sold at auction, with the proceeds going to pay off the debt.

When filing a claim for security, the judge issues a writ of execution, which is submitted to the FSSP for carrying out measures to seize the property, a ban on registration actions or its sale. This must be done immediately so that the debtor is not tempted to hide it, sell it, or donate it to someone else.

Why is expertise needed?

Before starting the collection procedure, it is necessary to assess the amount of damage, because in fact, you need to make claims for a specific amount. You should contact independent specialists who will determine the real cost of restoring your car. To do this, you will need to conclude an agreement to conduct an expert study. It is necessary to invite the person responsible for the accident to carry out the inspection, informing the place and time of the inspection. The notification is sent by post with a receipt, which will serve as confirmation of the notification to the person.

During the inspection, the expert checks all damage and draws up a report that must be signed by the participants in the incident. After this, the necessary calculations are made and a report is prepared indicating the final amount of damage, taking into account wear and tear. Such a conclusion will be the basis for preparing an application to the court.

The form of the claim and its content must meet the requirements of current legislation. Documents confirming the stated circumstances are attached to it.

It should be noted that payment under compulsory motor liability insurance for an accident with a drunk driver will be made to the victim from the insurance company that issued the policy to the guilty party. Compensation for material and moral damage caused will be paid regardless of whether the driver is under the influence of alcohol or drugs. However, you should not count on huge sums; the payment will be exactly the amount provided for in this insured event in the manner prescribed by the contract.

Will they pay under compulsory motor liability insurance if the culprit of the accident is drunk?

In this article, we answer one of the questions that motorists often receive: Is it possible to count on insurance compensation under compulsory motor liability insurance if the culprit was intoxicated at the time of the accident.

As is known, insurance companies often try to avoid fulfilling obligations to provide insurance compensation, or provide it in a smaller volume, using any formal grounds. And there are frequent cases of refusals to provide insurance compensation with reference to circumstances that are not a legal basis for such refusals.

In particular, there is an opinion among motorists that the insurance company may refuse insurance compensation to the injured party if the culprit was drunk at the time of the accident.

Based on the analysis of the Federal Law of April 25, 2002 No. 40-FZ “On compulsory civil liability insurance of vehicle owners” (the law on OSAGO), we can conclude:

The refusal of the insurance company to provide insurance compensation with reference to the fact that the cause of the damage was intoxicated at the time of the accident will be obviously illegal , since the law on compulsory motor liability insurance does not provide for the exemption of the insurer from paying insurance compensation under these circumstances.

But we must not forget that the insurer is protected by law from such situations, because indeed, it would be wrong for insurance companies to bear financial liability for violators who cause car accidents while drunk.

That is why in this case the insurer receives the right to claim against the causer of harm in the amount corresponding to the amount of insurance .

Thus, the law on compulsory motor liability insurance (Part 1, Article 14) directly states that if the insurance company provides insurance compensation to the victim, despite the fact that the culprit was driving a car in a state of intoxication (alcohol or drugs) at the time of the accident, then The insurance company has the right of recourse against the culprit of the accident in the amount of the insurance compensation provided to the victim.

Thus, taking into account the content of this legal norm, even if the culprit of the accident was drunk, the insurance company is obliged to provide insurance compensation to the victim (this applies to both monetary payment and payment for repairs).

Next, the insurance company has the right to file a recourse against the culprit of the accident, i.e. The insurance provided to the victim in monetary terms is recovered from the culprit of the accident in favor of the insurer.

For driving a vehicle while drunk, the guilty driver is also subject to administrative liability in the form of deprivation of the right to drive a vehicle and a fine.

The above norms are set out by the legislator quite clearly and unambiguously, and are not subject to broad interpretation, and therefore, if the insurance company, in search of easy ways, nevertheless refuses insurance to the victim, citing the fact that the accident occurred due to the fault of a drunk driver, this will obviously be the case. wrongful refusal.

Remember that the insurance company’s refusal on grounds such as causing harm to a person while driving while intoxicated can and should be challenged in court.

The success of such a challenge is obvious, but we do not forget that in court the sanctions provided for by the Law on the Protection of Consumer Rights may be applied to the insurance company. This means that the insurance company will have to compensate the victim for moral damage, and also pay a fine in the amount of 50% of the awarded amount collected in excess of the amount of insurance compensation.

Please note that we are talking about the absence of a valid MTPL policy in all cases when:

OSAGO policy has not been issued
OSAGO policy is expired
OSAGO policy is fake

In such a situation, the insurer, on completely legal grounds, may refuse to provide the injured party with insurance compensation, but this may not be due to the state of intoxication of the tortfeasor, but due to the fact that the culprit did not have a valid MTPL policy at the time of the accident.

If the culprit of the accident does not have a compulsory motor liability insurance policy, the victim has the right to demand compensation for the damage caused directly from the culprit of the accident (see recovery of damages from the culprit of the accident).

By the way, it is necessary to distinguish between situations when the culprit of an accident does not have valid insurance, and when the culprit is not included in the MTPL policy .

If, in the absence of a compulsory motor liability insurance policy, the insurance company has the right to refuse insurance compensation, and this will be legal, then in a situation where the violating driver is not included in the insurance, the insurer’s obligation to provide insurance compensation depends on whether a condition on the use of the car is included in the compulsory insurance contract only by drivers included in the contract .

If there is no such condition in the contract, then the insurance company will be obliged to pay insurance compensation regardless of whether the person responsible for the accident is included in the compulsory motor liability insurance policy or not. At the same time, the insurance company also, in accordance with Part 1 of Art. 14 of the Law on Compulsory Motor Liability Insurance, a right of recourse arises against the culprit of an accident.

What to do if you were wrongfully denied insurance under MTPL

In addition to the insurer’s refusal to pay compulsory motor liability insurance due to the fact that the traffic accident occurred due to the fault of a driver who was driving a vehicle under the influence of alcohol or drugs, there are a number of other illegal reasons for refusing to provide insurance compensation under compulsory motor liability insurance.

In particular, these include: the culprit leaving the scene of an accident, the culprit not having the right to drive a vehicle, lack of technical inspection, at the time of the accident the culprit was not included in the MTPL policy (in the absence of such a condition in the MTPL agreement itself), etc.

If the insurance company refused to provide insurance compensation under compulsory motor liability insurance due to the fact that the driver who caused the accident was drunk, was deprived of the right to drive the vehicle, fled the scene of the accident, was not included in the compulsory insurance contract, or for other unreasonable reasons, enlist the qualified help of a lawyer .

Remember, a clearly constructed legal position and a correctly defined range of evidence have a huge role in resolving an insurance dispute, with which our lawyers will help you.