Will insurance be paid if the participant in an accident is drunk: the culprit or the victim?

Can I count on an insurance payment if the person at fault for an accident is drunk?

According to the law, a drunk driver is not allowed to drive under any circumstances, as this can lead to an accident, regardless of the reason for intoxication.

In the event of a violation, liability will be assigned to the person responsible for the accident, and the fact that he was under the influence of alcohol aggravates his guilt.

However, if the culprit of the accident was drunk, this does not relieve the insurance company from paying insurance compensation under compulsory motor liability insurance. Moreover, this circumstance does not affect either the need for compensation or the amount of compensation. At the same time, the insurance company does not have the right to shift the payment to the insurer responsible for the accident.

Attention: If the culprit of the accident was intoxicated, the victim should not doubt whether the insurance payment will be made - this circumstance will not affect the decision and the amount of compensation.

Therefore, in the case of an accident involving a drunk driver, the procedure for paying compensation is determined according to general rules regulated by state law, in accordance with paragraph 1 of Article 14.1 of Federal Law No. 40.

The same applies to time restrictions. Obviously, if the person at fault for the accident does not have an insurance policy, then, according to Article 1064 of the Civil Code, he will have to cover the damage at his own expense.

So, if the culprit of the accident was drunk and did not have a third-party insurance policy, then the answer to the question of whether the insurer will pay compensation is obvious. In this case, the one who caused the damage must eliminate it. However, to receive compensation, you will most likely have to go to court.

However, to avoid unnecessary bureaucracy and document the extent of the damage, it is recommended to contact independent appraisers in advance to assess the damage to your car. This will not only save you from unnecessary hassle, but will also allow you to confirm the extent of the damage.

But if both participants were drunk, then this circumstance complicates the situation to some extent. In this case, the insurer has grounds to refuse to pay insurance compensation, since the fault in the collision is mutual. The insurer can also legally refuse to pay insurance compensation, if such a possibility is provided for in the insurance contract, if the culprit of the accident was intoxicated.

Of course, if the person at fault was drunk, there is no doubt that the insurance company will pay. But at the same time, she has the right to make a recourse claim against him.

Such compensation may be awarded by the insurer in the following cases:

• when committing a deliberate crime or violating traffic rules;
• if there was intentional harm to health or death of the victim;
• when the person responsible for the accident is under the influence of various types of drugs;
• if the person who was driving and caused the accident did not have a license;
• If the driver does not have insurance for the car, or if it is expired or not issued;
• if the “organizer” of the accident did not document it, as required by law;
• if the criminal fled the scene of the crime;
• if the injured person does not present the vehicle for inspection within ten days;
• if the applicant for compensation has provided documents for the vehicle that have expired (diagnostic card, etc.).

Often in practice, the very fact that a person got behind the wheel in an inappropriate mental state can indicate an intention to cause harm, since this is a gross violation of the law. Therefore, in such a situation, the guilty party will have to pay recourse to the insurer.

Are insurance payments provided?

A common myth: if the culprit of the accident is a drunk driver, the MTPL insurance company will not compensate for the damage caused by its “drunk” client to the injured party.

In fact, this myth has nothing to do with reality. In fact, the injured party receives from the insurance company of the person responsible for the accident material compensation for the material and moral damage caused, regardless of whether it was under the influence of alcohol or drugs or not.

However, if you find yourself the injured party in an accident with a drunk driver, you should not count on any “extra payments” or additional financial compensation from the insurance company. You will be able to receive exactly as much as is provided for in this insurance case.

For information about why the MTPL insurance company is delaying payments, read Conclusion:

Regardless of whether the culprit of the accident was drunk or not, payment of insurance compensation for material and moral damage caused to the injured party is carried out in accordance with the general procedure, in accordance with the rules prescribed in the MTPL insurance contract.

Read about the compensation procedure

How do insurance companies treat accidents caused by drunk drivers?

Compensation to the injured party is paid by the insurance company with which the policy of the at-fault party was issued. You can find out where the driver was insured from the documents issued to the injured party by the traffic police officer.

To receive compensation, you must submit an application and copies of the following documents to the insurance company employee:

• Documents submitted to the traffic police (report, certificate of accident);
• autopsy report;
• conclusion of a forensic medical examination and certificates from medical institutions (in case of deterioration of health);
• driver's license, vehicle registration plates, passport.

Any money that an insurance company pays in a drunk driver case can be claimed by the insurer against the at-fault party as a subrogation. This means that the insurance company first pays compensation to the injured party and then recovers the insurance premium paid in full by the injured party from the at-fault party. First, this is done through pre-trial proceedings, and then, if the driver does not agree with the insurer’s requirements, through the court. The insurance company may also seek subrogation damages if the at-fault driver refused to submit to a medical examination, even if he drank alcohol after the accident.

Registration procedure

Road accidents while intoxicated are not uncommon, and unfortunately, some car owners do not appreciate the risk that even a small portion of alcohol may entail. If you are involved in an accident where the culprit is drunk, then in order to complete the protocol and ensure that compensation for damage to the victim will be paid, you need to call the traffic police officers, who will record the incident and issue a fine to the initiator of the accident.

In standard situations under compulsory motor liability insurance, if the culprit is drunk from alcohol or other psychotropic drugs, the police must carry out a procedure to determine the concentration of narcotic substances. But it is worth considering that a drunk driver has the right to challenge such an examination, because only an examination in a special laboratory with blood sampling can confirm the fact of intoxication.

Otherwise, the procedure for registering a car accident occurs as usual, with drawing up a protocol and filling out a notification of an accident, which are subsequently provided to the insurer along with the application.

According to the law, compensation under compulsory motor liability insurance in all cases, without exception, is due to the person who was injured in an accident. The at-fault driver, as well as the one who committed the accident without the participation of third parties, has no right to count on compensation. But sometimes the company may refuse to pay the victim.

Situations in which the victim will not receive payment for the damage caused are the following:

1. The company of the insured person, who was intoxicated and caused an accident, decided to apply a recourse claim to him. In this case, through a judicial authority, the victim has the right to demand compensation from the initiator of the disaster, if the insurance company has not done so.
2. The insurer refused to pay because both participants were drunk at the time of the accident and this is confirmed by the protocol and examination. In this situation, both participants are found guilty, which means that no one is entitled to compensation.
3. The culprit was drunk and caused an accident without insurance. Without a valid auto insurance form, the driver is not insured, therefore, the insured who is injured has the right to demand payment directly from the initiator of the accident.

If you, being a victim in an incident, after payment from the defender of the guilty car owner, remain dissatisfied with the amount, then you have the right to apply to the arbitration court in order to demand additional payment, but from the initiator of the accident.

To submit documents, the insured who was injured in an accident will need to provide to the judicial authority a protocol drawn up at the scene of the accident, a notice, an application for payment of compensation that was sent to the insurer of the guilty party, as well as the statement of claim itself.

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It indicates a request to recover the missing amount from the culprit to continue treatment or repair the car. To do this, you will need the results of an independent examination, which will prove that the damage exceeds the amount of compensation paid.

An accident with a drunk driver is processed in the same manner as a regular accident. The only difference is that the employee will have to reflect the fact of intoxication and indicate this information in the protocol.

The general order is as follows:

1. the employee determines the circumstances of the accident;
2. an inspection report is drawn up indicating information that the driver was drunk;
3. a certificate of the incident is registered;
4. a diagram of the incident is formed;
5. a report on checking the technical condition of the vehicle is drawn up;
6. a sobriety control protocol is formed.

If there are suspicions, the traffic police inspector will offer to undergo a test on site or at a medical facility if the driver does not agree with the test results or has some difficulties due to which the use of the device is impossible.

Driving while intoxicated

It is unacceptable for a driver who has consumed alcohol to be behind the wheel. This is due to ensuring the safety of other road users. In connection with the violation of the rules approved by Government Decree No. 1090, which entered into force on October 23, 1993, certain penalties were taken.

Legal standards

Due to the growing number of accidents involving drunk drivers, the law provides for both administrative and criminal sanctions imposed on the offender by the court. In such cases, the provisions of the law apply:

• Article 8 of the Collective Labor Agreement issued on December 30, 2001
• Article 264.1 of the Criminal Code, adopted on June 13, 1996.

These legal frameworks provide a clear indication of liability for drunk driving. Articles 115, 112, 111, 264 of the Criminal Code of the Russian Federation are indirectly applied in the event of a crime resulting in light or moderate harm to health or serious consequences or death.

Appeal against punishment

It cannot be said that the court always makes the right decisions. Even when it is proven that the culprit of the accident was drunk, everything is not so clear and there is a chance that the judge will make a mistake. The driver will have to appeal the actions of the authorities and the punishment awarded to him.

You can file a complaint if there is significant evidence that you are right. Before filing an application, you need to take into account the fact of how serious the crime was. The likelihood of challenging the punishment for an accident, the consequences of which turned out to be insignificant, is much higher.

Rules for registering an accident with a driver under the influence of alcohol

The circumstances, place and time of the accident are subject to establishment by traffic police officers who arrived at the request of the participants in the accident. Law enforcement officers inspect and assess the location of vehicles, the extent of damage to property and the health of people. If there are victims, they call an ambulance for hospitalization to save the lives of citizens.

It is important to know! The basis for the initiated case for the work of higher authorities is the protocol, which is drawn up at the scene of the incident. When the situation becomes clear, each party is interviewed and all information received is recorded in writing.

The protocol includes the following information:

• a plan of the area where the incident occurred;
• road conditions;
• location of relevant equipment;
• objects and traces associated with an emergency;
• signatures of all parties involved in the case and witnesses.

In the event of an accident involving drivers who are intoxicated or injured, bystanders are also involved in the process, who then participate as witnesses in explaining the causes and conditions of the accident. The fact of intoxication is established in the presence of witnesses in a medical institution by drawing blood. The inspector has the right to use a breathalyzer when stopping a vehicle.

Within 10 calendar days from the date of preparation, the report is sent to the judicial authority, where a decision is made to prosecute the offender. A citizen has the right to appear at a trial, defend his position and prove his case if he considers himself innocent. Victims whose health or property was damaged may apply to the court for compensation, indicating its amount.

What to do if a drunk driver does not have insurance?

This is the most unpleasant situation. The driver of the car is drunk and uninsured. In this case, you must immediately put up an emergency sign, turn on the hazard lights and call the traffic police. Inspectors will conduct an on-site examination or refer the allegedly drunk person to the nearest medical facility. institution. A protocol will be drawn up regarding the accident.

In this situation, the insurance company should not reimburse or pay anything.

Attention! If people were injured in the incident, then you can apply to the RSA for compensation for damage to life and health. The payment limit is 500 thousand rubles for each victim.

You will inevitably have to go to court for compensation for moral and material damage. To do this, it is advisable to first contact a lawyer. He will help you draw up a statement of claim and collect all the necessary documents. By decision of the court, the culprit will be obliged to compensate the damage in full under s. 1064 of the Civil Code of the Russian Federation.

Within 10 days, the defendant will be able to challenge the court decision, then he must execute it and pay damages. Otherwise, the bailiffs will intervene.

Punishment for drunk driving accidents with victims

What are the penalties for an accident involving a drunk driver? If we talk about criminal liability, then the degree of bodily injury is taken as the basis for the driver.

If they are recognized by (official) doctors as benign, administrative liability will follow.

It consists in the fact that the punishment is applied in the form of a fine of up to 5 thousand rubles, or in the form of deprivation of a license for a year or a year and a half.

If there is a fatal accident involving a drunk driver, we are already talking about criminal liability.

It involves the court imposing a sentence of imprisonment for a term of 5 to 12 years (Part 4 of Article 264 of the Criminal Code of the Russian Federation).

Responsibility and punishment for causing an accident while drunk

The penalties for drunk driving have become quite severe. The approach to the formation of criteria for recognizing a driver as drunk has also changed. Therefore, if traffic offenders get into an accident while intoxicated, they prefer to flee the scene.

There are two possible scenarios for the development of events:

1. a drunk driver who runs away from the scene of an accident waits until he sobers up, and then he goes to the police station and admits that he left the scene of the accident, explains it as stress, repents and asks to take into account that as soon as the effect of stress passed, he himself came to representatives of law enforcement agencies;
2. the fugitive does not even wait for his sobering up, but immediately contacts the police with a statement about the theft of a vehicle.

In the first case, liability cannot be avoided, but it may be more modest than if it was witnessed and documented that one of the drivers, the alleged culprit of the accident, was drunk. Leaving the scene of the incident is attributed to passion, which supposedly did not allow him to fully control his behavior. In the future, if there is complete repentance and a desire to compensate for the damage, then the fugitive can hope for some leniency from the court.

In the second case, there is a clear violation of several articles of the Criminal Code, but in order to be held accountable, you will have to prove that there was no theft, and this is not so easy.

IMPORTANT

In any case, if an accident occurs and one of the participants leaves, then the second should not pursue him. The law dictates that all involved must remain at the scene. A law-abiding citizen must comply with this requirement and wait for the arrival of traffic police officers. You can call lawyers and try to interview witnesses yourself, write down their contact information, but the scene of the incident itself should be left in the same condition as it was when the engine was turned off.

Step-by-step instructions for actions in case of an accident involving a drunk driver

The very fact that one of the participants in an accident suspects the other of being intoxicated does not make any changes to the general algorithm of behavior in case of an accident. It's necessary:

• stop moving;
• sound alarms and display appropriate warning signs;
• If necessary, call the traffic police and ambulance;
• In case of injury, try to provide first aid;
• if this is provided for in the insurance contract, call an employee of the insurance company to the scene of the accident;
• if necessary and possible, invite lawyers, for example, your regular lawyer;
• record the coordinates of the people involved in the accident and witnesses.

During an accident caused by a drunk driver, the law does not prohibit you from taking photos and videos. This can be done using a car DVR or any other camera. You can take photos of all the people and everything related to the event.

Traffic police officers are required to conduct an independent check on the state of intoxication of the alleged culprit of the accident.

Then you must receive a copy of the accident report and a report from the traffic police. With these documents, you can contact the insurance company to receive compensation for the damage. However, this is only possible if the other party to the collision has a third party insurance policy. If the victim’s company for some reason cannot make a payment, the victim can contact the insurance company of the person at fault in the accident in accordance with Section 9 of Article 14.1 of the Federal Liability Insurance Law.

In order to claim compensation, the extent of the damage must be determined, and this may require an expert opinion. Therefore, calling an independent accident damage expert may also be on your list of necessary actions.

If the victim was drunk at the time of the accident

Based on the above, in all cases, it is the culprit who must pay the damage to the victim, and it does not matter whether he does this personally or by paying a recourse claim from the insurance company. But if a drunk driver gets into an accident and is recognized as a victim, then some disputes may arise.

According to the law on compulsory car insurance of citizens, a participant in an accident who is found to be an innocent party receives compensation in the form of compensation in kind (car repairs at a service station) or payments that will be used to purchase medicines and pay for doctors’ services to restore health.

Criminal liability

However, if injuries are sustained as a result of an accident committed while drunk, criminal punishment will already be for violating traffic rules with serious consequences, and the state of intoxication will only increase its severity.

The Criminal Code of the Russian Federation does not have a separate article providing for criminal punishment for the fact that a person has committed a traffic accident while intoxicated. The fact of intoxication is considered an aggravating circumstance and increases the severity of the criminal punishment against the guilty person.

Reader Questions

Answer: In accordance with Article 264, note 2, a driver who refuses to undergo testing for the presence of alcohol in the blood is automatically recognized as a person under the influence of alcohol. If the driver has not actually been drinking, you should not refuse medical procedures.

Answer: You should not leave the scene of the accident, as this will entail additional penalties. It is worth proceeding according to the usual scheme prescribed by the Rules.

Answer: The police officer will send the participant in the accident for a medical examination. If there is more than 0.3 ppm of alcohol in the blood or more than 0.16 in the exhaled air, the driver will be considered drunk.

OSAGO payments in case of an accident with a drunk driver

Legal regulation of road accidents involving a drunk driver is carried out simultaneously by several branches of law. Depending on the circumstances, the following rules may apply:

• Civil Code;
• Criminal Code;
• Code of Administrative Offences;
• the federal law.

As a rule, a driver under the influence of alcohol can be punished even without establishing guilt in an accident. Thus, part 1 of clause 12.8 of the Code of Administrative Offenses of the Russian Federation establishes the following punishment for driving a vehicle while intoxicated: a fine of 30,000 rubles or deprivation of a driver’s license for up to one and a half years. In case of repeated violation, the person faces criminal liability. Punishment in this case can be carried out in the form of:

• a fine of up to 300,000 rubles;
• imprisonment for up to 15 days;
• imposition of compulsory work - up to 480 hours;
• licenses for up to two years.

Normative base

In view of the particular danger of such accidents, the state decided to significantly tighten the punishment for such violations.
Additional information about road accidents while intoxicated is included in Article 264 of the Criminal Code of the Russian Federation. Part 1 of this article describes several types of penalties for drunk drivers:

1. Driving while intoxicated - a fine of up to 30 thousand and deprivation of driving license for 1.5-2 years. The penalties for refusing to check are identical.
2. Repeated similar violation – a fine of up to 50 thousand and deprivation of rights for 3 years. A repeated violation is considered to be committed no less than 12 months from the date of the previous one.
3. Aggravating factors - the fine increases to 200 thousand and is accompanied by imprisonment for up to 2 years.

The legislation strictly defines the concept of intoxication: a citizen can be considered intoxicated if more than 0.16 ppm is detected in his exhaled air. Such a limit is provided because some drinks also contain certain degrees, but do not affect the ability to drive a vehicle.

The law states that in a traffic accident, an officer must determine intoxication by:

• external signs;
• specific smell;
• breathalyzer readings.

The driver may request a test drive in lieu of using a breathalyzer.

The liability of a person who drives a vehicle while intoxicated may lie in administrative or criminal jurisdiction. Article 12.8 of the Code of Administrative Offenses defines administrative liability for drunk driving, and Article 264 recently appeared in the Criminal Code.

1 addresses the issue of administrative prejudice. This means that in some cases, violations that usually remain within the scope of the Code of Administrative Offenses may come within the scope of application of articles of the Criminal Code. To do this, it is necessary that the driver commit a repeated administrative offense during a period when the period of punishment for a previously committed similar act has not yet expired.

Attention

Both articles regulate only the punishment for driving while drunk. If some kind of accident occurs during this period, then intoxication becomes an aggravating factor that increases liability under other articles of the Criminal Code. For example, Article 264 indicates that causing grievous bodily harm as a result of an accident by a non-sober driver is punishable by imprisonment for up to 3 years, and by a drunk driver - for up to 4 years.

How to get compensation?

Article 35 of Federal Law No. 4051-1 of 27/11/1992 provides that any dispute between the insurer and the policyholder must be resolved in court. The procedure for receiving payment under compulsory motor liability insurance from the culprit of an accident who is in a state of intoxication is as follows:

1. The traffic police officer records the fact of the accident and identifies the culprit.
2. The injured party receives compensation from the insurance company.
3. The insurer then demands the amount paid from the person at fault for the accident.

Is the insurer obligated to make a payment under compulsory motor liability insurance?

Based on the provisions of Article 14.1 of the Federal Law on compulsory insurance, compensation for damage is carried out in a situation where an offense was committed as a result of a collision between two vehicles, the auto liability of the owners of which is covered by a policy based on the legislation on compulsory motor liability insurance. Everyone involved in the incident must have valid insurance; in this situation, they can expect to receive payment from the insurance company.

The insurer does not provide compensation in cases where:

• There was a collision with an obstacle;
• If there were casualties during the collision;
• There are more than two participants in the accident.

An important decision for the culprit of the incident, if he was drunk, will be to contact independent experts before notifying the insurance company.

After registering the incident and receiving a certificate about what happened from the traffic police, you can submit documents to the company that issued the policy to the victim. If its license is revoked or a procedure is initiated against it to declare the company insolvent, the person who suffered the loss has the right to make claims for compensation for damage to the insurance agent of the guilty party, who is obliged to pay the due amounts.

So this is a completely standard situation:

1. Register an accident;
2. Receive the necessary documentation from the traffic police;
3. Submit it to the insurance organization and wait for payment within 20 days;
4. If the amount paid is underestimated, you will need to order an independent examination by inviting a representative of the insurance company to inspect the car.

By the way, many insurers in such cases begin to look for reasons not to accept documents. To prevent this situation, it is better to obtain the opinion of an independent expert, because the company may request a court decision to deprive the culprit of his rights for driving while drunk.

What information must the culprit provide to refute the fact of drunkenness?

Obviously, the fact that the person responsible for the accident was drunk must be proven when deciding whether to take measures to pay compulsory motor insurance. A person suspected of committing such a crime, on the contrary, can prove that he is of sound mind and must undergo a medical examination in the prescribed manner.

In any case, the fact that the person responsible for the accident was intoxicated must be documented. In this case, measurement using instruments available to traffic police officers is not considered confirmation. A blood test in a medical institution is mandatory, and only the results of such a test can document the degree of intoxication of the offender.

What changes could happen in 2021?

It is planned to toughen the punishment for driving without compulsory motor liability insurance. According to the bill, a driver who has not entered into an insurance contract will face a fine of 5 thousand rubles, and in case of a repeat offense - deprivation of his driver's license for up to six months. However, the bill has not yet been adopted and is unlikely to be implemented in 2021.

However, it is likely that driving without OC will be punishable by fines using traffic cameras this year. This system has already been tested and proven to be effective. Most likely, it will be launched in some regions, and then throughout the country. The number of fines issued by cameras will be limited: a driver can receive only one fine per day.

If you are the culprit, but the other driver is drunk

It would seem that all the blame for the incident falls solely on the culprit, while the condition of the injured party does not matter. In reality, things are a little different.

In such an accident, the court will pay attention not to the fact of traffic violations, but to the connection between the incident and the violations committed. In other words, when establishing guilt, the court answers the question of whether the absence of any violation could have helped to avoid what happened.

The court does not recognize that the accident occurred due to the intoxication of the victim in the following situations.

1. The citizen did not give way - the collision was provoked not by the intoxication of the victim, but by the failure to comply with traffic rules by the person responsible for the accident.
2. A drunk driver was sitting in an unstarted car, and the offender drove in reverse and hit the victim’s car.
3. A motorist was changing lanes, and a drunken warrior did not give way to him - the blame will fall on the one who changed lanes, since it was his actions that led to the collision. However, the culprit may indicate that the drunk driver deliberately created the danger, and the court will place part of the responsibility on the victim.

The maximum that the culprit can claim in other situations is mutual responsibility. It is impossible to name specific conditions under which the punishment will be divided; it all depends on the court’s view of the situation that has arisen.

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Many drivers are concerned about what will happen if a drunk passenger is to blame for an accident. The passenger will not bear any responsibility and all the blame will fall on the driver if he does not prove the guilt of this passenger.

Current legislation regarding accidents involving intoxicated participants

Russian law prohibits the use of a car without a valid auto insurance policy. This is established by federal law dated April 25, 2002. “On compulsory civil liability insurance for vehicle owners.” No. 40-FZ. This law does not provide for any restrictions on the payment of compensation in the event of intoxication of the victim of an accident. Below we will look at possible situations in more detail.

If the at-fault driver is drunk, will insurance pay the claim? Definitely yes. Some insurance companies provide in their contracts a clause stating that in the event of an accident due to the fault of the insured while intoxicated, they are not obliged to compensate for damage. This is against the law. The law does not define such a condition as a basis for refusing compensation. On the other hand, Article 14 of the Law states that the insurance company has the right to file a recourse claim against the culprit of the accident and demand a return of the money spent.

An accident involving a drunk driver is an offense for which the culprit may be subject to administrative and sometimes criminal liability. This is provided for in Article 264-1 of the Criminal Code of the Russian Federation.

The standard defines penalties for those who drive while intoxicated, refuse to take a test, or have multiple accidents while intoxicated. Such violators face:

• Everything is fine;
• compulsory (forced) labor;
• entrapment.

What sanction will be applied depends on the complexity of the situation.

Punishment for a drunk driver who causes harm to the life (health) of people is provided for in Article 264 of the Criminal Code of the Russian Federation.

Why do drunk drivers still drive?

A wide variety of situations can arise in life that lead to a drunk person getting behind the wheel. And this is not always accompanied by the desire to simply ride in search of adventure. There are times when it is vital to urgently be in one place or another. And it’s good if nothing happened to the drunk driver and he was not detained by the traffic police.

It is important to remember that getting into an accident or being detained will lead to quite irreparable consequences. In addition, the fine, if there are victims, will be substantial, not to mention prosecution, even criminal liability.

The main provisions governing insurance payments under compulsory motor liability insurance are set out in the Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance of civil liability of vehicle owners.” In addition to the general grounds, this legal act regulates compensation for damages from compulsory motor liability insurance in case of an accident due to the fault of a drunk driver.

What are the obligations of the insurance company and the drunk driver to pay the victim? How to get compensation for an insurance accident involving a drunken culprit? We will answer these and other questions in this article.

Accident with a drunk victim: can he count on compensation?

If it is proven that the culprit of the accident was a sober driver, and the victim was intoxicated, the insurance company does not have the right to refuse to pay him under compulsory motor liability insurance. His condition is not grounds for refusal, even if it is:

• refused to undergo examination;
• fled the scene;
• does not have a current liability policy.

However, a drunk driver will also be punished. He will be held accountable under Article 12.8 of the Code of the Russian Federation on Administrative Offenses. The punishments are quite severe. They can expect a fine of 30,000 rubles, as well as deprivation of rights for a period of one and a half to two years. The owner of a car who allowed a drunk citizen to drive will be punished in the same way. If it turns out that such a person does not have a license or has been deprived of it, he will be punished with administrative arrest (10-15 days) or a fine of 30 thousand rubles.

Persons who repeatedly commit such a crime will be prosecuted under Article 264.1 of the Criminal Code.

Legislative measures

In 2014, a bill was considered to make the punishment even tougher. The initiative was approved by the State Duma of the Russian Federation, and in 2015 the amendments came into force.

The most common and tragic causes of road accidents are cases when a drunk driver is the culprit of the accident. At the same time, the most common question asked by the injured party is the following: “Will the insurance company of the person at fault for the accident pay financial compensation for the damage caused to me?”

In this article we will try to analyze this situation in as much detail as possible. This can be done by answering the following questions: What are the conditions for insurance payments in case of an accident? Will the insurance company pay financial compensation if the culprit of the accident is a drunk driver?

So, if the driver is stopped and it is discovered that he is intoxicated, he will be subject to penalties corresponding to administrative liability (deprivation of his license, a fine of 30 thousand rubles).

Read about how to get your license back after driving while drunk.

If a drunk driver is found to be the culprit of an accident, he will be subject to penalties corresponding to criminal prosecution (deprivation of his license, fine, imprisonment, etc.). The state of alcoholic intoxication in this case will be considered an aggravating circumstance.

The reasons lie in the well-established prejudice - that alcohol intoxication is the basis for the insurance company to be exempt from paying insurance compensation.

Read about the latest changes in MTPL payments.

An accident involving a drunk driver is considered a double violation: firstly, the driver, by driving while intoxicated, violates the rules of the road, and secondly, by becoming the culprit of the traffic accident, he becomes a criminal and is liable in accordance with the Criminal Code Code of the Russian Federation.