The person at fault for an accident without insurance is not the owner

Road accident, the culprit is without compulsory motor insurance, unemployed and the car is not his)

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Road accident, the culprit is without compulsory motor insurance, unemployed and the car is not his)

Good Saturday evening everyone.

The situation is as follows: I arrived in Merua Lerben after lunch to pick up building materials for repairs.
I walked around for about 15 minutes and the alarm control panel was screaming heart-rendingly, so I decided to go check it out. I came to the parking lot, and there were 3 boys about 25 years old and a girl in a Kia Bongo and next to them an adult Caucasian man, the Caucasian man explains to me that the youth, when trying to leave the parking space, hit my car, and he stands and waits with them for me. they would not have fled the scene of the accident. He saw everything, briefly told everything as it happened and left in his car, thanks to him for that!

I immediately called the traffic police, since my injuries do not fall under the European protocol (the accident did not happen in Moscow) in terms of the amount of damage. My visible damage: the left fender, the left headlight mount and headlight scratches + the headlight “went” about 1 cm under the hood and something like something with the bumper.

The guys on Bongo immediately report that they don’t have compulsory motor insurance (most likely they have a fake for a thousand) and the driver is officially unemployed, the car is registered to his father and, from the master’s shoulder, we offer you 15 thousand here and now: D I refuse, because even if you don’t change fender and headlight, and pull out the fender and paint it, solder the headlight mount and polish the plastic of the headlight + pull everything out, my car costs about 50-60 thousand at first glance, not even from the officials, but not from the service center either.

They offer to release them on parole, they will register for compulsory motor liability insurance and in a couple of days they will return to the same place and register. I suggest they leave me a deposit of 60 thousand rubles and then I agree. They begin to offer 20 thousand, informing me that the wing costs three thousand and painting another three thousand. After I showed a website from my phone, where only an unpainted wing costs almost twenty, they offer to pay me forty and a receipt that if it’s not enough, they will pay me extra.

I agree to the forty, but after 5 minutes they give up. As a result, the traffic police arrived, formalities were taken care of, the driver did not deny guilt, the analysis was in my favor.

The traffic cops told me that compulsory motor third party liability insurance is now new and I am contacting my insurance company, even though the culprit does not have a policy. My Insurance company pays for the damage, and then it itself sues the culprit. IS THIS REALLY SO?

BUT, at the same time, at the traffic police regiment, a representative of some legal firm told me today that this rule only applies if both have compulsory motor liability insurance, and since he doesn’t, then only through the court. Moreover, their services to represent my interests are free, they will write in the contract that I allegedly paid them for the services and they will recover this amount from the culprit, that’s their bread.

In the traffic police regiment, in the queue for analysis, the culprit tried to offer not to register, like he would bring me a headlight and a zero wing, his friends deal with spare parts, and would pay for the repairs to replace them, remove the tin, etc.
My answer is a deposit of at least 50 thousand in my hands and I agree, you yourself changed your mind from 40. Where is the truth? :shock:

As a result, the decision was in my favor, I received a certificate of an accident, in line I told him that he was not working, it’s not scary for me - I’ll name the owner of the car, his father, as a co-defendant, and I’ll also write a petition to ensure payment by seizing on their Kia Bongo, also in the event of no payments, I will ensure that they do not travel abroad, I can also attribute moral damages (there are reasons). After registering with the traffic police, he suggests that I not contact the insurance company or the court until Tuesday, supposedly the service is located among his friends (just 5 minutes from my house), there they will do everything at his expense, the wing will be pulled out and repainted, the tin will be pulled out, the headlights will be attached soldered, the headlight glass is polished, i.e. will make it look pristine. Since I have no goal of making money, I treat road accidents more or less tolerantly and I need the car to be in normal condition as soon as possible and not a fundamentally new wing and headlight, as long as I previously agreed not to apply.

Do you think he should wait for Tuesday (but with their constant bargaining, then agreement, then backtracking on an agreement, there is no trust) or on Monday go and contact the authorities and is it true that even though he doesn’t have compulsory motor liability insurance, payment/referral for repairs? will I receive from my insurance?

Z.Y.: speaking of deposits, two years ago a Slegontsa caught up with me alone, it was important for him without the traffic police, he left a deposit, approximately the damage covered, two days later I took the car to a service center, the car was repaired - I gave the deposit back

I will be happy to read all the comments on the case

Is it possible to sue the owner of the vehicle if the person at fault for the accident was driving the car without compulsory motor liability insurance?

Please tell me! I rented out a car (there is a transfer and acceptance certificate), the driver got into an accident! When the traffic police arrived, it turned out that the insurance company had terminated the MTPL contract unilaterally (allegedly the data was not correct (the contract was drawn up by a 3rd party since it’s impossible to draw up the contract yourself now) naturally, I didn’t know about this since the post office never delivered the letter to me! Who has the right to sue the injured party against me or the driver?

Dear Yaroslav! As a general rule, if the owner of the vehicle did not have civil liability insurance at the time of the accident, then the person causing the harm is obliged to compensate for the damage caused, i.e. a driver who violated the Traffic Rules, as a result of which a traffic accident occurred, in accordance with Art. 1064 of the Civil Code of the Russian Federation:

1. Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.

However, if the terms of the car rental agreement stipulate that the lessor rents out the car with a valid MTPL policy under which the lessee’s civil liability is insured, then the lessee will have the right to subsequently make claims to the lessor for compensation for losses associated with failure to fulfill the specified terms of the agreement, namely , losses that the tenant will incur to compensate for damage as a result of an accident within the limits of the insured amount under the MTPL policy.

If the insurance company sent you a corresponding notice, which was delivered by mail to your address, but you did not receive it, then such notice is considered delivered in accordance with Art. 165.1 of the Civil Code of the Russian Federation:

1. Statements, notifications, notifications, demands or other legally significant messages, with which the law or transaction associates civil consequences for another person, entail such consequences for that person from the moment the corresponding message is delivered to him or his representative.
A message is also considered delivered in cases where it was received by the person to whom it was sent (the addressee), but due to circumstances depending on him, it was not delivered to him or the addressee did not familiarize himself with it.

Did the insurance company notify you of the termination of the contract?

In case of an accident, the rule of clause 3 of Art. 1079 of the Civil Code of the Russian Federation, by virtue of which

Damage caused as a result of the interaction of sources of increased danger to their owners is compensated on a general basis (Article 1064).

General rules for compensation for damage specified in Art. 1064 of the Civil Code of the Russian Federation are as follows:

1. Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm .

Thus, the person who was directly driving the vehicle at the time of the collision bears responsibility to the victim.

Claims for damages cannot be brought against you.

In addition, it is worth taking into account the position presented in the resolution of the Plenum of the Supreme Court of the Russian Federation dated January 26, 2010 No. 1

where it is noted that

19. The owner of a source of increased danger should be understood as a legal entity or citizen who uses it by virtue of their ownership right, the right of economic management, operational management or on other legal grounds (for example, under a lease agreement , under a power of attorney for the right to drive a transport means, by virtue of the order of the relevant authority to transfer to it a source of increased danger).

Thus, as already noted, the driver involved in the accident will bear responsibility until it is proven that the damage was not caused by his fault.

But the insurance company was obliged to notify you of the termination of the MTPL contract.

As stated in the Regulation of the Bank of Russia dated September 19, 2014 N 431-Pm “On the rules of compulsory insurance of civil liability of vehicle owners”

1.15. The insurer the compulsory insurance contract early

identification of false or incomplete information provided by the policyholder when concluding a compulsory insurance contract, which is essential for determining the degree of insurance risk;

At the same time, the period for such early termination of the contract is quite clearly defined.

In cases of early termination of the compulsory insurance contract provided for in paragraph 1.15 of these Rules, the date of early termination of the compulsory insurance contract is considered to be the date the policyholder receives a written notice from the insurer .

Thus, if you did not receive written notice of termination of the contract (provided that you are indicated in the contract as the insured) before the accident, then at the time of the accident the compulsory motor liability insurance contract was considered valid and the victim in this regard can contact the insurance company with a claim for compensation harm.

The insurance company sent a letter saying that during the inspection it was established that the address was incorrect and the person lives at a different address (although the inspection generally takes place at the stage of concluding the pole (half an hour), the invoice was issued, the invoice was paid in full, and then they tear the pole apart, and even with a date earlier than the first attempt at delivery by mail (and judging by paragraph 1.15, this is no longer legal?)

If payment of the invoice and clarification of data took place before the accident, then termination of the contract is not based on the law and you can contact the insurance company

This is a direct violation of the law.

However, a dispute with the insurance company does not affect the obligation to compensate for damages by the person at fault for the accident.

Hello. Be responsible to the injured party in accordance with Art. 1179 of the Civil Code of the Russian Federation the owner of a source of increased danger is obliged. I would like to clarify that the owner is the person who legally drives the vehicle (not always the owner). From your situation, I see that the culprit of the accident was driving a car that belonged to you legally, because... there is a lease agreement and an act of acceptance and transfer of the vehicle, therefore he was the owner, and must also answer him, and the fact that at the time of the accident he did not have an MTPL agreement has nothing to do with you, since the driver is obliged to take care and have provide yourself with all the necessary documents. As I understand it, the MTPL agreement was concluded between you and the insurance company, in which an unlimited number of persons are allowed to drive, then the insurance company terminated it, did not warn you, you did not warn the driver. Then answer him personally, and you can try to write a claim to the insurance company , sue them. You will still be brought to court as a third party, as the owner. but nothing can be recovered from you by law. Another question is, if the rental agreement stipulates that you provide the driver with an MTPL policy, then you have not fulfilled your obligations to him, because the policy turned out to be invalid, and in the future he has the right to recover from you the losses that will be recovered from him for the accident. And you, in turn, try to recover everything from the insurance company if you prove their guilt or the guilt of their employee that the policy was invalid.

When concluding the pole, a third party made a mistake in the address, but there is no address at all on the pole itself, so I couldn’t even imagine that something was wrong! Moreover, the insurance company canceled the insurance before the first attempt to deliver the letter by mail (there was only 1 attempt)

The person at fault for the accident is not the owner of the car, who should I sue?

The driver of the car that caused the accident could be a person driving the car by proxy, an employee, or a thief. In this case, who should the victims sue to compensate for the damage caused? Who will pay for repairs and other expenses, the owner of the car or the citizen driving it?

There is no clear answer to the question of who to sue if the culprit of the accident is not the owner of the car, it all depends on the specific situation, the circumstances of the accident. The judicial authorities will take into account the conditions under which the citizen who created the emergency got behind the wheel of a car.

When should you file a lawsuit in a car accident?

When it is impossible to reach agreement on the terms of compensation for damage after an accident between the participants in the accident, the victim has the right to submit documents for consideration to the court.

The deadline for filing an application is regulated by Art. 966 Civil Code of the Russian Federation (Part 2). The case will be accepted by the judicial authorities if no more than 3 years have passed since the accident, as a result of which the victim suffered material damage.

The victim can go to court when the insurance company delays decisions and refuses to pay money, citing the fact that the car was driven by a person not included in the insurance.

Payments under OSAGO

The insurance document guarantees the receipt of payments to victims when the car that caused the accident was driven by a person included in the insurance:

owner;
tenant;
the person who bought the car under a general power of attorney.

A special case is MTPL insurance, issued without restrictions; it allows any driver to drive the car.

The owner of the car will receive compensation from the insurance company under the MTPL policy, provided that the driver of the other car is to blame for the accident.

According to clause 3 of Art. 11, paragraph 1, art. 12, clause 1, clause 4 art. 19 of the “Law on Compulsory Motor Liability Insurance” is transferred to the insurance company by:

application (filled out at the insurance company);
a copy of the applicant's passport;
a copy of your driver's license;
policy;
a copy of the protocol and resolution;
STS;
the result of a car inspection by independent experts (if an examination was carried out);
receipts for transporting the car on a tow truck;
account number where the funds should be transferred.

According to paragraph 21 of Art. 12 of the Federal Law “On Compulsory Motor Liability Insurance”, a response from the insurer is received within 20 days. It is more difficult when the damage after an accident must be paid by the culprit of the incident; such an outcome is possible if:

the person driving the car at the time of the accident was not included in the insurance;
the policy was expired and not renewed in a timely manner;
The car is listed as stolen; the accident was caused by the thief.

In all of the above cases, the driver or owner of the car will have to cover the damage caused in accordance with:

Who to sue if the person at fault for the accident is not the owner of the car?

Insurance money will be paid when the person at fault who was driving the car is included in the OSAGO policy or the document is drawn up without restrictions.

For example, a minibus driver working for the owner caused a collision with the plaintiff’s car. In practice, for cars owned by companies, private organizations, and departments, compulsory motor liability insurance is issued without restrictions on the circle of persons who have the right to drive a car.

If the funds paid under compulsory motor liability insurance are not sufficient to cover expenses, the injured party addresses claims to the person responsible for the accident. After receiving an opinion from independent experts, the plaintiff has the right to go to court to obtain the missing amounts (Article 1081 of the Civil Code of the Russian Federation, Article 1079 of the Civil Code of the Russian Federation).

When the person who caused the accident was driving someone else’s car without insurance, the owner of the vehicle will be responsible for the damage caused (clauses 2-3 of Article 1079 of the Civil Code of the Russian Federation).

If the car is listed as stolen, the person who stole the car will have to pay for the damage caused. To prove the fact of theft, the owner, immediately after discovering the loss of the car, must submit a statement to the police duty station. Based on this document, a criminal case is opened. The car owner is recognized as the injured person, and responsibility for accidents that occur with the participation of the vehicle after the theft is removed from him.

The owner of the car, who paid the victim for the damage caused, has the right to demand a refund from the culprit of the accident (Article 1081 of the Civil Code of the Russian Federation).

Is it possible to sue the owner of a car involved in an accident?

When a collision was caused by the fault of a person driving a car without properly executed documents (the driver is not included in the MTPL), a lawsuit is filed against the owner of the car (Article 1079 of the Civil Code of the Russian Federation). When the accident is caused by a car thief, the owner will not pay for the damage caused.

The judicial authorities will force the person who has stolen a car and caused an accident to pay money. The owner will be held accountable if during the investigation it is established that he contributed to the theft of the car or the theft was falsified.

When an accident occurred due to the fault of a hired employee who was driving a departmental car, the organization that owns this vehicle will be responsible for the event (Article 1068 of the Civil Code of the Russian Federation).

After paying the damage to the victims, the legal entity has the right to hold the culprit accountable and recover the costs incurred. To do this, a representative of the organization submits the claim to the court along with documents confirming losses (Article 233 of the Labor Code of the Russian Federation, Article 192 of the Labor Code and Article 1064 of the Civil Code of the Russian Federation, Article 1081 of the Civil Code of the Russian Federation).

Normative base

The procedure for collecting funds if the culprit of the accident is not the owner of the car, and the responsible person is determined by the articles of the Civil Code of the Russian Federation:

If the owner of the car involved in an accident is a legal entity

Claims in cases where material damage was caused by a hired driver who was performing a flight according to a waybill issued by the organization, the victim addresses to the employer of the person responsible for the accident. Hired employees are considered to be persons performing official duties under any type of employment contract (Article 1068 of the Civil Code of the Russian Federation).

A legal entity is responsible for an employee who performed labor duties as directed by his immediate superiors. The organization is not responsible for a person who unauthorizedly took a car from a garage and drove it out of the enterprise without a waybill, and then committed a collision or collision. Such an act is tantamount to theft.

The legal entity may subsequently recover the funds paid to the victim from the driver through the court. To do this, you will need documents confirming the fact of transfer of funds under a court order. The organization does not have the right to recover larger amounts from the worker than was paid as compensation for losses. It is illegal to make decisions independently and collect funds from an employee’s salary, prevent his dismissal, or create other obstacles.

The imposition of a penalty on an employee through whose fault the organization suffered material damage is carried out by the court. The procedure for receiving compensation is regulated by the norms of the Labor Code of the Russian Federation and the clauses of the agreement concluded between the hired worker and the employer. It is possible to receive funds from the driver only if his guilt in the accident is proven, and the organization actually incurred documented expenses.

Step-by-step instructions for filing a claim

A statement of claim to the court against the culprit of the accident or the owner of the car should be created, adhering to generally accepted rules:

the document can be printed or filled out with a ballpoint pen;
the paste should be black or blue;
The style of presentation is only acceptable; it is forbidden to use jargon or obscene words;
the essence of the problem is presented consistently, laconically, without any emotional overtones.

A document containing swear words, errors, blots, or corrections will not be accepted for consideration.

The statement of claim is drawn up independently, using a sample. If it is difficult for the victim to create a document, he can turn to lawyers for help. The text must indicate the defendants. This could be the owner of the car or the person driving the car. When there are several responsible persons, their names are entered in the document one by one.

The application begins with a “header”, which indicates the full name of the plaintiff, the name of the court where the papers are submitted for consideration. The main text briefly outlines the situation and lists the defects and damage caused to the car. All claims and events are documented. The claim against the culprit of the accident or the owner of the car is accompanied by papers proving the guilt of the defendant and the losses incurred. It can be:

traffic police protocol;
the result of the independent examination;
witness's testimonies;
receipts for legal services.

The court must be provided with:

passport;
PTS;
car registration certificate;
insurance;
state duty payment;
driver license.

You can download a sample claim for damages from the person responsible for the accident here.

The procedure for filing a claim in court after an accident

The documents are submitted to the court in the area of residence of the defendant or his registration (Article 28 of the Code of Civil Procedure of the Russian Federation). When several people are at fault for an accident, any authority located at the place of residence of one of the defendants is chosen.

If the claims for damages presented in the claim do not exceed 50 thousand rubles, the case is considered by the magistrate court located at the debtor’s place of residence. The remaining applications are transferred to the district court (Article 23 of the Code of Civil Procedure of the Russian Federation).

Consideration of the case in court and receipt of payments

After the case is submitted to the judicial authorities, the defendants are sent a summons with copies of the claim and other documents attached to the case. During the preliminary hearing, the parties involved in the litigation can reconcile.

When the litigants are not satisfied with this way of solving the problem, a court date is set. If the defendant does not respond to the summons, the hearing is held in absentia, without his participation. After the court ruling comes into force, all that remains is to obtain a writ of execution. This document is then submitted along with the application to the FSSP (Federal Bailiff Service).

In a claim against the culprit of the accident or the owner of the at-fault car, the victim may ask for compensation for expenses incurred and those still to come. To do this, he needs to submit:

the result of the vehicle inspection by independent experts;
estimate for the purchase of spare parts and repair work from a car repair shop.

When a victim wants to recover money from the culprit of an accident or the owner of the at-fault car for moral damages caused after an accident, he must be guided by sound logic. He determines this amount independently. Damage to health must be confirmed by certificates from a clinic, emergency hospital, or receipts from a pharmacy.

It is more difficult to determine the culprit when the car has unlimited insurance. The driver who causes an accident may flee the scene. Previously, when a power of attorney was required for management, the owner could easily prove his non-involvement in the event.

Now the traffic police inspector does not need a power of attorney for inspection; he is only provided with insurance, vehicle insurance, and a driver’s license. There is no confirmation in any document that the car was handed over to the driver.

Road accident without compulsory motor liability insurance, the culprit or the owner of the car - who will compensate for the damage?

Sometimes in an accident without a compulsory motor liability insurance policy, it is not immediately clear from whom exactly to claim compensation for damage through the court. We recently encountered a situation where damage to a client’s car was caused by a driver who did not have a compulsory motor liability insurance policy and was not the owner or owner of the vehicle. The car itself was “rented” and the owner who arrived at the scene advised our client to sue the direct culprit. At the same time, the culprit himself, among other things, was a citizen of one of the republics neighboring the Russian Federation, and it was clear that it was unlikely that anything would be recovered from him. In this situation, a damage assessment was carried out and a claim was filed against the owner of the vehicle. But first things first.

And so this is what the Civil Code of the Russian Federation says. Article 1079. Liability for harm caused by activities that create an increased danger to others

Legal entities and citizens whose activities are associated with increased danger to others (use of vehicles, mechanisms, high-voltage electrical energy, nuclear energy, explosives, potent poisons, etc.; carrying out construction and other related activities, etc. .), are obliged to compensate for damage caused by a source of increased danger, unless they prove that the damage arose as a result of force majeure or the intent of the victim. The owner of a source of increased danger may be released by the court from liability in whole or in part also on the grounds provided for in paragraphs 2 and 3 of Article 1083 of this Code.

The obligation to compensate for damage is assigned to a legal entity or citizen who owns a source of increased danger on the right of ownership, the right of economic management or the right of operational management or on another legal basis (by lease, by power of attorney for the right to drive a vehicle, by virtue of an order of the relevant body on transferring to him a source of increased danger, etc.).

It follows from this that in this case, the culprit of the accident did not have ownership rights to the car, and before transferring control of the car (a source of increased danger), the owner had to take care of the legality of such control (make sure he has a valid driver’s license, undergo a technical inspection of the vehicle, make insurance). If the owner (proprietor) did not do this, he illegally transferred control to a third party and responsibility to the owner himself.

When the owner of the vehicle is not liable

In fact, there are only two such options.

The culprit of the accident took possession of the vehicle unlawfully - as a result of theft or other illegal actions. In this case, the owner of the vehicle did not give permission to drive the vehicle and the blame for all consequences remains entirely with the culprit. Including guilt in unlawful taking of a car. This also includes driving a car with the permission of a minor owner who does not have the right to be trusted to drive the vehicle and does not have one himself.

The culprit was not the owner, but was the owner of the vehicle . Here we are talking about cases where the culprit drove a car on the basis of a power of attorney. The power of attorney, among other things, gives the owner the right to insure the vehicle and obliges it to bear the legal consequences of owning the vehicle.

How to act

It is almost always more feasible to recover damages from the owner of the car, since he definitely has property (the car) and because he has responsibility. As practice shows, the culprits often turn out to be insolvent. If the culprit of the accident rented or borrowed a car from a friend (brother, wife, parents) with the permission of the owner, this is a basis for holding the owner jointly and severally liable. By the way, we recommend that all involved persons be held jointly and severally liable; the court itself will determine the degree of responsibility of each person.

The basis for material claims will be an assessment of the damage (vehicle examination), which you will have to conduct at your own expense (later in court, demand to recover costs from the defendant). Do not start repairing the car before an examination, as this will deprive yourself of the opportunity to substantiate the damage and receive compensation.

Road accident, the culprit is without compulsory motor liability insurance and is not the owner of the vehicle, from whom to recover?

The culprit entered the intersection at a red light, turning right and flew into the oncoming side of the road being crossed. There were no casualties.

You can see everything in the video.

He does not deny guilt. The accident was properly documented. Not the owner of the vehicle, insolvent, has no property, nationality - gypsies.

The injured party - the vehicle belongs to the legal entity, an assessment of the damage (repairs and technical equipment) was made, and repairs were carried out at a dealer service station.

The damage at the moment is 184 thousand rubles. (3-geometry, 7-evaluation, 10 lawyer, 5 fee, 159 repair).

A claim is being prepared, we will file it in the next few days.

Question: is it realistic to force the owner of the vehicle (the driver’s mother) to pay as the one who provided the vehicle without insurance?

make the gypsy disabled, then you will receive a little from his disability pension.

or get an IL and wait until his mother is gone and he registers some property in his name or the bank makes a transfer in his name.

I think it would be more practical to use this gypsy’s organs

it's difficult, eh.z. with whom are his organs compatible, are they suitable for normal people.

This means we need to hurry up and not put his disability on the back burner.

there will definitely be a composition according to the Criminal Code, inapplicable, although tempting.

I have the same situation. The first instance refused, the appeal is in a week, write to me if interested [email protected]

1079 of the Civil Code of the Russian Federation, you can try to demand it from the owner of the vehicle

there is an opinion that such decisions are practically not made, under the assumption that at the time of the accident the driver owned the vehicle “on another legal basis”, and he is responsible.

if the owner fails and does not go to court, the court may decide in your favor

here you can “beat” on the absence of a power of attorney at the time of the accident, and if it suddenly “pops up” - again a return to the owner - a power of attorney was issued in the absence of compulsory motor liability insurance.

the power of attorney can be oral.

The owner is the one who was driving at the time of the accident #comment_153970166

there is a chance it will work

PPVS number 1, 2010:

The specified person (driver by proxy) can be considered a legal participant in traffic (clause 2.1.1 of the Traffic Rules), but not the owner of a source of increased danger.

the owner is the culprit

Thank you everyone, the picture has been confirmed.

We will act in the right and unpromising way.

Fighter shake lawyer. Check the culprit's car using PCA. From the first of July, the procedure for claims has changed. Now

A friend has a similar situation, but the culprit also disappeared.
They found him later, but in the end there was nothing to take from him. It’s been almost 2 years now and I just have to write to the sports lotto (bailiffs) and they can’t do anything either, because... The culprit has no property. In general, you have now joined the ranks of those who have realized how fucked up OSAGO is.

what a fucking MTPL this is.
Did someone promise you that your MTPL will insure your property?

As a general rule, no.

That is, I would estimate the probability of such a claim being satisfied at 2-5%

Although, if you are just interested and don’t mind the money for duties, then you can go to the RF Armed Forces and find out his opinion on how he views the dishonest behavior of the owner who provided the car without insurance.

Here, even after you lose the case, you could file a case with the Constitutional Court of the Russian Federation, under the pretext that such and such an article gives an advantage to some unscrupulous persons (owners) over others (owners who were given the right to manage), which worsens the situation of the victims persons blah blah blah, I don’t remember what violates.. art. 19 of the Constitution about equality or something there.

But this is all provided that there is nothing to do and the question is really interesting))

The namesake question is interesting. And I will go all the way. It was summer right now at the stage of the financial ombudsman

I understand that you are talking about this accident. It beeps a lot. your accident.

I don’t understand what the financial ombudsman has to do with it.

It was necessary to immediately bring the culprit to court. well, on the culprit.

Not all the details are there. Which turned out to be

If there are no payments, the next step is most likely the Criminal Code of the Russian Federation Article 168:

“Destruction or damage to someone else’s property on a large scale, committed through careless handling of fire or other sources of increased danger”

At least punish him. I can’t imagine how they will react to such a statement.

But there is no composition under the Criminal Code of the Russian Federation here with a probability of 146%.

The culprit does not have compulsory motor liability insurance; the legal entity does not have compulsory motor liability insurance. The insurance company is out of business.

Does the culprit’s car have a policy? Look on the RSA website. The main thing you need is a valid insurance policy

Who the hell is listed there?

This is what the plenum says:

45. Under a compulsory insurance contract, the insured is the risk of civil liability during the operation of a specific vehicle, therefore, if an insured event occurs as a result of the actions of the insured or another person using the vehicle, the insurer is not exempt from paying insurance compensation (preamble, paragraph 2 of Article 6 and subparagraphs “c” and “e” of paragraph 1 of Article 14 of the Law on Compulsory Motor Liability Insurance).

Contact your insurance company with a claim for compensation.

For a list of documents that must be attached, look for the Bank of Russia Regulations dated September 19, 2014 N 431-P (as amended on October 8, 2019) “On the rules of compulsory civil liability insurance of vehicle owners.”

Then the insurance company will collect from the owner.

What civil liability did the victim have?

or another person , this other person is the driver of the insured car, and the policyholder in this case is a legal entity.

With the culprit then.

Not a lot of shit. from plus to minus, just :))

TS somehow doesn’t care who the insurance company will collect from: the owner or the culprit.

Krch, here is the practice of TSu.

SVERDLOVSK REGIONAL COURT

APPEAL DECISION
dated July 10, 2019 in case No. 33-11741/2019

Judge Usachev E.V.

The judicial panel for civil cases of the Sverdlovsk Regional Court, consisting of:
presiding A.M. Cherepanova,
judges A.N. Ryabchikov,
V.N. Luzyanin,
with the secretary of the court session N.,
considered in open court in the manner of appeal proceedings a civil case on the claim of the public joint stock company Insurance Company "Rosgosstrakh" against K. for compensation for damage caused as a result of a traffic accident, received on the defendant's appeal against the decision of the Chkalovsky District Court of Yekaterinburg, Sverdlovsk Region dated 03/05/2019.
Having heard the report of judge A.N. Ryabchikov, the explanations of the defendant K., who supported the arguments of the appeal, the judicial panel

PJSC IC "Rosgosstrakh" filed a claim against K. for compensation for damage caused as a result of a traffic accident in the amount of 76,619 rubles, legal expenses for payment of the state duty in the amount of 2,501 rubles.
57 kopecks In support of the requirements, it is stated that on October 20, 2015, near house No. 31 on the street.
Trade Union in Yekaterinburg, a traffic accident occurred involving two vehicles: Nissan Almera, no. N, driven by K. (P.), owned by 4, and Nissan Almera, no. N, driven 5, owned by right of ownership 6 The specified traffic accident occurred as a result of a violation by the driver of a Nissan Almera car, Mr. N K. (P.) of the requirements of clause 8.3 of the Traffic Rules of the Russian Federation, approved by the Decree of the Government of the Russian Federation of October 23, 1993 No. 1090.
By resolution of October 20, 2015, K. (P.) was brought to administrative responsibility under Part 3 of Art.
12.14 of the Code of the Russian Federation on Administrative Offences. As a result of a traffic accident, the vehicle Nissan Almera, no. N, belonging to 6, suffered mechanical damage.
At the time of the road traffic accident, the civil liability of the owner of vehicles 6 and 5 was insured by PJSC IC "Rosgosstrakh", policy series SSS 0702651015.
PJSC IC "Rosgosstrakh" recognized the specified road traffic accident as an insured event and, at the request of 7, paid insurance compensation in the amount RUR 76,719
Since defendant K. was not included in the compulsory insurance contract as a person allowed to drive a vehicle, the insurer filed a recourse claim against the person who caused the harm in the amount of the insurance payment made by the insurer.
By a court decision dated March 5, 2019, the claim was satisfied. The decision of the first instance in the case was upheld. Therefore, let the vehicle go to the owner’s insurance.