Accidents are unpleasant events for any car owner. They can lead not only to material damage to cars, but even to harm the health or life of citizens. Most often minor accidents result in damage to cars. If both participants have valid OSAGO policies, the car is repaired at the expense of the insurance company. But it’s important to know what to do if the culprit of the accident does not have compulsory motor third-party liability insurance. Under such conditions, the second participant will have to collect funds directly from this citizen. The procedure can be carried out peacefully or by judicial means.
How often do such accidents occur?
If a citizen drives a car without an insurance policy, then this is a serious offense for which a fine of 500 to 800 rubles is paid. For some car owners, this amount is not too significant, so often they just pay fines and do not think about the need to purchase a CTP policy.
Increasingly, one has to face the fact that the culprits of an accident do not have compulsory insurance. This situation has many negative features:
- the damage is not covered by the insurance company, but by the personal savings of the culprit of the accident;
- most often, citizens refuse to voluntarily compensate for the damage caused, therefore they have to go to court to forcibly recover funds;
- if a person does not have valuable property and official income, then even bailiffs will not be able to get money from him;
- the collection procedure may take many years.
Because of these many problems, OSAGO insurance is required for each car owner.
Ways to solve the problem
Difficulties from the lack of compulsory motor third-party liability insurance arise directly from the injured party, since it is rather difficult to get compensation for the damage received. If the culprit of the accident does not have CTP, then the problem of compensation for damage can be solved in different ways:
- peaceful resolution of the issue, for which the car owner decides to pay compensation without contacting the traffic police;
- official registration of the accident, after which the amount necessary to cover the damage is paid voluntarily by the culprit, for which a car must first be assessed;
- the victim’s appeal to the court, as the second participant in the accident refuses to voluntarily pay compensation.
Most often, under such conditions, trials are held. This is due to the fact that if the culprit of the accident does not have compulsory motor third-party liability insurance, then usually he has problems with finances, therefore, difficulties arise in paying compensation.
In the absence of a policy, it will not be possible to use the standard method of compensation for damage, which involves contacting an insurance company. In addition, it is impossible to draw up a Euro-protocol, since the registration of this document requires the presence of a valid policy for both participants in the accident.
Rules for voluntary damages
Some culprits of the accident are aware of their guilt in the accident, so they are trying in a peaceful way to solve the problem. To do this, they offer directly at the scene of the accident to pay the second participant in an accident the optimal amount of funds needed to repair the car. This method is common if the culprit of the accident does not have compulsory motor third-party liability insurance. In this case, it is desirable to take into account some significant points:
- optimally receive direct compensation at the scene of the accident from the culprit only in the presence of minor damage;
- if traffic police officers are not called, the perpetrator will not be held liable for the lack of an insurance policy;
- often a citizen does not have the necessary amount of money with him, so he can ask for a delay, but under such conditions it is necessary to draw up a receipt, obtain information about the contact information of the culprit, and correctly and in detail record all the damages caused to the car in an accident;
- It is advisable to record directly on video how a citizen undertakes to pay a certain amount of funds in the form of compensation to another participant in an accident;
- it is recommended to immediately insist on receiving compensation, since in the future, even through a court, it will be difficult to recover funds by force;
- in the absence of the required amount from the citizen, you can take any valuable thing as collateral, which is certainly prescribed in the receipt;
- a significant disadvantage of this method is that it is practically impossible to determine exactly what damage was caused to the car, hidden damage may be detected in the future, but it will not be possible to recover additional funds from the culprit.
If the parties really decide to disperse peacefully, a receipt should be drawn up confirming the transfer of funds. Compensation for compulsory motor third-party liability insurance should not be received by the insurance company from the insurance company, therefore, it will not only have to pay the funds to the injured party, but also repair its own car at the expense of its savings.
The specifics of using pre-trial claims
If a citizen guilty of an accident refuses to pay the required amount directly at the scene of an accident, then the victim should initially use the pre-trial method of solving the problem. For this, on the basis of Art. 1064 Civil Code pretrial claim is made.
Since the culprit does not have OSAGO insurance, it makes no sense to contact the insurance company. Compensation can only be obtained from the immediate culprit of the accident.
What to do after an accident?
If the culprit of the accident does not have compulsory motor liability insurance, what should be done immediately after the accident? In order to properly arrange the accident, it is necessary to carry out certain sequential actions after the incident to the injured party. These include:
- after the accident, it is required to call the traffic police;
- you should make sure that all the information recorded by the traffic inspector in different documentation is correct, as errors can lead to problems with recovery;
- the protocol and the certificate of accident must contain information that the perpetrator does not have compulsory insurance;
- you should collect the maximum information about the car owner, which includes the data of his passport and information about the car, as well as contact information;
- if a citizen refuses to independently provide the necessary information, then it can be found in the incident report;
- Further, an independent examination of the car;
- after the pre-trial claim is formed to the culprit of the accident without compulsory motor third-party liability insurance.
If a citizen does not want to solve the problem peacefully, so he simply refuses to pay compensation, then the victim will have to go to court.
How is the auto examination carried out correctly?
If the culprit of the accident is not included in the CTP insurance policy or he simply does not have this document, then he must independently compensate the damage caused to another car owner. To do this, not only should the victim perform the correct actions, but also conduct an examination of the machine to determine how much should be recovered from the culprit.
The procedure is performed in different service centers or expert bureaus. Based on the assessment, a report is issued that lists all the damage to the vehicle.The optimum amount is given, which should be recovered from the culprit in order to make high-quality repairs.
The cost of such an assessment usually varies from 2 to 7 thousand rubles. In this case, the culprit of the accident should be informed in advance about the assessment being carried out, since he may be present in this process.
Rules for the formation of pre-trial claims
The claim method must be applied necessarily, since if the victim does not have evidence of an attempt to solve the problem by peaceful means, the court may refuse to accept the claim. Recovery from the culprit of an accident without compulsory motor third-party liability insurance compensation through pre-trial claims is carried out only if the document is correctly formed. The main nuances of this process include:
- the document clearly spells out the proposal to the culprit to independently pay the other amount to the other participant in the accident to cover the damage;
- it is indicated that when applying to the court a much larger amount of funds from legal expenses will be requested;
- a claim can be made in an arbitrary form or use samples;
- the document must list all the circumstances of the accident that exactly match the information from the protocol drawn up by the traffic inspector;
- it is not allowed to enter unnecessary information or even blame the culprit;
- It is advisable to leave references to regulations and documents related to the incident;
- the correct calculation of the amount of compensation is given;
- All associated costs are listed, which must be confirmed by official documents.
A claim is sent to the address of the culprit. To do this, use a registered letter with a description of the attachment. It is not recommended to mention compensation for non-pecuniary damage in the document, since it is usually not paid in the pre-trial way of solving the problem. Already when applying to the court, you can recover funds for these purposes.
Rules for filing a claim
If the culprit of the accident does not have compulsory insurance, then not only the injured party is faced with certain problems. MTPL repair is not compensated for the culprit of the accident, so he has to spend money on the restoration of both cars.
If within a month there is no answer to the pre-trial claim, or it is negative, then the injured party will have to apply to the court to collect money by force. It is advisable to initially find an experienced lawyer who will represent the interests of the victim in court. The rules for filing a claim include:
- an application is submitted to the court at the place of residence of the defendant;
- if the amount of compensation does not exceed 50 thousand rubles, then an application is submitted to the magistrate's court;
- if an amount of more than 50 thousand rubles is required, the proceedings are carried out in a district court;
- the lawsuit states that the MTPL insurance contract was not signed by the culprit of the accident, therefore it is impossible to apply for compensation to the insurance company;
- the application contains all the requirements of the plaintiff, therefore it is important to indicate the correct calculation of compensation;
- other documents confirming the legitimacy of the requirements are attached to the lawsuit, and this includes a certificate of an accident, a protocol drawn up by the traffic inspector and other papers confirming the defendant’s guilt in the accident;
- preparing an expert opinion;
- it is allowed to participate in the trial to involve a representative who must have a power of attorney certified by a notary;
- In addition, a receipt for payment of the fee and official confirmation that the citizen tried to resolve the issue in a pre-trial manner are additionally required.
If there are difficulties with the independent formation of the claim and the preparation of other documentation, then it is advisable to contact an experienced lawyer with this issue.
The nuances of making a claim
When forming a claim, it is not required to use any strictly established forms, so you can enter data in any form. But this takes into account the requirements of Art. 131 GIC. The main features of this document include:
- it contains the same information that is available in the pre-trial claim;
- a paragraph is included indicating an attempt by the applicant to resolve the issue in a pre-trial manner;
- the document must be divided into sequential and logical paragraphs, so the information should be provided logically and correctly so that the judge after reading the lawsuit understands the essence of the requirements;
- in addition to compensation for pecuniary damage, the plaintiff may demand compensation for moral damage.
The lawsuit should be filed within three years from the date of the accident. If necessary, you can contact a lawyer, this will allow you to file a lawsuit competently. If the court takes the side of the plaintiff, then after that the bailiffs are forcibly collecting funds from the defendant. For this, various measures may be used, represented by seizure of the property or accounts of the debtor. Therefore, if the culprit of the accident does not have compulsory motor third-party liability insurance, then this may cause him to have serious problems.
Conclusion
Under compulsory motor liability insurance, is compensation paid by insurance companies to the culprit of an accident? If the culprit does not have a compulsory policy, then the companies do not pay money, and even the injured party cannot count on compensation. Therefore, it is important to figure out how to recover funds from the direct car owner guilty of an accident.
Money may be paid by the culprit voluntarily or on the basis of a pre-trial claim. If a citizen refuses to transfer funds by these methods, a lawsuit is filed with the victims. For this, it is important to correctly draw up a statement of claim, and additionally, you can demand compensation for moral damage.