Lack of diagnostic card in case of an accident
Is it possible to obtain compulsory motor liability insurance without a diagnostic card?
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Any emergency situation on the road is, first of all, unpleasant and, according to statistics, every third driver in our country encounters it. It is very important to ease this onerous registration procedure and discuss all issues with the insurance company so that no surprises occur in the future.
It is important to have a package of documents with you, without which this procedure will not be considered. What documents should be collected? First of all, we are talking about the diagnostic card of the vehicle.
OSAGO without technical inspection and diagnostic card
On the Internet, drivers often ask the question: is it possible to do OSAGO without a technical inspection or not? This topic has been and remains relevant, but in practice this issue is very controversial. In the article we will analyze the current legislation and consider in detail judicial practice in order to give a completely logical answer to it and summarize the results.
It is always necessary to start with the main thing, and today the main theme in the analyzed situation is that, in accordance with the current legislation, technical inspection for compulsory motor liability insurance is one of the important and at the same time key conditions due to which an insurance contract under compulsory motor liability insurance is subsequently concluded. That is, having a technical passport is a prerequisite. If the car does not pass it, then you will not be able to get a policy, everything is simple and logical.
In practice, this condition has always encountered other difficulties; in fact, the absence of a diagnostic card cannot be called a legal basis for not paying compensation.
Until recently, insurance organizations had the habit of handing out such policies left and right and you didn’t even have to undergo maintenance. Over time, during emergency situations on the road, problems and questions always arose regarding compensation for one reason or another, and all because the owner did not have a diagnostic card.
How is everything going now?
The next stage is a new practice, which began to actively operate in 2012 and 2013. During this time, drivers had the opportunity to learn new facts and try to improve their legal literacy. You could find this information on the Internet, or directly seek help from a qualified specialist.
As a result of this, numerous legal disputes with insurers, refusals to compensate for funds and references to the fact that under compulsory motor liability insurance the driver is not entitled to compensation. The result was a package of court decisions that were made in favor of the drivers.
In 2017, lawyers who specialize in such issues came up with a proposal to conclude an agreement on compulsory motor liability insurance with an insurance organization and do this even without a diagnostic card. But if an accident occurs, the driver will have a number of additional problems that will have to be solved soon. However, it is necessary to be consistent and not rush to conclusions.
You can get compulsory motor insurance without a technical inspection now without any problems, and you don’t have to look for any loopholes or come up with something new. Many insurers are able to issue a policy even without a diagnostic card, which is required by law. The most important thing for such organizations is to receive a bonus from each contract, which is due to the employee who contributed to its conclusion.
It is important to focus on the important fact that such consequences can adversely affect the car owner in the future.
If an emergency occurs on the road, you will not be able to simply prove that the vehicle was in good working order from a technical point of view. The absence of a diagnostic card will cast doubt on this fact. You may be found at fault for an accident, even if it was not your fault at all.
The insurance organization may refuse to pay you, since the “automobile title” was initially issued in violation of current legislation.
How will all events develop if you become hostage to an accident?
After a trial with the insurance company, you will have to seek help from a qualified lawyer who will advise you to use one of the options presented:
- In court, a concluded agreement with an insurance company can be recognized as valid. Then you can count on payment of compensation. Only there is one “but”, the insurance company may contact you and demand that you carry out the process of compensation for the losses caused as soon as possible, and you will probably be found guilty in the emergency situation;
- The court may recognize the contract with the insurance company as void, but from the outside it will be regarded as the fact that the driver does not have a compulsory motor liability insurance policy, and responsibility for the accident on the road will ultimately fall on your shoulders.
There are also many solutions through which insurance organizations punish for issuing a compulsory motor liability insurance policy and this happens without undergoing maintenance. The prosecutor's office should be involved in solving the problem, and only in such situations can the contract be declared invalid if there is no diagnostic card.
How to receive payments under CASCO and MTPL at the same time?
What to do if your MTPL payment is refused based on traceability, read here.
Another question arises: is it possible to do OSAGO without a technical inspection?
Usually in practice this happens quickly. Do I need a diagnostic card when applying for a policy? In fact, no, and most insurers do not have the right to require it from the driver.
On the other hand, you must understand that such a MTPL policy will be a void transaction, and this is possible if an accident occurred on the road surface, the insurers are obliged to pay you for the damage caused. Therefore, it is so important to undergo a technical inspection calmly, without unnecessary emotions and worries and the risk of incurring losses due to inaction.
OSAGO in case of an accident with an expired diagnostic card
According to the law, since 2015, a technical inspection coupon is not accepted for the procedure for issuing compulsory motor liability insurance, but instead a so-called diagnostic card is used. If we consider other situations, then the diagnostic card cannot be called a document obligatory for presentation anywhere.
The inspector may require you to show your MTPL insurance policy, and you must do so. Among the exceptions are only a number of cases when we are talking about a vehicle that transports passengers or some dangerous goods. According to current legislation, there is no provision for the presence of a diagnostic card in case of an accident on the road.
What happens if there is no map in case of an accident?
Insurance organizations are accustomed to requiring diagnostic cards in order to confirm the current condition of the car.
Typically, the policyholder is responsible for the serviceability of the vehicle, and if there is no diagnostic card that will confirm the serviceability of the car, problems may arise in the future with the payment of insurance funds.
The presence of paper, which confirms the serviceability of the car as a result of an accident, is not among the prerequisites for paying insurance to drivers. But if you still have a card, then the car owner must realize that payment in such situations falls entirely on his shoulders.
What to do if the diagnostic card is expired?
What to do if the card is no longer valid, but the policy period has not yet expired? In such cases, no penalties should be applied to the motorist. If it’s the other way around, the MTPL has expired, then you can’t count on insurance.
What are the validity periods of a diagnostic card in case of accidents:
- for cars that are younger than three years old it is not needed at all;
- if the car is between 3 and 7 years old – 2 years;
- if the vehicle is 7 years old or much older, then the validity period of the document will be only 1 year;
- vehicles that transport passengers or cargo are required to undergo technical inspection once every 6 months.
Usually, in case of an accident, the length of the diagnostic card plays a very important role, one might even say a key one. Insurers will not be able to place the blame on your shoulders.
How are payments made under compulsory motor liability insurance?
It is not necessary to present the diagnostic card to the insurer for review. The person responsible for the emergency must present the card; usually the police officers ask him to do so.
If there is no diagnostic card or its validity period expires, then a regressive requirement is put forward, according to which, if the driver of the car is the culprit of the accident, he will reimburse the insurer for all costs of paying insurance to the victims.
This penalty can be applied to car owners who undergo technical inspection once every 6 months. Such transport transports goods or passengers.
The insurance company has every right to demand payments from the maintenance operator as well. Such situations are possible only if the diagnostic card for a road accident does not contain data on the malfunction of the car, but in fact the car is in a faulty state and the operator who checked the vehicle allowed this to happen.
The absence of a diagnostic card for an accident cannot be a legal basis for refusal to pay compensation. However, the car owner may suffer a number of certain consequences for this.
It is worth mentioning the fact that without a diagnostic card based on the accident, the driver will not be able to prove that the car was in a faulty condition at the time of the accident. The fact can be designated as one of the weighty arguments that will allow the driver of the car to be recognized as the culprit of the incident.
If the registration of an MTPL policy is carried out without a document that serves as its confirmation, then the maintenance was carried out illegally. The driver may decide to sue the insurance company, but there is no guarantee that the damage will actually be paid.
Lack of diagnostic card and CASCO insurance payments
The absence of a diagnostic card in case of an accident may cause the insurance company to refuse to carry out the procedure for reimbursement of funds for car repairs. Much will depend on the insurer who issued the CASCO insurance.
It is important to review the contract with the utmost care and try, in the event of a conflict situation with the insurance company, to indicate that an important clause is missing.
The CASCO agreement may stipulate that the presence of a diagnostic card is a prerequisite, then you will definitely be left with nothing.
What are the features of the diagnostic card?
- This is a document that is issued by the maintenance operator at special inspection points and the DC is the result of a vehicle inspection;
- Thanks to him, it is possible to use this vehicle in places with busy traffic;
- Compulsory motor liability insurance is issued only after a diagnostic card has been presented, otherwise any contractual obligations with the insurance company may be invalidated;
- The card is not a document and does not have to be presented to the police inspector;
- In case of accidents, the presence of a card is not necessary, but if the driver was found to be at fault, the state of the vehicle at the time of the accident is specified;
- The card has an expiration date and this is a sufficient basis for issuing compulsory motor insurance before its expiration.
Availability of a diagnostic card for an accident
Buying a car is accompanied by obtaining a number of documents necessary for the owner in the future. You must always have with you: a driver's license, a registration certificate for a car, a trailer (if you have one). According to Article 2 of the Traffic Regulations, these papers must be presented to a police officer upon request. The rules and Federal Law No. 40 establish that the driver must have a compulsory motor liability insurance policy, except in cases where the car was purchased less than 10 days ago.
In addition, taxi workers must have a waybill and permission to transport people. Drivers with a disability and using a “disabled person” sign on their car must have documents with them that confirm their presence.
According to statistics, every third motorist has been involved in a traffic accident at least once in his life. Not everyone knows what actions to take during an accident, whether to provide documents for the car, or whether it is necessary to present a diagnostic card in case of an accident. Meanwhile, correct registration of an accident will help the driver receive insurance payments.
What is a diagnostic card?
According to Federal Law No. 170, Article 19, the diagnostic card is a document that reflects the level of operational safety of the machine. Contains the conclusion of a technical specialist, his signature, validity period or a list of faults that must be eliminated in order to obtain permission to drive a vehicle.
The diagnostic card usually takes the form of an A4 sheet. It is filled out in two copies, one of which goes to the technical specialist who carried out the inspection. The driver has another written option. In addition, a digital copy of the card is created, which is stored in the electronic technical inspection database for five years.
When the owner changes, the diagnostic card is valid until the end of the actual expiration date indicated on it. The coupon itself indicates the technical condition of the car, which contains 65 points. After checking with the inspector, it is filled out, signed and sealed by the organization.
In order to easily obtain an insurance policy for a vehicle, the driver must provide a diagnostic card. It is needed to synchronize with the policy. Otherwise, the issuance of compulsory motor liability insurance will be refused. You can avoid problems with the document if you update it in a timely manner and monitor the expiration date. Of course, it is not prohibited to keep a diagnostic card at home. But in order to avoid wasting time in case of accidents, it is better to carry it with you, like all other mandatory papers for the car.
Do you need a diagnostic card in case of an accident?
The legislation does not require the constant presence of a diagnostic card when a vehicle is involved in a road accident. Since it is tied to the car insurance policy, the traffic police inspector can find out the necessary information from it. If the vehicle is used to transport dangerous goods or passengers, then having a diagnostic card is mandatory on an ongoing basis.
A document confirming the passage of technical inspection is necessary to receive insurance payments for a car that was involved in an accident. If the diagnostic card is physically available or as a number indicated on the compulsory motor insurance policy, then the owner has nothing to worry about.
However, situations often arise when paper was purchased for money without a thorough inspection. If the car has faults that resulted in an accident, and a repeat inspection confirms this, then the owner may find himself without payments from the insurance company under compulsory motor liability insurance. She files a claim against the organization that issued the technical specifications for the faulty car.
To avoid a conflict situation with the MTPL insurance company, you must carefully check the data on the card. Don’t buy it, but go to trusted companies. The document itself must be filled out correctly, with stamps, signatures, and mandatory information about the car and its registration details. If there are inconsistencies with the requirements and filling rules, point out the errors to the operator and ask them to correct them.
Is MTPL insurance valid in case of an accident without technical inspection?
A motor vehicle insurance policy cannot be obtained without passing a technical inspection. However, this rule does not apply if the purchased car is no more than three years old (Federal Law 170, Article 15). Then obtaining a diagnostic card is not required and the owner can be issued an MTPL policy without it.
There is a well-functioning system that is used by companies issuing MTPL. If the driver does not want to undergo a technical inspection of the car, he is provided with a completed diagnostic card for an additional fee and sent to a technical inspection point. It is impossible to issue a conclusion without checking the car, therefore such actions are a direct violation of the law.
The validity of an MTPL policy without a diagnostic card number in the event of an accident is confirmed if:
- the car is exempt from undergoing technical inspection;
- the car is not used for mass transportation of passengers - as a taxi;
- the vehicle was produced less than three years ago;
- A trailer of up to three tons, which was registered by an individual, was involved in an accident.
Attention
In all other cases of absence of a diagnostic card in case of an accident, the motor insurance policy under compulsory motor liability insurance will not be valid, and the driver runs the risk of not receiving monetary compensation.
Passing an examination for emergency policy issuance can be done with the help of companies that engage in this activity. As a rule, the driver undergoes a quick superficial check and receives a diagnostic card within 10 minutes. Some enterprises do not inspect the car at all and issue documents based on the registration and provided technical data of the car.
In any case, if a driver gets into an accident without a technical inspection, he is unlikely to be able to receive a cash payment under compulsory motor liability insurance. Therefore, there is no need to delay carrying out a scheduled technical inspection.
Is CASCO insurance valid?
In addition to the mandatory receipt of compulsory motor liability insurance, the car owner can take advantage of voluntary insurance - CASCO. A CASCO car policy is different in that it protects the interests of the car owner in any case.
The cost of a CASCO policy is much higher than that of compulsory MTPL insurance, but CASCO also protects against a wider range of possible incidents. The owner himself chooses for which points he wants to insure the vehicle.
CASCO protects the car from the following situations:
- hijacking;
- damage to the car due to natural disasters, accidents, and other cases.
The policy does not work if at the time of the accident the driver was under the influence of alcohol or drugs, the accident or other actions were committed intentionally, and the localization of the incident was outside the borders of the Russian Federation.
It is worth reading the completed CASCO agreement carefully. Because the insurance company may refuse to pay if the driver committed a serious violation of traffic rules, which resulted in a large-scale accident. Moreover, if the owner does not have a valid diagnostic card with him, then it is very difficult to prove that the cause of the accident was not a malfunction of the vehicle. Therefore, the company may not compensate him for the damage.
Insurance organizations are attentive to the distribution of funds for CASCO payments as a result of an accident. They very often delay the transfer of compensation, coordinate and check the facts. For your own peace of mind, it is better to have valid technical inspection documents in hand. This will help speed up the insurance payment process.
What are the consequences of not having a diagnostic card in case of an accident?
At the moment, fines for failure to have a technical inspection of a car when involved in an accident have been abolished by law. But this only applies to vehicle owners who use the car exclusively for personal needs.
A fine of 500 to 800 rubles is charged:
- Taxi;
- buses;
- other types of vehicles intended for transporting people;
- vehicles transporting dangerous goods.
Despite the fines, vehicle owners still need to have valid technical documents. You do not need to take a diagnostic card with you - you will need it in order to obtain a compulsory car insurance policy.
The absence of a diagnostic card in case of an accident may lead to the filing of retaliatory claims from the insurance company (Article 14 of the Federal Law 40), which agreed to pay compensation. Moreover, if the culprit of the accident is the owner without technical inspection.
In cases where diagnostic documents were issued with false information about the condition of the vehicle in advance, the insurance company may file a claim against the organization that performed the inspection. It specifies requirements for monetary damages to the parties injured in the accident. In any case, after an accident, the insurance company assesses the technical condition of the car. Therefore, it is better to take care of checking the car in advance.
An expired diagnostic card for a victim in an accident
Inattentive car care and late checking of papers can lead to the delay of valid documents on technical diagnostics. During the inspection procedure, the suitability of the machine for operation is determined, including:
- steering;
- brakes;
- lighting, lanterns;
- electronics;
- engine;
- rubber and other car parts.
If there are any malfunctions, recommendations for elimination are given. In addition, information about the car is added to a single electronic database to make it easier for the owner to obtain an MTPL policy. Diagnostics must be performed annually.
Situations arise when a driver buys insurance with a valid technical inspection, but its expiration date expires faster than the policy. In this case, the driver must undergo a retest as soon as possible. The absence of a diagnostic card in case of an accident will entail an inspection of the car for malfunctions. As a result, a refusal to pay insurance compensation under MTPL may result.
In cases where a person who does not have maintenance becomes a victim in an accident, the company still pays him monetary compensation. This is because compulsory insurance is designed to protect the car owner from being at fault. That is, the victim is paid compensation by his insurance company, but the organization sends claims for damages to the place where the culprit motorist is registered.
Payments for insurance cases are regulated at the legislative level, by the law on compulsory motor liability insurance. It also states in Article 12 the conditions under which compensation for damage occurs:
- The accident caused damage only to cars.
- The number of participants in the incident is no more than two.
- Drivers have an MTPL policy.
If the injured party does not have a technical inspection sheet for an accident, and without it, a compulsory car insurance policy, then you need to contact the insurance company of the guilty party in the accident. The organization must pay compensation.
To summarize, we can highlight the features that characterize the technical inspection of a car. Owners who are concerned about the condition of their car need to ensure that they have a diagnostic certificate and compulsory MTPL insurance. This will save you from problems in case of an accident.
The nuances of having a diagnostic card in case of an accident include:
- Best before date.
- Not required to be presented to the traffic police inspector, thanks to changes made to the law.
- You don't need to have it with you all the time.
- Issued only at specialized technical inspection points after a full check of the vehicle.
- Documents the right to use a technically sound vehicle.
- Mandatory when taking out a compulsory motor liability insurance policy. Without it, the contract with the insurance company may be considered fictitious.
- The document does not require re-registration when the owner of the car changes. It is valid until its expiration date.
In situations where the diagnostic card is lost, you can use the right to restore it. According to Federal Law No. 170, the owner of the car contacts the company where the technical inspection was carried out or any other. Writes an application for a duplicate. Based on the information in the common electronic database, the specialist provides the driver with a document on the day of the application. The procedure is paid, but not more than 1/10 of the cost of a standard check.
In any case, having a technical inspection in case of an accident will protect the driver not only from problems with the insurance company, but also from sudden car problems.
Diagnostic card for a traffic accident
A traffic accident is an extremely unpleasant situation that, unfortunately, virtually every third driver faces. In order to make the painful procedure of registering an accident with an insurance company a little easier, you must have a package of certain documents with you. One of the documents that may be included in such a package is a vehicle diagnostic card. What kind of document is this? Is it necessary to always carry it with you? What are the consequences of not having a diagnostic card in case of an accident? The answer to these and other basic questions related to this topic can be found below.
What is a diagnostic card?
In essence, a diagnostic card is a document that is now issued in addition to a technical inspection coupon and is a kind of permission for the driver and his vehicle on the road. The diagnostic card is a document in A4 format, which can be printed either on plain paper or with the use of certain security marks. The card form contains a table with information on the results of checking all units, spare parts and components of the vehicle. When conducting a technical inspection (diagnosis of the technical condition of the car and spare parts), and determining the results of the inspection, data on the successful completion or failure of the technical inspection is entered. The following information must also be entered into the diagnostic card:
- a list of checked components, assemblies, spare parts of the machine and the result of the check;
- information about the owner of the vehicle;
- general information about the car. Category, car number, make, color, model, body type, etc.;
- information about the registration certificate, namely the number, series, date and name of the office that issued this document for the car;
- basic technical information about the vehicle. This includes mileage, tire condition and brand, gearbox type, brake system type;
- date of the next technical inspection of the car;
- mark on registration of the vehicle in the traffic police;
- seal.
Upon successful completion of the check, one copy of the actual document is given to the driver, and the second remains at the place where the vehicle was checked. Also, an electronic copy of the document remains in the unified technical inspection information system.
Do you need a diagnostic card in case of an accident?
Starting from August 2015, a technical inspection coupon is not accepted for issuing compulsory motor vehicle insurance; a diagnostic card is used instead. In other cases, the diagnostic card is not a mandatory document. When checking, the inspector only needs to present the MTPL insurance policy. The only exception is when it comes to vehicles carrying passengers or dangerous goods. The law also does not provide for the mandatory presence of a diagnostic card in case of a traffic accident.
What are the consequences of not having a card in case of a traffic accident?
To pay insurance, after registering an accident, the insurance agent may require a diagnostic card to confirm the condition of the car. Taking into account the fact that the policyholder bears full responsibility for the condition of the car. In the absence of a diagnostic card in case of a traffic accident, confirming the serviceability of the car, problems may arise with insurance payment.
Having a document confirming the serviceability of the car in case of an accident is essentially not a prerequisite for paying out insurance. But, without having a diagnostic card for a road accident, the car owner must be aware that paying for damages may fall entirely on his shoulders.
Accident with an expired diagnostic card
If the validity period of the diagnostic card has expired, but the period of validity of the compulsory motor liability insurance has not yet expired, no penalties can be applied to the motorist in case of an accident. Regarding insurance payments, an expired document is a reason for non-payment. If the validity period of the MTPL has expired, then the insurance will not be paid.
Validity period for a diagnostic card in case of an accident:
- not required for vehicles less than three years old;
- if the vehicle is from three to seven years old - two years;
- if the car is seven years old or older, the document is valid for one year;
- For vehicles that regularly transport cargo or passengers, a technical inspection is required once every six months.
That is, in the event of a traffic accident, the validity period of the diagnostic card, even if compulsory motor liability insurance is in effect, can play a very important role and give insurers a reason for non-payment of insurance compensation.
Payments under OSAGO
The diagnostic card is not a mandatory document to present to the insurer. Only the person responsible for the accident can request a document confirming the technical serviceability of the car. In turn, in the absence of a diagnostic card, or its expiration date, he will be presented with a recourse claim, to satisfy which the driver of the car who is the culprit must reimburse the insurer for the costs of paying insurance to the victims. A similar measure applies to car owners who undergo maintenance once every six months. That is, if the vehicle is used for regular transportation of people or goods.
In addition, the insurance company can also demand compensation for payments to victims of an accident from the maintenance operator. This situation is possible if the diagnostic card for a road accident indicates that there are no faults in the vehicle, but in fact the car involved in the road accident had technical problems. In this case, the responsibility lies with the person who signed the diagnostic card, namely the operator who checked the vehicle.
The absence of a diagnostic card in case of a traffic accident is not a legal basis for refusal to compensate for damages. However, there may still be consequences for the vehicle owner. To begin with, it is worth understanding that without a diagnostic card based on the accident, the driver will not be able to prove that his car was in good working order at the time of the accident. This fact, in turn, is a strong enough argument for recognizing this car owner as the culprit of the incident. In addition, issuing compulsory motor liability insurance without a document confirming the technical serviceability of the car is illegal. Even if the driver decides to sue the insurance company that refused compensation for the damage, the outcome for him will be far from rosy. In fact, the most likely situation will unfold like this:
- the contract between the car owner and the insurer will be recognized as valid and compensation will still be paid. But, since the driver will most likely be found guilty, the insurance company will be able to demand compensation for material payments;
- the court generally recognizes the contract as invalid, since it was drawn up in clear violation of the law. In this case, responsibility for the accident, and accordingly the financial obligation, falls entirely on the plaintiff.
Lack of diagnostic card and CASCO insurance payments
From the above, it can be understood that the absence of a diagnostic card in case of an accident, and subsequently insurance payments, can lead to the fact that the insurance company simply refuses to reimburse any funds for car repairs. However, this depends on the insurer who issued the CASCO insurance. It is worth re-reading the contract carefully, and if a conflict arises with the insurance company, point out that there is no clause about the need for diagnostic testing in the event of an accident. If the CASCO agreement stipulates that having a diagnostic card is mandatory, then most likely you will be left with nothing.
Peculiarities
So, what should a driver know about the diagnostic card?
- The DC is a document issued by the maintenance operator at inspection points based on the results of a complete check of the vehicle.
- DK essentially gives the owner the right to use this car in areas of heavy traffic.
- An MTPL policy can only be issued upon presentation of a diagnostic card, otherwise the contract with the insurance company may be declared invalid.
- When changing the owner of a vehicle (sale, transfer to a third party, etc.), re-issuance of the diagnostic card is not necessary and amendments are not made to it until the expiration date.
- The card is not a document required to be presented to the traffic police inspector.
- In the event of a traffic accident, it is not necessary to have a vehicle diagnostic card. However, the owner of the car may be found to be at fault for the accident, since there is no confirmation of the car’s serviceability.
- The CD has its own specific expiration date and is a sufficient basis for issuing compulsory motor liability insurance before its expiration.
What to do if there is no diagnostic card?
Registration of motor vehicle insurance involves a certain procedure, including obtaining a diagnostic card indicating the main parameters and condition of the vehicle. Before concluding an agreement with the insurer, the car owner undergoes a technical inspection and draws up a document indicating the suitability of the vehicle for use.
If the insurance period and the previous maintenance period have expired, drivers are wondering what to do if they do not have the diagnostic card required by the insurance company.
How to buy OSAGO without a diagnostic card
A diagnostic card is issued when checking the technical condition of a vehicle, confirming that the main parts, components, and systems of the vehicle are normal. For the insurance company, this document is a confirmation of the safe operation of the car on the roads and the low risk of accidents with insurance payments. The document is drawn up on A4 paper, and information with the results of the maintenance is transferred to a single database.
The problem of how to apply for compulsory motor liability insurance if there is no diagnostic card does not exist for owners of new cars. The law allows the vehicle to be used for the first three years after leaving the assembly line, exempting owners from the mandatory vehicle inspection procedure. This rule allows you to issue a motor vehicle insurance policy without prior maintenance. The risk of an accident due to a malfunction of a new car is minimal, and insurance payments for an accident are unlikely. A motorist can enter into a compulsory insurance contract with any insurer, since in this case it is possible to buy a compulsory motor liability insurance policy without a contract. The right to exemption from the annual vehicle inspection procedure is confirmed by information from the vehicle title - a company employee verifies information about the date of issue of the vehicle passport and calculates the exact age of the car at the time of application.
When checking your eligibility to renew your compulsory insurance policy, you should not rely on the date of purchase of the vehicle. In practice, a certain amount of time passes from the moment of production to the registration of purchase and sale.
As soon as the car’s age exceeds 3 years, the right to simplified insurance is lost. From now on, the car owner will have to confirm the technical suitability of the car for maintenance by drawing up the appropriate diagnostic card. Ideally, all law-abiding motorists are required to submit their car for inspection and only after entering information about compliance with safety requirements contact the insurer. But in fact, this rule is often not observed, and the companies themselves provide additional services for issuing a card for a fee.
Since you can apply for compulsory motor liability insurance if you don’t have a diagnostic card without much effort and without visiting a service point, many motorists use the services of insurance agents, preferring to pay immediately for insurance and inspection in one place. It turns out that even in this case, registration of a recreation center cannot be avoided.
The absence of a diagnostic card is an obstacle to obtaining a motor vehicle license. The motorist must independently arrange for a technical inspection. The concluded contract may contain a clause obliging the motorist to go to the service station immediately after concluding the insurance contract, but many car owners ignore this requirement without thinking about further consequences.
What to do if there is no DC in case of an accident
Having received a car insurance policy without undergoing maintenance, the driver can successfully operate the car until the moment when an accident occurs and compensation is required. In this case, the driver risks being left without compensation for repairs, since the rules for issuing a policy have been violated, and the contract will be cancelled.
If there is no diagnostic card for an accident, the motorist contacts his company that issued the policy with an application for insurance payment. However, the company has the right to refuse the request due to the fact that the policyholder has violated the procedure established by law. Like any commercial structure, an insurance company strives to make a profit using any acceptable means. For the insurer, issuing a policy without a diagnostic card allows you to receive a fee from the car owner, with the further possibility of refusing compensation on legal grounds. This fact casts doubt on the actual benefits of insurance without maintenance.
The situation is different if the auto liability policy was issued during the validity period of the diagnostic card, i.e., in essence, the legal procedure was followed. If at the time of the accident the validity of the diagnostic card has already expired, the insurer has no right to refuse compensation. The basis for issuing compensation is the validity period of the policy itself. However, the insurance company may try to challenge the validity of the payment if the driver has an expired diagnostic card at the time of the accident. The basis for refusal of compensation is the fact that the machine must undergo regular maintenance and technical inspection.
Since, according to the law on motor third party liability insurance, payment is provided only to the innocent party who has not violated the rules of operating the car, the absence of a valid diagnostic card makes it possible to evade fulfillment of obligations under the contract. Of course, if it is terminated. If not, the insurance company may well file a recourse claim.
The following information will help in case of an accident if the diagnostic card has expired on the date of the accident:
- Only the person responsible for the event will have to present a document confirming the completion of regular maintenance if the insurance company asks for it. However, the card is not one of the documents required for the insurance company.
- The company of the guilty party, which discovered that the card was invalid or completely missing at the time of the accident, pays compensation to the victims. However, then the insurer has the right to file a recourse claim for compensation for the costs of repairing the car of the innocent party. This rule applies to vehicles used for transportation, i.e., with mandatory inspection every six months.
Difficulties in communicating with the insurer can be avoided if the damage is minor and no one was injured in the accident. Some even prefer to pay for such damage to an innocent driver themselves in order to preserve the accumulated KBM.
What to do if there is no insurance policy for purchasing compulsory motor liability insurance, each driver decides based on the age of the car, the purpose of operation, as well as his own assessment of the risk of getting into an accident. If you decide to purchase a compulsory car insurance policy in the absence of a card, it is strongly recommended to undergo a technical inspection immediately after insurance. This will protect the driver from financial problems in the event of an insured event when compensation is required.
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.