The culprit of the accident fled the scene of the accident

How to receive payment under compulsory motor liability insurance if the culprit of the accident fled the scene of the accident

It's good when a car trip goes without incident. But, unfortunately, no one is immune from unpleasant situations on the road. There are often cases when a driver, through whose fault an accident occurred, flees the scene of the accident in panic. Everyone has their own reasons for such actions: some simply get lost and leave in a state of shock, while others run away to avoid punishment. But no matter what the feelings of the culprit of the accident are, the victim ultimately needs to solve a difficult problem: how to receive payment under compulsory motor liability insurance if the culprit of the accident fled the scene of the accident.

What payments are due in case of an accident under compulsory motor liability insurance?

In accordance with current legislation, every motorist must have an MTPL insurance policy. According to its terms, in the event of an accident, the insurance company pays compensation to the injured party to repair the vehicle, as well as to pay for treatment and rehabilitation. Thus, the state guarantees that after an accident the victim will not be left alone with his problems and will not have to restore his health and car at his own expense.

The insurer, in accordance with the terms of the policy, is obliged to make a payment within the insured amount. The amount of insurance compensation is regulated by the Federal Law “On Compulsory Motor Liability Insurance” and is:

The validity period of the MTPL policy is 1 year, so drivers need to renew it annually for a new period.

Procedure if the culprit fled the scene

Unfortunately, cases where those responsible for accidents run away from the scene are not uncommon. Therefore, every driver should know what to do if the culprit of the accident escaped. Firstly, do not panic - this way, the chances of minimizing the consequences of the accident will increase, as will the likelihood of finding the offender faster. Secondly, remember as much information as possible about the culprit of the accident: the make and model of the car, color, if possible - license plate number, some characteristic features. This will help the police quickly find the culprit and bring him to justice.

In this case, the victim is not recommended to:

to catch up with the offender, as this is dangerous and can lead to even more disastrous consequences, for both parties. As a last resort, if possible, one of the witnesses to the accident can trace the culprit of the accident;
leave the scene of the accident - in this case, you can not only lose the status of a victim, but also become the culprit of the accident if the real offender decides to return and call the police.

How is the search for the missing culprit going?

Due to the constant busyness of police officers, it is necessary to constantly remind themselves. Such actions will increase the chances of finding the offender, otherwise there is a high probability that the victim’s statement will simply be lost.

If official searches due to the fault of police officers are not being conducted very actively, it is necessary to express your complaints to their superiors. You can write a complaint to the manager. If this does not bring the desired result, you should contact the prosecutor's office.

You should not rely only on law enforcement agencies, especially if only the car was damaged during the accident. In order to quickly find the offender, you need to make an effort yourself. You can find witnesses to the incident or people who know the culprit of the accident using advertisements that are recommended to be placed:

in local social networking groups;
on the most visited Internet forums where the situation in the city/region is discussed;
on other Internet sites.

You can also post notices looking for witnesses in the area where the incident occurred and submit information to popular local newspapers.

It is recommended to take a walk near the scene of the accident and ask residents of nearby houses if any of them saw the accident. Any additional information can help quickly find the offender and restore justice.

The victim must understand that it is very difficult to cope with such a task on his own, so it is advisable to involve friends and acquaintances in the search.

What are the statute of limitations for compensation of damages if the culprit of the accident escaped?

The search for a violator of traffic rules must be carried out actively, since he can avoid liability if the statute of limitations expires. For leaving the scene of an accident and violating traffic rules, he can be held accountable only within 3 months after the accident (Article 4.5 of the Code of Administrative Offenses of the Russian Federation).

But for the consequences of the accident, the culprit can be punished even after 3 months.

Thus, for harm caused to health, the statute of limitations is 1 year, if the injuries were severe - 2 years, and if the injuries resulted in the death of a person - 6 years.

For creating an emergency under the influence of alcohol and drugs, the driver can be held accountable for 1 year. But in order to prove the presence of these substances in the offender’s body, he must be caught immediately after the accident, otherwise it will be difficult to prove the driver’s guilt a few days later.

For damage caused to property, the culprit can be punished within 3 years from the date of the accident. But in order to compensate for the costs of treatment as a result of an accident and moral damage, you can go to court at any time, since in this case there is no statute of limitations.

How and what payment can you receive under compulsory motor liability insurance if the culprit of the accident has not been found

Victims of an accident are often concerned with the question of how to obtain insurance if the participant in the accident fled the scene of the accident. After all, if the offender is not found, it is not known which insurance company should be contacted for compensation.

Of course, there is a chance that law enforcement officers will still catch the offender, especially if the victim wrote down the license plate number or can at least describe the vehicle in detail. However, over time, the likelihood of this decreases. Typically, search activities are carried out within a month, in special cases they can be extended to two months.

In addition, one should take into account the possibility that the culprit of the accident does not have a compulsory motor liability insurance policy or is expired. In this case, the victim has the following options:

agree on voluntary payment of compensation;
go to court or the Russian Union of Auto Insurers (RUA).

By the way, the latter option also makes it possible to receive payments under compulsory motor liability insurance if the culprit fled the scene of the accident and was not found.

However, it should be borne in mind that by contacting the RSA, the victim will not be able to receive compensation for damage to property. The union pays car insurance only in two cases: if the insurer goes bankrupt or its license is taken away.

However, the victim of an accident himself will be able to count on compensation:

harm caused to health;
lost earnings;
expenses for treatment, food and others related to the restoration of health.

The amount of payment provided to compensate for harm to health and life caused as a result of an accident depends on the nature of the injuries and cannot exceed 500 thousand rubles for each victim.

In order to receive compensation, the victim must contact:

RSA information center;
an insurance company that is a member of the Union;
directly to RSA.

There he must write a corresponding application and provide:

documents confirming the fact of the accident: a certificate of an accident issued by the traffic police, a copy of the protocol on the administrative violation;
a copy of the insurance policy of the person at fault for the accident (if any);
notification of an accident;
conclusion of an independent technical examination;
passport (for individuals) or constituent documents (for legal entities);
driver's license;
registration certificate for the car.

In addition, you must have with you documents confirming the costs of treatment and restoration of health.

Based on the received papers, the amount of compensation is calculated, which is transferred to the victims according to the details specified in the application.

In turn, RSA will recover the costs incurred from the violator if he is eventually found.

How to compensate for damage if the culprit is found

If the culprit of the accident turns up or is found and he admits his guilt, you can negotiate compensation with him directly. Otherwise, you will have to prove his involvement in the accident through the court.

By the way, the cost of a lawsuit can be included in the expenses incurred for the restoration of property, as well as for treatment and rehabilitation. But in order to receive payments, you will have to wait for the final verdict of the judicial authority.

After the culprit admits his guilt or his guilt is proven in court, you should contact the insurance company that issued the policy to receive compensation. There you will have to fill out an application for compensation for damage, provide all documents about the incident, as well as a court decision.

The insurance company pays compensation for damage within the limits of the insured amounts established by law. However, before payment, an examination of the property must be carried out, which will determine the extent of damage and the cost of repairs. Based on the information received, the final compensation amount is calculated. If, during the accident, harm was caused to the health of the victims, then the amount of payment is determined based on the results of a forensic medical examination, which indicate the severity and nature of the injuries.

What punishment faces a driver who fled the scene of an accident?

Punishment for the driver for fleeing the scene of the accident, namely deprivation of the right to drive a vehicle for a period of 1 to 1.5 years or arrest for 15 days, is provided for in Article 12.27 of the Code of Administrative Offenses of the Russian Federation. Which of them will be applied depends on the court's decision.

By the way, the escape of the offender from the scene of the accident is the basis for the insurer to contact him with a demand for recourse to the insurance payment.

In addition to administrative punishment, the violator may be held criminally liable if there were victims in the accident and he did not provide first aid. In particular, Art. 125 of the Criminal Code of the Russian Federation provides:

a fine of 80 thousand rubles;
compulsory work for up to 360 hours;
correctional or forced labor for a term of up to 1 year or imprisonment for the same period;
arrest for 3 months.

If the culprit of the accident first disappeared and then returned to the scene of the accident, he will be fined a maximum of 1,000 rubles.

It should be noted that there is only one justification for leaving the scene of an accident - taking the victim to the hospital. All other reasons will only worsen the situation.

Finally

In order for a person injured in an accident to receive compensation and pay for his treatment and restoration of damaged property, the state introduced compulsory compulsory motor liability insurance. All vehicle owners must have this insurance policy. In the event of an accident, the insurance company that issued the policy to the person responsible for the accident is obliged to reimburse the victims for all expenses, which should not exceed the amount of insurance amounts established by law.

But is insurance paid if the perpetrator of the incident fled the scene? There are several options here:

If the offender is found and found guilty in court, his insurance company will make insurance payments.
If the culprit is not found, the only option to receive compensation is to contact the Russian Union of Auto Insurers. However, in this case, only the costs of treatment and rehabilitation of the victims, as well as their lost earnings, are compensated, while damage to property is not subject to compensation.

Both in the insurance company and in the RSA, the amount of insurance compensation for treatment, rehabilitation, etc. depends on the nature of the injuries received and the severity of the injuries, but cannot exceed 500 thousand rubles for each victim. The maximum amount of compensation for damage to property cannot exceed 400 thousand rubles.

To increase the chances of receiving compensation if the culprit of the accident escaped, the victim must follow these rules:

do not leave the scene of an accident;
try to remember the offender;
Periodically inquire with the police about the progress of the investigation.

What to do if the culprit of an accident escaped: video

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

How to receive payment under compulsory motor liability insurance if the culprit fled the scene of an accident?

Almost any driver, getting into an accident, is in a slight trance - a state in which he is confused and cannot understand or remember anything. Such behavior is the worst way to display human feelings in the event of an accident, so some of the actions of the participants in the accident may be strange... For example, being in shock from what happened, the culprit of the road accident may simply hide. In this article, we will consider what actions the injured party should take if the culprit fled the scene of the accident, and what actions should not be taken.

First actions after an accident

The first rule that an injured participant in an accident should follow is to try to immediately remember the signs of the car responsible for the accident. To do this, you need to remember:

state registration number of the car;
car make and color;
the location and nature of body damage received by the culprit during the collision.

If, as a result of an accident, these signs were not recorded, under no circumstances should you try to chase the car that caused the accident - such an action will result in administrative or even criminal punishment for leaving the scene of the accident. In such a situation, you should be guided by the rule - if the culprit of the accident disappeared, then your own insurance company will be obliged to pay the damages resulting from the accident within the time limits established by current legislation.

Procedure for completing the protocol

Even if the culprit of the accident fled the scene, the victim should be guided by the established traffic rules, which consist of the following steps:

Turn on the hazard warning lights.
Put up a warning triangle.
Call an ambulance if necessary.
Call the traffic police and call inspectors to the scene.
Find witnesses to the incident and those who could remember at least some information about the culprit of the accident.

Next, you should wait for the traffic police to arrive. If witnesses say that they need to go somewhere, but the traffic police officers do not arrive by this time, you should definitely take their contact information in order to subsequently contact them to testify.

After traffic police officers arrive at the scene of the accident, the following measures must be taken:

bring traffic police officers up to date on the case and introduce them to witnesses;
explain to them that the culprit of the traffic accident escaped and provide all available information about him (together with witnesses);
carefully ensure that everything that was written in the protocol is described down to the smallest details and, after checking, sign the protocol;
go to the nearest traffic police department, where you will need to write a statement about searching for the escaped culprit;
call the insurance company and notify the insurance representative that an insured event has occurred - the accident occurred not through the fault of the policyholder, and the culprit fled the scene of the accident;
wait for the results of the search for the driver who fled the crime scene.

Procedure for processing documents

As soon as the culprit is found, you will need to immediately make a decision - how to get insurance compensation from him - either by going to court or directly to the insurance company. There is also a mandatory procedure in which the victim will not be able to choose the option of receiving compensation if the person at fault for the accident that day did not have a driver’s license for any reason, or did not have compulsory motor liability insurance, or he refuses to admit the fact that he is the culprit of the road accident. -transport accident.

In any case, you should remember that you won’t be able to go to court with just a statement of claim - you will need to collect a small package of documents:

certificate of accident;
accident scene inspection report;
document assessing the damage caused.

If the culprit does not deny his guilt in the accident, and at that time he has a valid MTPL policy, then you can safely contact the insurance company, and then, if all the documents are completed correctly the first time, you can quickly receive insurance payments.

What to do if the culprit of the accident has not been identified?

If the culprit of the accident fled the scene and was never found during operational search activities, you must contact the insurance company. Insurance company employees must register the insured event that has occurred and prepare documents for payment of insurance compensation. If the insurance company refuses to pay out funds under compulsory motor liability insurance, you should not give up on everything. In this case, documents should be prepared for their subsequent consideration in court without the participation of the person responsible for the accident.

In this situation, the culprit should file a claim, and the insurance company will be the defendant in court, since there will be no one to file a claim for insurance compensation. After filing a claim against the insurance company with which the compulsory motor liability insurance was issued, you should wait until the trial begins.

Based on all the testimony of witnesses, the expert opinion and the words of the victim, the court will make a decision. If the victim can prove the guilt of the second participant who fled the scene of the accident, the court will oblige the insurance company to pay compensation in full. After receiving a lawful court decision, you should immediately contact the insurance company for payment.

If the court recognizes mutual guilt, it has the right to determine the percentage of guilt separately for each participant in the road accident. Then, based on the percentage, using the proportion, it will be possible to calculate exactly how much the insurance company must pay to the injured party.

Conclusion

It is possible to receive payment under compulsory motor liability insurance if the culprit fled the scene of the accident. If the culprit is never identified, the victim’s insurance company will be responsible for the damage caused during the accident. If it is possible to establish the identity of the citizen responsible for the accident, compensation can be recovered both pre-trial and in court.

The culprit of the accident fled - how to receive compulsory motor liability insurance payment

Once in an emergency situation, many car owners begin to panic and take unconscious actions. Some even flee the scene of an accident. The compulsory MTPL insurance policy provides for the payment of compensation when the policy holder is innocent of the incident and all participants are known. But what to do regarding compulsory car insurance if the initiator of the accident fled the scene? Is it possible to count on compensation for damage in this case?

Procedure

The first thing to do is to calm down as much as possible and “pull yourself together.” In this situation, panic can only do harm. If your opponent tries to escape after an accident, it is important to react in time and write down the registration number of his vehicle, make and model.

It would also be useful to record the approximate nature of the damage, for example, the left headlight is broken or the bumper on the left is damaged. This data will help reduce the time spent searching for the missing person. After this, you must urgently call the traffic police.

What companies providing compulsory motor third party liability insurance services are prohibited from doing if the driver at fault for the accident fled the scene of the accident immediately after the incident:

Try to catch up with the offender yourself.
Leave the scene of the incident.
Move the damaged vehicle.

The first and second points may result in criminal liability. Therefore, under no circumstances leave the scene of the accident. If you move the damaged vehicle yourself, the insurance company may refuse to pay because it will not be possible to establish the exact causes of the accident and determine the culprit.

Note. If the victim became ill and was taken away in an ambulance, this is not considered leaving the scene of the accident. Such measures are provided for at the legislative level and are regarded as emergency situations requiring urgent hospitalization of the victim. In this situation, the traffic police inspector draws up a protocol together with independent witnesses from the outside.

Search for witnesses

What should you do under compulsory motor liability insurance if the second participant fled the scene of the accident before the traffic police inspector arrived? In this case, witnesses are very important, so you need to make every effort to find them. They could be random passers-by who recorded the accident, sellers from neighboring stores, or residents of nearby houses. In this case, 1-2 people are enough who can confirm the victim’s words.

One of the best evidence is video recording. You should carefully inspect the surrounding area; perhaps there is a camera on some building. If a witness is found, but he does not have time to wait for the traffic police inspector, be sure to take contact information. You can also ask the person to write a statement. To do this, an ordinary sheet of paper is enough, which indicates:

Full name and contacts.
Text of witness statements (when, where and how the collision occurred).
Date and signature with transcript.

According to the unspoken rules of compulsory motor liability insurance, if the culprit fled the scene of an accident and no witnesses were found, you can turn to the help of the media, social networks or post advertisements near the scene of the accident. There is a lot of information on the Yasvidetel.ru resource. Another option is to contact a detective agent. The service is paid, but very effective.

Important! If you have a dashcam, be sure to stop recording after an accident. Many models are capable of capturing only a few fragments, and after the memory card is full, overwriting begins. Remember that video technology is not only a good witness, but also direct evidence of the driver’s innocence.

What to do if the culprit is not identified

If during operational search activities no witnesses could be found, the victim should contact the policyholder. The insurance agent is obliged to record the accident and take all possible measures to eliminate defects in the damaged vehicle. In case of refusal to pay damages you will need:

Write a claim to the insurance company.
Record the fact of its submission.
Wait for a response from management.
If the answer is unsatisfactory, go to court.

All available documentation, registrar records (if any) and protocols from the scene of the accident must be provided to the court district. It happens that the judge makes a decision in which both participants in the accident are equally to blame. In this case, the percentage of guilt and the amount of damage are calculated, and compensation is paid immediately after contacting the insurance company again. If the victim proves the guilt of the driver who fled the scene of the accident, compensation is paid in full.

Rules for drawing up the protocol

If the driver at fault for the accident fled the scene, the injured party must turn on the hazard lights, install a warning triangle and call the traffic police officer. The first thing you need to do when calling the inspector is to provide all available information about the culprit. This will help you find him “hot on your heels.”

After the arrival of a government official, the driver must provide full information about the incident and attract witnesses (if found). The next step is filling out the protocol. It should contain the following information:

Data of the victim and the inspector who compiled the report.
A detailed description of what happened.
Information about witnesses, their contacts and testimony.
Level of road surface, visibility of markings and signs, serviceability of traffic lights.
Description of weather conditions at the time of the accident.
Braking distance size. If an inspector measures it, be sure to re-measure.

In addition to written materials, videos and photos are taken into account. All this is attached to the protocol and is necessarily recorded in it. After completing the document, you must re-read it carefully so as not to miss a single detail.

The diagram drawn up by the inspector is also important. It should reflect traffic lights, nearby buildings, traffic signs, markings, the direction of travel of your vehicle and street names. If there are any discrepancies or ambiguities, be sure to inform the traffic police officer so that he can make amendments.

Note . If the road surface does not comply with GOST (large holes, cracks, potholes, open pumps, etc.), road services may be considered to be the culprits of the accident. If there are significant defects on the road, be sure to ask the inspector to record them in the protocol.

Insurance Company Notification

After the traffic police inspector draws up a protocol and records the insured event, it is necessary to inform the policyholder about this. This should be done as quickly as possible, even if the culprit of the accident fled the scene and is wanted. When contacting an insurance company, the client will need to prepare a package of mandatory documentation.

If any document is missing, the company may refuse to pay compensation. In addition, you must report the occurrence of an accident within five days from the moment of the incident. The client is also obliged to deliver the damaged vehicle no later than five days. All these issues are regulated by Article 3 of Federal Law No. 11 “On Compulsory Motor Liability Insurance”.

Actions and package of documents - how to receive payment

If the culprit of the accident fled the scene, the injured party needs to collect a package of documents and contact their insurance company. The list of documentation includes:

A copy of the passport of the person who will receive compensation.
Statement about the occurrence of an insured event.
The victim's driver's license.
A vehicle inspection certificate confirming that the vehicle was in good working order at the time of the accident.
Documents for the vehicle.
OSAGO policy.
Bank details for receiving compensation.
Certificate about an accident from a traffic police inspector.
A resolution that the culprit has been brought to administrative responsibility (if the inspector issued such a document).
A receipt confirming payment for tow truck services (if one was used).

After submitting the documents, the insurance company gives a direction to inspect the vehicle. This is necessary to assess the damage caused. Determining the amount of compensation takes place in two stages - an initial examination and a more thorough examination (if necessary). There is no specific formula, but there are rules for calculating damage established by the Central Bank of the Russian Federation (Central Bank). When forming the amount, the specialist takes into account:

the price of spare parts required for repairs;
expenses for paint and varnish products, putty, etc.;
depreciation wear of the vehicle at the time of the insured event;
the cost of repair work according to the auto repairman’s price list;
the price of the vehicle before the accident.

According to the rules of compulsory motor liability insurance, compensation is paid to each car owner whose health or property was damaged due to the fault of third parties. If the amount determined by the expert is not enough to cover expenses, the policy holder has the right to apply to the courts.

The company has the right to refuse to pay compensation if the damaged vehicle does not have an inspection certificate or diagnostic card. In this case, compensation for damage is impossible even through court.

What to do if the culprit does not have a compulsory motor liability insurance policy

The absence of a compulsory insurance policy for the driver at fault in the accident is not uncommon. But what to do in such a situation? In this case, you need to collect a package of necessary documents - a certificate from the traffic police, the vehicle owner’s passport, a vehicle title and a protocol from the scene of the incident. Then there are two options for resolving the issue:

File a claim in court demanding that the culprit pay the damages.
Contact RSA (Russian Union of Auto Insurers). This is only relevant if the car owner’s health is harmed.

If the victim has a CASCO policy, then compensation is possible precisely under this program, and not under OSAGO. Then the client should contact the policyholder and state that the person responsible for the accident does not have a compulsory insurance policy.

In the event that the initiator of an accident fled the scene of the accident, compulsory motor vehicle liability insurance compensates for the damage, but this requires compliance with a number of rules. An important component in the process of receiving compensation is collecting documents, so you need to approach the issue responsibly, without giving in to panic.

How to receive payment under compulsory motor liability insurance if the culprit fled the scene of an accident

2,013 views 0 09/25/2017 Payments under OSAGO, OSAGO

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By purchasing a compulsory MTPL protection form, every motorist insures his liability as a traffic participant. But what about the owner of the vehicle if the one who caused the damage in the accident disappeared? Since this can happen to anyone, it is necessary to have information and know how to behave correctly.

How to behave after an accident if the culprit escaped

If you look closely at the statistics, you can see that accidents are not a rare occurrence, especially for large cities. Many motorists are concerned about whether payment is due under compulsory motor liability insurance if the culprit fled the scene of an accident? If this happens, you must adhere to the general algorithm of actions.

The most important thing that the victim should know is that in no case should you emotionally get into the car to catch up with the culprit. If the scene of the accident is abandoned, it will no longer be possible to receive payment under a compulsory motor liability insurance agreement or in court, even if the guilty party is found.

Notifying the insurance company about the occurrence of an insured event

As soon as all traffic police officers have recorded an insured event, you can collect documents and contact the central office of the insurer. It must be taken into account that it is necessary to notify the insurer about the insured event, regardless of whether the culprit is found or not. When contacting an insurer, a motorist must prepare:

personal passport of the vehicle owner
car document
driver license
OSAGO form
diagnostic card to confirm that the car was in good condition

If you have the specified documents, you will need to fill out an application and receive an official request from the traffic police. It is upon a request from the insurance company that the traffic police officers will provide an official report, which will indicate the location of the accident, witnesses and that the culprit has fled.

As for the application, it should indicate:

Personal Information
vehicle characteristics
date and place of the accident
known details of the guilty party (car number, make and model)

Additionally, you should indicate in the statement whether harm to life and health was caused during the accident or not.

How to behave after the culprit is found

It is worth considering that there is no time limit within which traffic police officers must find the culprit. Therefore, car enthusiasts will have to wait. Once the guilty party is found, it is necessary to understand:

if the culprit has the MTPL agreement form
whether the driver is included in the compulsory protection policy or not

If the guilty party has not drawn up a contract, is expired or is not allowed to manage it, then it will not be possible to receive a compensation payment from the insurance company. In such a situation, there are two options to solve the problem:

offer to voluntarily pay compensation
go to court

In practice, drivers rarely agree to pay damages voluntarily. In this case, the victim should competently prepare a statement of claim and go to court. It is worth taking into account that in court the guilty party can receive not only the funds necessary for restoration repairs, but also moral compensation. If the guilty party has a contract form and does not deny his guilt, then it is worth visiting the insurer’s office and receiving payment. In this case, the culprit must write a statement to the loss settlement department in which he admits his guilt.

Is it possible to receive an insurance payment if the culprit of the accident has not been found?

But what to do if, after a long time, traffic police officers have not been able to determine the identity of the party responsible for the accident? Unfortunately, in such a situation, the insurance company may refuse on legal grounds. If the identity of the guilty party is not established, then the insurance company from which, after payment, the amount of damage must be recovered, is also unknown. In this case, the only way to help the motorist is a voluntary CASCO agreement, which is guaranteed to cover all expenses that arose as a result of a traffic accident.

Of course, every car enthusiast can contact the Russian Association of Auto Insurers, which may help receive payment. To summarize, it is worth noting that if the guilty party left the scene of an accident, you should not despair, since there are options for receiving compensation payments. The main thing is to correctly record not only the insured event, but also to correctly complete all the documentation. Of course, you must immediately take into account that you will have to compensate for the losses yourself if the traffic police officers cannot find the guilty party.

Video: Driver's actions after an accident. WHAT to do and in what order?

How to receive payment under compulsory motor liability insurance if the culprit of the accident fled?

There are times in the life of motorists when a driver, who is not bothering anyone, is driving in compliance with the rules of the road, and suddenly one of the participants in the flow makes a sharp maneuver, touches the car of a motorist calmly moving along the road, causing damage to the car and, without stopping, disappears from sight. What to do in this case? Will compulsory motor liability insurance pay?

Are the details of the offender known?

You can analyze two scenarios for the development of events, according to which the following actions will be clear.

Car number is known

If the violator’s number was recorded, it is even better to confirm it with a DVR recording, then regardless of the location of the violator, money for damage can be received on the basis of the decision of the plenum of the Supreme Court No. 2 of January 29, 2015, obliging insurance companies to pay damages to the escaped violator, paragraph 45 of which states :

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

Only in this case you need to understand that in order to receive compensation from the insurance company, the missing car must be insured. If there is no insurance, then you will not be able to receive payment under the MTPL policy.

Until the end of the administrative investigation, it will not be possible to receive compensation for damage, since the victim will not have a complete set of documents provided for by the 2019 legislation.

Vehicle number unknown

Despite the fact that the MTPL policy is intended specifically for liability insurance, and in the absence of a defendant there seems to be no one to ask, this is not so. There are few cases where payment is impossible, they can be listed:

The car that caused the accident has not been found, nor has the driver who caused the collision, but there are no injuries.
The participant in the accident does not have a compulsory motor liability insurance policy and there are no injuries.

How to behave after an accident if the culprit escaped

After an accident occurs, you must immediately stop, turn on the hazard lights or put up a warning triangle. In any case, there is no need to try to catch up with the offender - you will have to answer for leaving the scene of the accident and you will no longer be able to get money under compulsory motor liability insurance.

In the event of an accident, the following regulations are established by the traffic rules.

A warning triangle must be installed from the scene of the accident at a distance of 15 meters in the city and 30 meters outside the city.
The victims are being identified.
The traffic police squad is called.
If possible, it is necessary to find witnesses who are ready to confirm that they saw the fact of the collision of this particular car, and exchange telephone numbers for communication.
Take photographs of the car from all angles, highlighting the damaged areas separately.
Traffic police officers will record the emergency situation in the protocol.
If you have a video recorder, provide the recording to the police, and also ask them if the incident was within the visibility range of the stationary camera.
Drive with the police to the police station and write a statement indicating the make of the car responsible for the accident and its license plate number.

Insurance Company Notification

After completing all the necessary actions at the traffic police, you need to contact your insurance company to notify - this must be done in any case, regardless of the capture of the offender. You must write a statement to the insurance company and provide the following information:

Your personal data.
Car model.
Date and place of the accident.
Violator's details - license plate number, car make.
Presence of harm to health as a result of the accident.

The following documents must be attached to the application:

Car owner's passport.
Documents for the car.
Driver's license.
OSAGO insurance policy.
Diagnostic card for the car.
A report from the traffic police indicating the details of the accident.

Statute of limitations

One way or another, we will have to wait for the fugitive to be caught. There are regulated deadlines for this process.

If a traffic accident in which the second participant fled falls under an administrative case (there are no injuries or deaths), then the search for the fugitive can last two months, with the possibility of increasing the period by decision of the traffic police officer.
If a traffic accident in which the second participant escaped falls under the Criminal Code - there are dead and/or injured - the search for the offender may last one year.

Is it possible to get money if the second driver is not found?

It is impossible to contact the insurance company before the end of the deadline for catching the offender, since the victim will not have a resolution or determination from the traffic police, which are mandatory documents when submitting an application for payment under compulsory motor liability insurance, which is stated in the Insurance Rules in paragraph 3.10.

When RSA intervenes

The Russian Union of Auto Insurers will be able to connect after the search for the offender is completed if the insurance company does not want to pay the money. And, most likely, it will help to achieve compensation for damage; there is also the option of receiving compensation payments.

Compensation payment is compensation for damage to the injured party in the event of impossibility of making payments under the MTPL agreement. The amount is paid to RSA from a special fund filled with membership fees from insurance companies.

How to get paid if the instigator of the accident is found

Everything is simple here. If the escaped driver is found or appears himself and admits to the crime, the following must be established:

Does the violator have a compulsory motor liability insurance policy?
Is he included in it?

Option 1 - the violator has a valid MTPL policy

In this case, you need to come to the insurance company of the person responsible for the accident and receive compensation for the damage. In the loss settlement department, the violator writes a statement in which he admits his guilt.

Option 2 - the violator does not have a compulsory motor liability insurance policy

In this case, compensation for damage from the insurance company will not be possible. There remain only two possibilities for resolving this issue.

Receive compensation voluntarily.
Resolve the issue in court.

As practice shows, not every participant in an accident agrees to voluntary compensation for damage. The applicant will need to competently draft a statement of claim. If you go to court, you can demand not only compensation for damage to the victim’s vehicle, but also moral compensation.

What is the penalty for leaving the scene of an accident?

The severity of the punishment depends on how the offender who fled the scene of the accident behaved.

If you left but then returned

It matters when the person responsible for the accident returned to the scene of the accident.

If the return occurred before the traffic police officers completed the protocol, then he is not considered to have left the scene of the accident. The maximum that he can be charged with is a fine of 1,000 rubles. Sometimes he may be recognized as having left the scene of an accident, although his signature is on the protocol, but this issue can be appealed in court.
If the return occurred after the registration of the protocol, the violator will be found guilty with all the ensuing consequences. Although the fact of return will be taken into account by the court as a mitigating circumstance, and the culprit may get away with 5 days of administrative arrest.

To the person who left the accident

A road user who leaves the scene of a traffic accident faces considerable liability. After searching and identifying the culprit of the accident, he will respond as follows:

Deprivation of a driver's license for a period of one to one and a half years in accordance with Part 2 of Article 27 of the Code of Administrative Offenses of the Russian Federation with a fine of 30 thousand rubles or administrative arrest for 15 days.
For leaving the scene of the accident, the violator will also face trouble from the insurance company in the form of recourse to the amount of compensation paid for the damage incurred, in accordance with paragraph “d” of paragraph 1 of Article 14 of the Federal Law on Compulsory Motor Liability Insurance.

Summarizing what has been said, we can reassure motorists with the fact that even if the culprit of the accident who fled the scene of the accident is not found, you can always count on receiving compensation. To do this, you need to do all the steps correctly - record the insured event and draw up the necessary documents. But don’t forget that you may have to pay for the restoration of your own car out of your own pocket.