What should I do if I am not at fault in an accident, but I do not have insurance?

Conflict resolution by agreement of two parties

What to do if you do not have MTPL insurance. It is possible to resolve the problem by agreement of the two parties, without further litigation. This can happen if the damage caused to the car is minimal, there can be no hidden damage, the victims can independently determine the cost of repairs, both come to an agreement that it is easier for them to immediately agree peacefully and disperse.

According to Article No. 1064 of the Civil Code of the Russian Federation, losses caused in an accident are subject to full compensation for those responsible for this accident. Therefore, it is necessary, in the absence of an insurance policy, to be prepared to compensate for the restoration of the damaged car yourself. In addition, it will be mandatory to pay a fine for not having an MTPL insurance policy and driving a vehicle without insurance; claims for compensation for moral damages will be possible.

The best option is to pay the amount of compensation directly at the scene of the incident, but sometimes the culprit does not have the required amount of money, and he asks to wait and pay the money after some time. A person injured in an accident can take some valuable thing as collateral. All actions must be reflected in the receipt.

IMPORTANT !!! The passport of the perpetrator is not taken as collateral, because such an act is a gross violation of the law and is subject to criminal punishment.

If the victim cannot determine the cost of repair work, the cost of repair is determined by experts. An assessment of the damage caused can be done at a service station or independent experts. When receiving funds as compensation for restoring the damaged vehicle, the victim must write a receipt confirming receipt of the funds. To avoid further disputes, the entire process of contract and payment, writing the receipt should be recorded on video, or the DVR should be left on.

There is such a situation. There is more than one driver included in the OSAGO insurance policy for this car, and the car involved in the accident was driven by a driver who was not included in the policy. This situation is equivalent to the absence of a policy, but the OSAGO insurance company is obliged to make cash payments. If the culprit refuses to pay the amount for the restoration of the car, you must complete all the necessary documents within the established time frame and contact the insurance company or further to the courts.

What happens if a driver who has lost his license gets into an accident?

The absence of a driver's license for a motorist involved in an accident threatens serious trouble. He will be responsible even if there are no culprits in the incident, as sometimes happens. After all, driving without a license in itself is a violation, which is punishable under Part 2 of Article 12.7 of the Code of Administrative Offenses:

Driving a vehicle by a driver deprived of the right to drive vehicles entails an administrative fine in the amount of thirty thousand rubles, or administrative arrest for up to fifteen days, or compulsory labor for a period of one hundred to two hundred hours.

This is the minimum sanction applied to such a driver. According to the law, his car must also be taken to a special parking lot. After all, a person without a certificate has no right to drive it. This means that you will also have to pay for a tow truck and for the car to remain in the impound area.

It will not be possible to hide the lack of a driver's license. The procedure for registering an accident in most cases requires calling a traffic police officer. And he will definitely find out this information. If the driver, with minor damage to the car, persuades the other party to limit himself to the European protocol, the VU number is also needed to draw up the document and the entire procedure. Thus, its absence will still be revealed.

To learn what to do in case of an accident with a driver without a license, watch this video:

Pre-trial claim

The second option is a pre-trial claim. This is done in the absence of a compulsory motor liability insurance policy and it is impossible to reach an agreement peacefully, by agreement of the two parties. Pre-trial proceedings are underway. An inspection employee records the fact of the accident. When drawing up a report at the scene of a traffic accident, information about the absence of an insurance policy at the perpetrator must be recorded.

The victim himself, without fail, retains information about the person responsible for the accident:

Surname and initials,
Place of registration and place of residence,
Contact number.

In addition to recording the data of the person at fault in the accident, in order to file a pre-trial claim, it is necessary to prepare the following documents.

An independent examination report, which provides a detailed description of all, even if there is hidden damage to the car. A calculation is made of the amount of money needed to restore the car, that is, a calculation of the damage caused. In addition to the report on the examination, copies of permitting documents for the activities carried out by this organization, for example, a license, etc., must be attached. The cost of the examination is from 2000 to 7000 rubles.
In the event that damage is received as a result of which the machine cannot be restored, a report of lost marketable value is compiled. The cost of preparing such a report is 5,000 rubles.
Filing a pre-trial claim against the culprit of an accident without a compulsory motor liability insurance policy, the cost of filing a claim is 5,000 rubles. The claim can also be made by the victim himself. The document describes in detail the directions of movement of vehicles, the exact location of the accident, the time and date of the accident, and all related circumstances. But each point of the claim is supplemented with quotes from legislative documents and excerpts from an expert report on the calculation of damage caused. All this data must be consistent with the protocol from the scene of the accident drawn up by the traffic police officer, so it is important when drawing up the protocol to control what data is entered into the protocol. The final appeal shall indicate the amount of monetary compensation to be reimbursed. But, this amount may be greater than the amount indicated in the independent examination report, because it may contain an amount consisting of money spent on payment for the services of a technical service (tow truck), payment for car parking, payment for an expert assessment, payment for legal services, and the amount of moral damage.

To file a pre-trial claim, you must prepare a package of documents for the claim itself, which includes:

A copy of the certificate from the traffic police about the incident.
A copy of the resolution on the recorded offense.
Letter notifying of an independent examination.
Letter of invitation to visit.
Copies of documents for the car
A report with an expert assessment by an independent expert on the damage caused.
Cash documents that can confirm the cash expenses for restoring the car.

All copies necessary for further proceedings are made and certified at the scene of the accident by traffic police officers who draw up a report on the incident.

ATTENTION !!! The completed claim letter should be sent to the postal address of the person responsible for the incident, in the form of registered mail with a return notification of receipt. Postage checks and receipts are retained. If the claim letter does not help to recover the amount of damage, you should draw up a statement of claim to submit to the courts.

In addition to information about the person responsible for the accident and the calculation of the amount of compensation for the restoration of the damaged car, information about the victim, contact phone numbers, postal address and email addresses are included. In addition, the time allotted for resolving the issue without trial is indicated. You should take advantage of the recommendation and pay monetary compensation within the allotted timeframe specified in the claim. When the case is brought to court, the perpetrator will need to pay both court costs and attorney fees.

IMPORTANT !!! If the person responsible for the accident does not have any property (real and movable property), or does not have a permanent job, such circumstances are not grounds for refusal to pay compensation, especially if the issue is resolved by court.

I put a person behind the wheel without a license: what will happen?

If a car owner puts a person without a driver’s license behind the wheel, he can be punished under Part 3 of Article 12.7 of the Administrative Code:

Transferring control of a vehicle to a person who obviously does not have the right to drive a vehicle (except for training driving) or is deprived of such a right shall entail the imposition of an administrative fine in the amount of thirty thousand rubles.

You can avoid sanctions if you prove that you had no information about the driver’s lack of a license. Then the phrase “knowingly not having the right to drive” cannot be applied, which means there is nothing to punish the owner of the car for. The driver who got behind the wheel without a driver's license will have to answer for everything; he definitely knew about the absence of a document.

The victim in the accident does not have MTPL insurance

If the victim in an accident does not have compulsory motor liability insurance, but the perpetrator has one, then compensation payments will be made in the full amount, according to the examination. But, in this case, an administrative decision will be made - a fine for driving a vehicle without compulsory motor insurance. The fine amount is 800 rubles.

If the person at fault in an accident is found to have a fake insurance policy, such an act is equivalent to a lack of insurance.

But the punishment for the culprit with a fake policy is much more serious:

such an act is punishable by confiscation of the driver's license,
the culprit bears criminal liability and administrative punishment,
Serious fines are paid.

If the insurance, for some reason, was nevertheless paid after the discovery of a false insurance policy, the insurance company will subsequently demand the indicated amount of compensation from the person responsible for the accident.

To prevent such developments, you should:

Submit an application to check the compliance of the insurance policy with the RSA (Russian Union of Motorists).
File a pre-trial claim for the person responsible for the accident for the amount of monetary payment according to an independent expert assessment.
Upon receipt of a refusal to claim, draw up a statement of claim to the court, demanding compensation for losses incurred, including monetary costs for conducting examinations and preparing documents, and the work of lawyers.
Submit an application to the police department, enclosing a response to the request from the RSA, regarding the culprit for participation in the fraud.

The victim of the accident has a CASCO insurance policy

The CASCO insurance company provides voluntary insurance to its clients against damage caused to the vehicle. The insurance does not include liability for transported cargo and the health of citizens. Liability for the health of citizens is insured by MTPL.

Let's consider a situation where the victim has CASCO insurance. Who will make compensation payments? What will happen to the citizens injured in the accident. The victim of an accident receives all payments according to the list of clauses in the insurance policy. But, in the event of injury to people, compensation payments are made only under the MTPL insurance policy.

To receive compensation for the restoration of health, you should negotiate peacefully, or go to court, to recover it from the person responsible for the accident who does not have compulsory motor liability insurance.

There are options when you may not receive payments for car restoration:

the car is damaged or destroyed with the intention of obtaining insurance compensation.
The car was driven by a drunk driver.
the car was driven by a person who does not have a driver's license.
the car was used abroad where the policy is not valid (in another country, etc.)
operational capabilities have been exceeded.

IMPORTANT !!! To avoid such situations, do not give the car’s steering wheel to unauthorized persons or persons without a driver’s license, and do not overload the car.

In order to correctly and quickly resolve the situation created during a traffic accident, the driver - the culprit and the victim - should firmly remember

Accident without a license and in someone else's car

If the owner of the car allowed a person to drive without a license, and he got into an accident, the situation is difficult for both. The nuances depend on the circumstances of the case:

The driver without a license is at fault . If the car is insured, the victim will receive compensation for his damaged car. It will be paid by the company that issued the policy for the vehicle driven by the culprit. But then she will demand this money from the owner of the car. And he can sue his friend without a license, who was driving at the time of the accident. The owner of the car will be punished under Part 3 of Article 12.7 of the Administrative Code:

Transferring control of a vehicle to a person who obviously does not have the right to drive a vehicle (except for training driving) or is deprived of such a right shall entail the imposition of an administrative fine in the amount of thirty thousand rubles.

He will also have to fork out for a tow truck if it is not possible to pick up the vehicle from the scene of the accident. And a driver without a license will answer as prescribed in Section 2 of the same article. And he will also pay for the restoration of the vehicle of his friend, who let him drive it.

The one who drove the car without a license was found not guilty . The owner will receive insurance compensation regardless of whether the driver is included in the policy or not. But both will have to pay fines. The owner - for allowing a person to drive a car without a license.

How to behave correctly during an accident

Every driver should remember the sequence of actions taken after an accident.

Turn on the hazard warning lights, mark the location of the accident, within 15 meters of the affected vehicles.
If people were injured during an accident, you should call an ambulance, call an ambulance if necessary, or perform first aid yourself.
Call the police and traffic police.
Interview those gathered to identify witnesses to the events that happened, ask them not to leave the scene of the accident until the traffic police inspectors arrive.
Exchange contacts with the culprit of the incident and try to resolve the dispute peacefully.
Wait for the inspection staff to complete all the documents as required in such cases. A traffic accident will be recorded. Please pay attention to the correctness of the information entered in the protocol and the presence or absence of an insurance policy.

If the damage caused exceeds 50,000 rubles, the statement of claim is sent to local district courts.

The following are attached to the statement of claim:

original receipt for payment of state duty,
copy of the statement of claim,
power of attorney for a lawyer who will defend the rights of the victim in court.
A copy of the pre-trial claim, and all documents from the list of pre-trial claims.

If the issue cannot be resolved amicably, by agreement of the two parties or by pre-trial claim, a statement of claim should be prepared in court. If damage is caused in an amount not exceeding 50,000 rubles, the investigation is conducted by a magistrate.