Does insurance pay to the person at fault for an accident?

Are the culprits of an accident entitled to insurance payments under compulsory motor liability insurance?

Many motorists who have been involved in an accident for the first time and have no previous experience in litigation often ask a fairly popular question - whether they have the right to receive a payment under an MTPL policy to restore their own vehicle. In this article we will try to answer in detail the question - is insurance paid to the person at fault for an accident, and if so, in what cases?

Who is entitled to payments under compulsory motor liability insurance and for what?

Unlike the CASCO policy, which provides insurance for material damage caused to a vehicle, the MTPL policy provides for mandatory insurance of motor third party liability, i.e. allows you to compensate for damage caused to the injured party in the amount of up to 400 thousand rubles. (as of 2017). However, this does not mean that the person at fault for the accident will under no circumstances be able to receive payments as a result of an insured event.

In real life, the line between the culprit and the victim in an accident is quite arbitrary, and it is not always possible to clearly determine who is at fault for the accident. Often both parties bear responsibility, and if damage was caused to the cars of both participants in the accident, then both parties have a chance to receive compensation.

First of all, it is necessary to clearly establish how many parties were involved in the accident and whose fault the insured event occurred. In this situation, the following options may exist:

• responsibility for the accident lies entirely with one driver - the other did not violate traffic rules and turned out to be a victim;
• the fault of the parties in an accident is mutual (or in an accident there are more than 2 victims, and the fault lies with several participants);
• The accident occurred with the participation of only one party (the car crashed into a pole or tree, and the emergency situation was created by the driver himself, and not by third parties).

In the first case, the payment is due only to the injured party, and the payment will be made by the insurance company of the at-fault party. The culprit of the accident in this case will have the right to receive payments only if CASCO is issued. In a situation of mutual fault, when the culprit is also a victim, payment can be made to both parties, but only at the discretion of the insurance company or by court decision.

As a rule, a compulsory motor third party liability insurance contract stipulates that the insurance company of the guilty party must compensate for losses. But if both participants in an accident are insured under compulsory motor liability insurance, and only property (vehicle) was damaged in the incident, the victim has the right to apply for payment to his own insurer. Direct compensation for losses cannot be resorted to if, as a result of the insured event, in addition to property, the life and health of the participants were damaged. “Their” insurance company can only pay the injured party for car repairs, with the exception of funds for treatment. If the victim eventually discovers that his health was also damaged, he can turn to the insurance company of the guilty party for recovery.

How can the person at fault receive payment?

The culprit of an accident, if he is also a victim, has a very real chance of receiving a payment that will at least partially compensate for the damage he has suffered. The problem is that insurers in such situations most often do not want to pay compensation, and often refuse insurance payment to both participants in the accident. At the same time, they refer to the Law “On Compulsory Motor Liability Insurance”, which states that “the person at fault is not supposed to pay insurance; if both are at fault, then both should not receive anything.” In the best case, the insurance company may decide to pay for damages taking into account the degree of guilt of the participants, when each of the participants in the accident will be paid 50% of the amount of insurance compensation (only if the court has not established an unequal degree of guilt).

What to do if the insurer generally refuses to compensate for losses and pay compensation to the driver, who is both the culprit and the victim? In this case, you should go to court, and you can choose one of the following strategies:

• seek for the court to recognize the culprit as a victim;
• prove the absence of one’s own fault in an accident.

The second strategy is justified if the participant in the accident turned out to be “at fault without fault”, and the real responsibility for creating the emergency situation lies with pedestrians, road, utility service or another driver, and this can be proven. In this case, compensation will be paid to him as a victim, and not as a culprit.

If the guilt of the participant in the accident is indisputable, he also has a chance to recover his losses through the court, only if the court considers the accident as 2 separate administrative violations, and in each establishes the guilty and the injured party. With such a court decision, the insurer will pay for the damage caused to the victim by the other party, but he will not receive compensation for that part of the damage that the motorist suffered through his own fault. If the court considers the case in its entirety and establishes the guilt of each party, both culprits will lose the right to compensation for damage despite the fact that they are simultaneously victims.

When are payments under compulsory motor liability insurance not made?

There are a number of situations in which damage caused to the culprit of an accident by another party will under no circumstances be paid by the insurance company - even if he is also a victim. Here are the most common of them:

• the driver was not included in the MTPL policy;
• dangerous uninsured cargo was transported;
• the damage was caused during sports, experimental, educational or work activities.

If a person not specified in the policy was allowed to take control, the culprit not only cannot count on compensation himself, but it is also possible that he will have to reimburse the costs incurred by the insurance company when paying compensation to the other party.

In accordance with the Law “On Compulsory Motor Liability Insurance”, the insurance company is not obliged to pay moral damages and lost profits, while damage to property and health is covered only within the limit of payments under the Compulsory Motor Liability Insurance (MTPL).

Is insurance paid if the driver is both the culprit of the accident and the victim, and there are no other participants in the accident? The answer is clear: if the driver, through his own fault, caused damage to his car and other property, the insurance company will not pay him for repairs (Article 6, paragraph 2, subparagraph “h” of the Federal Law “On Compulsory Insurance ...”).

Conclusion

Thus, if an accident occurred due to the mutual fault of the participants, the culprit can receive compensation from the insurer of the opposite party as a victim. But often this has to be achieved through the courts, and you can expect a maximum of half the compensation amount (responsibility is divided in half between the participants). So it is better, in addition to the compulsory insurance policy, to also purchase CASCO.

Does the insurance company pay the culprit of the accident under compulsory motor liability insurance?

1. OSAGO covers the driver's liability, not his property. That is why, in standard cases, the culprit cannot receive compensation for damage.
2. But the insurance company pays to the culprit in 2 certain, but rare situations.
3. If you hit your own car with another car of your own, then in this case there will be no compensation.

OSAGO insures the driver's liability. That is why this type of insurance is called “automobile liability”. This means that you are protected by the relevant organization from the risk of compensation for damages if you are at fault in various road incidents called road traffic accidents. That is, the insurance company compensates for the harm you cause to the victim for you. But in certain cases, under compulsory motor liability insurance, the insurance company will also pay the culprit of the accident. In this article we will find out in what cases the violator receives an insurance payment and why it is impossible to receive compensation in ordinary cases.

Why can’t the culprit get paid for his car?

Everything is very simple! The very principle of MTPL insurance is to protect the driver’s liability, not his property. Thus, the object of your insurance is not your car, but your fault for the accident. And the principle of such insurance is a guarantee of compensation for the harm to the victim.

Therefore, it is logical to conclude that if you are the culprit of an accident, then you will not be able to receive payment under compulsory motor liability insurance, because it will be received by another participant in the accident - the victim.

But the legislation of 2019 not only fundamentally provides for the impossibility of paying the perpetrator of an accident, but also directly states that a participant in an incident of this category will not be able to receive compensation for damage. We are talking about subclause “h” of part 2 of article 6 of the Federal Law “On OSAGO”:

2. Insurance risk under compulsory insurance includes the occurrence of civil liability for the obligations specified in paragraph 1 of this article, except for cases of liability arising as a result of :

• .
• h) the driver causes damage to the vehicle he is driving and its trailer, the cargo they transport, the equipment installed on them and other property;

Thus, payment to the culprit of an accident is not due in standard situations, because under compulsory motor liability insurance, his liability to other road users, and not his property, is insured.

In contrast to compulsory motor liability insurance, Casco insurance works - it is the latter type that insures the car owner’s property, his car. Therefore, if damage is caused to one’s own car or things in it, the owner receives compensation.

When can the culprit receive payment?

And yet there are a number of exceptions to this rule. And there are only two of them:

1. when the guilt is recognized as mutual,
2. if there is a traffic violation, but if it did not cause the accident.

Let's consider these 2 cases.

If the guilt is mutual

In this case, compulsory motor liability insurance works for both those responsible for the accident.

Here you need to know an important subtlety of insurance - the traffic police does not establish guilt in accidents. Only the court is authorized to establish it. And therefore the degree of guilt is possible in 2 variations:

• 50/50% both participants are to blame (if there are two participants; if there are more, then equally), if none of them filed a lawsuit to establish the degree of guilt,
• the varying degrees of guilt of all participants in an accident are established by the court if at least one of them filed a claim.

The State Traffic Inspectorate is only authorized to issue protocols, resolutions or rulings - they are the ones who establish the very fact of guilt. If, for example, there were 2 participants in an accident, and both violated (for example, both were moving in reverse and collided while driving due to inattention), then both participants will be guilty.

In the event of mutual fault, both participants in the accident contact their insurance companies under MTPL and receive compensation for damage. But with an important caveat - each participant will receive 50% of the calculated amount of damage. If the court has established a different degree of guilt, then everyone receives a payment in proportion to the fault of the other participant in the accident.

Another example: an accident occurred involving 2 cars, where one car A did not give way to car B, and car B was moving at an excessive speed, which prevented the driver of car A from correctly determining the correctness of his actions.

As a result, orders were issued to both participants. But the driver of car B filed a lawsuit to determine the degree of guilt. The court found that the driver of car A was 80% at fault, and the driver B was 20%.

For the sake of simplicity, the insurance companies calculated the damage to both cars at 10 thousand rubles.

As a result, payments between the perpetrators will be distributed according to the degree of guilt of the person whose liability to the recipient of compensation is insured under compulsory motor liability insurance. That is, as follows:

• the driver of car A will receive 20% of the calculated compensation - only 2000 rubles,
• the payment to the culprit driver of car B will be 80% - 8,000 rubles.

If no one had gone to court, the compensation would have been 5,000 rubles (50%) to each of the culprits.

If there is a violation, but this is not the cause of the accident

Here you also need to understand 2 important subtleties in the practice of road accidents:

• not every violation leads to an accident in a cause-and-effect relationship,
• The fault may lie not only in the accident, but also in the violation itself.

And it turns out that the driver violated and there is guilt in the violation - that means he is the culprit of the violation. But it was not this violation that led to the accident, that is, there is no fault in the incident.

Again with an example. The driver of car A did not give way to the driver of car B, but driver B was driving while intoxicated. In this example, both participants will be issued a warrant: one for failure to give way, the second for drunkenness.

But the blame for the accident will be assigned to the person who did not give way, because drunkenness, in principle, cannot be the root cause of the accident.

Thus, we again get a situation where the insurance company will pay the culprit, but not the culprit for the accident, but for an offense that is not related to the accident as a result of this violation.

Will OSAGO pay if I hit my car with another car?

There is another rather rare situation: you own 2 cars and in one of them you hit your other car. In this case, you are both the culprit and the victim.

And a rather paradoxical situation arises when, logically, you should contact your insurance company for compensation as a result of an accident, where you are also the culprit.

This is logical, but illegal. In this case, the insurance company will simply refuse compensation and on completely legal grounds, because the Federal Law “On Compulsory Motor Liability Insurance” clearly stipulates that you are not the victim in this case, and without victims payment is impossible.

Victim – a person whose life, health or property was harmed when another person .

In this case, the condition that the harm was caused by another person is not met, so the culprit cannot simultaneously be the victim. Consequently, the culprit cannot receive payment under his own MTPL insurance if he hits his car.

Insurance payment to the culprit of the accident

Getting into an accident is always disappointing and unpleasant. But it is doubly offensive to the culprit of the accident, because he will have to restore the car at his own expense. There are situations when the driver at fault for the accident can also count on receiving the insurance amount, but this does not happen often.

Depending on the conditions under which road users are insured, the presence or absence of the possibility of insurance payment for the culprit of the accident will be determined. If a refund is allowed, it may be full or partial. When signing an insurance contract for a driver or car, you should carefully study the attached rules so that they do not become an unpleasant and unexpected surprise when an insured event occurs.

Normative base

The main regulatory documents that guide traffic police inspectors when registering road accidents, as well as insurance workers when registering an insured event and determining the possibility of insurance payment to the culprit of the accident, include:

• Traffic rules are a set of rules describing behavior on the road, the responsibilities of road users, and their actions after an accident.
• The Code of Administrative Offenses of the Russian Federation is a code that formulates the penalties that follow a violation of traffic rules (Chapter 12).
• Federal Law-40 on compulsory motor liability insurance - this legislative act spells out all the subtleties associated with registration of compulsory motor liability insurance, consideration of an insured event and payment.
• Civil Code of the Russian Federation - this code will have to be followed in the case when the insurance company voluntarily refuses to pay compensation, and the citizen sends a statement of claim to a court of general jurisdiction.

When registering an incident, the traffic police inspector must indicate who exactly violated the rules and on what point. Also, on the spot, if necessary, a resolution imposing an administrative fine is issued on the basis of the Code of Administrative Offenses of the Russian Federation. Based on these documents, it is possible to determine who is at fault in an accident and who is the victim.

If the damage to the cars is not too serious, and there is no dispute between the drivers about who violated the rules, the accident is registered according to the “European protocol” principle, i.e. on the spot and without the presence of traffic police inspectors. Documentary evidence of such a traffic accident will be a completed traffic accident notification form, which is signed by both participants.

When is the person at fault for an accident entitled to insurance compensation?

Speaking about the insurance payment to the culprit of the accident, we can distinguish 3 scenarios:

• the guilty driver is not paid anything (under the MTPL policy);
• the participant who is at fault for the accident is awarded partial compensation (under the MTPL policy, most often after a court decision);
• the initiator of the accident is paid the full cost of the damage (if there is a CASCO policy and a number of conditions are met).

The OSAGO Law notifies that in the event of an accident, a monetary payment is due to the participant who is innocent of the incident. That is, if both participants have only standard MTPL policies, then the person responsible for the accident will not receive any financial compensation. In addition, the next time you purchase a policy, an increased bonus-malus coefficient will be applied to such a driver, and insurance will cost more.

For this reason, some drivers prefer not to formally register minor accidents, even using the “Euro protocol”, but try to resolve the issue on the spot. For young drivers with little experience, being guilty of an accident can increase the cost of your next compulsory motor liability insurance policy by 1.5 times.

Does the insurance company pay the person at fault for the accident under compulsory motor liability insurance?

In the most general case, the insurance company does not pay compensation under compulsory motor liability insurance to the driver at fault in an accident, because This is not provided for by the MTPL Law No. 40. The principle of this law is that only those who are innocent in an accident receive monetary compensation or referral for free repairs.

There are road traffic accidents in which other cars are not damaged, but various elements of the road are damaged or destroyed, for example:

In this situation, the culprit, even if he has a valid MTPL policy, is also not awarded insurance payments. But there are also advantages - within the limits of the insured amount (400 thousand rubles), compensation will be paid to the owner of the property, usually to the municipal economy, by the insurance company. If the damage exceeds 400 thousand, then the person responsible for the accident will have to pay the difference between the actual costs of reconstruction and the maximum amount of compensation out of his own pocket.

But what if the drivers are both at fault? Insurers often refer to paragraph 22 of Article 12 of the Law on Compulsory Motor Liability Insurance, which states that in this case, the share of fault of each driver is established by the court, and based on this, insurers assign amounts for insurance payment to both culprits of the accident. In practice, it often happens that insurance companies evade payments until the last moment if the traffic accident occurred due to violation of the rules by both drivers. Then compensation will have to be collected in court.

Insurance payment to the culprit of an accident under CASCO?

If the driver has a CASCO insurance policy, then the degree of his guilt in the traffic accident is not so important. The insurance payment to the culprit of the accident will be assigned in any case, in accordance with the terms of the signed insurance contract. Each insurance company has its own list of conditions that must be met when submitting information about an incident.

Often, a driver tries to save on the cost of insurance by choosing a cheaper CASCO option, and without reading the full rules for providing the service. Insurers, in turn, reduce the cost of the policy by introducing a deductible. This means that when an insured event occurs, the victim (even if he is also the culprit) will not be paid the entire amount of damage, but minus a certain part. According to the contract, this part can be calculated either in a fixed monetary amount or in the form of a proportion relative to the total damage.

It is worth noting that the presence of CASCO insurance does not cancel the driver’s obligation to insure his liability under MTPL, because these two types of insurance do not overlap. CASCO insures the car itself against damage, theft, destruction, and OSAGO insures the driver’s liability for damage to third parties and their property.

When does the insurance company not pay compensation to the person responsible for the accident?

The list of conditions under which the insurance company does not transfer the insurance payment to the person at fault in an accident is clearly defined. These include:

• state of drug or alcohol intoxication;
• driving a vehicle without a driver's license or the appropriate category;
• driving a vehicle without the owner's consent (theft);
• intentional infliction of harm (hit-and-run, collision);
• escape from the scene of an accident.

In these situations, even if you have CASCO insurance, you will not have to count on monetary compensation or paid repairs. If the driver’s liability was insured only under a compulsory MTPL liability insurance policy, then the recourse rule will apply.

According to Article 14 of the Federal Law on Compulsory Motor Liability Insurance, the insurer has the right to demand from the culprit of the accident the entire amount of damage paid by way of recourse. In practice, this means that the injured person will be paid the full amount (within the established limits). After this, the legal department of the insurance company will draw up a claim to the guilty participant in the traffic accident, in which it will demand that the specified amount be voluntarily paid to the account of the insurance company. If the culprit refuses to transfer the money, the company reserves the right to file a claim in court.

Despite the fact that recourse is a right and not an obligation, any insurance company tries to resort to this right as often as possible. If the accident occurred for the reasons stated above, the at-fault party should immediately prepare for the fact that he will have to pay the entire amount of damage in the accident, and any insurance policy will not help here.

Unfortunately, more and more often there are situations when, when registering a traffic accident, the compulsory motor liability insurance policy of the at-fault participant turns out to be invalid, or his liability is not insured in principle. The administrative fine for such an oversight is small (800 rubles, according to Article 12.37 of the Code of Administrative Offenses of the Russian Federation), but in this case the innocent driver faces a big problem of how to compensate for the damage caused to him. Federal Law-40 “On Compulsory Motor Liability Insurance” does not regulate such a situation, i.e. here you should be guided by the Civil Code of the Russian Federation and contact the culprit directly, and then go to court.

If, in the event of an accident, harm was caused to the health of the victim, and the person causing the harm does not have a compulsory motor liability insurance policy, or fled and was not found, then in this situation the law is on the side of the victims. They can receive a compensation payment from the RSA by submitting the appropriate set of documents.

Conclusion

Thus, there is no clear answer to the question of whether the person responsible for the accident is entitled to a monetary payment. It all depends on the conditions of the accident, on the availability of MTPL and CASCO policies, and on the absence of aggravating circumstances. The guilty party has the best chance of receiving payment if his car is insured under CASCO. However, there are some nuances here that can reduce or even eliminate the amount of compensation.

Are the culprits of the accident entitled to payments under compulsory motor liability insurance?

Are payments due to the culprit of an accident under compulsory motor liability insurance? Since no one is insured against a traffic accident, and even the most experienced driver can become the culprit of an accident, this issue is relevant for many. Let's try to find the answer to it.

Payments under compulsory motor liability insurance in case of an accident

The contract and the law provide for a certain list of grounds that fall under the category of “insured event”. Such cases under compulsory motor liability insurance include road traffic accidents that resulted in damage to life and health, as well as property of the innocent party. Thus, the introduction of compulsory motor third party liability insurance is intended, first of all, to protect the rights of persons who have become victims of accidents, securing their unconditional right to receive compensation for harm in the form of payment. But payments to the culprit of an accident under compulsory motor liability insurance are not directly provided.

As can be seen from the above, receiving payments is provided for the innocent party. In accordance with the law, the person responsible for the accident does not receive compensation and bears all costs of eliminating the consequences in full independently.

Cases when payments are not made according to the law

Such cases include:

1. When the driver was a person not specified in the insurance policy (unless the insurance was issued for an unlimited number of persons).
2. When damage to property or damage to life and health was caused by dangerous uninsured cargo or damage to the environment was caused.
3. Compensation for moral damage, as well as lost profits.
4. Causing damage in connection with the implementation of experimental, sports or educational activities, provided that they are on a site specially equipped for these purposes, as well as when damage is caused during the employee’s work activity or in the event of an accident that occurs during loading and unloading operations or moving around territory of the organization.
5. The amount of payment in excess of the established limit of payments under compulsory motor liability insurance.

In addition to cases where payments are not made at all, it is also possible to identify situations where the insurance company will pay compensation, but will have the right of recourse from the insurer. That is, payments to the victims will be made by the insurance company, but the policyholder can go to court and demand from the client the entire amount paid by him. This is possible in the following cases:

1. If the insurer was intoxicated during the traffic accident, including alcohol, toxic or narcotic.
2. If the insured person intentionally caused damage to the property of third parties or their life and health.
3. If the driver at the time of the actions that resulted in the traffic accident did not have the right to drive a car.
4. If the driver, after committing a traffic accident, fled the scene of the accident.
5. The insured event occurred at a time when the car was being driven during a period that was not provided for in the compulsory insurance contract.

What is DSAGO?

It's no secret that compulsory motor liability insurance today has a clear limit on the maximum payment. If the damage caused exceeds this limit, the remaining amount is recovered in court from the culprit of the traffic accident.

In order to protect yourself from such a situation, you can enter into an additional insurance contract, which is called DSAGO - voluntary motor third party liability insurance.

The cost of such an agreement is very low - approximately 1000 rubles, and the agreement extends to amounts exceeding the payment limit under compulsory motor liability insurance and, as a rule, allows them to be fully covered. The amount of covered damage can be determined even by 1 million rubles.

Thus, DSAGO can be a wonderful addition to basic insurance for those who are not yet entirely confident in their driving skills or are quite cautious and do not want to risk possible property losses.

Is it possible to receive payment to the culprit?

When answering this question, you need to take into account the specifics of each specific situation, as well as the opinions of judges on this issue.

Firstly, you can receive payment under compulsory motor liability insurance if in an accident you are not only the culprit, but also the victim. This situation can happen, for example, if several cars were involved in a traffic accident, and despite the violation of traffic rules by you (in your address), these rules were also violated by another person. In such a situation, your insurance company will pay for the damage you caused to property or the life and health of the victim, on the other hand, you will be owed a payment from the insurance company.

Although, if the policyholder decides to fight for his money (as this usually happens), then the question of whether payments are due to you or not will be decided in court. And here everything will depend on the judge’s interpretation of the current law on compulsory motor liability insurance. If the court divides the traffic accident into 2 administrative offenses, then the culprit-victim will receive the amount due to him, but only that which compensates for the harm caused to him by the unlawful actions of another person. There will be no payments for the accident for which he is at fault.

On the other hand, if the court deems it appropriate to consider the traffic accident in its entirety, that is, not to separate the offenses, but simply to determine the guilt or innocence of the parties, then the person at fault “in part of the accident” has no right to receive compensation due to the fact that he himself has been proven the fact that he is guilty. This conclusion can be made on the basis of the law on compulsory motor liability insurance, which establishes the need to make payments only in favor of victims.

Compensation to the culprit for the amount already paid in favor of the victim is also a very controversial issue. There are a number of precedents in judicial practice when the culprit of an accident independently compensated the victim for harm, and then, with a full set of documents, applied to his insurance company for compensation for the costs incurred. In this case, the culprit presented the following documents: a road accident diagram (drawn up by the participants in the accident), a certificate of a road accident from the traffic police, the results of an independent examination with an assessment of the damage caused and other evidence that the accident occurred and real damage was caused.

Due to the fact that the law on compulsory motor liability insurance does not provide for the possibility of compensation for the costs of compensation for damage caused, such disputes are usually rejected. Voluntary payments by the culprit are his personal initiative, which has nothing to do with the failure of the insured to fulfill his obligations.

Based on all of the above, only one conclusion can be drawn: the legislator does not provide for the possibility of the person at fault receiving compensation payments. The victim will be compensated for the damage caused, but only within the limit established by law. If the cost of the damage caused is higher, then the difference will be recovered in court (if the parties do not agree on a peaceful settlement of the dispute) from the culprit of the traffic accident. To protect yourself from unnecessary expenses for damage compensation, you can enter into a voluntary motor third party liability insurance agreement, which will allow you to compensate for the full cost of lost property. If you want to receive funds to restore your car, then it is wiser to spend money on purchasing CASCO insurance, which guarantees compensation for losses, regardless of whose fault they occurred.

Is compulsory motor liability insurance paid to the person at fault for an accident?

Nowadays there are few facts when a driver risks driving out onto the road without having an MTPL insurance document. The conclusion of the contract guarantees its owner the fulfillment of all points specified in it. Including mandatory clauses on civil liability for the occurrence of an accident to the victims. By law, a liability insurance policy must protect those involved in an accident who are not at fault for the accident. Therefore, compensation for payments to the guilty person is not due. This motivates all car owners to strictly follow traffic rules and behave carefully on the road.

Payments under compulsory motor liability insurance for the victim

The driver has many questions about the possibility of paying him money if he is the culprit of the accident and how these payments are made, if such a possibility exists. Let's figure out what circumstances are insured and subject to compensation on the basis of an insurance document.

The grounds for recognizing an event as insured are:

• Road accident with deterioration of health and harm to the vital interests of the victim;
• causing damage to the property of the victim.

If everything is documented, the victim sends the documents to the insurance company, which issued the insurance document to the perpetrator of the incident.

The victim under the MTPL agreement has the unconditional right to withdraw insurance coverage under the following circumstances:

1. There is property damage.
2. There is damage to health.
3. There are people killed in the collision.

The contract specifies the responsibility of the guilty party to those injured in the collision. It is insured by the MTPL contract. Each clause of the contract describes all situations that may occur, and what the Investigative Committee guarantees if a person is found guilty.

The contract must indicate the maximum amount that can be expected for compensation for damage. Also, the guilty party must pay the victim the amount of damage in excess of the maximum insurance amount specified in the MTPL agreement.

Cases when payments are not made according to the law for the victim

Let's look at the situation: according to the law, the insurance company can reject a request to pay you if:

• You were drunk at the time of the accident;
• You did not have a license at the time of the accident;
• Your driver's license has been revoked;
• You deliberately caused an accident. There can be many reasons: they wanted to punish another participant in the accident, to obtain insurance for damage to the car, for hooligan reasons, etc. The main thing is that all actions were carried out deliberately;
• fled from the scene of the collision before the arrival of traffic police officers;
• entrusted the steering wheel to another person whose name is not on the insurance document. This does not apply to moments when the insurance specifies an unlimited number of persons;
• the accident occurred outside of Russia.
• if uninsured cargo belonging to the perpetrator of the incident caused damage to the property, life and health of the injured party.
• if uninsured cargo belonging to the guilty party caused environmental damage;
• if the cause of the damage is racing sporting events, professional activities in training to drive a car, the car was used as a taxi;
• The car owner used a faulty car.

These rules are established by law and are reflected in your contract.

Is it possible to receive payment to the culprit?

If I am the culprit of an accident, will my insurance pay me? Even a car enthusiast with a very long driving experience cannot prevent himself from a traffic accident. No one can protect themselves, for example, from the consequences of ice, the reaction to a cat running across the road, the bright high beams of an oncoming car, etc. That is why the topic is currently the most relevant in obtaining insurance payment to the guilty party.

To answer this question more correctly, you need to clearly know this situation. If you are not only the culprit of the accident, but also suffered from this incident, then you are entitled to the compensation agreed upon by compulsory motor liability insurance. Typically, this picture develops when more than two cars are involved in an accident. You violated traffic rules together with at least one other culprit, then your insurance company will pay the victims of an accident in which you are the guilty party, and the insurance company of another violator will pay you a sum of money for the harm caused.

The MTPL policy provides insurance for liability for damage to a vehicle to the injured party, as well as other vital interests of the injured party. But still, the guilty person also has the right to receive payment. On the road, during modern heavy traffic, the line between these two sides is very arbitrary. It is quite difficult to identify the culprit if damage is caused to all the cars involved in the collision. Often both drivers are found to be at fault. Then there is a high probability of payment under compulsory motor liability insurance by both parties.

Does insurance pay to the person at fault for an accident? Payment to the culprit is due, but only if innocence is proven. During a collision investigation, vigorously participate in explanations, explain in detail what happened, and be as specific as possible about how the collision occurred. Check the correctness of the incident diagram.

If you are the culprit, present your guilt as mildly as possible. Mitigating circumstances may include a traffic light that did not work, ice, lack of visibility of markings, fog, etc. Be sure to draw the inspector’s attention to the unintentionality of your actions. Only under such circumstances can you be found innocent. Only if your innocence is proven, the insurer will be obliged to pay you compensation.

If the traffic police inspectors were unable to identify who was at fault for the incident at the scene of the collision, then the insurance company will not pay anyone. According to the MTPL law, the person at fault in the collision must be identified. Guilt is then determined by the court. Usually it is recognized as mutual, determined as a percentage, and payments are also made in this ratio.

At the same time, during the trial you need to decide on the position:

1. Demand that you be recognized as a victim.
2. Give arguments about the absence of your guilt in the accident, the absence of intent.

The second position is possible provided that the real responsibility lies with the pedestrians who crossed the road in the wrong place, and thereby created an emergency situation, with the public utility service, which does not monitor the road during icy conditions and open road hatches. If it is proven that you are not guilty under such circumstances, compensation will be awarded to you by the court as a victim.

The possibility of accepting payment under compulsory motor liability insurance for the person at fault in the collision is the admission of guilt by both drivers if the court proves that damage to property or health was caused by incorrect actions while driving by both drivers.

Also, recognition of such driver’s actions as unintentional is grounds for payment of damages received in a collision. Proving intent is almost impossible. If you prove that you were not at fault for the traffic accident, then you can receive payment from the insurance.

Payments under compulsory motor liability insurance in case of an accident if I am the culprit? The insurer definitely handles every complex insurance case with large compensation payments. Insurers are striving to reduce insurance payments. But, nevertheless, it is worth fighting for in court. The judge himself will make a decision based on the norms of the law on compulsory motor liability insurance.

If the court accepts an accident with several cars for several accidents, in which you, along with another participant, are the guilty party, but you yourself suffered from the actions of other traffic violations, then your insurance company transfers money to pay for the damage caused to the victims of the accident according to your guilt. And the insurance company of another guilty party will compensate for your losses, since you also suffered.

But, if the court considers a major accident to be one in which you are a violator and found guilty, you will not be paid anything.

Therefore, you need to see how many parties were present in the accident, find out who exactly was responsible for the situation.

There will be several options here:

• Only one driver created the emergency, and he is also at fault. The other followed all traffic rules and was the victim of that driver's carelessness;
• two or more than two drivers are to blame for creating an emergency situation. They and their cars are also affected by the accident;
• Only one car was involved in the accident, and it was the driver who created the emergency.

According to the law, in the first case, compensation is due only to those injured in the accident. Payments will be made by the insurance company of the guilty party. When analyzing the second case, it is clear that payments should be made to all victims of this accident, despite the fact that they are also the guilty party. Such cases are usually not resolved amicably, but remain at the discretion of the court.

Most often, insurers, referring to the law on compulsory motor liability insurance, deny both the perpetrators and the victims in one person. The law says that the guilty person is not entitled to payment if he is also considered a victim. Ideally, the insurance company compensates based on establishing the guilt of all participants in the collision, and allocates 50% to each.

If insurers refuse to pay for the damage that has arisen due to the mutual fault of the driver, who is also the victim, go to court, and choose a clear course of action:

1. To ensure that the court considers the accident as two different incidents, so that in each they see the culprit and the victim.
2. Demand that the person responsible for the accident also be recognized as the victim.
3. Prove that you are not guilty of what happened.

If a court decides in your favor, compensation will be paid not as the perpetrator, but as the victim.

Payments to the culprit of the accident under compulsory motor liability insurance are made. But only under certain conditions. Based on the above, we can say that there are still options when the at-fault person can receive payment for damage received in a collision. But at the same time, you must be both the guilty party and the victim in a collision involving several cars, and prove that the accident occurred due to circumstances beyond your control. This option is for the clever and cunning, but it can help you.

Convince the court that the situation that occurred was caused by the road sign, which was missing on this section of the road, and by the housing and communal services, because they did not clean the road and did not repair the pothole. Removing yourself from blame is a great opportunity to receive payment from insurance. Much depends on the ability of the perpetrator to defend his position.

For insurance documents issued starting from 2017, payment in the form of service station services is possible, under an agreement concluded between them and the insurance company. Upon receipt of instructions for repairs at a service station, the client is asked to formally confirm his agreement with a possible increase in the timing of his obligations to the insured. If he does not recognize the allocated amount for compensation as correct, you can challenge it through the court. All disagreements must first be tried to be resolved peacefully and only, if this is impossible, a lawsuit should be filed.

On a note

If it cannot be proven that you were not at fault in an accident, for the benefit of the case you need to make every effort to ensure that the insurance company makes payments to the victim in full. Otherwise, the costs of paying compensation will fall on you.

It is impossible to do without signing the protocol, even if you accept everything written as correct. An unsigned document is considered invalid and the victim will not receive compensation from the insurance company. Compensation for the harm caused to him will fall entirely on your shoulders. If you think the information in the protocol is incorrect, write what exactly you disagree with and be sure to sign the protocol.

Refusal to test for the presence of alcohol in the blood also automatically makes you the culprit of the incident. It will not be possible to hide the fact of intoxication if you refuse to be examined. This will definitely be accepted as evidence of guilt. In order to officially document your lack of alcohol consumption, you need to get a certificate from a medical institution about the results of the tests. Just using a straw is not enough. According to the law, the inspector or the victim cannot declare you the culprit. This happens only in court. The court will decide who will receive the mandatory payments.

If you have little experience driving a car, in order to prevent such an unpleasant incident from happening to you, it is better to take out DSAGO - voluntary motor third-party liability insurance. The attractiveness of this agreement lies in its low cost compared to its capabilities. The estimated cost is 1000 rubles, the action is aimed at amounts that exceed the payment limit for compulsory motor liability insurance. This amount can reach up to one million rubles. As you can see, DSAGO is a wonderful help for the culprit of an accident in compensating the damage caused to the victim.