Limitation period for an accident against the culprit

Limitation period for road accidents

In judicial practice, the limitation period for road accidents is considered as general or special. Depending on the nature and consequences of the accident (damage to property, injuries of varying severity or death of participants), it may vary in one direction or another.

The general term refers to the standard period, which is 3 years and is classic in most cases of road accidents. This applies to situations when we are talking about claims against the direct culprit. If we talk about filing a claim against an insurance company, in this case the current limitation period is only 2 years. The countdown begins 1 month from the date the claim was sent to the insurer or from the date the applicant received a written refusal from this insurer. But at the same time, the statute of limitations for claims from the insurance company against the culprit of the accident is the same 3 years.

The special period may be increased or decreased, but does not exceed 15 years, unless the matter is terrorism. It all depends on the nature of the consequences of the accident.

What statute of limitations will be established for an accident against the culprit directly depends on whether we are interested in the moment of the offense committed or the date when the offender was notified of his crime of legal norms. Therefore, this period is divided into:

1. Time limit for directly bringing the perpetrator to administrative responsibility. This period is only 3 months and is intended to find the culprit. If he is not found during this time, the case is terminated due to the expiration of the period for involvement.
2. The period allowing for the recovery from the perpetrator of material compensation for damages in an accident for one or another harm caused to the health or property of the injured party. That is, we are talking about bringing to civil liability and the entire period in this case ranges from 3 to 10 years.

Road accident without injuries

In this case, we are talking purely about compensation for material damage on the part of the perpetrator and the statute of limitations is 3 years from the date of the registered accident.

During this entire period, the injured party has the right to file a claim against the perpetrator for monetary compensation in connection with the costs of:

• car evacuation;
• storage in a parking lot;
• car repairs that were not covered due to insurance limits;
• repair of the car in full if the culprit did not have a compulsory motor liability insurance policy.

The culprit of an accident, even without injuries, is in any case subject to administrative or criminal punishment (depending on the scale of the accident) and compensation for the insured event. Under the current scheme, the culprit’s insurance company can cover the damage to the victims, but then demand a recourse payment from its client.

Road accident with victims

Due to the need for detailed interviews with eyewitnesses and participants in road accidents, as well as the varying degrees of injuries suffered by victims, the investigation of such accidents can last up to 6 months. This period allows detailed medical examinations to be carried out to determine the exact level of severity of the injuries. For these reasons, the statute of limitations automatically increases by six months.

The duration of the statute of limitations in this case depends on the severity of the harm caused to the victim’s health and is: for mild injuries - 2 years, for moderate injuries - 6 years and for severe injuries - 10 years from the date of the accident.

IMPORTANT! Regardless of the established periods of 6 and 10 years, a victim who applies to the court for financial compensation for self-paid treatment can count on compensation for expenses only for a period not exceeding the last 3 years before the application.

Fatal accident

Regarded as a particularly serious crime. The pre-trial investigation is similar, as in the case of victims, and often lasts up to six months. The culprit is simultaneously brought to different types of liability, which have different statutes of limitations.

1. Criminal liability for death is unlimited.
2. Civil liability for material and moral damage caused:
   • claims for compensation for any material losses - 36 months from the date of the accident;
   • claims for compensation for moral damage - unlimited period.

Leaving the scene of an accident

In a situation where the culprit fled the scene of an accident, the statute of limitations is very short and is only 3 months if there are no injuries and 12 months otherwise. This behavior aggravates the driver’s guilt and provides for deprivation of rights for up to one and a half years or arrest for 15 days.

But the length of these terms does not mean that after 3 or 12 months, if the identity of the perpetrator has not been established, he automatically acquires the status of innocent. Only administrative liability for the violation itself is removed, but the obligation to fully compensate the material damage to the injured party does not go away.

While the traffic police is searching for the culprit, victims do not have the opportunity to file a claim for an accident. Therefore, the countdown of the period will begin only when the defendant is identified, and in total, the limitation period here does not exceed 10 years.

As judicial practice shows, such cases are still considered even after the official deadlines have expired.

Claims to the insurance company

In most cases, cars involved in an accident are insured under MTPL and even CASCO. But insurance companies are finding more and more reasons to evade mandatory payments. Before filing a claim for financial compensation, it is mandatory to submit a written claim to the insurance company. The insurer is given 30 calendar days to respond.

Regardless of whether a written refusal was received from the insurance company or it openly ignores the claim, the period begins to count from the first day after 30 days. If the company nevertheless made a payment, but not in the required amount, from the date of receipt of the payment.

The limitation period for both compulsory motor liability insurance after an accident and CASCO insurance is 2 years. The only difference is that the limitation period for CASCO insurance starts from the date of the accident.

Statute of limitations for compensation of material and moral damage

Regardless of the complexity of the nature of property damage, the statute of limitations for compensation for material damage from an accident is 3 years. This applies to compensation by both the culprit and the insurer. But when demanding compensation from the insurance company, the period begins to count from the date when an official refusal or payment in an underestimated amount was received.

The statute of limitations for claiming compensation for moral damages in an accident is unlimited. The most important thing is to convince the court that such damage was caused. As evidence, it is appropriate to use witness testimony, medical reports, and confirmation from the place of work.

Moral damage includes loss of ability to work, nervous shock, irreparable physical harm, minor dependents, and many others. The final amount of such compensation will be determined by the court.

The culprit of the accident has not been identified

A rather complex and ambiguous situation, during which it is impossible to obtain compensation under compulsory motor liability insurance. Insurance companies refuse to make payments due to the fact that they, in turn, have no one to demand compensation from. This is permitted by law throughout the entire period until the culprit is determined during the trial.

At the same time, CASCO assumes payments for the insured event of an accident, if this point was initially specified in the agreement. In most cases, payments are divided equally or, if the location of the perpetrator is unknown, the insurance company undertakes to cover the costs of the victim.

The statute of limitations is either 6 years (the period for searching for missing persons), or the standard 3 years if all participants in the accident are at the scene, but the culprit has not been identified for a number of reasons.

The limitation period is subject to extension or restoration. To do this, the court needs a corresponding statement and convincing supporting arguments that it was impossible to file a claim within the period provided by law. This could be evidence of a serious illness, a long business trip, etc.

Sample application for restoration of the statute of limitations:

In the Gagarinsky District Court of Moscow
Address: Moscow, st.
Donskaya, 11, building 1 Plaintiff: Tolmachev Anatoly Vasilievich
Address: 119049, Moscow, st.
Shukhova, 18 Defendant: Olga Aleksandrovna Gordun
Address: 119048, Moscow, st. Efremova, 3

APPLICATION
for restoration of the limitation period (general period)

On March 26, 2018, I filed a claim against O. A. Gordun for compensation for material damage received as a result of an accident on January 17, 2013.

At the time of filing the application, I had missed the statute of limitations, which for this type of dispute is 36 months. At the same time, I missed this deadline for a good reason - caring for my seriously ill elderly father.

Taking into account the above, guided by the requirements of Art. 205 of the Civil Code of the Russian Federation,

Recognize the reasons for missing the limitation period as valid and restore the limitation period.

1. A copy of the application.
2. Documents that confirm the validity of the reason for missing the limitation period.

Date “__”_______ ____
Signature _____________

Statute of limitations for road accidents - how to count it?

The legislation of the Russian Federation provides for a special period of time after an accident, during which he can obtain the necessary certificates, seek qualified legal assistance and file a claim to protect his rights.

This period is called the statute of limitations. This rule applies in most areas of law, including those related to road accidents. The period for restoration or extension of limitation is also standardized.

Statute of limitations for attracting the Code of Administrative Offenses

Administrative legislation is categorical in this regard: the maximum period for a decision on an administrative offense is two months. In the case before the court - three. The same applies to road incidents (Article 12.8; 12.24; 12.26; 12.27 (part 3); 12.30, part 2 of the Administrative Code).

Expiration of the statute of limitations for road accidents

The statute of limitations for road incidents is calculated as follows:

• from the moment the offense was committed,
• from the moment the alleged culprit is notified that he has broken the law and what he may face for it.

Strictly speaking, the period consists of two periods : the time for determining responsibility and the period for obtaining compensation from the culprit.

To the culprit of the accident

In the event of an accident, much depends on how the participants are insured. Payment for auto liability often fully covers both the damage incurred by the “iron horse” and the damage to the health of the victims. The upper limit of this payment is four hundred thousand rubles if we are talking about property and one hundred thousand more if it is about treatment. Anything beyond that is paid for out of pocket by the person responsible for the incident. And if he did not have a policy at all, the car owner will have to cover himself .

If the reckless driver agrees with the claims presented to him, but delays payment or does not pay it in full, he will first have to put forward a pre-trial claim, then file an application to the court.

If there were no casualties

If only cars were damaged in the incident, the limitation period is generally limited to three months . If there are injuries and even deaths, then the administrative liability here is one year .

In case of fleeing the scene of an accident

Everything is more complicated if the culprit fled the scene of the accident. Now the traffic police will have to establish his identity and legal status. The mere fact of leaving the scene of an accident is a violation for which you can lose your license for up to one and a half years .

If everything was limited to the driver’s cowardice, the standard statute of limitations applies: three months from the date of the incident. If someone is hurt - a year. During this time, the police must have time to determine who was driving and how serious his guilt was.

If the traffic police fails to do this, the car owner does not face liability, but he is obliged to compensate for material damage.

For an accident with an insurance company

Once the culprit and the circumstances of the accident have been established, victims can demand compensation for the damage caused to them - from the reckless driver himself or from the insurance company. According to statistics, only a fifth of all victims are satisfied with the amount received. A claim for material damage must be filed within three years . There is no time limit for moral damage .

Suspension

In Art. 202 of the Civil Code, it is indicated that the limitation period may be suspended if:

• extraordinary circumstances (force majeure) arose that prevented filing a lawsuit against the insurance company;
• the plaintiff is part of the Armed Forces of the Russian Federation, transferred to martial law;
• the law established a deferment of fulfillment of obligations—i.e. a moratorium has been established;
• The law regulating this relationship has been suspended.

If circumstances arose or continued to exist in the last six months of the limitation period, or this period is equal to six months or less than six months, then the running of the limitation period is suspended.

Interrupt

If the obligated person takes actions to acknowledge the debt, then the running of the limitation period is interrupted , and the running of the limitation period can be started anew after the break, but the period of time that elapsed before the break is not included in the new period, which is prescribed in Article 203 of the Civil Code.

Recovery

According to Art. 205 of the Civil Code, in some cases, a violated human right is subject to protection if the court recognizes a valid reason for missing the statute of limitations due to the following circumstances (serious illness, helpless state, illiteracy, etc.), then the missed statute of limitations can be restored.

The reasons for missing the limitation period may be considered valid if they occurred in the last six months of the limitation period, as well as if this period of time was less than six months or equal to six months during the limitation period.

Regression requirements

Insurance companies are generally reluctant to part with money. They conduct their own investigation, identifying the smallest details in order to find a reason to reduce compensation, or even refuse payment altogether. Also, insurers will not miss the opportunity to bring a recourse claim.

Most often, this happens if those wishing to make money staged an accident themselves, or the car owner grossly violated driving rules or insurance conditions. The insurance company is required to put forward recourse claims against car owners who were drunk or intoxicated by narcotic or toxic substances at the time of the incident. The insurance company has three years from the date the payment was made to the victim. If there were several, the countdown begins from the day of the last tranche.

CASCO and subrogation

Sometimes this happens: the culprit refuses the claim, citing valid CASCO insurance. The delighted driver, instead of writing down the citizen’s coordinates and maintaining contact with him, calmly drives away and forgets about the victim.

And then (not necessarily soon, maybe after a year and a half or two) he is called to court on a claim from the insurance company. The driver can no longer remember the circumstances or provide any evidence in his favor. You have to pay.

This option is absolutely legal (Article 965 of the Civil Code). The insurance company has the right to legally demand compensation under CASCO from the culprit. The limitation period here is three years . Towards the end of this period, when the driver has nothing to bring in his defense, they often bring a claim, because this way they can get more money.

A claim against the culprit without compulsory motor liability insurance is brought forward within three years from the date of the accident.

If the damage exceeds the limit under compulsory motor liability insurance

It often happens that the victim is not satisfied with 400 thousand rubles and tries to get more from the culprit. The procedure in this case is as follows: first, a pre-trial claim , then, if the car owner actively resists, a lawsuit is filed in court. The general limitation period here is three years . Therefore, when studying a claim and materials related to it, special attention is required to what particular circumstance the victim considers the starting point of the term.

In what cases can liability be avoided?

If something happens on the road, the owner of the car does not always face punishment.
Liability can be avoided in a number of cases:

• the car was considered stolen at the time of the accident;
• bad road (and that’s why the accident happened);
• the car was just purchased, but it turned out to have a hidden fault;
• The mechanics at the auto center carried out the repairs poorly.

But one should not think that the mere presence of such a circumstance means that nothing will happen to the car owner. In any case, the traffic police takes into account all the circumstances of the accident and acts based on the overall picture. Even if the road is covered with potholes, but the driver did not slow down when approaching the intersection and hit a pedestrian, the offender will have to be held accountable in full. The same applies to the situation when the car literally just came from the dealership, but the accident happened not because of the dishonesty of the manager, who kept silent about the defect, but because the driver ignored the red traffic light.

Everything must be done on time, including demanding protection of your rights. the statute of limitations ; this will allow them to defend their interests with minimal losses and eliminate the opportunity to profit from someone else’s legal illiteracy.

Useful video

Here you can learn about the right of recourse of the insurance company against the culprit of the accident:

How to correctly calculate the statute of limitations for road accidents

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According to Art. 196 of the Civil Code of the Russian Federation , the statute of limitations is considered to be a certain period allotted to a citizen to protect his rights in court, so that litigation does not last 10 years. It is useful to know the expiration of the statute of limitations for an accident if:

• The culprit's insurance company did not pay compensation in full or refused to pay;
• the damage has exceeded the coverage limit or the culprit does not have a compulsory motor liability insurance policy;
• the insurance company requires the driver to pay subrogation or subrogation.

The countdown of the period can begin from the day (Part 1 of Article 200 of the Civil Code of the Russian Federation)) when the person learned about the violation of his rights and about the entity against whom it is necessary to file a claim through the court.

Limitation period for an accident against the culprit

The limitation period against the culprit of an accident can be calculated from the moment the violation was committed or from the day the culprit was notified of the fact of violation of administrative rules. Such a period could serve as:

• to determine the punishment for the offender and bring him to justice;
• in order to have time to recover from the culprit financial payments for harm to health or damage to the victim’s vehicle.

In civil law there are two types of limitation periods:

• total period 3 years (part 1 of article 196 of the Civil Code of the Russian Federation). These include classic road accident cases;
• special term of up to 10 years (Part 2 of Article 196 of the Civil Code of the Russian Federation).

Compulsory motor liability insurance payments can cover damage caused by transport or the health of victims. But more and more expensive cars are appearing on the roads, and the liability of the insurance company is limited to a certain amount.

The worst option for the culprit would be if he did not have insurance with him at the time of the accident. Car owners without an insurance policy are common. Some drivers do not purchase a policy due to the high cost, while others do not have time to renew insurance or apply for it.

If the culprit of the accident was without an insurance policy at the time of the accident, then he will fully compensate for the damage.

In this case, he will have to pay all compensation for the damage caused. If he does not do this, then the victims have the right to file a pre-trial claim, and if this does not have any effect, a civil lawsuit. If the culprit refuses to pay compensation, it is necessary to conduct an examination and file a pre-trial claim. It should be accompanied by receipts for payment for repairs and the conclusion of a technical expert. If the dispute cannot be resolved, then within 3 years from the date of the accident the documents and the claim against the culprit of the accident are submitted to the court.

Download a sample claim

The statute of limitations for CASCO and OSAGO is 2 and 3 years, respectively. There is a special law 40-FZ regarding compulsory motor liability insurance, but there is no separate law regarding CASCO motor insurance. To determine the limitation period, one should rely on Art. 966 of the Civil Code of the Russian Federation , when the period is calculated from the date of the insured event.

No casualties

In the case of an administrative offense, the statute of limitations for a road accident without injuries under compulsory motor liability insurance is 3 months from the date of the accident. For administrative violations that did not cause harm to the innocent party, but only vehicles were damaged, cases are heard in the district court.

During this period, the injured party has the right to make a claim to the offender for monetary compensation related to the costs of:

• evacuation of the vehicle;
• storing a car in a parking lot;
• car repair if the offender did not have a compulsory motor liability insurance policy;
• car repairs not covered by the insurance limit.

The insurance company of the culprit, according to the current scheme, covers the damage to the innocent party, but after that has the right to demand recourse payment from the culprit.

With the victims

If there is an injury or death in an accident on the road, the person responsible will be charged with:

• administrative responsibility. The statute of limitations is 1 year;
• criminal liability. There is no limitation on the time period for holding someone accountable;
• civil liability for material and moral damage. Paid to the victim or relatives of the deceased.

Victim collision cases are legally heard in criminal court.

The general limitation period is not considered here, since cases where there are victims must be compensated every month. If the victim requests full compensation, he should know that the statute of limitations after an accident against the culprit and the amount of the amount will be determined by a court decision based on the income of the culprit. An injured person who was treated in a hospital at his own expense has the right to file a corresponding application within 3 years from the date of the collision, demanding compensation.

Statute of limitations for leaving the scene of an accident

Leaving the scene of an accident without a valid reason is considered an administrative offense, which is punishable by deprivation of rights for up to 1.5 years . If the culprit fled the scene of the accident in 2019, wanting to avoid responsibility, then he only made the situation worse. The traffic police will establish your identity, MTPL policy and rights.

The period of prosecution for this violation is established by the Administrative Code and is 3 months , if there were no victims. If there were victims, the period increases to 1 year .

If the insurance company and the identity of the culprit are not established, then there is no one to sue for compensation. As soon as the defendant becomes known, the statute of limitations on the claim begins to count from that moment. The total limitation period from the date of the accident should not exceed 10 years .

Statute of limitations for compensation for moral damage

For material damage, a claim can be brought within 3 years, and the statute of limitations for compensation for moral damage has no restrictions (Article 208 of the Civil Code of the Russian Federation). To substantiate claims, the following are suitable:

• medical documents;
• witness statements;
• certificate from work.

You can file a claim with the court for causing moral damage if the victim experienced physical or moral suffering as a result of a violation of his personal non-property or other intangible rights. For example, moral harm may be caused as a result of insult.

In a fatal accident

All fatal accidents are always dealt with in criminal court. Even if the relatives of the deceased did not file a statement with the police, a criminal case will be opened against the violator automatically.

Thus, according to Art. 208 of the Civil Code of the Russian Federation , if the health or life of the victim was damaged, then for this type of case the statute of limitations is limited.

The procedure for calculating the statute of limitations under the Code of Administrative Offenses

According to the provisions in Art. 4.8. The Code of Administrative Offenses of the Russian Federation regulates the rules for calculating the statute of limitations for administrative offenses.

The deadlines provided for by the Code of Administrative Offenses can be calculated in hours, days, days, months, years.

On the last day, the period calculated in days expires, and the period calculated in months ends on the date of the last month. A period calculated in years begins on the date and month of the last year. If the application was submitted to the court or an authorized person, it must be accepted before 24 hours of the last day of the limitation period, then the deadline will not be considered missed.

Valid reasons for missing the statute of limitations

A judge may reject a plaintiff's claim if it was filed late without good reason. Offenses should be resolved through the court when the culprit of the accident has fled and is not identified or is wanted.

The court does not have the right to leave a petition to skip the statute of limitations without consideration. If the deadline was missed without good reason, the court may decide to refuse. The court may consider the following to be valid reasons ( Article 205 of the Civil Code of the Russian Federation ):

• illness and hospitalization;
• helpless state (strong emotional agitation, the effects of medications, the effects of hypnosis);
• family circumstances (death of a loved one, need to care for a sick family member);
• ignorance of legislation or poor command of the Russian language by a citizen of a foreign state;
• personal circumstances (different place of residence, military service, serving a sentence in prison);
• long business trip.

An application to the court for missing the deadline for filing an application is drawn up in any form, but in compliance with the rules of execution.

Download a sample application for missing the statute of limitations

In the sample application for missing the statute of limitations, which can be obtained from the secretariat of the judicial authority, the name of the court and the full name of the plaintiff and defendant are entered in the upper right corner. The text of the application should indicate the expiration of the statute of limitations and the reasons. A copy of the application and documents confirming the pass must be attached to the claim. The date and signature are placed at the bottom.

Is it possible to restore the statute of limitations?

It will be important for the plaintiff to know that the statute of limitations can be restored. To do this, you should file a special claim with evidence demonstrating the legitimacy of the application, for example:

• confirm the interruption of the limitation period if the defendant previously recognized the plaintiff’s claims;
• evidence of the impossibility of filing a claim within the established time frame due to a long business trip or serious illness of the plaintiff.

The judge takes into account the circumstances that prevented the filing of the application within the six-month statute of limitations.

So, we can conclude that:

• the statute of limitations limits the period for filing an application with a judicial authority;
• the statute of limitations for causing moral damage, compensation for harm to health and life has no restrictions;
• material claims against the culprit are made within three years from the date of identification;
• claims against the insurance company are accepted within 2 or 3 years after the accident.

Also, only the defendant has the right to demand termination of the case if the plaintiff filed an application after the statute of limitations. If it has ended, this does not mean that the plaintiff will be denied consideration of the claim. The court does not have the right to indicate to the parties to the claim that the deadline for filing an application has been exceeded. Only the defendant has the right to declare the end of the due period and the unlawfulness of the plaintiff’s demands.

It is better for the defendant not to ignore court hearings so that the case is not considered without taking into account the deadlines for filing claims. Also, failure to appear will contribute to the consideration of the case not in his favor. In court, you can draw attention to the fact that the claim was filed in violation of the deadlines. There is a high probability that the case will be dismissed.

What is the statute of limitations for road accidents in various situations?

The statute of limitations for a road accident is the period allotted for transferring the issue of an accident to the court to protect and restore one’s own rights. The limitation period is controlled by legal acts and has clear boundaries. However, in some cases the period may be reduced or, conversely, increased. For drivers, the issue of limitation of actions is of particular value, since independent resolution of disputes is often delayed, and a citizen risks missing the moment to file a claim with the judicial authorities.

The essence of the concept of “limitation period”

The text of Article 195 of the Civil Code of Russia interprets the limitation period as a regulated period for filing a statement of claim with the judicial authorities in order to protect one’s own rights when they have been violated. Such a period is established for proceedings and restoration of justice through the law in any area of ​​human life.

In particular, if we consider situations related to road accidents, here the limitation period is the period given to the victim to go to court in order to compensate for the damage caused to him by the at-fault driver. At the same time, the question is very relevant, since in practice it has been found that even in the simplest accident, many disagreements arise between the parties regarding the degree of guilt, the circumstances of the incident and other issues. For this reason, disputes arise regarding insurance payments and the timing of compensation, which usually requires a visit to the court.

At the same time, often the real reason for appealing to higher authorities arises only after several years, and here the plaintiff is faced with the problem of the expired limitation period. To prevent this from happening, it is important to focus on deadlines.

Paragraph 196 of the Civil Code defines the boundaries of the period as follows:

• 3 years is the standard period;
• less or more than 3 years will constitute a special period regulated by relevant laws for individual situations and violations (the main role here is played by the subject of disputes);
• 10 years is the maximum period.

Accordingly, the statute of limitations for an accident against the culprit in most cases is 3 years . If the period is missed, the application may be denied. However, if there are good reasons, it is quite possible to extend the deadlines and still protect your rights, but this will be extremely difficult to implement.

How is it calculated?

The calculation of the period established for filing a claim occurs from the day the fact of the road accident is recorded. Another option is to calculate the period from the moment the victim learned that his rights were being grossly violated.

Limitation period for claims against the culprit of an accident

​Accidents on the road can be characterized by many factors, which will determine the period of limitation for filing an application with the judicial authorities. However, it is important to remember that before directly appealing to a higher authority, you should try to resolve the dispute out of court. If the car owner, recognized as the culprit of the incident, does not agree to a settlement, you can go to court.

The culprit does not have compulsory motor insurance

In fact, the reasons for the absence of compulsory motor liability insurance do not play a role in this situation. The culprit is obliged to compensate for property damage caused to the victim’s car. The latter will need to recover the amount directly from the initiator of the accident.

It is possible that the participants in the emergency will be able to reach an agreement peacefully. In another situation, the victim has the right to appeal to the court. As for specific figures, the statute of limitations against the culprit of an accident without insurance is 3 years from the date of the incident.

The amount of damage exceeded the insurance limit

The maximum payment under compulsory motor liability insurance to cover damage to property is 400 thousand rubles . If these funds are not enough to completely restore the victim’s car, the culprit is obliged to make up the difference from his own budget. However, in reality, citizens often avoid such obligations, which results in litigation.

The injured person in such a situation has the legal right to recover the missing amount from the guilty car owner. In addition, the victim’s insurer can also address this issue. In this case, the circulation period is fixed according to the standard and is still the same 3 years.

In addition, a claim for the recovery of other costs is allowed if it is proven that the costs were related to eliminating the consequences of the accident.

Accident without victims

Of course, there must be grounds to file a claim. These include refusal to provide compensation or payment of compensation in an amount that does not cover the costs of restoring the vehicle.

Damage to health

Road accidents, as a result of which citizens were injured, mutilated, or even died, are considered from the point of view of several legislative acts. The statute of limitations will depend specifically on the type of liability assigned to the culprit of the accident, as a result of whose actions third parties were harmed.

The time limit for filing a claim may be as follows:

• 1 year for administrative liability for non-compliance with movement rules, as a result of which people were injured or died;
• without restrictions, if we are talking about consideration of a case within the framework of the Criminal Code in connection with the infliction of serious damage to human health or the death of a citizen as a result of an accident;
• 3 years are allotted for filing a claim for compensation for material damage received by the victim or his relatives if the person died in an accident that was not his fault.

In the latter case we are talking about civil liability. Within the framework of such a claim, a claim for compensation for moral damage is also allowed. In such situations, the statute of limitations has no limits and a person can file a petition with the court at any time.

The culprit escaped

Cases when the culprit of an accident does not want to take responsibility for the offense and runs away from the scene of an accident occur quite often. Of course, the car owner thereby only aggravates his own situation. In this case, law enforcement agencies begin searching.

What should victims do in such cases? All that remains is to wait until the culprit is found. Moreover, the time frame for filing a claim in this case is quite short.

The period is:

• 3 months if there is an administrative offense and there is no fact of causing harm to health;
• 1 year if victims are identified.

If within the specified time frame the car owner who violated the rules is not found and the case is not submitted to the judicial authorities, any responsibility will be removed from the culprit. However, he is not exempt from the obligation to compensate for damages and will have to compensate the amount if found later.

Regression requirements

There is another point when a person found to be at fault for an accident may be sued. Moreover, the initiator of the proceedings in this case will be his own insurance company.

This happens immediately after compensation for damage to victims in the following cases:

• there was intent when causing the accident;
• the culprit grossly violated the insurance rules or the code of traffic rules;
• The at-fault car owner was in a state of intoxication at the time of the accident as a result of drinking alcoholic beverages or using drugs.

The latter option is an unambiguous basis for filing a claim. However, there are also time limits here - the statute of limitations for an accident against the culprit from the insurance company is the standard 3 years.

However, the calculation begins from the moment the obligations to the injured party are fulfilled. Simply put, from the date of payment of compensation or repair work.

Claim against insurance company

In addition to filing a claim with the judicial authorities against the direct initiator of the accident, there are cases when the victim does not agree with the actions of the insurance company of the culprit. This is possible in the following situations:

• payment by the insurance company of an incomplete amount of compensation;
• refusal to provide insurance to compensate for damage caused by their client.

And here it is worth explaining that the statute of limitations for resolving disputes with insurers is somewhat lower than in other cases. This is only 2 years.

The limitation period is calculated from the moment of occurrence of the grounds for recording the insured event. This fact will need to be proven in court by providing a traffic police report, European protocol or other paper.

The limitation period for claims related to disputes in the field of traffic accidents is practically no different from the standard periods. The period is 3 years. However, in the presence of special circumstances, the period can be extended or, conversely, shortened. In any case, do not forget that the best time to file a claim against the culprit of the accident is within the period established by the Civil Code of the Russian Federation. Otherwise, it will be necessary to prove the existence of valid reasons that act as an obstacle to compliance with the law.

Statute of limitations for road accidents

The statute of limitations for an accident, according to the general rule established by the Civil Code of the Russian Federation, is 3 years. In some cases it is not applied. One of them is the case of a road accident, it is stipulated that the limitation period does not apply to a claim for compensation for harm caused to the life or health of a citizen.

You should know that only claims brought after three years from the moment the right to compensation for damage by the culprit arose are satisfied for the past time no more than three years before the filing of the claim.

If a question on the topic of the statute of limitations for road accidents has led to a dead end, the advice of the site’s lawyers will help solve it.

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