Fake OSAGO policy judicial practice

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Fake MTPL policy. Consequences of invalid insurance in case of an accident

A participant in an accident may not even realize that he has a fake OSAGO policy. Next, we will talk about what consequences await participants in an accident if it turns out that the victim or person responsible for the accident has invalid or false insurance, with examples from judicial practice.

How to check if the MTPL policy is valid

We will not dwell in detail on how to distinguish a fake MTPL policy from a real one by appearance. Moreover, it can be difficult to identify a fake by eye and it is not always possible to carry out a quality check. Then how do you know if the policy is valid? You have the opportunity to check the validity of the insurance on the RSA website, where by entering the policy number you will receive information on it. However, as practice shows, the “correct status” of an MTPL policy according to the RSA does not mean the absence of problems, while at the same time, a policy status other than “correct” does not mean that insurance compensation cannot be achieved.

Fake OSAGO policy: liability

What happens to fake car insurance? If the MTPL policy is fake, who is responsible? These questions arise for those who have an invalid policy in their hands, as well as for those who are faced with the fact of a fake after an accident. It should be understood that the policy may be counterfeit or the policy form may be real but unauthorized, and the consequences may be different in different cases. Next, we will find out what happens when a participant in an accident has a fake or invalid MTPL policy.

What to do if your MTPL policy turns out to be fake and you get into an accident

Participants in road accidents, insurance companies, as well as courts, when considering disputes regarding compensation for losses in an accident with a fake policy, can be guided by the following.

An insurance policy is evidence confirming the conclusion of a contract of compulsory civil liability insurance for the owner of a vehicle, until proven otherwise. At the same time, a message from a professional association of insurers about the absence of data on an insurance policy in the automated information system of compulsory insurance does not in itself constitute unconditional evidence of failure to fulfill the obligation to conclude an insurance contract and must be assessed along with other evidence ( clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26 2017 N 58 “On the application by courts of legislation on compulsory insurance of civil liability of vehicle owners” ).

According to clause 7.1 of Article 15 of the Law on Compulsory Motor Liability Insurance, the insurer ensures control over the use of compulsory insurance policy forms by insurance brokers and insurance agents and is responsible for their unauthorized use, which means the paid or gratuitous transfer of a blank or completed insurance policy form to the owner of the vehicle without reflection in accordance with the established procedure, the fact of concluding a compulsory insurance contract, as well as distortion of information provided to the insurer about the terms of the compulsory insurance contract, reflected in the form of the insurance policy transferred to the policyholder.

The insurer who owned the insurance policy form that was unauthorized used is obliged, at its own expense, to compensate for the damage caused in order to make insurance compensation, with the exception of cases of theft of compulsory insurance insurance policy forms, provided that before the date of the insured event the insurer, insurance broker or insurance the agent contacted the authorized authorities with a statement about the theft of the forms.

Incomplete and (or) untimely transfer to the insurer of the insurance premium received by the insurance broker or insurance agent does not relieve the insurer from the need to fulfill obligations under the compulsory insurance agreement, including in cases of unauthorized use of compulsory insurance insurance policy forms.

A similar position was previously held by the Supreme Court ( Definition of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated July 19, 2016 N 57-KG16-5): “Unauthorized use of policy forms does not exempt the insurance company from fulfilling the contract, however, the insurance company is exempt from paying compensation if Before the insured event occurred, she contacted the police with a statement about the theft of policy forms.”

To resolve the dispute, it is important to establish the authenticity of the policy form (through an examination).

Thus, “if it is established that the insurance policy is counterfeit and there is no evidence confirming the conclusion of the MTPL agreement, the insurer cannot be charged with paying insurance compensation” (clause 16 of the Review of judicial practice on MTPL (approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016). )).

If after the accident it turns out that the participant in the accident has a fake MTPL policy, what to do will depend on whose policy turned out to be fake, as well as on whether the form turned out to be fake or genuine, but unauthorizedly used.

To receive compensation after an accident, you need to know: the MTPL policy is really fake or there has been unauthorized use of it

The victim has a fake MTPL policy

If the culprit of the accident does not have an MTPL policy, then the culprit will have to recover damages to the victim with a fake policy.

If the culprit of the accident has a valid MTPL policy, then the victim who has a fake policy will be able to receive insurance compensation. But can he receive compensation under direct damages or does he need to contact the at-fault party's insurance company?

If the policy is truly counterfeit (fake), then direct compensation for damage is impossible (Decision of the Volzhsky District Court of Saratov (Saratov Region) dated April 21, 2016 in case No. 2-1006/2016), the victim will have to contact the insurance company of the person responsible for the accident.

Sometimes the insurer of the culprit of the accident does not want to make a payment on the basis that no reliable data has been provided about the falsity of the victim’s policy, but the Court may side with the victim (Resolution of the Presidium of the Moscow Regional Court No. 44G-177/2018 dated July 11, 2018 in case No. 2-2626/2017).

The person at fault for the accident has a fake MTPL policy

As a rule, the victim finds out that the culprit of the accident has a fake MTPL policy or a policy that was unauthorized used when contacting the insurance company for direct compensation of losses (if he has a policy, even if the victim himself is not included in it) . When the victim does not have a compulsory motor liability insurance policy, he contacts the insurance company of the person responsible for the accident. If the victim is refused, he can go to court. At the same time, as can be seen from judicial practice, the possibility of obtaining insurance compensation depends on whether the policy of the culprit is recognized as counterfeit or unauthorized use.

The insurance company may refuse the victim on the basis that the person at fault has problems with the policy, for example, according to the database, the policy of the person at fault for the accident is damaged . If the expert opinion form itself is genuine and there is evidence that the person at fault for the accident entered into an insurance contract, then in this case there are no grounds for refusing direct compensation for losses (Decision of the Blagoveshchensky District Court (Republic of Bashkortostan) dated October 4, 2017 in case No. 2-587/ 2017).

If, according to the official website of the RSA, the policy of the person responsible for the accident is listed as “ destroyed ,” then insurance compensation, as a rule, can be obtained (Decision of the Belorechensky District Court (Krasnodar Territory) dated June 9, 2018 in case No. 2-713 /2018).

According to the insurance company, the policy of the person at fault for the accident may be lost (according to RCA data, it is listed as lost). However, the publication of information about the loss of a document is not a basis for releasing the insurer from liability for obligations based on insurance policies issued and signed by it, in the absence of information about the dishonest behavior of policyholders (Decision of the Issinsky District Court (Penza Region) dated December 18, 2015 in the case No. 2-97/2015).

The insurance company may claim that the at-fault party's policy is fraudulent because... According to the RSA data, it is listed as being owned by the insurer and there are no grounds for direct compensation for losses under the MTPL law. But when establishing the authenticity of the policy of the culprit, the insurance company is obliged to pay insurance compensation (Decision of the Oktyabrsky District Court of Arkhangelsk (Arkhangelsk Region) dated February 14, 2018 in case No. 2-3692/2017).

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

If the policy of the person at fault for the accident is really fake, i.e. If the form is false, then the culprit of the accident will have to compensate for the damage. In this case, the victim can send a pre-trial claim to the culprit, or can immediately go to court. The victim may demand compensation for damages from the culprit of the accident in the amount of the cost of restoration repairs without taking into account wear and tear, in some cases, loss of the marketable value of the car, as well as compensation for damage in the event of a complete loss of the car.

The person at fault for the accident has a fake MTPL policy: judicial practice

If the policy of the culprit is false, then the court, as a rule, makes a ruling in favor of the victim (Decision of the Naberezhnye Chelny City Court (Republic of Tatarstan) dated June 18, 2018 in case No. 2-12799/2017).

The culprit of the accident may agree with the claim and make payment without conducting an examination of the authenticity of the policy (Decision of the Volokolamsk City Court (Moscow Region) dated July 10, 2018 in case No. 2-840/2018).

When the culprit of the accident does not admit the claims, an examination may be needed. If the policy is found to be fake, then the person at fault for the accident will have to pay according to the court decision (Decision of the Klimovsky City Court (Moscow Region) dated July 31, 2017 in case No. 2-269/2017).

The culprit of an accident with an invalid MTPL policy who has compensated for the damage to the victim can go to court and make claims against the insurance agent from whom the invalid policy was purchased. The court may recognize the insurance contract as not concluded, recover from the person who sold the policy losses in the amount of damages compensated in case of an accident, unjust enrichment in the amount of the insurance premium paid by the culprit of the accident (Takhtamukaisky District Court (Republic of Adygea) dated July 6, 2018 in case No. 2- 1034/2018).

If you have problems obtaining compensation under compulsory motor liability insurance or collecting damages from the culprit of an accident, you can contact the specialists of this project for legal advice. Assistance will be provided by project participants and partners - practicing lawyers with extensive experience in this area of legal relations.

Thus, the possibility of insurance compensation, as well as its procedure, are often determined by establishing the authenticity of the auto insurance policy form. A fake MTPL policy held by the person responsible for the accident, as judicial practice shows, is the basis for refusal of insurance compensation, as a result of which the person responsible for the accident will have to compensate for the damage.

Helmet for MTPL

The Supreme Court clarified in what cases, if a car insurance policy turns out to be fake, the insurer must still pay for the damage.

There is a regular injection of fake policies into the car insurance market. When a fake is discovered after an accident, the insurer refuses to pay for repairs to the car.

After all, often the motorist who purchased such a policy turns out to be innocent. The fact is that the forms, as a rule, are filled out not by representatives of insurers, but by their agents, brokers, representatives and whatever you call them.

As a result, it turns out that the car owner purchased insurance, which the insurance company has no intention of providing to him. The form is fake. Or copied. Or hidden from the audit in time.

And the number of such incidents is growing. There was an accident. As a result, the driver who did not have insurance was found to be at fault. Or it exists, but it is illegal. What should a driver who has been injured do? Right. Go to court for compensation.

And this is where some pretty big problems arise. Where to find the culprit of the accident? Where can I find his address and where to send demands for payment? After all, the victim of an accident only has a form of a fake policy in his hands.

The Supreme Court has dealt with similar situations. And he gave clear recommendations. Explained when the insurer is obliged to compensate for damage, even if the person at fault has a fake policy.

Moreover, the decision of the Supreme Court clearly defines what is considered a counterfeit and what is considered dishonest work by the insurer.

The recipe is quite simple. When a car owner buys an MTPL policy at the company’s office, he is more or less protected from fraud.

But there are agents, brokers, and there are also completely unknown sales points for automobile citizenship near the registration departments of the traffic police.

Nobody knows what they will sell you as a compulsory motor liability insurance contract and the corresponding policy in these places. Therefore, you need to be careful about the documents. There are many ways to check the authenticity of a policy. For example, go to the website of the Russian Union of Insurers and find out which company this form was sent to.

After paying the money and concluding the contract, after some time you can find out whether this policy was sold and to whom, for which car.

But few people think of organizing such a check. The happiness from purchasing a car is off the charts. As a result, car owners are faced with the fact that a minor accident through no fault of theirs turns into a long-term headache.

Two drivers did not share the road in the North-West region of Russia. On November 21, 2014, the driver Versalov crashed into a car driven by the driver Bozhedarov. Both cars were damaged. Versalov was found to be the culprit in the accident. The cost of restoring Bozhedarov’s car was just under 60 thousand rubles.

According to the current rules, Bozhedarov turned to his insurance company for compensation for the damage.

After all, only two cars were damaged, both participants were insured under MTPL, there were no injuries.

But his company refused to pay him. Versalov's insurer stated that he did not sell such a policy to this person.

Moreover, a policy with the same number was sold in the Far Eastern region and belongs to another person with a different car.

Bozhedarov filed a claim for damages against Versalov himself. However, he was not lucky here either. The court of first instance did not recognize the validity of his claims.

However, the appellate instance on Versalov's complaint overturned the decision of the lower court. The appeal considered that the driver was insured and the insurance company should compensate for the damage.

At the same time, the court carefully studied the policy forms and found that the document purchased by Versalov may be counterfeit. The seal imprint bears a Taxpayer Identification Number (TIN), which has nothing to do with the insurance company.

The court even suggested ordering a forensic examination of the policy, but the participants in the process themselves refused this.

Nevertheless, the court considered that Versalov was not required to know all the intricacies of the MTPL forms. He bought the policy, which means the insurance company took responsibility. It seemed like a dead end.

However, Bozhedarov reached the Supreme Court, which turned out to have its own opinion on this matter. The Supreme Court decided that the appeal court was wrong. The MTPL policy is issued on a strict reporting form. These forms are sold to the insurance company, which distributes them to its agents and is responsible for them. If the form is not sold, the company must dispose of it and this must be reflected in the documents.

Unauthorized use of forms does not exempt the company from fulfilling the terms of the concluded agreement.

Except for one case: when the company contacted the police with a statement about the theft of this policy before the insured event occurred.

Since there is no evidence that the policy was fake, and no one bothered to investigate this, the insurance company must pay for this insured event.

The Supreme Court sent the case for a new trial. But this decision provides a clear explanation in which situation the insurance company compensates for the damage, and in which the culprit of the accident in civil proceedings.

If the culprit of the accident has a fake MTPL policy, contacting the insurer is useless. It is better to contact the police and then sue the culprit in court.

If the policy form is genuine, but the company did not sell it, the company must pay damages to the victim. Namely, we mean the following situation. If the form is genuine - that is, it was produced by Goznak for a specific insurance company and sold by any of the insurance agents or brokers, and no money was received by the insurance company, there is no reporting on this policy, and it is listed as lost, but the company before the Insured event filed a statement with the police that the form with this number was stolen, the victim will have to file a claim against the culprit.

You can check the authenticity of the policy right at the scene of the accident. Either through the RSA website, if the driver has a smartphone, or by calling the RSA or at least your insurance company.

Let us remind you that you can check the authenticity of the policy at the scene of an accident using a smartphone.

Traffic police officers have no restrictions on such checks at all.

Fraudsters have developed a new scheme for selling fake OSAGO policies

The trap that Russian motorists fall into. Three million drivers across the country drive with fake MTPL policies. Recently, the number of such fakes has increased sharply. However, many do not even suspect that they bought a fake document. But the penalty for an intentional or unwitting violation can be very high.

Getting into an accident, even a minor one, is unpleasant in itself. Plans are ruined, it will take time to draw up a protocol - I also dented the car, both for myself and for the second participant. But sometimes the problems don’t end there; it may suddenly become clear: your MTPL policy, which you thought you bought from an insurance company, turned out to be fake.

Another car crashed into Evgeny Bagdasarov’s car - it seemed like an ordinary accident, something that doesn’t happen to anyone. The insurance company initially compensated for the damage, but is now demanding the money back through the courts.

“The policy looked like a real one, it had a state sign and watermarks. In the end, it turned out that this policy was registered for another car and another person,” says Evgeny Bagdasarov.

Due to massive fraud, about three million drivers on the country's roads are already driving with a fake in the glove compartment - this is data from the Russian Union of Auto Insurers.

The scheme is simple. For example, Sergei received a call from supposedly insurance company agents who offered to take out a compulsory motor liability insurance policy. But in the new document the numbers were printed so crookedly that the year of issue turned out to be 1820. Complained to the company office.

“The employee asked me to dictate the series and number on the policy, I dictated, she said: “This series is invalid, they call my data - and what kind of phone and car, i.e. the scammers have everything about us!” — says Sergei Garmash.

Sellers of fake insurance don't seem to be afraid of anything. You can stumble upon them right on the street. Minibuses and motorhomes, where they offer compulsory motor vehicle insurance policies at low prices.

With the advent of the camera, the revelations of traders in roadside offices ended. The law punishes such fraud with five years in prison. This gang of scammers, who deceived dozens of car owners in the sale of policies, was detained by operatives in the Moscow region at the end of last year. In the office there are fake stamps, forms and computers with a client base.

“There are a whole bunch of people who once worked for the insurer as agents, brokers, intermediaries, but then these forms were either lost or stolen. Or, with the modern development of the printing business, it is possible, as they say, to simply produce a completely fake form, very similar to the real one,” explains auto lawyer Sergei Radko.

It’s even easier to get caught if you buy the policy electronically. There are dozens of websites on the Internet offering auto insurance for half the price—no paperwork required. For the experiment, we also placed an order, but instead of the car data we entered random numbers, in the “owner” column - the name of the hero of the film “Beware of the Car!” - Yuri Detochkin. After 20 minutes, the scammers not only drew the form, but also entered the non-existent car into the official database of car insurers. Even traffic inspectors have a hard time recognizing such a fake.

But if you start digging, it turns out that it is not our Detochkin’s car that is insured, but a certain motorcycle - and from another region. Beware not of the car, but of the low price for insurance.

“They make adjustments to this data, enter false information, deceiving the insurance company and the person. Most people buy on their own, falling for this canard, because there are no discounts for compulsory motor liability insurance,” explains RSA executive director Evgeniy Ufimtsev.

According to insurers, the only way to find out the authenticity of your MTPL policy is to call the insurance company’s office yourself. It is better to arrange it with a trusted agent or on the company’s official website in order to be insured against fraud.

Fake MTPL policy judicial practice

Hello, in this article we will try to answer the question “Fake insurance policy, judicial practice.” You can also consult with lawyers online for free directly on the website.

Even if it turns out that the driver did not know about the falsification of the document, based on current judicial practice, he is unlikely to remain innocent. At a minimum, you will have to prove the guilt of the seller or company.

Moreover, sometimes smart lawyers, having a forecast of the case, may not take money from you immediately, but only after winning the court and crediting the compensation to your account according to the writ of execution.

Fake OSAGO policy judicial practice

When an at-fault driver with a fake policy refuses to pay, damages can be recovered from him by force. The insurance company itself can apply to the judicial authorities with a claim for payments to the victim as a result of an accident if it is accused of issuing a fake policy. In this case, the culprit will have to pay compensation not only to the injured party, but also to the insurer.

Additionally you will need to present:

copy of passport;
own policy;
vehicle registration certificate;
driver license;
a resolution from the traffic police about the incident;
expert assessment data on the degree of damage to the car;
the results of a medical examination, the presence of injuries for which treatment is paid;
witness statements, videos, photographs confirming the plaintiff’s innocence;

Also in the draft review, the Supreme Court indicates that when determining the cost of repairs, the data from the RCA directories must be taken into account. However, if the expert establishes the presence in the directory of unjustified discrepancies in the direction of lowering the cost of spare parts compared to the market average, then the directories should not be used in this part.

I accidentally found out that I have been driving with a fake MTPL policy for 5 months now.
How to punish the person who issued the policy and return the money? Today, there are two main types of fake MTPL insurance policies, which anyone can purchase today. The first type is outright fakes, which are sometimes of extremely low quality and cannot withstand any criticism.

Reasons for the spread of counterfeits

Moreover, the decision of the Supreme Court clearly defines what is considered a counterfeit and what is considered dishonest work by the insurer.

To view publications that appeared on the Insurance Today website on a specific day, use the calendar on the current page. Here you can make a selection of articles from a specific publication.

Your testimony will be decisive, of course, if you say that you deliberately went to buy a fake policy and knew that it was not real, then this is already paragraph 3 of Article 327 of the Criminal Code of the Russian Federation, no matter how you look at it.

If the case is classified under this article, the driver faces a fine of eighty thousand rubles or correctional labor. However, in reality, the driver usually simply loses the fake policy and is subject to an administrative fine of eight hundred rubles for operating a vehicle that is not insured under compulsory motor liability insurance.

If the culprit has a real MTPL policy, then when the victim applies to the insurance company, his insurance company pays for the causer of harm, and if the culprit does not have a policy, then there is no one to pay for it except himself. This is a true story. As a result, the man admitted that he personally made corrections to the policy in order to ride with him a little more.

We will tell you further what the penalty for counterfeiting an MTPL policy is, and how to distinguish a fake MTPL policy from a real one.

It is worth noting that criminal penalties can only be applied to persons using completely fake auto insurance policies. Owners of original policies of bankrupt companies are only subject to a refusal to pay insurance compensation.

The skill of fraudsters creates additional difficulties in recognizing fake documents. Not only the form itself can be false, but also the details included in it from lost or already written off policies.

And it will be proven only if you give a sincere confession, that is, admit in writing that you knew that the policy was fake and you used it for its intended purpose contrary to the law.

The situation is still under control and compensation is possible. First of all, you need to figure out what the inspector who files a traffic accident should do. It is not entirely within his authority to determine whether a policy is fake, but he is obliged to check and record the policy data.

And it will be proven only if you give a sincere confession, that is, admit in writing that you knew that the policy was fake and you used it for its intended purpose contrary to the law.

Judicial practice in the overwhelming majority of cases was on the side of the owner of the false policy. Courts often accept as appropriate evidence a copy of a fake policy in the absence of a receipt (or a copy thereof) for the insurance premium. The court proceeds from the consumer’s lack of special knowledge about the properties and characteristics of the product, neglecting the norms of the Civil Code of the Russian Federation.

Liability for a fake MTPL insurance policy

Most often, novice drivers become the owners of counterfeits, since they do not have enough experience and knowledge in the field of auto liability insurance. Experienced car owners are more careful when choosing an insurance company and purchasing a policy, based on their own and other people’s mistakes.

What threatens a person whose fake OSAGO policy is confiscated? And how to get out of this unpleasant situation without opening a criminal case, etc.?

The Supreme Court clarified in what cases, if a car insurance policy turns out to be fake, the insurer must still pay for the damage.

Moreover, in this situation it is not the culprit of the accident who suffers, but the one who received the damage. After all, it is he who is faced with the fact that his counterpart does not have a policy. And therefore, we have to look for the culprit and his address in order to file a claim. To submit to the court, you must have all the documents about the accident: a certificate in form 154 with the stamp of the traffic police (after October 20, 2017, such certificates are not issued, so if the accident occurred later, then the certificate is not needed), a diagram of the accident and a decision on the guilt of the second participant or definition. Next, you need to file a claim at the place of registration of the defendant, paying the state fee.

Pay attention to the form of the paper OSAGO policy - the policy number must be stamped on the paper, the relief can be felt with your fingers.

The basis for bringing the perpetrators to criminal liability is precisely the low price. If a person is a car owner, he knows how much a real OSAGO policy costs in his case.

What to do if you bought a fake OSAGO policy

Such a purchase has no consequences... exactly until a situation occurs where payment under compulsory motor liability insurance is required. Then the owner will face a trial to find the culprit.

But even if you disagree with a court decision, the law does not prohibit appealing it, filing appeals, or sending cassation appeals to the court.

There are often cases when the insurance company itself no longer exists and did not exist at the time the policy was issued. Simply invalid forms were used, or the organization’s license was revoked, and the client did not know about it. Therefore, checking the insurance company is the first important step.

What to do if the MTPL policy turns out to be fake?

But this only happens in cases where the policy form actually belongs to the insurance company indicated on it, but was lost or stolen and given to the driver by fraudsters. An important condition for receiving payment is that the insurance company should not have reported the loss or theft of policy forms to the police. Only then can you receive payment.

Recently, litigation over so-called illegitimate (fake) policies has become widespread. In some regions, courts ruled in favor of the owners of so-called fake policies. However, through joint efforts, insurers managed to turn the situation around and create positive judicial practice, which is now enshrined in the Review of the RF Armed Forces.

To avoid purchasing an illegal car insurance policy and causing further problems with law enforcement agencies, you should follow a few simple rules:

You should only purchase a car insurance policy at the official offices of major insurance companies.
Before purchasing a policy, it is necessary to check the validity of the documents permitting the activities of this company. As a rule, all the necessary information of this kind is contained in the consumer corner.
You can check the MTPL policy by number on the website of the insurance company, on the website of the Union of Insurers of Russia, and the validity of the license of this insurance company - on the website of the Central Bank of Russia.
After purchase, you should visually inspect the issued policy and compare it with the previous one. The thickness of the paper, anti-counterfeit elements, and the external design of both documents must match each other.

It is difficult to predict changes in the situation with fake policies, because This decision will also be subject to the release of forms with increased degrees of protection from 07/01/2016. Given the totality of these circumstances, the market for counterfeit policies will decline.

Which policy is fake?

You need to pay attention to the following nuances :

The quality of the paper used. In particular, its low density should give rise to suspicion.
In fakes, the word “owners” in the title is often replaced with “owner”.
Presence of RSA watermark. A fake may not have it, or it may be of poor quality.

There are often situations when the culprit cannot compensate for the harm caused. If you don’t have the money to buy a compulsory motor liability insurance policy, then what can we say about compensation. When filing a claim in court, the victim will be forced to pay all costs - state fees, services of an independent expert. And sometimes you have to wait a very long time for compensation from the guilty party; payments can reach 1000 rubles a month.

What to do if the person at fault for the accident has a fake (fake) OSAGO policy?

The Supreme Court review will contribute to both a change in judicial practice and a change in the market for counterfeit poles. Often, citizens know that they are purchasing a fake policy, and they do so with the understanding that the insurance company will still pay if a loss occurs. You can agree with the culprit not on direct monetary compensation for damage, but on an agreed upon time to repair your car at a specific service center. In this case, the culprit undertakes to pay the full cost of repairs. This also must be issued in the form of a receipt.

We didn’t expect it - the culprit of the accident has a fake MTPL policy

In 2019, according to RSA estimates, the number of requests from car owners for compensation for damage caused during an accident under false OSAGO policies increased. Experts say the main reason for this situation is the increased cost of car insurance services in Russia. What to do if the person at fault for an accident has a fake MTPL policy, and is it possible in this case to receive compensation for damage after being involved in an accident?

What to do - the culprit with a fake policy

Sometimes an additional nuisance awaits the victim of an accident: the person responsible for the collision turns out to have a fake policy or no insurance at all. It turns out that in the first case he was deceived by scammers, in the second he deliberately broke the law. The consequences for the culprit will be serious when an accident is recorded. But what about the victim? He can write a statement to his insurance company for compensation for harm. In practice, most often, car owners receive a refusal from an insurer who does not want to enter into legal proceedings and recover from the holder of a false policy the funds spent on paying for insurance to a client injured in an accident. Under such circumstances, you will have to act independently.

Lawyers who specialize in auto insurance recommend doing the following:

Go to the RSA (Union of Automobile Insurers) website and check the policy by registration number to see if it is in the database. You can also find out the necessary information by calling any insurance company and receiving a response from a specialist over the phone.
It may be necessary to request official confirmation from the RCA of the authenticity of the policy to accompany the application to the police or court.
Order an independent comprehensive examination of the damaged car to assess the damage caused and confirm the fact that the culprit of the accident is another driver.
Try to peacefully resolve the issue of paying for repairs by filing a pre-trial claim with the person at fault for the collision, who may not have known that his compulsory motor liability insurance is fake.
If the document number is listed in the database, then you can file a claim in court against the insurer, and not against the culprit of the collision, for compensation for damage as a result of the accident.
When the policy is invalid or fraudulent, the claim is filed only against the person at fault, because the insurance company will refuse to pay compensation.
If the document turns out to be genuine, but, for example, the company’s agent did not hand over a copy of it to the company on time, then compensation is required because the employee acted on behalf of the company. When filing a claim in court, it is quite possible to obtain insurance.

When a double policy appears in the case, it is much easier to collect compensation in such conditions. If the insurer responds negatively to the claim demanding compensation for damage, then the court will recognize the actions of the insurance company as unfounded, since the number and series of the policy coincide with a real existing document. By presenting a receipt for payment of the insurance premium, you can urgently demand compensation, since violations in the company’s accounting system cannot become a reason for refusing to pay the insurance. You can complain to the RSA and send a copy of the letter to the Central Bank of the Russian Federation so that they take action against the organization they supervise.

Every driver runs the risk of being the culprit of a collision between two or more cars. And you won’t envy him here. The law in this situation will still be on the side of the victim. Having a fake policy, the culprit will pay the compensation from his own funds, not to mention more serious consequences.

A few tips will help you avoid problems and receive an insurance premium after an accident:

Don’t take risks by trying to get a policy for less money or by forging a document yourself. You won’t be able to save money this way, but additional problems (including criminal prosecution) will result.
Do not believe advertising where the company announces the availability of obtaining compulsory motor insurance without passing a technical inspection, and also promises to update or issue a diagnostic card.
Find out information about the company you are going to contact on the Internet, read reviews about its work. Doing this today will not be difficult and will not take much time.
Do not purchase policies from offices that have no connection with the insurance company whose name is indicated on the document.

How to spot a fake

The policy is considered invalid:

issued on a false form;
purchased from a company with a revoked license;
expired;
when the date of issue was adjusted;
The document details are taken from the original (written off, lost).

You can distinguish a fake by visually examining the MTPL policy of the person responsible for the incident. So, the original has the following features:

the form is approximately 10 cm longer than a regular A4 sheet;
on the front side, over the entire area of the document, there is a thin mesh of a bluish tint, a pattern in the form of tiny ring-shaped sections;
when examined in the light, the logo with the emblem of the Union of Motor Insurers and watermarks will be visible;
on the back side on the right there is a metal strip;
patches of reddish fibers may be clearly visible on the leaf;
the paint that was used to make the form should not leave any marks on your hands;
the number is easily palpable, as it has a convex structure, is always located at the top right, and consists of 10 digits;
the series is represented by three identical letters EEE;

In addition, each policy has its own QR code, which, when scanned, opens a page in the PCA database with information about the driver and the insured car.

Reliable insurers with a high rating on their resources provide clients with the opportunity to verify the authenticity of issued documents by number, series and date of issue on the RSA website.

Don't be afraid to ask the at-fault party for a policy to make sure it's not fraudulent. If the driver really has the original policy, then it will not be difficult for him to transfer it to you.

How to get a refund if the OSAGO is fake

Sometimes conscious culprits, feeling that they are wrong, admit that the insurance is fake, try to come to an agreement with the victim, agree to pay the required amount and transfer the money almost immediately.

If at the time of the accident the culprit of the incident does not have money with him, but he managed to resolve the issue of the amount of damage with the victim, he writes a receipt indicating the following information:

admission of guilt in the accident, date and time of the collision, names of participants;
passport details;
the amount of damage in figures and words and the obligation to pay it;
deadlines for payment of compensation or installment payment period;
date of receipt and personal signature.

Instead of handing over money, the culprit can pay for the restoration of the car at a service center. This fact is also indicated in the receipt.

Receiving compensation payments from RSA

If you cause harm to your health, you can count on compensation from RSA. You will need to write an application requesting an inspection, identification of a counterfeit, and issuance of written confirmation that the policy of the person responsible for the accident is not genuine. Thanks to the presence of such paper, the application will be considered faster.

Additionally you will need to present:

copy of passport;
own policy;
vehicle registration certificate;
driver license;
a resolution from the traffic police about the incident;
expert assessment data on the degree of damage to the car;
the results of a medical examination, the presence of injuries for which treatment is paid;
witness statements, videos, photographs confirming the plaintiff’s innocence;

The following expenses of victims who are citizens of Russia are subject to compensation from RSA:

possible income that was lost as a result of being involved in an accident;
treatment, dietary nutrition, purchase of medications;
prosthetic surgery and rehabilitation;
a trip to a sanatorium for recovery;
purchase of special transport;
retraining, obtaining a new profession.

The amount of payments depends on the amount of earnings and expenses for medical procedures.

Receiving insurance compensation from a company is legally permitted even under a false policy, if it turns out that the form belongs to the insurance company, but was lost or stolen, but the company did not report this to the police. The scammers obtained this form and gave it to the car owner. If he is listed in the database, then you can safely go to court.

Arbitrage practice

Judges are increasingly called upon to hear claims related to auto insurance fraud. It may be impossible to obtain compensation for damage if the driver purchased a fake MTPL policy; modern judicial practice includes many similar cases. The court considers this problem based on the motives for the violations and the consequences that they entailed.

Let us give one of the most common examples when a victim was injured as a result of a road accident and applied for compensation for damages from the insurer, whose client is the person responsible for the accident. Suddenly he receives a message from the insurance company with a refusal for the reason that the car owner’s policy turned out to be fake. This fact, after verification, was also confirmed by RSA. Then the victim decided to go to court to recover compensation from the company. But even there they refused to satisfy his demands, since the insurer and the car owner are not bound by any obligations with each other.

Then the claim was filed again by the victim, but against the at-fault driver. Finally, the judge made a decision to pay compensation in the amount of 100 thousand rubles. However, due to mitigating circumstances, instead of bringing criminal charges, the perpetrator of the collision was fined 800 rubles. It turns out that he was also considered a victim because the scammers sold him an invalid policy.

Another case where the owner of the car did not know until the time of the accident that his insurance was fake. The fraudsters, as well as the non-existent insurer, could not be found, but the drivers were able to agree on compensation for car repair costs. Due to mitigating circumstances, the culprit did not suffer significant punishment.

In order to pay compensation under compulsory motor liability insurance, the insurer will need to do a lot of work to investigate the circumstances of the incident and check the available documentation. If there is even a minor reason, the compensation procedure is suspended. However, having the necessary information, you can always achieve compensation for damage in an accident. This is not always easy, but if you try, the problem can be solved positively.