What happens in an accident without insurance for the victim. What to do if the victim in an accident without insurance What happens if one driver has no insurance in an accident

in this case, you do not need an OSAGO policy, because it is needed in order to pay money to the victim in case of your fault in an accident.

But the fact that the car is not insured (CASCO) is bad, because if you don’t have enough OSAGO limit to restore it, then the rest of the money will have to be won from him through the courts.

But you will still be punished:

Article 12.37. Failure to comply with the requirements for compulsory civil liability insurance of vehicle owners

(introduced by Federal Law No. 41-FZ of April 25, 2002)

1. Driving a vehicle during the period of its use, which is not provided for by an insurance policy of compulsory civil liability insurance of vehicle owners, as well as driving a vehicle in violation of the conditions provided for by this insurance policy for driving this vehicle only by the drivers specified in this insurance policy -
shall entail the imposition of an administrative fine in the amount of five hundred roubles.

2. Failure by the owner of a vehicle to fulfill the obligation established by federal law to insure his civil liability, as well as driving a vehicle, if such compulsory insurance is known to be absent -
shall entail the imposition of an administrative fine in the amount of eight hundred roubles.
(as amended by Federal Laws No. 116-FZ of 22.06.2007, No. 196-FZ of 23.07.2013)

And besides this punishment, there will also be this:

Article 27.13. Detention of the vehicle, prohibition of its operation

(as amended by Federal Law No. 69-FZ of April 21, 2011)

1. In case of violations of the rules for operating a vehicle and driving a vehicle of the corresponding type, provided for in part 1 of Article 11.8.1, Articles 11.9, 11.26, 11.29, part 1 of Article 12.3, part 2 of Article 12.5, parts 1 and 2 of Article 12.7, parts 1, 3 and 4 of article 12.8, parts 4 and 5 of article 12.16, parts 3-4, 6 of article 12.19, parts 1-3 of article 12.21.1, part 1 of article 12.21.2, article 12.26, part 3 of article 12.27, part 2 of article 14.38 of this Code, the detention of the vehicle is applied, that is, the exclusion of the vehicle from the process of transporting people and goods by moving it with the help of another vehicle and placing it in the nearest specially designated guarded place (to a specialized parking lot), and storing it in a specialized parking lot until the cause of detention is eliminated . If, due to the technical characteristics of the vehicle, it is impossible to move it and place it in a specialized parking lot in the event of an administrative offense provided for in part 1, 2 or 3 of article 12.21.1 or part 1 of article 12.21.2 of this Code, the detention is carried out by stopping the movement with the help of blocking devices . If the vehicle, in respect of which the decision on detention has been made, creates obstacles for the movement of other vehicles or pedestrians, it may be moved before the start of the detention by driving the vehicle by its driver or persons specified in part 3 of this article, in the nearest place where this vehicle will not create such obstacles.
(as amended by Federal Laws No. 31-FZ of 02.04.2012, No. 98-FZ of 07.05.2013)
2. In case of violations of the rules for operating a vehicle and driving a vehicle, provided for in Articles 8.23, 9.3, part 2 of Article 12.1, Article 12.4, parts 2-7 of Article 12.5, article 12.37 of this Code, the operation of the vehicle is prohibited, while state registration plates are subject to removal until the reason for prohibiting the operation of the vehicle is eliminated. It is allowed to move the vehicle, except for the cases provided for in Article 9.3 and Part 2 of Article 12.5 of this Code, to the place of elimination of the reason for the prohibition of operation of the vehicle, but not more than within a day from the moment of prohibition of operation of the vehicle. After the elimination of the reason for the prohibition of the operation of the vehicle, the state registration plates are returned to its owner, the representative of the owner or the person who has the documents necessary to drive this vehicle.
(as amended by Federal Laws No. 116-FZ of 10.07.2012, No. 252-FZ of 25.12.2012)
3. The decision to detain a vehicle of the appropriate type, to prohibit its operation or to terminate the said detention and prohibition shall be made by officials authorized to draw up protocols on relevant administrative offenses, and in relation to a vehicle of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, engineering and technical, road construction military formations under the federal executive authorities or rescue military formations of the federal executive authority authorized to solve problems in the field of civil defense, as well as officials of the military automobile inspection. The said officials draw up a protocol on the application of an appropriate measure to ensure proceedings in a case of an administrative offense.
4. The protocol on the detention of the vehicle or the protocol on the prohibition of the operation of the vehicle shall indicate the date, time, place, grounds for the decision to detain the vehicle or prohibition of its operation, the position, surname and initials of the person who drew up the protocol, information about the vehicle and about the person in respect of which the appropriate measure for ensuring the proceedings in the case of an administrative offense has been applied. The protocol on the detention of the vehicle shall indicate the name of the body (institution, organization), position, surname, name and patronymic of the person who will execute the decision to detain the vehicle.
5. A report on the detention of a vehicle or a protocol on the prohibition of the operation of a vehicle is signed by the official who drew it up and the person in respect of whom the appropriate measure for securing proceedings in a case of an administrative offense was applied.
6. In case of refusal of the person in respect of whom the measure of securing proceedings in the case of an administrative offense is applied, from signing the protocol, an appropriate entry is made in it.
7. A copy of the protocol on the detention of a vehicle of the appropriate type or the protocol on the prohibition of the operation of the vehicle shall be handed over to the person in respect of whom the appropriate measure for securing proceedings in a case of an administrative offense has been applied.
8. The report on the detention of the vehicle in the absence of the driver is drawn up in the presence of two witnesses.
9. The movement of vehicles of the Armed Forces of the Russian Federation, internal troops of the Ministry of Internal Affairs of the Russian Federation, engineering, technical, road-building military units under federal executive bodies or rescue military units of the federal executive body authorized to solve problems in the field of civil defense, to a specialized parking lot, their storage, payment of expenses for transportation and storage, return of vehicles and ensuring the prohibition of the operation of the vehicle are carried out in the manner established by the Government of the Russian Federation.
10. Moving vehicles to a specialized parking lot, with the exception of vehicles specified in paragraph 9 of this article, their storage, payment of transportation and storage costs, return of vehicles to their owners, representatives of owners or persons who have documents necessary for driving by these vehicles are carried out in the manner established by the laws of the constituent entities of the Russian Federation.
(as amended by Federal Law No. 252-FZ of December 25, 2012)
11. The costs of moving and storing a detained vehicle, with the exception of the vehicles specified in paragraph 9 of this article, shall be reimbursed by the person who committed the administrative offense that caused the application of the detention of the vehicle.
12. In case of termination of proceedings in a case of an administrative offense on the grounds provided for in paragraph 1, paragraph 2 (except for the case when an individual at the time of committing unlawful actions (inaction) did not reach the age provided for by this Code for bringing to administrative responsibility), paragraphs 3, 7 of part 1 of article 24.5 of this Code, the costs of moving and storing the vehicle are reimbursed in the manner prescribed by the legislation of the Russian Federation, and the vehicle is immediately returned to its owner, representative of the owner or a person who has with him the documents necessary to drive this vehicle.
(as amended by the Federal Law of December 25, 2012 N 252-FZ

The growth of insurance rates, which resulted in an increase in the price of the OSAGO policy, gave rise, as a response, to the refusal of some motorists to conclude a liability insurance contract.

According to unofficial statistics, today more than half of vehicle owners do not take out an OSAGO policy. At the same time, they objectively believe that they face only a fine, and then only if the traffic police reveals the fact of non-fulfillment of the obligation to insure civil liability, with a knowingly insignificant amount of money.

However, the failure of the vehicle owner to fulfill the obligation to insure his civil liability in the event of an accident entails more serious consequences.

What threatens an accident without insurance in 2017?

According to Part 2 of Art. 4 of the Federal Law "On Compulsory Insurance of Civil Liability of Vehicle Owners" dated April 25, 2002 No. 40-FZ, the driver is obliged to insure his civil liability. The commission of an accident by a driver who does not have an OSAGO policy threatens only with liability for failure to fulfill the obligation of the vehicle owner to insure his civil liability. The absence of insurance from a participant in an accident involves the imposition of an administrative fine on him in the amount of 800 rubles in accordance with Art. 12.13 Administrative Code of the Russian Federation.

The culprit of an accident without OSAGO insurance

The claim for compensation for damages from the perpetrator in the absence of an OSAGO policy is based on the general principles and principles of civil law. At the same time, the reasons why the perpetrator of the accident did not insure his civil liability - whether it was his desire to save money, the purchase of a car less than ten days before the accident, etc., do not matter when recovering the amount of damage. They cannot serve as a basis that relieves the perpetrator of an accident from liability, as well as act as a circumstance mitigating his guilt.

Important! The culprit of the accident, in the absence of an OSAGO policy, pays for the damage caused at his own expense.

The absence of an OSAGO policy at the culprit of an accident also affects the determination of the amount of damage. In particular, the depreciation of the vehicle is not taken into account here, the amount to be recovered consists of the total cost of the replaced spare parts and standard hours for restoration work at average market prices in force in the region of the accident.

Important! The culprit of an accident without insurance is obliged to compensate the damage caused in full.

In general terms, the recovery of damages from the culprit of an accident who has not issued an OSAGO policy does not differ much in the sequence of actions from applying for compensation to an insurance company. The only difference is that most often in such cases, it is necessary to recover the damage caused in court. If the culprit does not have an OSAGO policy, the registration of a traffic accident is carried out by police officers. Therefore, before making a decision to call a traffic police inspector or draw up a European protocol, you should make sure that the culprit has a valid OSAGO policy, and if there is any doubt about its authenticity, check through the relevant PCA services presented on their official website. Since the mobile phone is always at hand, you can do this at any time.

Important! Appeal to the court is preceded by the proper registration of a traffic accident.

After registering a traffic accident and obtaining the necessary copies of documents, the amount of damage caused and the cost of remedial repairs should be assessed. For these purposes, an examination is organized, the time and place of which the perpetrator of the incident is notified by telegram. Before going to court, it will not be superfluous to try to reach an agreement with the perpetrator of the accident on voluntary compensation for the damage caused. If an agreement can be reached, a written agreement is drawn up, which reflects the causes of the debt, its amount and the procedure for its payment: either by a certain time, or within a specified period, with a breakdown by payment amounts, or without it.

If the perpetrator does not agree with the amount of damage or refuses to pay it voluntarily, there is only one way out - going to court. A statement of claim for the recovery of the amount of damage from the perpetrator of a traffic accident is filed with the court at the place of his residence. There are no exceptions in this case to the general rules of jurisdiction of the dispute. Depending on the amount of damage: whether it exceeds fifty thousand rubles or not, a claim can be filed with a justice of the peace or with a district court. From the culprit, the costs incurred to assess the damage, the amount of loss of the commodity value of the car, the costs of paying for the services of a representative are also subject to recovery.

Important! It is not necessary to file a claim for compensation for non-pecuniary damage when filing a claim. In this case, unlike disputes with the insurance company, non-pecuniary damage is not recoverable.

With the entry into force of the decision made by the court, it is subject to transfer for execution to the bailiff service. For these purposes, a writ of execution is obtained in the office of the court, on the basis of which, at the request of the victim, the bailiff-executor must carry out enforcement proceedings and recover damages in the amount established by the court.

It is worth considering the fact that if the perpetrator of the accident had an OSAGO policy, but the victim did not, then the insurance company has the right, after paying insurance compensation to another participant in the accident, on the basis of clause 1 of Art. 965 of the Civil Code of the Russian Federation to recover from the culprit the paid funds in the order of subrogation.

Injured in an accident without OSAGO insurance

In the case of the absence of an OSAGO policy for the victim, things are somewhat simpler. Of course, he cannot avoid an administrative fine, but there may not be judicial ordeals with compensation for damages. If the victim does not have an OSAGO policy, he is not deprived of the right to receive insurance compensation. But he will have to apply for it to the insurance company of the culprit. This state of affairs is due to the fact that OSAGO does not insure property, but the liability of its owner to third parties for causing harm as a result of using the vehicle.

Basically, the algorithm for contacting the insurance company of the culprit is similar to that when applying to your company in the order of direct compensation for damage.

The victim is required to provide a similar package of documents, the damage received is also assessed, and the payment of insurance compensation must be made within the twenty days allotted by law from the date of application. Moreover, the absence of an OSAGO policy from the victim does not affect its size. The absence of an OSAGO policy for a victim in a road traffic accident also cannot serve as a basis for refusing to pay insurance compensation to him. Such a refusal can be challenged in court with a fairly high prospect of a decision in favor of the plaintiff.

Important! If the victim in an accident does not have an OSAGO policy, he has the right to apply for the payment of insurance compensation to the company of the culprit.

What to do if you get into an accident without insurance?

In case you got into an accident without insurance, there are no special recommendations. The procedure for its registration is no different from the procedure for registration of an accident if its participants have insurance. As noted above, in this case, the registration of an accident occurs exclusively by the traffic police, the possibility of its registration according to the "European protocol" is excluded. Each of the participants in such an accident, regardless of their role (status): perpetrator or victim, when registering an accident, should make sure that the procedural documents contain the contact details of the participants (passport, address, phone number). It is on the basis of this information that the court is determined, to which claims for the recovery of damages will be addressed in the future.

Important! Registration of an accident according to the European protocol is allowed only if both drivers have insured civil liability in accordance with applicable law.

The algorithm of actions of the driver in the event of an accident must be observed in any case:

• call the traffic police to the scene of an accident;
• in no case, before the arrival of the traffic police, do not move the vehicle and do not leave the scene of the accident;
• if possible, fix the place of the accident on a photo or video filming;
• find witnesses to the accident and ask them to provide you with phone numbers and addresses;
• after the traffic police officers have taken appropriate actions, vehicles should be removed from the accident site so that they do not create obstacles for other drivers.

Traffic police officers must carry out the following actions without fail:

• drawing up a map of the scene of an accident;
• inspection of vehicles and determination of damages;
• determination of the culprit of the accident;
• interviewing witnesses (if any) or watching a video recording of the incident;
• protocol formatting.

After the inspector has performed the above actions, he is obliged to issue a copy of the drawn up protocol to all participants in the accident. This document serves as an evidence base in determining the guilt in court of one of the drivers.

How to recover a penalty from an individual in case of an accident without insurance

In accordance with Part 1 of Article 1064 of the Civil Code of the Russian Federation, if damage was caused to the property of a citizen, then the person who caused this damage is obliged to compensate it in full. The Civil Code of the Russian Federation classifies the use of a car as an activity that creates an increased danger to others (Article 1079 of the Civil Code of the Russian Federation). The owner of the vehicle is obliged to compensate for the damage caused, unless he proves the existence of circumstances excluding his liability. Given the fact that the person who caused the accident does not have a policy of compulsory civil liability insurance, the victim has the right to recover the harm caused to him only in the course of judicial proceedings.

To do this, he needs to present claims at the place of residence of the defendant in a court of general jurisdiction. It should be borne in mind that if the price of the claim is determined to be less than 50 thousand rubles, the statement of claim is sent to the justice of the peace, otherwise this civil case is considered by the district court in accordance with Article 23, Article 24 of the Code of Civil Procedure of the Russian Federation. The general basis for recovering damages from the owner is the presence of guilt. When distributing responsibility, judicial practice proceeds from the principle of guilt, first of all, the driver who was driving the car at the time of the accident.

When satisfying the applicant's requirements, the court takes into account all the circumstances of the case and obliges the person who caused the harm to compensate for the damage in kind (for example, pay for car repairs) or compensate for the losses caused in accordance with Art. 1082 of the Civil Code of the Russian Federation.

Important! The court does not set a deadline for compensation for property damage.

According to paragraph 12 of Art. 30 of the Federal Law of 02.10.2007 No. 229-FZ “On Enforcement Proceedings”, after the perpetrator of the accident receives a decision to initiate enforcement proceedings, issued on the basis of a court decision, a bailiff sets a five-day period when he can voluntarily fulfill his obligation.

If the decision was not challenged and within the specified period the perpetrator of the accident did not fulfill his obligations, the bailiff begins the procedure to search for money, property and other income of the debtor, which can be levied. The writ of execution will be sent to the official place of work of the perpetrator of the accident and, in accordance with Art. 138 of the Labor Code of the Russian Federation, up to 50% can be withheld from the salary of the latter until the obligation is fulfilled. The bailiff may seize the property or other income of the debtor. It is also possible to list his belongings (household appliances, expensive furniture, etc.) at the place of residence or registration, which will be confiscated and sold at auction. The proceeds will be used to pay off the debt.

If you find yourself in a similar situation, you should immediately seek the help of a lawyer. When contacting a specialist, he will be able, after analyzing your documents, to determine the further development of the situation that is most successful for you. Our auto lawyers are ready to offer their assistance, please contact us using the feedback form or by calling the phone numbers listed on our website.

ATTENTION! Due to recent changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge.

In the event that no people were injured in the accident, only two vehicles were involved and their drivers have no claims against each other. In this case funds are used to restore the damaged car of the injured party.

Another rather significant plus is the penalty on the part of the insurance company in case of delayassigned for each day.

Traffic accident and insurance

Lack of paper from the one who is to blame

Damage caused in an accident is fully covered by the person who caused it. This is regulated by article 1064 of the Civil Code of the Russian Federation. As a result of the repair of the injured vehicle, the culprit of the accident, if he is not insured, pays on his own. In addition, you will have to pay a fine for driving a vehicle without a policy, and in some cases also compensate for non-pecuniary damage.

This situation can be resolved in three ways:

We talked in detail about what the parties to the accident should do if the culprit does not have OSAGO, and you will find out how and in what order it will be possible to recover compensation for the damage caused from him.

Victim without document

The situation when you do not have an insurance policy and you are not at fault is not uncommon. To date OSAGO policy is not a right, but an obligation, therefore its absence implies sanctions. If the accident is not your fault and the damage is minor, then the driver can negotiate with the culprit on compensation for damages on the spot. If not, you should call the traffic police. So, the algorithm of actions to avoid financial costs:

It is quite difficult to prove your innocence on your own. In this case, it is best, of course, to take the help of a qualified specialist. Significantly facilitate the task of recording from the camera of the DVR and testimony.

In such a case, the insurance company of the guilty person should pay the funds. To do this, you first need to collect the package and present it to the insurer. This can be done both under the OSAGO policy and under the CASCO policy.

Depending on the type of insurance of the culprit, the procedure will differ. In addition, you need to consider the situation when too. It should be borne in mind that if the amount of compensation is much less than the damage caused, it is worth insisting on.

In more detail, the question of what will happen if the victim in an accident does not have an OSAGO policy, we considered in.

The presence of the document at the culprit

1. Ask to see the policy and check that it contains the name of the culprit.
2. Record company data, policy number and date of issue, make copies if possible.
3. Attach as standard.
4. Contact the specified insurer for damages.
5. Do not carry out any repairs until the affected vehicle has been inspected. By law, this must be done within five working days from the date of submission of documents.

The presence of CASCO at the instigator

Important! A participant in an accident, you are guilty or injured, if you have CASCO, but there is no OSAGO, you are equated to the driver of a vehicle without insurance, that is, you are a violator.

1. The culprit of the accident must apply in writing to the insurer, and it is important not to delay. The damage must be compensated in full, otherwise a lawsuit should be filed with the court, but it is desirable to resolve the situation out of court.
2. Wait for the examination from the insurance company, which, according to the law, must be completed no later than 5 days from the date of submission of documents.
3. Evaluate the result of the examination. If it does not cover the amount of damage, demand a re-independence, and then go to court.

The instigator of the accident has nothing

The situation is much more complicated when the culprit of the accident also lacks any insurance. It is desirable, of course, in this case to do without litigation, especially if the damage is small. If it was not possible to agree on the spot, you should:

1. Immediately call the traffic police inspectors.
2. Appoint an independent review.
3. If the result suits the victim, assign the amount of compensation. If not, then you should go to court.
4. Try to resolve the situation without court by agreement if the other party agrees to the proposed amount of payment.

Litigation cannot be avoided unless the other party pleads guilty, refuses to pay damages or does not agree with its size, and also if the damage to the victim's car is significant.

In both cases, it is necessary not only to settle the issues of compensation for damage, but also to pay a fine for driving without a compulsory vehicle insurance policy. The amount of the fine, according to Article 12.37 of the Code of Administrative Offenses, is 800 rubles.

Article 12.37 of the Code of Administrative Offenses. Failure to comply with the requirements for compulsory civil liability insurance of vehicle owners

1. Driving a vehicle during the period of its use, which is not provided for by the insurance policy of compulsory civil liability insurance of vehicle owners, as well as driving a vehicle in violation of the conditions provided for by this insurance policy for driving this vehicle only by the drivers indicated in this insurance policy - entails the imposition of an administrative fine in the amount of five hundred rubles.
2. Failure by the owner of a vehicle to fulfill the obligation established by federal law to insure his civil liability, as well as driving a vehicle, if such compulsory insurance is known to be absent, shall entail the imposition of an administrative fine in the amount of eight hundred roubles.

Payouts

For 2017-2018, OSAGO payments are limited. Maximum sums insured:

• 500,000 rubles to each victim in case of harm to life and health (we talked about the procedure for compensating for harm to health under OSAGO).
• 400,000 rubles to each victim in case of damage to property.
• 475,000 rubles to the dependents of the deceased in case of death in an accident.
• 25,000 rubles if other persons are involved in the burial of the deceased (according to the European protocol, up to 50,000 rubles).

You will find out what the amount of compensation for OSAGO is calculated from in case of an accident and what its maximum amount can be, and you will find more information about the compensation rules if the accident was drawn up according to the Europrotocol.

If a delay is allowed or the refusal documents are not presented on time, the insurance company pays the victims a penalty of 1% of the amount for each day of delay (or 0.5% of the amount for failure documents not provided).

Use our online calculator to calculate OSAGO online - compare prices in various insurance companies. Save between RUB 1,498 and RUB 3,980 as the base rate can vary by 20%. No need to go to the office - you will receive an insurance policy to your e-mail

It is worth recalling once again that the presence of an OSAGO policy is mandatory for all drivers of vehicles. That is why it is desirable to have a document, and always in the original with you, in order to avoid unnecessary litigation and fines. However, if such a situation arises, it is necessary to familiarize yourself with the legislation in detail so as not to incur material damage in excess of the prescribed.

Good day everyone! Recently, the question has often been asked on the forums - what will happen to the payment if the victim in an accident does not have an OSAGO policy (compulsory civil liability insurance). That is what we will answer in today's article.

Unfortunately, due to the increase in the cost of policies, up to 30 percent of drivers, especially those driving cheap cars, ignore the obligation to purchase OSAGO policies, preferring to pay fines.

It is widely believed that a motorist without an OSAGO policy, being injured in an accident, cannot count on payment, but this is not so.

The fact is that the obligation to purchase an OSAGO policy is in no way connected with the obligation to compensate for harm. By purchasing an OSAGO policy, you insure YOUR liability to third parties, i.e. the beneficiary under the OSAGO agreement is not you, but a third party (the injured party).

It's easier - you have a policy, you are the culprit, but the victim from your actions receives it!

Now the facts:

- there was an accident (traffic accident),

- The accident occurs through someone else's FAULT, i.e. there is a culprit,

- DAMAGE caused as a result of an accident,

— DAMAGE must be compensated by the CAUSER, unless his liability is insured. Since the perpetrator has an OSAGO policy, and his liability is insured, DAMAGES ARE COMPENSATED BY THE INSURANCE COMPANY, in which the liability of the perpetrator is insured.

To receive a payment as a victim of an accident, you need to provide all the documents about the accident to the insurance company responsible for the accident, and this list does not include your OSAGO policy.

The fact that your OSAGO liability is not insured is not grounds for refusing payment.

Let's look at the situation.

You got into an accident, you do not have an OSAGO policy (ended or not purchased) and you are a victim, i.e. The accident was not your fault.

For example, you were driving at a traffic light, and the driver responsible for the accident ignored the traffic light, drove to the intersection and, as a result, a collision occurred. You do not have an OSAGO policy, the culprit does.

Actions of traffic police officers.

1) establishing the cause and culprit of the accident. At this stage, participants in the accident will be interviewed, and if they agree in their assessments of the situation, the registration of the incident will begin.

2) identification of administrative offenses committed by the parties. At this stage, you (except for the case of owning a car for less than 10 days) will receive a fine for violating part 2 of Art. 12.3 of the Code of Administrative Offenses of the Russian Federation (driving without OSAGO - a fine of 800 rubles), and the culprit will receive a fine for violating Art. 12.12 of the Code of Administrative Offenses of the Russian Federation (Driving at a prohibitory traffic light - a fine of 1000 rubles.)

3) paperwork for an accident, most likely you will only be given a certificate of participation in an accident on the spot, for the rest of the documents you will have to go to the local traffic police in a few days.

Your actions.

You collect all the documents, according to the list, to receive payment from the insurance company and apply for payment to the insurance company of the culprit of the accident.

The insurance will make an assessment and make a payment, if the amount of the payment does not suit you, you have the right to make an independent assessment and go to court.

Since your liability was not insured at the time of the accident, you cannot claim direct damages.

This type of insurance allows you to pay for damages after most accidents. Despite this, not all drivers know in detail how OSAGO operates in case of an accident. Our review will eliminate gaps in knowledge and allow you to better navigate on the spot in those situations that are considered critical.

In fact, this insurance is mandatory for all drivers (with the exception of owners of vehicles moving at speeds up to 20 km / h) - this policy insures motor third party liability. If a citizen does not insure his car and turns out to be the culprit of the accident, then the insurance compensation will not be paid. Thus, OSAGO is intended for the injured innocent party to compensate for damage to health, life or property. The costs incurred as a result of an accident are paid by the insurance company of the person responsible for the accident, the driver himself does not make payments. At the moment, the maximum amounts provided for under this policy are set:

• 400 thousand rubles for compensation for property damage;
• 500 thousand rubles for compensation for harm to the health and life of a participant in an accident (the amount is indicated per person).

OSAGO does not provide compensation for moral damage or lost profits.

Attention! If the insurance does not cover the entire cost of the damage, the victim can go to court with a claim against the perpetrator of the accident. The remaining amount will be paid by the violator from his own funds.

There are situations when the insurance company may refuse to pay:

1. The driver was a person who was not insured. An exception is insurance issued for an unlimited number of persons.
2. The accident occurred at a specialized site at the time of experimental or training activities.
3. The accident occurred on the territory of the enterprise in the performance of loading and unloading operations or in the performance of an employee of his duties.

If the driver did not have the right to drive a car, caused harm intentionally, was under the influence of alcohol, drugs or toxic substances, or fled the scene, the insurance is still paid out, but the insurer can go to court and recover the costs incurred.

What to do in the event of an accident

In the event of an accident, it is important for the culprit not to panic and, in order to try to avoid responsibility, it most likely will not work, and troubles will increase. Now with the development of technology, finding a driver by car number is not difficult. Therefore, it is extremely important to know how to act after an accident under OSAGO, if the driver is the culprit of the accident. Proper behavior in such cases helps to minimize possible negative consequences. In general, the algorithm of the actions of the culprit after a car accident under OSAGO is extremely simple:

1. 1. Call the traffic police. In case of a minor accident and the absence of disagreements between the participants, it is possible to agree without involving third parties and. If not only the car was injured, but also another person, first of all you need to call an ambulance.

1. Do not move the vehicle to another location or move parts of it. Warning signs must be posted on the roads. However, in the absence of injured and critical damage to the vehicles, the transport, after fixing all the details on the accident diagram, must be removed from the roadway.
2. It is necessary to make a video or photograph of the scene of the incident - it is done in the presence of the victim. The video or photographs should show the position of the vehicles after the collision, their damage and other details characterizing the accident. The car of the victim is carefully examined, all damages are necessarily photographed in order to avoid further disagreements on compensation for damages.
3. It is necessary to record the personal and contact details of all participants in the accident and witnesses.
4. Insurance information should be exchanged with the victim. Contacts of insurance companies are transferred, if there is a CASCO policy, its number is also recorded.
5. It is necessary to draw up, it must be signed by all participants in the incident.
6. It is required to find out when the decision on the accident will be made, if the policeman does it on the spot, carefully read it. When the culprit does not agree with some facts during the registration of the accident, he makes a note about this in the protocol, after which he can challenge the conclusion on the accident within 10 days.
7. At the end of the procedure, obtain and verify the correctness of the paperwork for the accident: a certificate of the accident, a protocol and a decision on an administrative offense.
8. Notify your insurer.

According to Articles 11, 11.1 of the OSAGO law, when drawing up the Europrotocol, both parties need to send their copy of the document to the insurance company. The term is 5 days. Then the insurers should be required to send the vehicles for inspection (5 days are given for this from the date of receipt of the letter).

Have you ever drawn up a Euro protocol after an accident?

The Europrotocol can only be issued in case of a minor accident if the following conditions are met:

• there are no victims or injured;
• the amount of property damage does not exceed 100 thousand rubles;
• there are only two participants in the accident, and each of them has a valid OSAGO policy;
• no other property damage has been caused, in addition to damage to the vehicle;
• the parties do not have disagreements on the fact of the incident.

The document is filled in with a simple pen on both sides, the circumstances of the accident must be stated in a concise and clear form.

What to do if you got into an accident and it's not your fault

First of all, it is necessary to draw up a protocol. You can not move the car before the arrival of the traffic police. The scene of the accident and damage must be filmed or photographed. You will also need to get the contacts of his insurance company from the culprit of the accident. In addition, the victim has the right to demand that the traffic police officer send the perpetrator of the accident for a medical examination to identify possible alcohol or other intoxication.

According to Art. 11 the correct actions of the victim after an accident under OSAGO should be the following sequence:

1. It is necessary to call the insurer of the violator and tell about the incident, if necessary, answer questions.
2. Write a claim for damages and submit it to the insurance company. Usually, the representative of the insurer inspects the vehicle, and this procedure must be carried out in the presence of the guilty person. If the damage is serious, you will need to invite an expert.
3. Make copies of the accident documents provided to the insurer (it is recommended to do this according to the inventory). It is fundamentally important that the date of acceptance be affixed to the document, since the day of payment depends on it.
4. Wait for payment. The insurance company must transfer the money within 20 days after receiving the documents, otherwise a penalty is charged for each day of delay.
5. Repair the vehicle.

The insurance payment may not pay for the repair, and this is normal, since an approximate calculation is made when indemnifying. If the total cost of repairs does not fit into the established limit, you just need to keep receipts for the missing amount and provide them to the offender's insurer.

Attention! If hidden defects are found during the repair process, it is necessary to conduct an additional examination in the presence of a representative of the insurance company.

• Europrotocol or certificate of an accident;
• notification of an accident;
• protocol on administrative violation;
• rights;
• documents confirming the ownership of the car;
• power of attorney for the car (if necessary);
• OSAGO policy;
• account details for transferring money.

If an examination was carried out in the course of all activities, documents are also provided for it: a conclusion and receipts for payment for services. When the car is evacuated, documents confirming this fact are additionally issued.

Attention! If the victim is not satisfied with the work of the insurer, then he needs to write a complaint. Documentary evidence is attached to it. The term for consideration of the complaint is 5 days. If the situation does not change, the driver can go to court. This cannot be done without filing a complaint.

Does the offender have to notify his insurance company?

The correct actions of drivers who fall into this category are extremely important. Since not all those who provoked an accident clearly understand what to do with the insurance party responsible for the accident, some of them may not report the incident. Notifying your insurance company is the responsibility of the person responsible for the accident. This requirement is established by Article 11 on OSAGO. Otherwise, the insurer can either refuse to pay, or recover through the court the amount of its costs from the culprit.

When talking with the representative of the insurer, the driver must inform him that he was the culprit of the accident and provide the following data:

• the number of participants in the accident;
• place and time;
• data on vehicles (numbers, brands, release dates);
• information about the presence of victims and victims, as well as their condition.

Reference! The insurance company can send its specialist to the scene of the accident, who will participate in the registration of the accident.

What to do if the person responsible for the accident does not admit his guilt

Sometimes, in an accident, a controversial situation arises in which it is difficult to identify the offender, or he refuses to admit his guilt. Many do not know what to do in this case and bring the situation to an unacceptable level. In this case, the correct procedure, if the culprit does not admit his guilt, is the following algorithm:

• leave the car in its original state, while you need to turn on the alarm and put special signs on the road;
• call a traffic police officer to fix the incident;
• apply to the insurance company;
• contact the traffic police to document all the facts that affect the decision in court on the guilty person - witnesses of the incident must also come and present their testimony.

In a situation where the offender does not admit his guilt, it is better to resort to the help of a competent lawyer. Sometimes traffic police officers offer to wait two months and agree with the culprit, because after this period a protocol on an administrative violation can no longer be drawn up. But this is fraught with problems with obtaining compensation from the insurer, because all companies require the immediate provision of documents for the accident.

Important! The insurance company has no legal grounds to refuse payment in case of late submission of documents, since there are no clear deadlines, and the limitation period for civil cases is 3 years.

Sometimes it happens that the perpetrator, who previously admitted his guilt, subsequently renounces his words and goes to court. In this case, the victim will have to prove his case in court proceedings, and this procedure can drag on for several months.

The refusal of the violator to recognize his responsibility is a common practice, because according to OSAGO payments are due only to the victim. Therefore, it is important to independently film and photograph the scene of the accident, give clear evidence when drawing up the protocol and keep copies of documents about the accident. All this will help to prove their case in court.

Is OSAGO valid if the incident occurred in a parking lot or in the yard

You can damage your car. Moreover, not all drivers are able to quickly figure out what to do if they rubbed or scratched the car in the yard or in the parking lot. If the car was damaged as a result of a collision with another vehicle, this is an insured event under the OSAGO policy, for which compensation is provided. When the damage was caused by a pedestrian, a third-party object (for example, an icicle or a tree branch) or the owner himself, insurance is not allowed.

In the event of an accident under the OSAGO policy, only the injured person will receive the payment. To do this, he needs to fix the fact of the accident with the help of a traffic police officer or by issuing a Europrotocol. Documents on the accident are provided to the insurance company of the culprit, and payment is made within 20 days. The law sets maximum limits for compensation amounts. If the offender refuses to admit his guilt, the other party needs to contact the traffic police or the court.

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