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Got into an accident without insurance: features, consequences and a fine

Unfortunately, road accidents are quite frequent incidents. It is good if the driver has an insurance policy. In this case, all the consequences of the accident will be fully or partially covered by the insurance. But what if I got into an accident without insurance? After all, it is quite possible that the insurance simply expired, and the driver did not have time to renew it, or the policy was seasonal. The necessary information is presented below.

Who determines the degree of guilt of the accident participant?

So, imagine the situation: a car without insurance got into an accident. The outcome largely depends on what the incident is. A standard case is an accident of two cars.

The participant needs to know that even if the fault is visible clearly, this does not mean 100% of its statement. You should not immediately declare your guilt to everyone - it could be different. So, if the other participants in the accident are not traffic police officers and are not car experts, they will not be able to accurately identify the culprit or degree of guilt. got into an accident without insurance

Most often, this will be nothing more than an approximate picture of events. From the experience of such incidents, it can be distinguished that each side has its own history of what happened, which means that only traffic police inspectors can make the most accurate conclusion, and even then - after a thorough examination of the place.

Preliminary detention from employees will be able to determine the fault. No other documents, even drawn up locally, will be able to determine it on their own.

If a serious accident has been committed, the exact fault can only be determined in court. But only when the potential culprit will not immediately assume all responsibility. By this action, the accident participant changes his status to the established one. This must be taken into account if you get into an accident without insurance. If the participant does not agree with everything, then do not immediately pay the fine.

Action options

The general rules for such a case suggest that the culprit fully compensates the victims for their damage on their own. This is the main thing, and it works. But only when there were no aggravating circumstances in the accident, death of participants or third parties.

There are two options - to exhaust the incident privately directly on the spot or to solve all problems in an official way with the help of traffic police inspectors. had an accident without insurance fine

If the consequences of the accident are not catastrophic, the equipment is practically intact or has medium damage, if people have not suffered, then all problems can be solved on the spot without the involvement of law enforcement agencies.

If the consequences are severe enough, the cars are badly damaged, significant damage to the health of the participants, and the parties do not agree with the determination of guilt or the amount of compensation, then it is necessary to call the traffic police in order to officially declare an accident.

On-site solution without inspectors

If you got into an accident without insurance and it is clearly visible that the driver will be to blame for the accident without insurance, then doing so is the best option. However, they do this only when the victim agrees to this method of resolving the issue and does not present clearly excessive claims for compensation that are difficult or impossible to fulfill. got into an accident without insurance what to do

If the victims after the inspection agree to resolve the issue of damage on their own, it is recommended to fix the place in the video and photo, fix the damage, remove the cars from the road and already on the side of the road in more detail to investigate and resolve the issue.

After the damage assessment has been carried out, you need to agree with the victim about the required amount and pay it on the spot, be sure to require a receipt for cash. It should also indicate that the injured party no longer claims.

If it is difficult to assess the damage, it is recommended to evacuate or drive the car to the service station, where specialists can accurately assess the degree of damage. If the agreed amount is not available, then you can pay part of it, leaving a deposit and a receipt, which will indicate the time and place of the remaining cash.

Official accident design: flaws

If an agreement was not reached privately and the incident could not be exhausted, then an official move would have to be made. It may not be so expensive in terms of money, but much more time and nerves are spent if the car got into an accident without insurance.

Among the disadvantages of this method (given the lack of a liability insurance policy), one can single out a fine for operating a car without compulsory motor liability insurance. The amount is 800 rubles. You will also have to pay for an accident. By the nature of the violations, as well as the totality of them, the guilty person will be fined, the tariffs of which are provided for in the SDA, in chapter 12. It contains 37 different violations. The amount of fines can be quite substantial. If the inspectors find signs of intoxication, then the amount may be 30 thousand rubles or more. Also, in addition to a fine, the culprit may be subject to certain sanctions. For example, deprivation of rights. car without insurance got into an accident

As for the amount of payments, if you got into an accident without insurance and the proceedings are official, this amount is more - additional costs are charged. So, this is legal support, examination, other services. If the case goes to court, then there may be other payments.

The only advantage of formalizing

A plus for a motorist without insurance is a chance that the investigation will be objective and that compensation will be fair. The victim can voice over claims, and the examination will show accurate data. The court may take this into account and reduce the amount of compensation.

The official move - what is it?

Many people think that giving the case an official move means filing a lawsuit. But this is not so. The first step is to formalize the accident in order to receive documents that will then be used in court. the car got into an accident without insurance

Documents are needed not only to the injured party, but also to the culprit if he got into an accident without insurance. It is best to immediately take them to the inspector at the scene of the accident. Usually they give a certificate, but it is recommended to require a copy of the accident scheme, an administrative offense report, and a medical examination certificate.

If the inspector fills out documents with an incorrect reflection of the facts, then you can write in the explanation the position of the potential culprit along with a list of violations that the inspector committed. You can also refuse to sign the protocol.

It is necessary to try to write everything down - verbally it will not work to prove something. Any information should be recorded in the relevant documents.

Technical examination of the victim’s car

The injured party will undergo a technical examination. The culprit for this examination should also be invited by telegram. In the process of paperwork, you need to specify the address, otherwise the telegram will not reach. You can’t be absent from the examination. It begins at the time indicated in the telegram.

Prejudicial claims of the injured party

So, if a situation arose when he got into an accident without insurance, what to do next? And then the victim will deliver a pre-trial claim to the address of the perpetrator in a letter. In it, he must accurately reflect all the circumstances of the accident, as well as indicate the points for which compensation is necessary. If the culprit agrees, then you can pay compensation and calm down. If there is no agreement, then you should prepare for court.

Legal action by injured party

A court needs a lawyer.If the case goes to a loss, and in the lawsuit, the costs of the guilty party will be hanged, it is better to convince the judge of material insolvency and apply for a reduction in the amount of compensation. if you got into an accident without insurance what to do

If the court notices an overestimated amount of compensation, or if the guilty party is not completely at fault, then the plaintiff may refuse. The decision may be such that the cars must be restored at the personal expense of each owner.

Important nuances for the culprit

You have an accident without insurance. What threatens? The participant may be responsible for an accident without direct fault. Compensation is based on the articles of the civil code. The main article here is 1064. In addition to it, paragraph 1079. The last article states that the damage and harm caused by the car even without the participation of the perpetrator will have to be compensated to the owner of the car.

Tips

If you have an accident without insurance, you still have to pay the fine. But do not be rude to the victim. He will definitely use this in court. If there is no serious damage, you do not need to leave the car on the track. It is necessary to fix the situation, and remove the cars and wait for the inspectors. got into an accident without insurance that threatens

Also, do not retroactively draw out an insurance policy. For this you can get a punishment, up to the criminal term.

Finally

So, we found out how to act for a person who got into an accident without insurance. Be careful on the road!


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