What to do if the person at fault for an accident is not insured

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

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Beginners behind the wheel, just like experienced drivers, can find themselves in a variety of situations on the roads. In most cases, they do not bring anything pleasant.

In order to be prepared and not get confused in an emergency situation, it is important for any car owner to know not only the rules of the road, but also the rules of behavior after an accident.

The MTPL insurance policy is a lifesaver that will help reduce the losses of the owner of a car damaged in an accident. But what to do and how to behave if the person at fault for the accident does not have such insurance?

First of all, you should calm down and pay more attention to the procedure for registering the incident. Any little thing that is not indicated on time in the documents may cause you to have to solve your financial problems on your own.

Today, you can often hear that car owners are in no hurry to obtain a vehicle license. This is due to the constant increase in its cost. Refusal of insurance is not a way out of the situation, because in the event of an accident, not only the car, but also the person can suffer.

What to do if the culprit of an accident is without insurance

Damage caused to a victim in an accident can be compensated in several ways.

What to do in a situation where the culprit has not taken out insurance? For the victim, the news that the culprit does not have a policy will be quite unpleasant, especially if his opponent does not admit his guilt.

It is in situations like these that you realize how important insurance is. OSAGO is an expensive, but very useful type of compulsory insurance.

But in this situation there is no insurance. What to do?

You have two ways to solve the problem:

• Amicably reach an agreement with the person responsible for the accident;
• Go to court.

While traffic police or police inspectors are working at the scene of an accident, an examination of the damaged vehicle is not carried out. It needs to be organized later in order to assess the damage from the accident and decide how to obtain compensation from the person responsible for the incident.

Note! Even if you know the laws well, it is safer in your situation to turn to specialists who have experience in recovering damages from the culprit if he does not have compulsory motor liability insurance.

If we talk about a settlement agreement, it can be quite difficult to draw it up, especially if the culprit of the accident is not going to admit his guilt.

Litigation in court is also not a very easy way to solve the problem. In this case, you have to take care of collecting the necessary documentation and prepare for a rather lengthy trial.

Let's take a closer look at both methods of recovering damages.

Conclusion of a settlement agreement

So, as a result of the investigation after the accident, you find out that the culprit does not have insurance. The first thing that comes to mind in this difficult situation is to resolve the issue amicably.

The culprit pays for the repairs and that’s it, and if the car is not damaged, then solving the problem is even easier.

It is not worthwhile to negotiate directly on the amount of compensation immediately at the scene of the accident.

It's better to discuss this later, with calm nerves. Of course, it is unlikely that you will be able to receive full compensation for damage, no matter how much you ask for, repairmen, as usual, will find more problems than you thought at first glance.

Therefore, the amount you will pay to restore your car will most likely be higher than your compensation.

To be more precise about the amount of damage, conduct an independent examination.

Present the vehicle inspection report, indicating the amount of damage, to the person responsible for the accident. If there is no compulsory motor liability insurance, this amount must be demanded from your opponent.

You cannot write off the fact that the culprit simply does not want to give you such funds.

If you don't know how to persuade him, contact a lawyer. An experienced lawyer has many legal methods of influencing an irresponsible driver.

How to compensate for damages from the culprit of an accident under compulsory motor liability insurance?

Whether the insurance company can demand money from the person at fault for an accident, read here.

But if you still fail, file a statement of claim in court.

Solving the problem of paying damages in court

Even if you did everything correctly, namely, conducted an independent examination, received an act indicating the exact amount of damage and tried to resolve the issue with the culprit yourself, failure could not be avoided.

In general, it is quite difficult to resolve problems that arise after an accident with the culprit who does not have insurance, especially if this driver completely denies his guilt.

Even if the help of lawyers does not work, it is worth preparing documents and a statement of claim to submit them to the court. In this case, you will have the hope that you will not have to pay for the repair of a car damaged in an accident yourself, out of your own pocket.

When responsibility is assigned to the culprit of an accident

Financial compensation from the culprit of the accident is paid to the victims if, as a result of the accident, damage was caused to the life and health of another driver, passengers, and the car was also damaged.

But if the culprit does not have insurance, it will be quite difficult to obtain financial compensation.

In a normal situation, when the driver has taken out compulsory insurance in a timely manner, the insurance company pays an amount that is equal to the amount of damage from the accident. Although quite often this amount is deliberately underestimated.

Let's look at situations when it becomes necessary to demand compensation for damage directly from the culprit of the accident:

• Insurance taken out by the person responsible for the accident cannot fully cover the victim’s expenses for repairs. As you know, insurers can pay the maximum amount – 400 thousand rubles. But often this amount is not enough to restore a damaged car. What can we say about those situations where serious damage to the victim’s health was caused or he died. The maximum payment in this situation will be 500 thousand rubles. Payment of moral damage is not at all the responsibility of insurers.

• Payment of damage lies entirely with the culprit of the accident, since he has no insurance at all.

• The insurance company unreasonably refuses to compensate for damage received as a result of an accident.

• An accident that occurs on the road is not covered by insurance . For example, a car was damaged while it was parked.

Important! There are quite a lot of difficulties when trying to get compensation for damages. But you should be patient, otherwise you will be left alone with your problem.

Recovery of moral damages in case of an accident

Moral damages can also be recovered from the person responsible for the accident.

But in order for everything to be within the law, it is necessary to adhere to certain rules. In this situation, serious justification will be required for the fact that as a result of the traffic accident the victim suffered physical and mental suffering.

These include, for example, the fact that for some time the victim could not do his usual activities, go to work, etc. All facts presented must have documentary evidence.

In some cases, you will not need to prove your opponent’s guilt, since he has already been brought to administrative or criminal liability.

Do not overestimate the amount of moral compensation. Moreover, during the trial this amount may be revised by the court.

By the way, if you make a claim for compensation for moral damage, you will have to pay a state fee. At the moment it is equal to 300 rubles.

The court considers issues of payment of material and moral damage simultaneously, although both amounts are entered into the claim separately. The same entry will be in the writ of execution.

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

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

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

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

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

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

Algorithm of actions to recover damages

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

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

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

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

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

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

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

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

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

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

Copies must be attached to the letter:

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

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

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

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

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

The culprit of an accident without insurance - what should the victim do in 2019?

Sad statistics: approximately half of car owners do not consider it necessary to take out an insurance policy.

And this is despite the fact that the law prohibits driving vehicles without compulsory motor liability insurance.

Breaking the law seems profitable to motorists: the fine is often less than the cost of insurance. But what should the victim do if the person at fault for the accident has no insurance and refuses to pay? Who will compensate for the damage?

How the insurance policy works

If the owner of a car with a registered compulsory motor liability insurance becomes the culprit of an accident, the policy covers payments to the injured party. If the culprit of an accident does not have insurance, there is no one to compensate for his losses. What to do?

However, according to the law (Federal Law No. 337; Part 1 of Article 1064 of the Civil Code of the Russian Federation), the culprit of the accident is still obliged to take responsibility. You need to pay for repairs to the victim’s car, a fine for lack of insurance in the amount of 800 rubles, and compensate for moral damages to the victim of the accident.

In other words, compulsory motor liability insurance can significantly simplify the life of the culprit of an accident on the road. With the policy, you can count on the help of the insurance company and save yourself from long legal delays, fines and waste.

Action plan in case of an accident when the culprit is not insured

In a situation where you get into an accident due to the fault of a driver without compulsory motor insurance, you can:

• try to resolve the issue immediately, without protracted litigation;
• file a pre-trial claim if the violator agrees to compensate for losses of his own free will;
• file a lawsuit and force it to cover the victim’s losses.

It is most logical to start with the first method and go to the latter if the steps taken do not have any effect on the person responsible for the accident. Let's look at each stage of the process that will help a car accident victim receive his compensation.

Proceedings at the scene of the accident

Of course, neither side is interested in dealing with paperwork for the next couple of weeks. The most convenient option for everyone is to use your communication skills and come to an agreement.

An injured car owner can often estimate by eye how much it will cost to repair it. Ideally, the person at fault for the accident agrees to compensate for the damage immediately. Moreover, this is beneficial for him too - he will not have to pay a fine for lack of compulsory motor liability insurance or waste time at the traffic police.

Of course, not every driver carries large amounts of cash with him in case of an accident. The violator can be released on a signature. It must indicate the full names of the participants in the accident, their places of residence, and information about the vehicles. It is necessary to provide evidence of the guilt of one of the drivers, describe the losses, indicate the amount of compensation and the period for its payment.

It is better to write the receipt by hand, preferably by the hand of the person responsible for the incident. Signatures on the document must be left by both parties. You will not need any lawyers to draw it up.

The second option for quickly solving the problem includes a trip to the traffic police. First, you need to determine whether physical damage was caused to the driver and passengers.

If everything except the car is safe and sound, the victim’s algorithm of actions is as follows:

1. Capture the accident on a video camera or camera.
2. Issue a notice.
3. Record the fact of the accident at the nearest traffic police station.

Pre-trial claim to the culprit of an accident without insurance

When the culprit of an accident without insurance protests against payment of compensation, it is necessary to call a traffic police officer.

Make sure that he records all the information about the culprit of the accident:

• his name;
• registration;
• Contact details;
• lack of an issued policy.

Next, the victim needs to file a legal claim.

Documents that will be needed for this:

Examination report. An independent assessment of the damage will cost you about 5,000 rubles, but without it you will not achieve anything. The examination must be carried out with the participation of the person at fault for the accident without insurance.

If the car cannot be repaired after an accident, a vehicle disposal report is required. Its cost is approximately the same as an independent expert report.

Actually a pre-trial claim. It is better when it is compiled by professional lawyers for a fee, but it is not difficult to write it yourself.

A sample pre-trial claim to the person at fault for an accident without insurance can be downloaded by clicking on the picture.

The pre-trial claim indicates: the location of the incident, the direction of movement of the car, all the nuances of the accident. Be sure to use quotes from current legislation to support your demands on your opponent. At the end - the amount of payments.

The injured party has the right to include in the total amount of compensation money spent on examinations, legal services, as well as their own time and nerves. Along with the claim, copies of all papers involved in the process and checks confirming the money spent are submitted. Including, this is an examination report, letters to your opponent, a resolution on an administrative violation, your papers on the car.

Most violators agree to compensate the victim for damage at this stage. After all, if the case goes to court, the violator also has to pay the costs of the litigation process.

Claim to the culprit of an accident without insurance sample writing

If the person at fault for an accident without insurance refuses to pay you compensation after a pre-trial claim, you need to go to court. To do this, you will need all previously prepared documents (originals) and one new one - a statement of claim. A professional lawyer will help you draft a claim correctly (of course, not for free).

You can prepare a claim yourself, based on Art. 131 Code of Civil Procedure of the Russian Federation. You must include all the information previously provided in the pre-trial complaint and add a description of your attempt to resolve the situation before going to court.

And to make it easier to prepare a claim, I am posting a real statement of claim for an accident, the culprit without insurance, a writing sample, you can download it by clicking on the picture.

Remember that you have the right to demand payment not only for physical damages, but also for moral damages.

The deadline for going to court is three years after the accident.

Most often, such cases are dealt with by the court of the district in which the culprit of the accident is registered. But it may be different, depending on the amount of the claim. If it is within 50,000 rubles, the case will fall on the shoulders of the magistrate judge, if it is more - the district judge.

In addition to the already completed papers, you must provide the court with:

• documents about pre-trial proceedings;
• receipt of payment of state duty;
• a copy of the claim for the violator.

If you use the help of a lawyer, you also need to issue a power of attorney in his name.

Duration and nuances of the trial

On average, a trial against the culprit of an accident without insurance takes about 2 months. But your opponent may not come to the meeting, and then the matter risks dragging on.

In this case, it makes sense to file a motion in court to seize the culprit’s car.

As judicial practice shows, the person at fault for an accident will be required to pay compensation, regardless of whether he is employed.

If he does not want to pay voluntarily on the basis of a court decision, then take a writ of execution and go to the bailiffs.

Basically, such culprits immediately after calling the bailiff pay the amount of the claim, since in case of refusal the car is immediately seized.

Well, even if a “smart” culprit is caught and re-registers his property, the writ of execution will be sent to him at work and about half of his monthly income will be withheld in favor of the victim. If during the incident damage was caused not only to the car, but also to people, the amount of payments increases to 70%.

Expired and fake MTPL insurance policies

It also happens that the owner of a car has a policy, but it is invalid - it is fake or has expired. For a fake OSAGO document, the law provides for the deprivation of a driver’s license and a rather large fine, as well as administrative or criminal liability.

The victim of an accident will have to go through all the steps described above, from the investigation on the spot to the trial. However, in order to begin litigation with the violator, an examination of the fake policy will be required. To carry out this procedure, the violator himself must fill out an application to the union of auto insurers and submit all the necessary papers.

Often, a fake policy is one number to which several vehicles are registered (double policy). In this case, the victim will be able to receive compensation from the company. If the insurance of the culprit of the accident is expired, then from the point of view of the law he does not have a compulsory motor liability insurance policy. All actions of the victim and the responsibility of the culprit of the accident are the same as in the case of the absence of this document.

How to deal with the reluctance of the culprit to compensate for damage

The trial has come to an end, the decision has been made in your favor. You expect the person at fault to compensate for damages according to the letter of the law, but what if he is in no hurry to do so?

After the court decision, each of the parties to the dispute receives a ruling. Papers are usually delivered within 10 days. If from this moment there are no positive changes in the behavior of the culprit, the victim can turn to the bailiff. The bailiff service monitors the execution of court orders and influences the violator using proven methods.

Thus, the bailiff can prohibit the offender from using his vehicle, seize property in the possession of the debtor, and so on. At the same time, the injured party should contact the bailiff more often and ask how things are going. This will stimulate service workers to engage in your business more actively and diligently. Enforcement proceedings will continue until the offender’s debt is fully repaid.

If you are unlucky enough to become involved in an accident on the road, the culprit of which does not have a compulsory motor liability insurance policy, it is expired or counterfeit, try to avoid long litigation. People are intelligent creatures and can find a common language in any situation. And legal proceedings can take away several years of your life, and may not be successful.

If you decide to file a claim, fill out all the paperwork very carefully. Your success in this situation depends precisely on the correct preparation of documents.

Perhaps turning to professional lawyers is the best choice for a victim of an accident. We will be glad if the step-by-step action algorithms from this article help you.

Road accident without compulsory motor liability insurance: who will bear responsibility?

The person at fault for the accident does not have insurance; who will compensate for the damage?

Every car enthusiast prefers not to spend his money on compulsory motor insurance while driving on the roads. The reasons are few. Car insurance is rising in price, which is taking a toll on your pocket.

In addition, traffic police fines for lack of insurance do not exceed 800 rubles. If the person at fault for the accident does not have insurance, who will compensate for the damage in 2019? What to do if the person at fault for the accident is not insured under compulsory motor liability insurance.

The person at fault for the accident does not have insurance, what needs to be done. The instigator, who did not take care of purchasing a motor third party liability insurance policy, may try to escape. How quickly you resolve the situation depends on your actions. You need to act thoughtfully and consistently. Whatever the level of damage to the car, the culprit is obliged to pay for everything.

What to do if the person at fault for an accident is not insured under compulsory motor liability insurance?

If the culprit does not have insurance, who will pay for the damage? When it is discovered that the opponent is not insured, but he agrees to compensate for the damage on the spot, the participants in the accident can independently calculate the amount of damage, adding to it the amount for moral damage caused. The conflict can be considered resolved without unnecessary hassle.

If, in the absence of insurance, the guilty person tries to hide, the relevant authorities should be called and a resolution to the conflict should begin.

What to do if the person at fault for an accident has a fake MTPL policy or it is expired

Whenever possible, you need to photograph the details of the damage caused to your car. You should make sure that the traffic police inspector recorded the nuances of the accident and noted that the person at fault is not insured under compulsory motor liability insurance. When the driver at fault for the accident violated the rules or was drunk, he will not be allowed to pick up the car from the impound lot until the conflict is resolved.

It is advisable that the victim's insurance company records this incident; you should call your insurer. If the car owner does not have compulsory motor insurance, you need to count on compensation for losses from him personally. The insurance company will not participate; the victim will recover everything through the court. What to do if the person at fault for the accident has a fake MTPL policy or it is expired.

The victim must clearly know where to go if the person at fault for the accident does not have a compulsory motor liability insurance policy. It is necessary to check the traffic police to record the nuances of the accident, and the fact that the offender does not have a mandatory insurance policy, or that it is expired, or that the culprit illegally has a fake OSAGO policy.

In this case, you need to write down contact information, namely last name, first name, patronymic, mobile, home numbers, registration and residence addresses. And only after completing the protocol and receiving copies can you leave the place.

It happens that unscrupulous insurance agents make fake insurances that differ from the originals only by their absence in the RSA database. Insurance will be considered invalid only if there is an allegation of theft on the policy form. If there is none, then the victim, through the judicial authorities, demands compensation for losses from the insurance company. It is appropriate to examine the MTPL insurance policy through a database.

There is no OSAGO but there is Casco

If there is no compulsory motor liability insurance, but there is a comprehensive insurance policy, then you need to know that this type of insurance will not solve the problems of the injured party. Casco insures the policy owner's car, but not liability.

If the person at fault for the accident does not have compulsory motor liability insurance, if you have a comprehensive insurance policy, no one has canceled the first policy. What to do if the person at fault for the accident does not have a car insurance policy? In the event of a car accident, we will look into the details.

How to recover money from the culprit of an accident

The main task of the victim is to fully compensate himself for the losses with the help of the other driver. When the defendant is not insured, compensation for damage is still his concern. There are several ways to compensate for damage if there is no insurance.

Pre-trial proceedings

When the driver does not want to pay for damages immediately at the scene of the accident, it is necessary to try to recover damages from the culprit of the accident without compulsory motor liability insurance. Recovery of damages from the culprit of an accident without auto insurance occurs at the stage of initial debriefing.

After registering an accident, all the data has been entered into the protocol, all the papers have been issued and you have taken the contacts of the offender, then you should immediately begin searching for structures that will provide an independent examination and provide a report.
If the vehicle cannot be repaired, a scrappage report should also be completed.

They are issued in the presence of both drivers. Next, we file a pre-trial claim. Here you enter data about the route on the day of the accident, the location and circumstances, and the total amount of damage caused, which includes all associated expenses.

Very often, already at this stage, a decision is made to pay everything to the victim, because the claim describes the responsibility of the culprit. Does insurance pay if the person at fault for the accident escapes?

The victim is paid by the insurance, but the insurance company can subsequently file a lawsuit against the at-fault party to recover this amount. Should the driver know whether compulsory motor liability insurance is paid if the person at fault for the accident does not have it? The unfortunate driver covers all expenses himself.

Collection of funds through court

If pre-trial proceedings did not resolve the issue, do not despair. Judicial practice, if the culprit of an accident without compulsory motor liability insurance and does not intend to pay for the damage, will force him to pay. A statement of claim to the court against the culprit of the accident, if the culprit does not have car insurance, can and should be obtained from specialists. The claim does not have a strict form, but must comply with Article 131 of the Code of Civil Procedure of the Russian Federation.

It describes all the details of the incident and indicates the moment of unsuccessful pre-trial settlement. After submitting the application, the case must be set in motion within five days, setting the date for the first visit to court. The trial could drag on for several months.

The court's decision is legally valid after the completion of the appeal. Next, you need to take a writ of execution, which you submit to the enforcement services, and then the documents are received by specialists from the bailiff service.

Rules for registering an accident without compulsory motor liability insurance

If the culprit is not insured, gets into an accident, and the culprit does not have insurance, what to do and what is the procedure:

1. When the damage is not great, you can resolve the issue immediately on a voluntary basis.
2. If your opponent is in no hurry to immediately correct the situation, you should use the traffic police and call an inspector.
3. Take photographs of the damage and find witnesses.
4. Draw up a protocol, especially emphasizing that the opponent did not insure liability.
5. Get contacts and a copy of the protocol.
6. Provide the court with all documents along with the claim.
7. Wait for the court's decision and receive compensation.

To quickly resolve the issue, you will have to turn to lawyers, since this process has its pitfalls.

Receipt for damages

Often a car enthusiast asks to delay paying bills, then it is worth issuing a receipt. How to recover damages from the culprit of an accident if there is no insurance. It's quite difficult.

Payment of MTPL compensation, if the culprit does not have MTPL, he is not insured, which means the opponent will have to compensate for losses from his own pocket, which is always expensive, and sometimes impossible on the spot due to lack of funds.

The receipt indicates the last name, first name and patronymic of the participants, all contacts, the course of events and damage. Why does the culprit pay for losses, vehicle data, compensation amounts and timing of transfer of money. The situation may be such that it is worth taking a deposit, which needs to be written about. It can be written on the spot, by hand, and then signed by both.

Carrying out an examination

If the car is not insured and is involved in an accident, if there is no other participant in the accident, you must rush to arrange an examination. Any company that has a state certificate for issuing legal opinions will help with this. Please ensure that specialists meet the required level of accreditation.

Legally correct would be a mandatory written invitation from the guilty person to conduct an examination. A notification letter will be required.

What to do if the person at fault for an accident without compulsory motor liability insurance does not want to pay?

Victims in this situation must take decisive action. If there is no compulsory motor liability insurance, who will pay for the damage? Due to the liability of the participant in the accident and the absence of compulsory motor insurance, the culprit will suffer even greater losses.

Within 10 days after the decision is made, each participant receives a verdict. If the culprit of an accident without insurance will pay the established amounts through special authorities. You can go to the bailiff service. This government agency collects the debtor's property.

How to get MTPL insurance if the culprit fled the scene of an accident

What to do if the culprit of the accident fled the scene? It is necessary to immediately contact the law enforcement agencies, draw up a report on the damaged vehicle, put the fugitive on the wanted list and arrange an independent examination.

If the person at fault for the accident does not have compulsory motor liability insurance, how to compensate for the damage in 2019 - what to do if you get into an accident without insurance?

To date, the number of drivers who drive a vehicle without compulsory motor liability insurance has decreased significantly compared to last year. Many motorists do not insure their liability only because the fine for not having a policy is only 800 rubles.

Failure by the owner of a vehicle to fulfill the obligation established by federal law to insure his civil liability, as well as driving a vehicle if such compulsory insurance is obviously absent, entails the imposition of an administrative fine in the amount of eight hundred rubles. (as amended by Federal Laws dated June 22, 2007 N 116-FZ, dated July 23, 2013 N 196-FZ)

Part 2 of Article 12.37 of the Code of Administrative Offenses of the Russian Federation

However, the fine is not as terrible as the consequences of getting into an accident without a valid policy. In this article we will talk about how to recover damages if the person at fault for the accident does not have insurance, what to do if you are not at fault, but you do not have compulsory motor liability insurance, and we will also discuss other nuances regarding insurance coverage.

If the person at fault for the accident does not have compulsory motor liability insurance, how to compensate for the damage in 2019

The principle of insurance is that when an accident occurs, the insurance company of the at-fault party pays a certain amount of money to make repairs to the injured party. But what to do? if the culprit of an accident is without insurance?

Since the driver does not have liability insurance, there is no insurance company that could pay out the insurance coverage.

According to Part 1 of Article 1064 of the Civil Code of the Russian Federation, the damage caused is subject to full compensation by the person who caused the damage.

Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.
By law, the obligation to compensate for harm may be imposed on a person who is not the cause of harm.
The law or contract may establish the obligation of the harm-doer to pay compensation to the victims in excess of compensation for harm. The law may establish the obligation of a person who is not the causer of harm to pay compensation to victims in excess of compensation for harm. (as amended by Federal Law dated November 28, 2011 N 337-FZ)

Part 1 of Article 1064 of the Civil Code of the Russian Federation

The culprit will have to pay all costs for repairing the injured person’s car and his own car.

Many people ask what happens if you get into an accident without a compulsory motor liability insurance policy and it’s my fault? In addition to payments for the repair of two cars, you will have to pay a fine for driving a vehicle without an insurance policy, as well as incur additional financial losses in the form of compensation and moral damages.

What to do if you get into an accident and the person responsible for the accident does not have compulsory motor liability insurance?

We are all human, which means that to resolve disputes, you can first resort to pre-trial proceedings (it is worth considering that filing a claim with the culprit is not a mandatory procedure prior to filing a claim). Therefore, we initially pay attention at the scene of the accident so that the inspector records in the certificate from the accident site the fact that the culprit does not have a compulsory motor liability insurance policy. If this is done, then be sure to record the details of the guilty party:

If you cannot do this yourself, then you should contact the traffic police inspector who recorded the accident. He will provide you with the necessary data.

The next step is to collect the necessary package of documents for a legal claim.

Independent review report. The average appraisal price varies from 2,000 to 7,000 rubles. This document is very important, as it contains information about all damages, including hidden ones, as well as damage calculations. In addition, you will be provided with papers confirming the legality of the organization that is engaged in this activity.

Report on TCB. It is drawn up only if the vehicle cannot be restored. The cost of a document on average ranges from 2,000 to 5,000 rubles. In the first and second cases, the presence of the person responsible for the accident is necessary; for this it is necessary to notify him by mail with notification of receipt.

Pre-trial claim. For drawing up such a paper, lawyers may demand from 3,000 to 5,000 rubles. But since there is nothing complicated in it, you can compose it yourself. The claim must indicate the direction of the route, the location and circumstances of the accident. We support all our own statements with excerpts from legislation. And at the very end we indicate the total amount of damage caused. Important: the total amount may be greater than indicated in the independent expert’s report. This can include evacuation services, car storage, all examinations and lawyer services and, accordingly, moral damages (if there was harm to health).

The claim must be supported by the following documents:

A copy of the accident report;

A copy of the decision on the administrative offense;

Copies of letters calling for inspection;

Expert assessment of damage;

Copies of documents for the vehicle;

Receipts that will confirm all your expenses.

Often, after submitting a pre-trial claim, most of those at fault for an accident agree to the price set by independent experts. Since if you bring the case to court, then in addition to damages, you will have to pay additional costs.

Lack of work and any type of property, in the event of litigation, cannot become a reason for refusal to pay compensation.

I got into an accident without MTPL insurance and it’s not my fault

As we said earlier, the at-fault party's insurance company will pay for the injured party's coverage. If you are the injured party and you do not have compulsory motor liability insurance, but the culprit has a policy, then payment will be made to you in full, taking into account the specifics of calculating the amount of insurance compensation established by law.

The only expenses you will have to incur are paying a fine for driving a car without an MTPL policy in the amount of 800 rubles.

Can an insurance company recover money from the person at fault for an accident under compulsory motor liability insurance?

It happens that immediately after an accident it becomes clear that the person responsible for the accident is not included in the compulsory motor liability insurance policy. Of course, the injured party begins to get nervous and worry about their payments.

But there are worse cases, for example, we are often asked the question: will they pay for compulsory motor liability insurance if the culprit of the accident fled the scene? The answer to this question can be found in Federal Law No. 40 of April 25, 2002 - FZ.

1. The right of claim of the victim against the person who caused the harm is transferred to the insurer who has provided the insurance compensation in the amount of the insurance compensation provided to the victim, if:

a) due to the intent of the said person, harm was caused to the life or health of the victim;

b) the harm was caused by the specified person while driving a vehicle in a state of intoxication (alcohol, drugs or other) or the specified person did not comply with the requirement of an authorized official to undergo a medical examination for intoxication or he did not comply with the requirement of the Road Traffic Rules of the Russian Federation to prohibit the driver consume alcoholic beverages, narcotic or psychotropic substances after a traffic accident in which he is involved;

c) the said person did not have the right to drive the vehicle during the use of which he was harmed;

d) the said person fled the scene of the traffic accident;

e) the specified person is not included in the compulsory insurance contract as a person allowed to drive a vehicle (when concluding a compulsory insurance contract with the condition that the vehicle is used only by the drivers specified in the compulsory insurance contract);

f) the insured event occurred when the specified person used a vehicle during a period not provided for by the compulsory insurance agreement (when concluding a compulsory insurance agreement with the condition of using the vehicle during the period provided for by the compulsory insurance agreement);

h) before the expiration of 15 calendar days, with the exception of non-working holidays, from the date of the road traffic accident, the specified person, in the case of drawing up documents about the road traffic accident without the participation of authorized police officers, began to repair or dispose of the vehicle in which he was using damage was caused and (or) did not present the vehicle at the insurer’s request for inspection and (or) independent technical expertise;

i) at the time of the occurrence of the insured event, the validity period of the diagnostic card containing information on the compliance of the vehicle with the mandatory safety requirements of vehicles, passenger taxis, buses or trucks designed and equipped for the transportation of passengers with a number of seats of more than eight has expired (except driver's seat), a specialized vehicle designed and equipped for the transport of dangerous goods;

j) the owner of the vehicle, when concluding a compulsory insurance contract, provided the insurer with false information, which led to an unreasonable reduction in the amount of the insurance premium;

k) the damage was caused by the specified person when using a vehicle with a trailer, provided that the compulsory insurance contract does not contain information about the possibility of driving a vehicle with a trailer, with the exception of trailers for passenger cars owned by citizens.

Part 1 of Article 14 of the Federal Law of April 25, 2002 No. 40 - Federal Law

Consequently, in all of the above cases, the insurance company of the guilty party pays out insurance coverage, but in the future, as a recourse, it has the right to sue the guilty party with a claim for the return of this amount of money to the insurance company.

What to do if the person at fault for an accident has a fake OSAGO policy

Fake documents are also not uncommon these days. However, as we know, everything secret sooner or later becomes reality. If you discover that you have a fake before the accident, try to replace your policy with a new one from another insurance company as soon as possible.

But then who pays if the person at fault for the accident has a fake MTPL policy? In this case, the presence of a fake policy will be equivalent to its absence. Consequently, all costs for repairing both cars (the victim’s and his own) fall on the shoulders of the culprit.

In addition, you may also be at risk of the following:

Deprivation of the right to drive a vehicle;

Bringing to criminal and administrative liability;

Payment of several significant fines.

Even if the insurance company agrees to make payments to the victim under a false policy, then in the future you can safely expect an invitation to court, since the insurance company, as a form of recourse, will demand the return of the entire amount paid.

The injured party will have to take a number of actions against the culprit;

First, we submit an application to the RSA with a request to identify the authenticity of the policy;

Based on their response, we draw up a pre-trial claim for damages against the guilty party;

In case of refusal, we file a lawsuit and demand compensation for the damage caused and all costs;

We are writing a statement to the police with an attached response from the RSA regarding fraud.