An increase in the number of cars on the roads of a metropolis leads to an increase in the number of accidents. Almost every second driver got into an accident more than once, and in the case of novice motorists, this figure reaches a record five times. Therefore, in our country, the issue of compensation for damage after a traffic accident is very acute. Surprisingly, the MTPL policy, introduced just in order to avoid conflicts among car owners after the accident and to simplify the process of damages, is not a guarantee that you will receive your money. Indeed, many motorists purchase for a minimum amount fake OSAGO policies or do not at all complicate themselves with paperwork. As a result, very often on the roads of our country there is a situation where the culprit of an accident without insurance. What to do if you have suffered from such a driver? How to achieve monetary compensation? Under what scheme to act if it is you who became the culprit of the accident without insurance? In today's article, we will consider all of these issues.
CTP policy: payment system
Our state has tried to do everything to exclude itself from the monetary disputes of car owners. The CTP policy was to become a guarantee of compensation for damage to the injured party. However, this rule only applies when the documents are in order for both car owners. In this case, the injured party submits a set of documents established by the rules of his insurance company. It is examined within five business days, and after that the applicant receives compensation in the specified amount to the bank account. It seems that everything is simple, right?
But it happens that the culprit of an accident without insurance. What to do in this case? Is it really necessary to restore the car due to its own savings? Not at all. If you behave correctly, you may even be able to get compensation from the culprit of the accident even without litigation. And we will definitely help you with this.
We simulate the situation: a person got into an accident, the culprit without insurance
Of course, an accident is a very unpleasant event, which is accompanied by at least great stress for the body. Even if you have not suffered, and the only problem is a few scratches on the car body, it is quite difficult for the driver to think sensibly and soberly assess the current situation. And if the injured party finds out that the culprit of the accident without insurance, then completely panics, mentally preparing to pay for auto repair on their own. But do not say goodbye to your money in advance, be careful and calculate all the options for solving the problem. And they depend on some of the nuances that we will now list:
- the culprit forgot home insurance policy;
- the motorist did not at all take out an insurance policy for his car;
- the culprit of an accident without rights and insurance;
- the driver without insurance did not have an accident in his car.
Do not forget that the damage caused can also be different. In one case, the injured party can rely only on compensation for material damage, and in particularly difficult situations - on compensation for harm to health. All of these points we will consider in detail.
Forgetful driver
Of the variety of difficult situations arising from the fact that the culprit of the accident without insurance, the ones that are most easily resolved are when the car enthusiast turned out to be just a forgetful person.
It happens that a person transfers documents to a car in another jacket or bag - or simply leaves them on a shelf at home. As a result, he finds himself on the road without an insurance policy and does not always notice this on time. Surprisingly, it is at such a difficult moment that the driver can become the culprit of the accident and even at the stage of waiting for the traffic police to detect the absence of an insurance policy. What awaits road accident participants in this situation? Is it realistic to compensate for the damage if the driver did not have a policy at the time of the collision?
We hasten to reassure you: the insurance company will definitely refund your money for car repairs. But without the traffic police inspector it will be difficult to do this, because it is he who must fix all the circumstances of the incident, draw a plan diagram, establish the culprit and the victim. In addition, the accident report will indicate the personal data of the accident participants and the absence of an insurance policy for the culprit. If he manages to prove to the inspector that his documents are in fact in order, then the injured party will have to apply to the insurance company for damages in the prescribed manner. No problems with this.
The only problem in this situation is the evidence that the culprit of the accident can present in support of the existence of a compulsory motor third-party liability insurance policy. Some drivers keep a copy of the document in the car or have a recorded policy number, which the traffic police inspector can check against the database at the time of compiling the protocol. In this case, the driver will nevertheless be fined 500 rubles for his forgetfulness.
The culprit of an accident does not have an insurance policy
If you got into an accident without compulsory motor third-party liability insurance, and the culprit is you too, then get ready for a serious fine. First of all, the traffic police inspector, who arrived at the scene, will find out whether the documents are in order in both drivers. And in the absence of an insurance policy, he will write a fine in the amount of 800 rubles.
But the further interaction between the culprit of the accident and the injured party will depend only on the decency and education of the motorists themselves. In some cases, adults can come to an agreement and limit themselves to paper indicating passport details, pleading guilty and committing to pay the full amount of damage. If all the data is correct, then after drawing up the protocol by the traffic police inspector, the injured motorist can count on payments in the manner established by agreement.
Most often, compensation for damage is expressed in monetary terms, but sometimes the culprit of an accident using their own efforts or through friends can repair a wrecked car. In any case, these options are the best outcome in this situation. But quite common are cases when it is not possible to establish contact between the injured party and the culprit of the accident without insurance. How to recover damage in this difficult situation? Is it possible to get compensation without going to court?
Pre-trial claim for the culprit of an accident without insurance
If you do not want to get involved in lengthy litigation, then try to limit yourself to a complaint to the culprit of the accident. But note that before sending this paper you must carry out a series of actions established by law. We will talk in detail about each of them:
- Independent Expertise. In order to assess the damage caused to the vehicle, you need to organize an independent examination. It will be held for the money of the affected party, but in the future they can be recovered from the culprit of the accident. The average cost of an expert’s work does not exceed 7 thousand rubles. Keep in mind that the culprit of the accident should be invited to the examination by telegram or official letter five days before it. Receipts for payment of the letter must be kept.
- Claim.Based on the results of the examination and the accident report, the injured party makes a claim to the culprit of the accident. You can do it yourself or use the services of a lawyer. In the latter case, you will have to pay for the work of lawyers from your wallet, usually it is estimated at 5 thousand rubles. An example of a pre-trial claim for the culprit of an accident without insurance is given below, however, it does not have a clear form and can be drawn up arbitrarily. The main thing is to indicate in it all the details of the incident, attach a copy of the protocol and the result of the examination. The document should indicate not only the costs of car repairs, but also the costs of conducting an independent examination and the work of a lawyer.
Next, you need to send the claim to the addressee by registered mail, keeping the receipt of dispatch. Usually such actions are quite enough for the culprit of the accident to contact you and begin to negotiate compensation for damage. But even in this case, people do not always manage to agree, and then a judicial debate awaits them.
Claims for damages through the courts
If even after sending the claim to the culprit of the accident you could not resolve the issue, then with the same papers you can safely go to court at the place of residence. After writing a lawsuit with the original examination and the accident report, you can only hope for a fair decision of the judge. Quite often, he appoints a re-examination, which can indicate a completely different amount of damage. However, usually the courts side with the injured party and without much thought make a decision in its favor.
But do not think that you will immediately receive your money. If the debtor does not have the property and financial ability to pay you compensation, then you can expect your money for several years.
Lack of rights and insurance: action algorithm
In addition to the cases already described, there are those when the accident was committed by a driver who has neither the right nor the insurance policy. What will happen in this situation? And is there a chance to compensate for the damage?
It happens that a motorist just forgets the driver’s license at home and drives out onto the road. In the event of an accident, the traffic police inspector will write him a fine of up to 15 thousand rubles. But sometimes the culprit of the accident does not have a driver’s license at all or is already deprived of them for traffic violations - here the inspector will be more severe. He will write a fine of up to 30 thousand rubles, he can be arrested for 15 days and take the vehicle to a parking lot, the services of which will be paid by the culprit of the accident.
The injured party will have to resolve the issue of damages on its own. As in the cases described above, this may be an agreement, pre-trial claim or lawsuit.
Accident on someone else's car
There are frequent cases when the culprit of an accident without insurance is not the owner of the vehicle. What will happen in a similar situation?
So, the driver had an accident in a car that is recorded on another person, and he is not included in the insurance policy. If the document is still on hand, then the insurance company will compensate for the entire damage caused to the injured party. However, the culprit will receive a fine from the traffic police inspector, and in the future, insurers have the right to file a lawsuit against him with a request to return the money spent.
The culprit of the accident does not have a power of attorney to drive the vehicle
If the owner of the car did not bother to issue an OSAGO policy on it and handed the steering wheel to a person who does not even have a power of attorney to drive a vehicle, then the injured party will have to independently solve the problem of damages.
The algorithm of actions is identical to that described in the previous sections of the article.
Health Compensation
If the accident was quite serious, and the injured party was injured in health, then in this case he will be compensated by the union of car insurers.A cash payment will be made regardless of whether the perpetrator has a compulsory motor third-party liability insurance policy and even if the perpetrator has fled the scene of the accident.
To submit documents you need to collect the following package of papers:
- accident protocol;
- administrative offense order;
- confirmation of harm to health and financial costs for its restoration;
- statement.
Conclusion
We have already said that any, even the most insignificant, accident is a very unpleasant incident. But questions about redress, especially in a situation where there is no CTP insurance policy, make the problem even more complicated and confusing. We hope that our article will help you solve your problems. And be more careful while driving.