Is a technical inspection necessary in case of an accident?
Is a technical inspection necessary in case of an accident?
Does the fact that a car has been inspected during an accident influence the drawing up of a report by police officers and the decision of the insurance company regarding the payment of compensation for the damage caused? This question worries many vehicle owners. The technical inspection itself demonstrates the level of readiness of vehicles to participate in road traffic. On the one hand, the vehicle driver himself is able to assess the level of serviceability of the car and, if problems are detected, contact the service to eliminate them; on the other hand, issuing a mandatory MTPL policy without providing a card with the results of the MOT is almost impossible. In this way, insurers are trying with all their might to protect themselves from the need to pay the amount of insurance coverage in case of an accident with cars that have not undergone a proper check of the condition and readiness to move.
1. What is a technical inspection?
Technical inspection of a vehicle is a diagnosis of a vehicle by technical experts to ensure that it meets the requirements of normal operation. During the technical inspection, the vehicle itself is checked, as well as additional equipment installed on it.
The main law regulating the procedure for carrying out maintenance is Federal Law No. 170 of July 1, 2011. According to Federal Law No. 170, the vehicle inspection procedure is carried out at special maintenance points included in the register of Technical Inspection Operators (hereinafter referred to as TIO), who have the right to conduct technical inspection.
This law establishes the frequency of technical inspection of a vehicle. Currently they are as follows:
- Motor vehicles used to transport passengers, the number of passenger seats in which does not exceed 8, undergo maintenance once every six months.
- Passenger cars, as well as trucks and motorcycles, the production period of which exceeds 7 years, are required to come for inspection at least once a year.
- Vehicles equipped with special signals, as well as trucks used for driver training, are inspected once a year.
- Vehicles with a production life of 3-7 years must have their condition checked at least once every 2 years.
Maintenance is carried out upon presentation of the car owner’s passport, as well as the title to the vehicle being inspected.
The inspection procedure boils down to a mandatory check of the following components:
- Vehicle engine;
- Auto brake system;
- Lighting devices, glass, mirrors and seat belts;
- Tire conditions.
At the end of the inspection procedure, the specialist issues the vehicle owner a diagnostic card, which contains the following information:
- Full name of the vehicle owner.
- The number of the card itself.
- List of components and mechanisms that were tested.
- Conclusions of the employee who carried out the maintenance on the possibility of further operation of the car;
- A note on the registration of the card in EAISTO, as well as a stamp of the maintenance point and the signature of the technical expert who conducted the inspection.
Many insurance companies insist that the car owner be able to provide a diagnostic card when applying for insurance. This is due to the fact that insurers want to remove the risk of paying out insurance coverage in the event of a traffic accident due to a vehicle defect.
2. Is a technical inspection necessary in case of an accident?
It is not prohibited to drive a car without passing a technical condition check. The MOT card is not included in the list of mandatory documents required to drive a vehicle. The insurer may request documentary confirmation of the completed inspection of the car when taking out a MTPL or CASCO policy, but the traffic police does not have the right to do this. In the event of an accident, police officers may request documents allowing you to drive a vehicle, a registration certificate and a compulsory motor vehicle insurance policy. The presence of these documents is enough to draw up a traffic accident report.
The only thing that a driver’s lack of a diagnostic card can indicate is that they have not passed a technical inspection, which in turn increases the likelihood of not having a completed compulsory motor liability insurance policy.
In some situations, the driver may not be required to have an insurance policy. There is no need to carry MTPL insurance when driving the following types of commercial vehicles:
- Buses and minibuses;
- Heavy duty vehicles;
- Passenger taxis.
When entering the route, this type of transport must have a document certifying the passage of technical inspection. If it is not there, a fine of 800 rubles is imposed on the driver. If the requirements for the presence of mandatory documents are repeatedly violated, the driver may be deprived of the right to drive a vehicle.
3. Is MTPL insurance valid in case of an accident without a technical inspection?
According to Article 14 of Federal Law No. 40 “On Compulsory Motor Liability Insurance” of April 25, 2002, insurers are given the right to make a recourse payment to the person who is at fault in the accident in the amount of damage that was compensated by the insurer. This procedure is possible if, at the time of the accident, the car of the road user who caused the accident had an expired diagnostic maintenance card or had not passed the technical inspection at all.
This law allows the insurer to refuse coverage if a document confirming the maintenance was missing or expired at the time of the accident. Thus, a situation arises when the driver of the vehicle had a compulsory motor liability insurance policy issued in accordance with the rules, but due to the lack of technical inspection of the vehicle, the insurance company did not compensate for the damage.
However, most often among the requirements of insurers, when applying for compulsory motor liability insurance, a diagnostic card is a prerequisite. If such a card is missing or its validity period has expired, the insurance company will refuse to issue insurance.
4. Is CASCO insurance valid in case of an accident without a technical inspection?
Federal Law No. 40 of April 25, 2002, as well as Federal Law No. 170 of July 1, 2011, regulate the procedure for the sale of insurance policies. In accordance with them, CASCO is issued when the vehicle has passed MOT and the document confirming the analysis of the technical condition of the car has a current validity period.
Thus, when an insurance employee talks about the possibility of issuing CASCO for a car that has not passed MOT, it is necessary to understand that in the event of a traffic accident, the owner of the vehicle will probably not receive payments from the company that issued such a policy.
Therefore, even taking into account that CASCO is issued without a valid vehicle maintenance, in practice such insurance will only mean money wasted in the event of an accident or other insured event.
5. What are the consequences of a lack of technical inspection in case of an accident?
To compensate for financial losses incurred as a result of an accident, the car owner will have to contact his insurer. If there is no diagnostic card with the results of the completed maintenance or its validity period expires at the time of the accident, the insurer will definitely try to avoid the need to provide compensation for insurance coverage. All insurance companies justify such refusal to pay by Article No. 14 of the Law “On Compulsory Motor Liability Insurance”. It allows the use of regressive payments for a participant in an accident whose car has not passed MOT. However, there is a nuance in this article that the application of recourse is only possible for those cars that must undergo a technical condition inspection every six months. For all others, payment must be made regardless of whether the technical inspection is passed.
In a situation where an insurance company refuses to pay out insurance coverage based on the lack of a diagnostic card from the owner of the vehicle, in accordance with clause 44 of the Insurance Rules, a citizen has the right to protect his own interests by filing a complaint with the following authorities:
- Contacting the director of the insurance company orally or in writing;
- Russian Union of Auto Insurers, which controls the activities of insurance companies operating under compulsory motor liability insurance;
- Rospotrebnadzor is a structure that protects consumers of any services provided by organizations in the Russian Federation;
- Prosecutor's office - an application is submitted describing the incident of failure by the insurance company to fulfill its direct functions and obligations;
- The court is the authority to which you need to apply with a correctly drawn up statement of claim.
6. An overdue technical inspection for the victim of an accident (will he receive payments if he is not at fault for the accident?)
If you get into an accident, the driver whose car was damaged can contact the company that issued the policy to the culprit. However, sometimes situations arise in which a driver injured in an accident has an overdue inspection. What to do in such a situation? Is there a payment from the insurance company in case of overdue maintenance?
To answer these questions, you need to study the scheme for applying for damage coverage from the insurance company for the injured person. Today, the victim has the right to compensation from his insurance company or from the one that issued the MTPL policy to the person at fault for the accident. In any of the options, in order to assign payment of the amount of insurance coverage, the victim must provide the insurance company with a package of documents, which are determined by the current MTPL Rules. Such documents are:
- Notification of the fact of an accident, or a European protocol drawn up by the participants in the accident.
- Notification of an offense (if the accident was registered by traffic police officers).
- A document confirming the ownership of the vehicle.
- Receipts for payment for the services of a forensic expert, as well as repair work.
- As you can see, in the list of mandatory documents required by the insurance company, there is no diagnostic card confirming the fact that the vehicle has undergone technical condition diagnostics.
- Thus, a victim of an accident has every right to receive insurance payments even in a situation where the technical inspection of the vehicle was overdue.
- Nuances
It must be remembered that the presentation of a diagnostic card confirming the completion of the technical inspection is optional. Accordingly, the traffic police officer who arrived at the scene of a traffic accident should not request it.
However, applying for car insurance requires the presence of a valid document confirming the passage of maintenance.
In order to save yourself from possible troubles or legal proceedings in the future, it is advisable for the vehicle owner to undergo technical inspection in accordance with the deadlines determined for his vehicle. This will be an additional guarantee of safety when driving on the road, and will also not create problems for assigning an insurance payment.
By the way, when inspecting the condition of his car, its owner should pay attention to the car service center where the inspection will be carried out. He must have a document confirming official accreditation for the right to conduct technical inspection. It is also necessary to clarify in advance the cost of services for checking the technical condition of a vehicle and compare it with prices from other maintenance operators. If the price is too low, this is also a reason to think about the rights under which the technical condition of the car is assessed in such a technical service.
From the moment when traffic police officers lost the opportunity to check whether the owner of a vehicle had passed a technical inspection, a greater burden of responsibility for traffic safety on the road fell on the shoulders of drivers. It is necessary to undergo a technical inspection, since this procedure helps to increase the safety of road users. In addition, without a issued maintenance card, the majority of insurers will not issue a civil liability insurance policy.
Is a technical inspection necessary in case of an accident?
In the Russian Federation, carrying out a technical inspection is associated with obtaining insurance. Without it, you cannot conclude a compulsory motor liability insurance agreement.
Previously, the fact that the car was in good working order was confirmed by a technical inspection certificate. Today it is no longer available. Instead, a diagnostic card is used. The innovation led to a number of changes, including the need for technical inspection in case of an accident. In order not to find yourself in an unpleasant situation, it is recommended to familiarize yourself with the features of the procedure in advance.
What is a technical inspection?
Technical inspection is a procedure during which the car is presented for examination to a specialist who determines the possibility of its normal operation. The vehicle and additional equipment are checked. The procedure is regulated by Federal Law No. 170 On vehicle technical inspection dated July 1, 2011.
The following must be checked:
The functioning of the computer system must be monitored. Standards are set depending on the type of transport. They are enshrined in Appendix No. 1 to the Rules for Carrying out Technical Inspection. The inspection procedure must be carried out to confirm that the car is safe before obtaining insurance. Previously, an inspection ticket was provided. A diagnostic card is now being issued. It contains more information about the condition of the car.
The documents must contain only truthful information. If the technical inspection data does not correspond to reality, in the event of an accident, responsibility will be assigned to the service station employee. The insurance company demands payment from him for repairing the car damaged in the accident if the cause of the accident was a malfunction of the vehicle.
The diagnostic card displays the following information:
- information about the owner of the car;
- Document Number;
- a list of parts and assemblies studied during the inspection;
- the conclusion reached by the specialist;
- traffic police mark;
- operator's signature and seal.
Is a technical inspection necessary in case of an accident?
Today there is no need to carry a diagnostic card with you. It is required when applying for insurance. A representative of the organization providing the MTPL policy will check the fact of passing the technical inspection and the correctness of filling out the documentation confirming it. If you already have insurance, you can leave the diagnostic card at home. Traffic police officers do not have the right to demand its provision in case of an accident. All you need to do is present the documents for the car.
The main documents to be presented to traffic police officers, in accordance with the traffic regulations, clause 2.1.1, are:
They are enough to fill out a protocol in the event of an accident. The rule does not apply if the driver of a commercial vehicle is involved in an accident. You must take with you documents confirming the fact of passing the technical inspection:
- taxi drivers;
- heavy vehicle drivers;
- bus drivers.
Failure to inspect a commercial vehicle in case of an accident will result in a fine. Its size is reflected in Article 12.1 of the Code of Administrative Offenses of the Russian Federation. It is 500-800 rubles. A penalty will also be imposed on the official who released the car onto the line without technical inspection. The amount of the penalty will be 500 rubles. The transportation company will also be punished. The fine will be 50,000 rubles. The norm is enshrined in Article 12.31 of the Code of Administrative Offenses of the Russian Federation.
Is compulsory motor liability insurance valid in case of an accident without a technical inspection?
Today, some motorists undergo a technical inspection only to obtain an MTPL policy. If the diagnostic card is expired and an accident occurs, traffic police officers will not be able to apply additional sanctions against the violator. However, claims will arise from the insurance company.
If the technical inspection is overdue, in cases specified by law, the person responsible for the accident will have to pay for the repair of someone else’s car.
The Federal Law on Compulsory Motor Liability Insurance does not contain information that the insurer has the right to refuse payment in case of overdue technical inspection. The regulatory legal act contains Article 14, according to which the organization has the right of recourse against the culprit of the accident if the diagnostic card has expired, but only if the car falls into one of the following categories:
- passenger taxi;
- bus;
- a truck designed to transport passengers with more than 8 seats;
- a specialized vehicle designed for the transportation of dangerous goods.
In another situation (including if the participant in the accident has his own car), the insurer must compensate for the damage from its own funds.
The insurance company may require an examination to check for defects and damage. If it turns out that the cause of the incident was a failure of the brakes, this is considered to be the indirect fault of the driver. He didn't bother to do any diagnostics. As a result, the provision of compensation may be assigned to the person responsible for the incident. In this situation, the insurance contract is terminated.
If the examination shows that the data in the diagnostic card is falsified and the car is faulty, the insurer can go to court and demand that the organization that performed the technical inspection independently compensate the victim for the damage.
Is CASCO insurance valid in case of an accident without a technical inspection?
CASCO insurance is not regulated in such detail by current legislation as compulsory motor liability insurance. The insurer has the right to independently determine the conditions under which payment is provided. The parameters are fixed in the insurance rules and the concluded contract. The norms must not contradict current legislation.
Usually the need for the presence of a technical inspection is indicated in the contract. If the data is recorded in the document, payment will not be provided in the absence of a valid diagnostic card. When information is not reflected in the papers, a person has the right to demand compensation. In this situation, the company has no right to refuse compensation. The action will be considered a violation. If an organization tries to avoid payment, it can go to court or other authorized bodies to demand compliance with rights.
What are the consequences of not having a technical inspection in case of an accident?
The validity period of the diagnostic card is set forth in Article 15 of Federal Law No. 170 of July 1, 2011 On vehicle technical inspection. If the car is under 3 years old, the procedure is not necessary. For other vehicles, you must obtain a diagnostic card. The frequency of inspection also depends on the age of the vehicle. If the indicator is 3-7 years, the diagnostic card is valid for 2 years. In other cases, a technical inspection must be carried out once a year.
Separately, there are cars that require technical inspection every 2 years, regardless of the date of manufacture. This:
- trucks weighing more than 3.5 tons;
- machines used for driving lessons;
- cars equipped with light and sound signals.
If the car is used to transport passengers, it is necessary to update the diagnostic card once every six months. The requirement applies to the following vehicles:
- passenger taxis;
- buses;
- trucks converted to carry passengers and having more than 8 seats excluding the driver's seat.
If the car is used to transport dangerous goods, a technical inspection is also required once every 6 months. If desired, the procedure can be performed more often.
The absence of a technical inspection in case of an accident does not serve as a basis for bringing a person to punishment and recognizing him as the culprit of the accident. However, this may cause problems with the insurance company.
If a technical inspection has not been passed at the time of the traffic accident, the driver may not have an insurance policy. This is considered the key point. If the need to have a diagnostic card on hand is not necessary, then insurance should be available. The electronic document is checked against the database. Fines for lack of technical inspection in case of an accident are reflected in Articles 12.1 and 12.31 of the Code of Administrative Offenses of the Russian Federation. They apply to car owners who are required to update the diagnostic card once every six months. However, punishment for lack of compulsory motor liability insurance is provided for everyone. For violation, the person will be held administratively liable. The size of the penalty depends on a number of nuances. It will be:
- 800 rubles if insurance was not issued;
- 800 rubles if compulsory motor liability insurance is expired;
- 500 rubles, if the policy does not contain certain information, or it is issued with violations.
At first glance, the amount seems insignificant. However, after an accident, a person will be faced with the need to restore the car. Additional expenses will increase the burden on the budget.
An overdue technical inspection for a victim in an accident
A motorist injured in an accident may also fail the inspection. Article 14 of Federal Law No. 40 On Compulsory Motor Liability Insurance only reflects the possibility of filing a recourse against the culprit of the incident. For all other vehicles, payments must be made regardless of the presence of a diagnostic card. It is not included in the list of documents that the owner must present to insurers to receive compensation. If the insurance company refuses to compensate for damages to the victim of an accident without a technical inspection, you need to complain and protect your rights. To do this, you will need to contact the following authorities:
- Insurance company management. The decision to provide payment after an accident is made by authorized employees. However, the administration can change the adopted verdict. A complaint may be submitted orally. However, it is better to put it in writing. In most situations, an appeal is enough to change the decision.
- Contact RSA. This is the main authority exercising control over insurance companies. The complaint must be submitted in free written form.
- Visit to Rospotrebnadzor. In this situation, the citizen is considered a consumer of services. If rights are violated, you must send an appeal to the above authority. A statement is drawn up. It is drawn up in free form. It is necessary to describe the current situation in detail.
- Submitting an appeal to the prosecutor's office. It deals with situations where an organization refuses to fulfill obligations.
- Going to court. You can initiate proceedings by filing a statement of claim. It must be drawn up in accordance with the norms of the Code of Civil Procedure of the Russian Federation. The paper can be designed independently. If the process is difficult, you can involve an experienced lawyer in the proceedings.
Experts do not recommend leaving the situation as it is. You need to defend your rights and prove that the presence of valid MTPL insurance, even in the presence of an overdue technical inspection, is the basis for receiving payments.
Clause 2.1.1 of the Russian Traffic Regulations states that the diagnostic card is not a mandatory document to be presented to traffic police officers, including after an accident. It only needs to be presented during the process of applying for an MTPL policy. A representative of the State Traffic Inspectorate cannot demand paper when an accident occurs. However, if you are applying for CASCO or MTPL, you must have a document on hand confirming the presence of a valid technical inspection. The paper must contain reliable information. It does not matter when the card expires. Even if it ends in a few days, you are required to issue a compulsory motor liability insurance policy.
In order to avoid complications in the future, it is necessary to avoid delays in inspection. It is better to re-execute it until its expiration date expires. This allows us to guarantee the safety of the driver and other road users. In order not to encounter data verification, it is important to choose a service station wisely. The low cost of technical inspection should alert you. This indicates that there is no registration of the service station. It is important to check the company's accreditation. The document must contain a number consisting of 21 digits. It is better not to use the services of unaccredited stations. A false inspection will not allow you to get insurance. Without it, a person will not be able to become a participant in traffic.
The safety of drivers and pedestrians depends on compliance with applicable regulations and laws. It is better not to neglect the latter. The safety of the vehicle depends on it. The insurer will not provide a policy without a diagnostic card. However, representatives of the traffic police do not have the right to demand the presentation of documents on technical inspection at the time of a traffic accident. Fines are also unacceptable.
What are the consequences of not having a diagnostic card in case of an accident?
Even very experienced drivers often cannot avoid a traffic accident on the road. At the same time, the procedure for registering an accident in order to receive payments from the operator with whom the insurance contract is concluded is quite complicated. Therefore, it is better to familiarize yourself with it in advance in order to know what documents are required, whether a diagnostic card is needed in case of an accident, and what the consequences of delaying it are. All these points are extremely important for maintaining the established registration sequence.
For what purpose is a diagnostic card drawn up?
A diagnostic card (DC) is an official document confirming the technical examination of a machine through visual inspection and the use of various specific procedures. It contains information about the general condition of the equipment and readiness for its safe use. At one time, the DC became a replacement for the standard maintenance coupon, and today it is even issued in electronic format. It has a validity period indicated on the form. Receive a document to confirm good condition.
Information on the preparation and issuance of the card is provided in 2 copies, and the data is entered into a common database. The system is automated, information is stored in it for 5 years. The DC is required at the time of signing the MTPL agreement. Without it, the insurance is valid for only 20 days. During this period, you will be required to undergo a technical inspection and submit paperwork to the company for the issuance of a full-fledged document.
Is it necessary to have a diagnostic card in case of an accident?
The card is a kind of car pass for traveling along the country’s highways, as it confirms the good condition of the vehicle. It is provided to the insurance operator upon receipt of the policy, so if at the time of the accident there is no diagnostic card on hand, then serious consequences will not follow. The fine is provided exclusively for persons using cars to transport groups of people along the route or toxic substances, as well as moonlighting as taxis.
Advice! For ordinary citizens, it is enough to have only insurance, since it confirms that at the time of signing the contract the person provided a card of the passed technical inspection. But if its validity period has expired, then this is considered a serious offense.
Lack of DC in case of an accident
A completed technical inspection guarantees the safe operation of the equipment. Therefore, if the card is expired, you should contact the company that provides this service again for verification. In this case, the driver will receive full compensation in the event of an accident, since the rules established by law will be observed. The DK is not included in the list of documents that every driver must have while driving, unless the equipment belongs to one of the following categories:
- Passenger transportation or taxi.
- Buses and minibuses.
- Trucks equipped with seats for the permanent transport of people.
- Special vehicles used to transport hazardous or toxic liquids.
According to the established rules of OSAGO, the owners of such equipment are required to update the diagnostic card every six months, otherwise in case of an accident they will be subject to, in addition to the main liability, a fine of 800 rubles. It is not necessary to obtain a certificate of approval for a new vehicle if it is not yet 3 years old.
No DC with valid insurance
It is impossible to insure liability without undergoing a vehicle inspection procedure. But there are situations when a policy is issued legally without it. Then, if there is no diagnostic card during an accident, there will be no consequences. Insurance without DC remains relevant in the following cases:
- The vehicle is still new, less than 3 years have passed since the start of operation (production).
- The car is not used to transport passengers along a given route or as a taxi.
- The technique is freed from the need for regular examination.
- The accident involved a trailer weighing up to 3 tons, which was registered by an ordinary citizen.
It is important to know! In such cases, there are no problems with payment from the insurance operator. But the type of policy issued (MTPL, CASCO) and those specified in the agreement are taken into account.
When insurance doesn't apply
Having a diagnostic card in case of an accident does not matter if you have insurance, but only if it has not expired. In this case, the injured party will receive compensation.
But if the policy is not valid, then the company has the right to demand compensation for the payment made to the culprit by filing a lawsuit against him. But in most cases, if the insurance contract has expired and the client has not applied for its renewal, the company simply refuses to provide payments.
Compensation under compulsory motor liability insurance without status check
The absence of a diagnostic card in case of an accident will not create serious troubles for the injured party, since it is not required to present it to the traffic police team. But the culprit may be asked to demonstrate it along with the main package of official papers. If there are faults in the car that the maintenance operator did not indicate in the document, the victim may additionally demand compensation from him.
It is important to know! When you have insurance, a technical inspection in case of an accident is necessary, but even in its absence, the company does not have the right to refuse to provide compensation. But this does not mean that the driver does not face certain consequences. If the car was in a faulty condition at the time of the accident, and the registration certificate was not issued, then there is a high probability that the person will be found to be the culprit of the accident.
Many operators regard the absence of a diagnostic card as a reason to refuse to fulfill their obligations, but it all depends on the specific circumstances of the case. If the contract does not contain a clause on the need to have a control center in the event of an accident, then the operator’s actions can be considered illegal. In other cases, the lack of compensation will be justified, especially if the card is expired.
Having a diagnostic card in case of an accident is not mandatory, but many insurance operators use this reason as a justification for refusing to provide payments. Therefore, such confirmation of the normal condition of transport must be in the basic package of documents for every owner of a modern car.
Is a vehicle inspection required in case of an accident?
Hello, in this article we will try to answer the question “Is a technical inspection necessary in case of an accident?” You can also consult with lawyers online for free directly on the website.
By law, a diagnostic card is required to obtain insurance. But there are several cases when you can do without it:
- Transport is not subject to inspection. For example, a trailer weighing less than 3.5 tons does not need to be checked. The rule applies provided that the owner of the trailer is a private person and not an organization.
- Three years have not passed since the car was released. The exception is when the car is used as a taxi.
- The validity period of the previous diagnostic card has not expired. So, if the car is between five and seven years old, then the card is valid for two years.
A software package is currently being developed that will allow the insurer to check the availability of a diagnostic card in a unified technical inspection database. This is done in order to detect falsification of diagnostic cards.
For a long time now in our country, the responsibility to take responsibility for the technical condition of the car has been assigned not only to car owners, to maintenance services, but also to insurers! After all, it turns out that by issuing a MTPL policy for a vehicle, insurers make a decision about the possible operation of the vehicle.
What are the consequences of lack of maintenance in an accident?
For other categories of vehicles, a technical inspection is required almost exclusively to obtain a compulsory insurance policy.
It’s hard to think of a bigger mess with monitoring the technical condition of cars on the road. Thanks to Medved. By and large, this maintenance coupon is a profanation of the purest water: a light bulb can burn out 5 minutes after receiving a legal coupon, and the pads can wear off after 3 clicks.
The law clearly states that in order to obtain an MTPL policy, a diagnostic card is required, but it does not specify whether it should be issued immediately before purchasing the document or whether it can simply be valid.
Only the confirmation of passing the technical inspection has undergone changes. Is a technical inspection required since 2013? Are technical inspection coupons issued since 2013? Is a technical inspection required if you have MTPL insurance? What are the consequences of lack of technical inspection? Is it possible to drive without a technical inspection?
Is a technical inspection required in case of an accident in 2018?
It must indicate all the vehicle data, including the frame number, make and model of the car, body number, year of production of the vehicle.
Would the regressive case apply in this case? Is it necessary to undergo maintenance at a time when it has expired, but the compulsory motor liability insurance has not yet ended? About this in our article.
Compliance with vehicle maintenance standards will ensure that all vehicle owners receive insurance payments in the event of an accident. It is important to monitor the validity period and correct filling, only in this case payments will be made.
Firstly, the fine for lack of technical inspection was not canceled for all car owners. It can still be issued in the case of driving vehicles such as buses, passenger taxis or trucks equipped for the transport of people with more than eight seats (excluding the driver) without a valid technical inspection.
What are the consequences of lack of maintenance in case of an accident?
Confirmation of the fact of passing a technical inspection is now an MTPL policy, which is not issued without the driver having a valid diagnostic card. In this case, the card will be valid even if the insurance period has already expired.
Due to recent changes in legislation, the legal information in this article may be out of date! Oddly enough, not all drivers still know that they do not have to carry a diagnostic card with them, since it is not a mandatory document. But not for everyone, taxi drivers, bus drivers, heavy trucks, special vehicles are required to provide a maintenance ticket when checking documents.
Another question that interests many car owners is: is a diagnostic card necessary? This document may be required only in cases where a compulsory motor liability insurance policy is issued again. The insurance company checks all data about the condition of the car through a single database. That is, if there is a fictitious diagnostic card, the policy will not be issued.
Is it necessary to undergo diagnostics?
We decided to collect all the most important, “hot” questions on one page, and answer them in a way that makes everything clear and understandable to you.
The diagnostic card, its use and the nuances of this process are set out in the law of the Russian Federation “On technical inspection of vehicles and on amendments to certain legislative acts of the Russian Federation”, number 170-FZ.
Drivers who need to undergo maintenance every six months should be extremely attentive to the mandatory technical inspection. After all, if the diagnostic card is expired, the insurance company has every right to issue recourse to the culprit. That is, request reimbursement for all costs associated with the accident.
This law also contains rules for the use of a diagnostic card, which must be strictly observed.
The insurance company may refuse to pay if the inspection certificate is expired and, after diagnostics, it is determined that the accident was caused by a malfunction of the car, for example, its brakes failed. This means that the driver did not carry out mandatory maintenance and thereby provoked an accident. That is, there is no insured event as such.
Confirmation of passing the technical inspection since 2012 is a diagnostic card. Since 2015, maintenance coupons have lost their validity; today, technical inspection is closely related to the car insurance contract.
The MTPL policy is issued for a period not exceeding one year.
After this process, you need to re-register it. But at the same time, certain cars do not need to undergo a technical inspection every year. Not for long, though: for example, if the car is more than seven years old, you will have to go to inspection stations every year.
Since the validity period of the MTPL policy is one year, and the diagnostic card is 6 months, 12 months or 24 months, cases when one of the documents has already expired are not uncommon. And if, during the examination, which is usually carried out by insurance companies, it turns out that the car was technically faulty and the validity period of the technical inspection has already expired, then questions will certainly arise for the driver.
If a driver gets into an accident and does not have this document with him or it is invalid, he will not be able to count on insurance payments.
A vehicle technical inspection is a procedure during which the car is inspected by specialists to ensure that the vehicle can operate normally. Both the car itself and all its additional equipment are checked.
The owner of the car must have a vehicle registration, an identification document, and also confirming the right to drive this vehicle.
Since 2013, inspection tickets are no longer issued during diagnostics. The car owner is given a diagnostic card with the parameters of the technical check of the car. On the road, traffic police officers do not control the technical inspection, because the inspection fine has been cancelled.
A technical inspection is a check of the condition of the car and a comparison with the safety standards that apply to the vehicle. There is a certain frequency of diagnostics, depending on the purpose of the machine. More specifically:
- Every 6 months the condition of the vehicle must be checked - taxis, buses, trucks, any vehicles used to transport passengers up to 8 people excluding the driver. Also, a similar requirement is put forward for special equipment and vehicles that transport dangerous goods.
- Every year it is necessary to undergo maintenance for cars whose production period is more than 7 years, passenger cars, vehicles whose weight does not exceed 3500 tons. This group also includes cars that have special signals, those that are used for driving lessons.
- Once every 2 years, it is worth visiting a service station for owners of cars that have been manufactured for 3-7 years, but provided that they do not belong to the first category of vehicles.
If previously a certificate of passing the next technical inspection was a coupon, now it has been replaced by a diagnostic card. However, the latter is not included in the list of documents that the driver must always have with him. During a vehicle inspection carried out by a traffic police inspector, a valid insurance policy can confirm the fact that it has passed the MOT.
Therefore, if a person keeps his car in order and has no visible damage that may be of interest to traffic police inspectors, then he can feel completely safe on the road and not worry about fines.
You can take out a temporary policy, but this is an extra expense. It is more convenient and profitable to make a policy via the Internet. There are nuances that need to be taken into account before drawing up a contract - this is the rating of the insurance organization and customer reviews.
Actually, there’s nothing special to comment on here. Yes, there are exceptions that we hid under the last ellipsis. Exceptions will be vehicles for which special maintenance periods are specified, say a taxi or a vehicle for dangerous goods... However, these exceptions do not apply to the majority at all. In this article we consider the situation from the side of a private car enthusiast, with an average sedan.
If the operator finds faults, the diagnostics will have to be repeated. I'll have to stop traveling for a while. In order not to receive additional claims during the next inspection, you need to contact the same center that first conducted the inspection. Another operator has the right to start the inspection again.
Indeed, according to paragraph 2.1.1 of the Traffic Rules, a motorist must have with him and present to traffic police inspectors upon request only three documents - a driver’s license, an insurance policy and a certificate confirming the registration of the vehicle.
It is worth noting that the data on the new maintenance will be sent to a single electronic database in 14 days, so there is no need to rush to visit the insurance company.
Also, the new law abolishes the mandatory requirement for the validity of the vehicle inspection coupon to obtain a motor vehicle liability insurance policy.
However, the insurance company can use expert data, which allows, in some cases, to terminate the insurance contract.
For example, the owner of a 2015 Kia Rio may not have to worry about passing the inspection until 2018. You will need to undergo an inspection in 2018, 2020, 2022, and then annually.
There is only a special category of vehicles whose obligation to regularly undergo technical inspection has still been preserved (vehicles that transport people or transport dangerous goods). However, without a diagnostic card it will not be possible to issue an MTPL insurance policy. Is a technical inspection necessary in case of an accident?
This is very important for insurance companies that issue MTPL or CASCO insurance. Insurers can be sure that the owner who is involved in an accident due to a malfunction, for example, of the brakes or other important components of the car will not have to pay for the consequences of an accident.
The technical inspection is a rather long and specific, as well as paid procedure, so many car owners wonder why it is carried out at all. In fact, it is mandatory, since it can determine how safe the car is for movement.
If after an accident it turns out that the driver of such a vehicle has an expired diagnostic card and the technical inspection was not completed within the approved time frame, then the insurers will demand compensation from the client. The procedure is called a “regression claim” and is provided for by the law “On compulsory insurance of civil liability of vehicle owners” No. 40 of April 25, 2002.
To understand what a diagnostic card is and in what situations it will definitely be needed, it is necessary to consider the nuances of this phenomenon.
Diagnostic card - is it necessary in case of an accident in 2019?
In the event of an accident on the road, the vast majority of motorists prefer to shift at least part of the financial responsibility onto the shoulders of the insurance company. In case of an accident, do you need a diagnostic card or is an insurance policy enough? Will a compulsory motor liability insurance agreement be drawn up without a technical inspection document (MOT)? You will get answers to these questions in this article.
What is a diagnostic card
During maintenance, a complete diagnosis of all vehicle systems is carried out and their performance and compliance with safety requirements are determined.
Based on the results of the inspection, a diagnostic card is drawn up in electronic form and on paper in two copies. The document records information about the car, as well as information about its technical condition and readiness for use.
One of the written copies is given to the owner of the vehicle, and the second remains with the expert, who keeps it for two years.
The electronic document must be stored in the Unified Technical Information System (UAISTO) for at least five years. If the owner of a vehicle has lost or damaged his copy of the card, he has the right to receive a duplicate without paying a state fee.
Read more about how to get a duplicate diagnostic card in our article.
Maintenance and insurance
In order to carry out maintenance, the car owner can contact any accredited service center, providing his passport and car registration certificate.
As stated above, you will not receive an MTPL policy without a maintenance card. The insurer is obliged to insure your car, even if the technical inspection document expires tomorrow, which, however, does not relieve you of the obligation to conduct a scheduled inspection.
Is insurance valid without a technical inspection certificate in case of a traffic accident? In the case where the MTPL policy is valid while the validity period of the maintenance contract has expired, its owner, in most cases, will not suffer any punishment. Since currently, in case of an accident, traffic police officers only check the availability of insurance. For its absence, both the culprit and the victim will be fined.
There is no fine for the absence of a driving license, with the exception of vehicles for which a technical inspection is required once every 6 months. In addition, if at the time of the accident their diagnostic card is expired, the insurer has the right to file a recourse against the culprit of the accident in the amount of the payment. This rule does not apply to owners of vehicles whose maintenance is performed once every year or two.
Availability of a diagnostic card for an accident
In the event of an accident, the driver may have two documents - insurance and a vehicle inspection card. Is a technical inspection necessary in case of an accident if you have insurance, and is it enough to receive insurance compensation? Often a collision occurs when a car with a valid diagnostic card is involved in an accident, and the car is recognized as fully serviceable. However, the technical inspection revealed faults that caused the incident. In this situation, the insurer will not refuse to pay damages to the victim, but may submit a recourse claim to the service center that allowed the issuance of a document with false information.
If there is no diagnostic card for an accident or it is expired, the injured driver may well receive payments from compulsory motor liability insurance. The main thing is that the culprit has a valid insurance policy. In its absence, the damage will have to be recovered from the culprit himself. As already mentioned, the DC in this case is necessary only for vehicles that must undergo it every 6 months:
- buses;
- taxis, including minibuses;
- heavy vehicles.
And even then, the card is needed in this case only so that the drivers of such vehicles do not receive a fine from the traffic police or a recourse claim from the insurance company if they are at fault for the accident.
Payments under compulsory motor liability insurance must be made regardless of the presence or absence of a technical inspection certificate, both for the culprit and the injured party. It is not at all included in the list of documents that a victim of an accident must present to insurers to pay for damages in accordance with clause 44 of the OSAGO Insurance Rules dated 05/07/2003. If the insurance company refuses to pay for insurance if the culprit has a valid policy, then its actions must be appealed to the RSA or other authorities.
CASCO insurance
In the case of payments under CASCO insurance, it will be of great importance how the contract is drawn up, that is, what conditions and how are provided for in it. After all, if it states that a diagnostic inspection card is required to be present at the time of an accident, then the driver may be denied payment if this condition was not met.
What to check when checking out
A valid diagnostic card in the event of an accident is, of course, necessary for some types of vehicles (as mentioned above), but only if it is properly completed. All fields in the document must be filled in without exception.
The information must be completely reliable. When you receive your card, check that you have entered your vehicle registration details correctly. If a discrepancy is found, request correction. An error in one figure may be a reason for the insurer to refuse to fulfill its obligations. The card must have the stamp and signature of the maintenance operator.
Casco and diagnostic card: Video
A car enthusiast with over 20 years of driving experience. Higher technical education. Experienced copywriter, specializing in banking and technical topics.