Actions if the person at fault for an accident has a fake OSAGO policy

Why is there a demand for fake policies?

Despite the usefulness of car insurance, not all drivers are willing to pay the full amount for insurance.
With the increase in tariffs, it costs around 5-8 thousand rubles to issue compulsory motor liability insurance. The amount is relatively small, but you can buy a fake for 1.5-2 thousand, which is several times cheaper. Such savings attract many drivers. You can provide a fake MTPL to traffic police officers and not worry about a fine (if the police officers don’t want to “punch” it through the database), but if you get into an accident with a fake MTPL document, you shouldn’t expect anything good. “Left” documents come in two main types:

• On official letterhead. It is indistinguishable from the original and has all the necessary attributes and seals. As a rule, such forms are obtained illegally. In this case, MTPL under this registration number will not be registered by the insurer. If the loss of the form is detected, the insurance company immediately provides a report to RSA (Russian Union of Auto Insurers) and such policy is canceled.
• Completely fake. Homemade forms are used. Drivers can determine these policies themselves by carefully examining its appearance. As a rule, they cost slightly less than the previous ones.

Most often, counterfeits are distributed through insurance agents, brokers of small companies and through social networks.

What to do if the culprit refuses to compensate for the damage?

When the culprit of an incident on the road refuses to pay money to restore the victim’s vehicle, this is the worst option not only for him, but also for the other party to the accident. If he did not have the funds to purchase a real policy, then most likely he will have nothing to compensate for the damage. The injured party in such a situation will have to wait for their compensation for a very long period (if the case goes to court, it can last for months), and when it comes, it may be that, due to the lack of funds, it will be a payment once a month in the amount of 500 rubles. She will also have to fork out for legal fees, state fees, examination, etc. In the future, of course, the culprit must compensate for all this, but when this will happen is unknown. But sometimes the court orders additional moral damages.

If the culprit of the accident refused to pay, then immediately file a lawsuit against him. Just warn him that in this case his costs may increase several times. It is possible that he will change his mind and agree to resolve everything right at the scene of the accident.

To file a claim in court, the victim needs to collect a list of documents:

1. A certificate with the stamp of the State Traffic Inspectorate of the State Traffic Safety Inspectorate in form 154 (but it is only needed if the accident occurred before October 20, 2021).
2. A diagram of the accident and a document indicating that the second participant is to blame for the incident.

When everything is collected, you need to pay the state fee and file a claim at the place of registration of the defendant. It is better to involve a lawyer in such a matter. Of course, you will have to pay for his services, but if the case is won, the culprit will even compensate for these costs. In addition, some lawyers put themselves in the position of victims and do not demand payment immediately, but only after the final win and money is credited from the culprit to his account.

Responsibility for counterfeit documents

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Naturally, the production or use of fake insurance policies is punishable by law, even if the driver did not know about the falsity of his insurance. The following liability is provided for a counterfeit OSAGO policy in accordance with Article 327 of the Criminal Code of the Russian Federation :

• fine up to 80 thousand rubles;
• imprisonment for up to 6 months;
• corrective labor for a total period of 20 days.

The clause that will apply to you depends on the circumstances. Naturally, if you admit to deliberately buying a counterfeit, then prepare for the worst consequences. In practice, drivers simply say that they did not know about the purchase of a fake OSAGO. Traffic police officers issue a fine of up to 1,000 rubles for driving a vehicle without compulsory insurance. A counterfeit document must be confiscated. After this, the main thing is not to run into any more traffic police posts, since you may get fined again. For the police, the difficulty lies in the fact that it is extremely difficult and time-consuming to prove the fact of deliberate purchase of a counterfeit policy.

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• How to get money instead of repairs under compulsory motor liability insurance: a detailed review

There are cases when a driver tries to get a payment using a fake insurance policy. Most often, the company finds out that the document is fake. According to Article 159.5 of the Criminal Code of the Russian Federation, the driver may face a fine of up to 120 thousand rubles. However, if you yourself identify a counterfeit and request an investigation, then no penalties will be imposed.

And lastly, if you become the culprit of an accident, the victim will be paid funds from the compulsory motor liability insurance policy. If the insurance is fake, then you will have to pay the money out of your own pocket. OSAGO is capable of covering losses up to 500 thousand rubles, but in its absence, everything will have to be reimbursed from personal funds. Independent falsification of an MTPL insurance policy is punishable under the above-described Article 327.

How not to buy a fake

Responsible drivers always buy only a real MTPL policy, and some additionally choose CASCO insurance. However, car owners are not immune from buying a fake, especially if it is made on company letterhead. There are several methods of protection, which we will discuss below.

Insurance cost and company reputation

The price for compulsory motor liability insurance is calculated using an identical methodology, so its cost will be almost the same for different companies. The differences depending on the region will be only a few hundred rubles. If you find OSAGO at a “promotion” or “discount” with a difference from the average cost of 1-5 thousand rubles, then be sure that it is a fake. Eliminate purchasing auto insurance through individuals or social media.

It is necessary to take out insurance only from trusted companies. The key indicator is the availability of a valid license. You can check this on the official RSA website. In the list you will find the full name of the companies, license number, date of issue, main telephone number and email address. When purchasing a license from a broker or agent, check that he has a power of attorney from the insurance company, additionally call the insurance company and find out if this person works for them.

It is necessary to issue an electronic MTPL in person, since such a document is protected only by an electronic signature. Fraudsters can easily take advantage of your personal data, ultimately creating a fake electronic MTPL policy.

Visual inspection of the form

To avoid being sold a fake MTPL policy, we recommend that you carefully study the document. If the counterfeit is not made on letterhead, then in most cases you will be able to identify the counterfeit. Inspect the following:

• Paper quality. It should be dense, without visible defects and with unique inclusions of fibers, like on banknotes.
• Availability of a watermark of the Union of Auto Insurers. Branded protective ornament in the form of a mesh.
• Metallized strip on the back of the document.
• The series and certificate number are printed in a special raised font. You can feel its relief without any problems.
• All letters must be bright, undiluted, and in the same font.

Be sure to read the contents. Elementary typos in the text may indicate a fake.

How to check your MTPL insurance policy

A frequent question is how to determine that you were sold a fake MTPL policy? If you doubt the authenticity of your or someone else's document, we recommend checking it on the official PCA website. In the search form, you just need to specify the number and series. No car number required. If compulsory motor liability insurance is formalized, you will see a comprehensive report. It will contain the following information:

• insurance belonging to a specific company;
• date of conclusion and expiration of the contract.

This method is excellent for counterfeits made on official letterhead. The only way to identify them is to check the validity of the registration number of the form in the PCA. If there is no information on the entered form in the database, then you bought a fake. you what to do if your MTPL policy turns out to be fake in the following sections.

Signs of a fake OSAGO policy

When purchasing MTPL policies, always be attentive to details, as cases of fraud in this area are very common. The following points should make you suspicious:

• The policy contains amendments.
• Two persons have the same series and policy number.
• Insurance policy issued twice. It can be issued in another place after its validity expires in another region.
• The policy form is fake and made by scammers.
• The policy was not withdrawn from the company's circulation after the insurer's license was revoked.

Some drivers can identify fake policies by eye only by briefly glancing at the form. He is real if:

1. Blanc is 9 mm longer in length compared to A4 sheet.
2. The front side of the document contains a narrow grid of interlocking rings of a greenish-bluish color.
3. You can easily see the watermarks and the RSA logo on the form.
4. On the back of the policy, on the right side, you can see a 2 mm metal strip.
5. The paint on the policy is dry and does not leave marks if you touch it.
6. The paper from which the policy is made has red inclusions.
7. The policy number contains 10 digits and is located on the right side of the document. It should be convex.
8. The policy series contains the letters “EEE”.

To prevent buying a fake policy, follow these tips:

1. Do not engage in conversation with false agents offering to sign an insurance contract over the phone or on the street.
2. If the cost of the policy is much lower than that of other companies, then most likely it is not real.
3. Say that you want to call the number from the policy to the company’s office and see how the insurance agent behaves. If he stops imposing services and wants to leave, then he is a fraudster.
4. To avoid misunderstandings, always contact only the official offices of insurers to purchase a policy, having first found out whether they currently have a license.

Checklist for identifying a fake

justice pro...

A participant in an accident may not even realize that he has a fake OSAGO policy. Next, we will talk about what consequences await participants in an accident if it turns out that the victim or person responsible for the accident has invalid or false insurance, with examples from judicial practice.

How to check if the MTPL policy is valid

We will not dwell in detail on how to distinguish a fake MTPL policy from a real one by appearance. Moreover, it can be difficult to identify a fake by eye and it is not always possible to carry out a quality check. Then how do you know if the policy is valid? You have the opportunity to check the validity of the insurance on the RSA website, where by entering the policy number you will receive information on it. However, as practice shows, the “correct status” of an MTPL policy according to the RSA does not mean the absence of problems, while at the same time, a policy status other than “correct” does not mean that insurance compensation cannot be achieved.

Fake OSAGO policy: liability

What happens to fake car insurance? If the MTPL policy is fake, who is responsible? These questions arise for those who have an invalid policy in their hands, as well as for those who are faced with the fact of a fake after an accident. It should be understood that the policy may be counterfeit or the policy form may be real but unauthorized, and the consequences may be different in different cases. Next, we will find out what happens when a participant in an accident has a fake or invalid MTPL policy.

What to do if your MTPL policy turns out to be fake and you get into an accident

Participants in road accidents, insurance companies, as well as courts, when considering disputes regarding compensation for losses in an accident with a fake policy, can be guided by the following.

An insurance policy is evidence confirming the conclusion of a contract of compulsory civil liability insurance for the owner of a vehicle, until proven otherwise. At the same time, a message from a professional association of insurers about the absence of data on an insurance policy in the automated information system of compulsory insurance does not in itself constitute unconditional evidence of failure to fulfill the obligation to conclude an insurance contract and must be assessed along with other evidence (clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 26 2021 N 58 “On the application by courts of legislation on compulsory insurance of civil liability of vehicle owners”).

According to clause 7.1 of Article 15 of the Law on Compulsory Motor Liability Insurance, the insurer ensures control over the use of compulsory insurance policy forms by insurance brokers and insurance agents and is responsible for their unauthorized use, which means the paid or gratuitous transfer of a blank or completed insurance policy form to the owner of the vehicle without reflection in accordance with the established procedure, the fact of concluding a compulsory insurance contract, as well as distortion of information provided to the insurer about the terms of the compulsory insurance contract, reflected in the form of the insurance policy transferred to the policyholder.

The insurer who owned the insurance policy form that was unauthorized used is obliged, at its own expense, to compensate for the damage caused in order to make insurance compensation, with the exception of cases of theft of compulsory insurance insurance policy forms, provided that before the date of the insured event the insurer, insurance broker or insurance the agent contacted the authorized authorities with a statement about the theft of the forms.

Incomplete and (or) untimely transfer to the insurer of the insurance premium received by the insurance broker or insurance agent does not relieve the insurer from the need to fulfill obligations under the compulsory insurance agreement, including in cases of unauthorized use of compulsory insurance insurance policy forms.

A similar position was previously held by the Supreme Court (Definition of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated July 19, 2016 N 57-KG16-5): “Unauthorized use of policy forms does not exempt the insurance company from fulfilling the contract, however, the insurance company is exempt from paying compensation if Before the insured event occurred, she contacted the police with a statement about the theft of policy forms.”

To resolve the dispute, it is important to establish the authenticity of the policy form (through an examination).

Thus, “if it is established that the insurance policy is counterfeit and there is no evidence confirming the conclusion of the MTPL agreement, the insurer cannot be charged with paying insurance compensation” (clause 16 of the Review of judicial practice on MTPL (approved by the Presidium of the Supreme Court of the Russian Federation on June 22, 2016). )).

If after the accident it turns out that the participant in the accident has a fake MTPL policy, what to do will depend on whose policy turned out to be fake, as well as on whether the form turned out to be fake or genuine, but unauthorizedly used.

To receive compensation after an accident, you need to know: the MTPL policy is really fake or there has been unauthorized use of it

The victim has a fake MTPL policy

If the culprit of the accident does not have an MTPL policy, then the culprit will have to recover damages to the victim with a fake policy.

If the culprit of the accident has a valid MTPL policy, then the victim who has a fake policy will be able to receive insurance compensation. But can he receive compensation under direct damages or does he need to contact the at-fault party's insurance company?

If the policy is truly counterfeit (fake), then direct compensation for damage is impossible (Decision of the Volzhsky District Court of Saratov (Saratov Region) dated April 21, 2021 in case No. 2-1006/2016), the victim will have to contact the insurance company of the culprit of the accident.

Sometimes the insurer of the culprit of the accident does not want to make a payment on the basis that no reliable data has been provided about the falsity of the victim’s policy, but the Court may side with the victim (Resolution of the Presidium of the Moscow Regional Court No. 44G-177/2018 dated July 11, 2021 in case No. 2-2626/2017).

The person at fault for the accident has a fake MTPL policy

As a rule, the victim finds out that the culprit of the accident has a fake MTPL policy or a policy that was unauthorized used when contacting the insurance company for direct compensation of losses (if he has a policy, even if the victim himself is not included in it) . When the victim does not have a compulsory motor liability insurance policy, he contacts the insurance company of the person responsible for the accident. If the victim is refused, he can go to court. At the same time, as can be seen from judicial practice, the possibility of obtaining insurance compensation depends on whether the policy of the culprit is recognized as counterfeit or unauthorized use.

The insurance company may refuse the victim on the basis that the person at fault has problems with the policy, for example, according to the database, the policy of the person at fault for the accident is damaged . If the expert opinion form itself is genuine and there is evidence that the person at fault for the accident entered into an insurance contract, then in this case there are no grounds for refusing direct compensation for losses (Decision of the Blagoveshchensky District Court (Republic of Bashkortostan) dated October 4, 2021 in case No. 2-587/ 2017).

If, according to the official website of the RSA, the policy of the person responsible for the accident is listed as “ destroyed ,” then insurance compensation, as a rule, can be obtained (Decision of the Belorechensky District Court (Krasnodar Territory) dated June 9, 2018 in case No. 2-713 /2018).

According to the insurance company, the policy of the person at fault for the accident may be lost (according to RCA data, it is listed as lost). However, the publication of information about the loss of a document is not a basis for releasing the insurer from liability for obligations based on insurance policies issued and signed by it, in the absence of information about the dishonest behavior of policyholders (Decision of the Issinsky District Court (Penza Region) dated December 18, 2015 in the case No. 2-97/2015).

The insurance company may claim that the at-fault party's policy is fraudulent because... According to the RSA data, it is listed as being owned by the insurer and there are no grounds for direct compensation for losses under the MTPL law. But when establishing the authenticity of the policy of the culprit, the insurance company is obliged to pay insurance compensation (Decision of the Oktyabrsky District Court of Arkhangelsk (Arkhangelsk Region) dated February 14, 2021 in case No. 2-3692/2017).

What to do if the person at fault for an accident has a fake OSAGO policy

If the policy of the person at fault for the accident is really fake, i.e. If the form is false, then the culprit of the accident will have to compensate for the damage. In this case, the victim can send a pre-trial claim to the culprit, or can immediately go to court. The victim may demand compensation for damages from the culprit of the accident in the amount of the cost of restoration repairs without taking into account wear and tear, in some cases, loss of the marketable value of the car, as well as compensation for damage in the event of a complete loss of the car.

The person at fault for the accident has a fake MTPL policy: judicial practice

If the policy of the culprit is false, then the court, as a rule, makes a ruling in favor of the victim (Decision of the Naberezhnye Chelny City Court (Republic of Tatarstan) dated June 18, 2021 in case No. 2-12799/2017).

The culprit of the accident may agree with the claim and make payment without conducting an examination of the authenticity of the policy (Decision of the Volokolamsk City Court (Moscow Region) dated July 10, 2021 in case No. 2-840/2018).

When the culprit of the accident does not admit the claims, an examination may be needed. If the policy is found to be fake, then the person at fault for the accident will have to pay according to the court decision (Decision of the Klimovsky City Court (Moscow Region) dated July 31, 2021 in case No. 2-269/2017).

The culprit of an accident with an invalid MTPL policy who has compensated for the damage to the victim can go to court and make claims against the insurance agent from whom the invalid policy was purchased. The court may recognize the insurance contract as not concluded, recover from the person who sold the policy losses in the amount of damages compensated in case of an accident, unjust enrichment in the amount of the insurance premium paid by the culprit of the accident (Takhtamukaisky District Court (Republic of Adygea) dated July 6, 2021 in case No. 2- 1034/2018).

If you have problems obtaining compensation under compulsory motor liability insurance or collecting damages from the culprit of an accident, you can contact the specialists of this project for legal advice. Assistance will be provided by project participants and partners - practicing lawyers with extensive experience in this area of ​​legal relations.

Thus, the possibility of insurance compensation, as well as its procedure, are often determined by establishing the authenticity of the auto insurance policy form. A fake MTPL policy held by the person responsible for the accident, as judicial practice shows, is the basis for refusal of insurance compensation, as a result of which the person responsible for the accident will have to compensate for the damage.

Posted by:

Ralenko Anton Andreevich

Moscow 2019

Options for action when a counterfeit is detected

The most popular question is what should a driver do if he bought a fake OSAGO policy. First of all, such a document cannot be used, since it is considered invalid. Then everything depends on the type of fake. If the OSAGO is made on company letterhead and is invalid only by number and series, then you must contact the insurance company and RSA directly. Insurers are always concerned about their reputation, so in most cases they are ready to issue a new policy without unnecessary fuss if an error occurred due to their cause.

Contacting the PCA is necessary and important. Firstly, at the Union of Insurers you will receive a document indicating the invalidity of your policy. Secondly, situations arise when individual agents in insurance companies make a living by leaking original forms. In this case, a full-fledged investigation will be required, initiated by RSA. If the culprit of distributing counterfeit policies is discovered, he will face criminal liability, and you will be provided with valid insurance. All such checks may take up to 3 months.

If compulsory motor liability insurance is clearly forged by fraudsters, then it is difficult to obtain compensation. You can contact the police by providing evidence of fraudulent actions by the person who sold you the policy.

You were stopped by traffic police officers with a fake license

If, during the process of checking your documents, a traffic police officer discovers that your compulsory motor liability insurance policy is fake, you will be suspended from driving until the circumstances are clarified. As a rule, this situation is regarded as operating a vehicle without documents, which entails a fine of 800 rubles. On our website you can find and check your unpaid fines.

If law enforcement officers manage to prove that you used the fake deliberately, then, according to Art. 327 of the Criminal Code of the Russian Federation, you may be awarded:

• a fine of up to 80,000 rubles;
• arrest for up to six months;
• 480 hours of correctional labor.

If you use a false insurance policy unknowingly, and the contrary has not been proven, you will be considered a witness in a case of dishonesty or fraud of the insurance company.

If you yourself contact law enforcement authorities with a statement about a false insurance certificate or file a complaint against the insurer, sanctions will not be applied against you. This is the only way to avoid administrative liability.

You are at fault for an accident with a fake insurance policy

If you have a fake insurance policy in your hands, and you find yourself at fault for an accident, then you will be responsible for full compensation to the injured party for the damage caused.

Since the use of a fictitious document is regarded as the operation of vehicles without a vehicle license, in accordance with paragraph 6 of Art. 4 of the “Law on Compulsory Motor Liability Insurance”, as well as paragraph 1 of Art. 1064 ch. 59 of the Civil Code of the Russian Federation, the guilty person is obliged to pay for damage caused to the life (health) or property of another road user.

If a fake policy was sold by an insurance company, you can try to prove that you did not know about it. That is, the fault is transferred to the insurer, and he will compensate for the damage. But only if you can prove your innocence in acquiring a car license.

You are the party injured in the accident, and the culprit has a fake policy

If you have been injured in an accident, and there are suspicions that the person at fault has a fake MTPL policy, you need to:

1. Make sure the car insurance is authentic and check the policy on the official RSA website at the scene of the accident. If there is no opportunity to use the Internet on the road, call any insurance company with a request, and they will provide you with the information you need.
2. If you have established that the insurance policy is fake, the issue of compensation for the damage caused to you should only be resolved in court (a claim directly against the person responsible for the accident).

If you have suspicions about the authenticity of the MTPL policy of the person responsible for the accident, you also need to contact the insurance company specified in the document with an application to provide you with payment based on the accident. This must be done, since in order to file a claim in court, you will need to receive a written refusal from the insurer of the guilty party to compensate for the damage caused to you, explaining the reasons for the refusal.

If the person at fault for the accident does not have compulsory motor insurance

Compensation for losses in the event of an accident occurs through the insurance policy of the culprit. But what if this driver drives without an insurance policy? Who is responsible and will compensate for losses? Anyone can face this situation. We recommend following this procedure:

1. Check whether the driver with whom you had an accident has a real policy. This can be done via the Internet. You need to enter your car's license plate number or VIN code at specialized services. If the person at fault for the accident has a fake form, you will know about it in advance.
2. Charmingly call the State Traffic Inspectorate, even if the driver offers to solve everything “on the spot.” This is necessary to register a traffic violation and further actions to collect the amount from the culprit.
3. Contact a company that provides independent damage assessment. If you have insurance, the assessment is carried out by employees of the insurance company. If the culprit does not have a policy, this task falls directly on you.
4. File a claim against the person responsible for the accident in court, attaching a certificate from the appraiser and other related documents to the case. We recommend that you first obtain the support of a lawyer. The case could drag on for months.

You can only achieve the full amount of compensation through the court, especially if it is large enough. It is worth engaging in litigation only if the cost of car repairs is significantly higher than the total legal costs. Be prepared that you will not be able to control the car for some time. This is due to the fact that during the consideration of your case, the court may require additional examinations (for example, the defendant will want to reduce the amount). If you repair the vehicle, it will no longer be possible to conduct such examinations.

As judicial practice shows, most such cases end in a win for the victim. However, this does not guarantee that you will receive compensation. Situations are possible when the defendant does not have funds or property to pay for repairs ordered by the court

How to get compensation from the insurance company if the compulsory motor liability insurance is not real?

If the culprit of an accident on the road has a fake MTPL policy, then there is no need to despair, since even in this case it is possible to receive a compensation payment. Here the main role is played by the extent to which the driver is involved in the acquisition of such insurance, and what kind of insurance it is. The whole point is that the Supreme Court of the Russian Federation ordered insurance companies to reimburse compensation even for fake policies. But this is realistic only if the document form itself was issued by the insurance company that is included in it, but it was previously stolen by someone and sold to the car owner by a fraudster. But one condition must be met - the insurer itself should not have reported the loss of the form to the police or other law enforcement agency. Only in this case will the victim be paid insurance compensation.

It's very easy to check. If the policy was found in the database of existing policies of the RSA (Russian Union of Insurers), then you can safely go to the insurance company and demand money to repair the vehicle, and if not, then you will have to contact the judicial authority.

Advantages of legal compulsory motor liability insurance

Trying to save a few thousand rubles can result in huge waste. If you become the culprit of a traffic accident, then payments to the victim will have to be made from your own pocket, and this will cost tens or hundreds of thousands of rubles. Additionally, you will not have to be afraid of stops by traffic police inspectors; this policy will pass any checks for authenticity. If you want to protect yourself 100%, even if the culprit does not have compulsory motor liability insurance, we recommend that you take out CASCO insurance. Depending on its type, you can insure your car against accidents, theft, and damage due to weather conditions. Thanks to this, you will not be left without funds when you need to repair your car.

What to do if the fake policy is not owned by the insurance company?

If the culprit’s insurance really turned out to be a real fake, not belonging to any insurance company, then there is only one way out - to try to negotiate with the culprit of the incident and collect the required amount from him. There is no need to be upset, since there are many understanding people among car owners who will not refuse to compensate for the damage. And simply taking money from the culprit is much easier than requesting it from the insurance institution.

First of all, you need to find out whether the person considers himself guilty. If he denies his involvement, then he will have to call the traffic police or even file a lawsuit. And if he doesn’t refuse anything and confirms that the policy is fake, then you can immediately start the conversation. Usually, if the accident is small, the amount of compensation is determined by the parties immediately and is paid immediately.

If the culprit does not have the required amount with him, then you can ask him to write his receipt. In it he must:

1. Admit your guilt in the accident, indicating the date and time of the incident, as well as a list of participants.
2. Enter information from the passports of both parties.
3. Specify a certain amount of damage and accept an obligation to pay it.
4. Enter the date by which he will repay the debt (you can also enter installment plans here).
5. Put the date the document was drawn up and your signature.

Some participants in the accident agree among themselves not only to transfer money as compensation, but also agree on the time of repair of the vehicle at a specific service center. In this case, the culprit must pay for the work after the fact. This also needs to be indicated on the receipt.