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Standard situation - an accident occurs, the victim is drawn to insurance company The culprit for compensation for damage. But in practice, it's not always that everything is happening so smoothly and definitely - for example, the culprit of an accident is not inscribed in the policy of OSAGO. This situation is horrified by the victim. However, and then he can count on compensation. How to get a compensation if the culprit of an accident is not part of insurance?
General provisions
Osago insures driver's responsibility. Insurance, depending on the wishes of the main policyholder, can be drawn up in different ways, namely:
- With a limited circle of persons admitted to the control of the vehicle. The policy indicates the data of the people who are entitled to be driving the car. For each of them insurance premium Determined separately, based on age, insurance history, driver's experience, etc. The responsibility of each of the listed persons is considered the insured.
- With an unlimited range of persons. In this case, any person has the legal right to manage the car (upon receipt of permission from the owner). The responsibility of each of the drivers is insured.
If an accident is committed, then the damage to the affected side will be refunded under any circumstances. The main thing is to know your rights and not demand anything from the culprit, not included in the insurance. Refuse to cover the damage insurance company is not entitled.
The total payment of an insurance company from the culprit of the incident will depend on such circumstances:
- character of accident;
- scale of the consequences;
- harm caused by the second side.
If the circle of persons is unlimited
Immediately it should be said that for the policy marked "without restrictions" will have to supplement about 80% in the design. That is, an increase of 1.8 coefficient is applied to it. But in the future, at any incident, the insurer will be obliged to pay compensation to affected persons, regardless of who was driving. Require the coverage of expenses, the insurer is not entitled to the person who entered in the polis, nor from the culprit of the accident.
Procedure for reimbursement
If the culprit of an accident is not included in the insured policy of the CTP, what to do the victim? Adhere to the following sequence of actions:
The consequences for the culprit of an accident, not included in the policy
These consequences are very deplorable:
- Insurance will oblige him to reimburse the amount of compensation paid by the victim. When evading this duty, the Insurer to go to court and wins it.
- You have to pay a fine of 500 rubles. Terrible is not the amount, but the presence administrative offense. With his repetition, the size of the fine increases in mathematical progression.
If necessary, to put behind the handlebar, not included in the CTP, it is better to inform about it to the company. She will make adjustments to the policy and will require to pay additional payment For increasing insurance risk.
Solving a question in place
Particularly insured by motorists, being decent people, are offered to compensate damage in place without proper design. It is necessary to alert if the participant of the accident says that this moment No money, but will definitely pay the repair later.
Your actions should be as follows:
- take pictures of damage;
- remove the consent of the culprit of accidents to cover costs;
- rewind the passport details of the opponent.
Lack of B. insurance Policy Information about the face, guilty of an accident does not deprive the affected right to receive insurance payments. In any case, it is necessary to contact the insurer and require full reimbursement of damage incurred.
The participant of the accident is always unpleasant. You can not only seriously damage vehicleBut also to suffer to the accident. But it's good that there is an Osago - mandatory policy Insurance of motorist, its transport and civil liability to other road users. After all, it is possible to get compensation, which will cover both repairs and treatment.
However, do not forget that policy Osago is a document that has a mass of features. One of them is a binding of the policy to a specific driver. A list of citizens to which it distributes is always prescribed in the policy of Osago. So how to do if a person is to blame for the accident, who is not inscribed in the policy? And what about the guilty yourself? We will tell about this in our article.
Types of polishes
In order to better explain how to act if the culprit of an accident is not inscribed in the policy of OSAGO, first consider the policy itself and those who can be registered in it. There are only two types of policies:
- Unlimited. This policy can use absolutely any citizen - the main thing is that he has the right to manage any vehicle. In this way, with an accident, no additional papers will be required. - On the driver, insurance will be distributed anyway. Such policies are often drawn up legal entities or citizens having one car for the whole family;
- With a limited circle of persons. It is very peculiar, but at the same time a more popular policy, which makes up most of the usual motorists, rarely leaving their vehicle. For such a policy, only those citizens who are spelled out in it are considered insured. At the same time, the insurance premium for such a policy is calculated for each driver separately.
As you can see, the differences between the polishes are obvious. The first option is especially convenient. Firstly, it is not necessary to constantly complement the poli, and secondly, the situation where the culprit of an accident is not entered into the policy of CTP, simply - it does not arise, as any driver is insured. In this regard, such problems may occur only with the second type of policy.
How to recover money?
It is noteworthy that you can practically do nothing on your own. Even if the culprit of an accident is not written in the policy of CTP, it will not affect you. Remember, the lack of a culprit of an accident in the list of insured persons and the lack of his policy is at all - these are two absolutely different things, since the car, in fact, will still be insured. You do not have to collect the guilty data, nor demand money through it through the court.
So, after all DTP documents are ready, the victim will need simply in the standard order and require compensation. We remind you that is 500,000 in compensation for the treatment of the victim and another 400,000 for the repair of the vehicle. Any amounts of over these numbers will have to separately require an accident from the culprit. At the same time, the insurance will not be able to refuse you, as the policy, even if the culprit of an accident is not entered into it, will still be a current document imposing certain responsibilities to the insurer.
Consequences for the perpetrator of the Road
To consider the method of receiving money to the victim does not make sense - the procedure will be fully standard, since the insurer will be limited by law, and the issuance of compensation will be its direct responsibility. The consequences for the guilty of the accident are much more interesting. On the one hand, it was he who caused losses from the insurance organization, about from the other he does not apply to it, since the insurance contract did not conclude.
However, the legislation quite clearly defines all the actions that will be needed as an insurance organization and the culprit of an accident. Insurance organizationBy paying all the money to the victim in the accident, it should take advantage of the guilty. Regress is one of the debt recovery methods.And it is applied if the debtor paid a third party for the debtor, which in our case is the insurer. In this way, the duty at the culprit of the accident remains, but he will pay it to the insurance organization, and not the victim.
About what to do if the insured filed an accident at the culprit to court read.
Consider an example. Two Drivers of Ivanov and Petrov got into the accident. The culprit is installed by Ivanov, but he was not inscribed in Polis. In this case, Petrov in the standard order refers to the "motorways" to receive compensation. And he receives it, as the payment will be the direct responsibility of the insurer. However, as soon as the "motorways" pays the full amount of compensation, the right of regression passes to it, and it may require money from Ivanov, since he violated the rules for using the OSAGO policy.
If the essence of regression is generally quite simple, then the process itself can cause many questions and difficulties. The fact is that not all insurance honestly approach the issue of obtaining debts. And the perpetrators of the accident also do not lag behind, trying to hide from responsibility. therefore recovery most often pass through the court. In this regard, it is worth a couple of advice to those who are not lucky to become a defendant on the claim for recovery in the order of regression:
- Count the price of the claim yourself. Do not fool yourself! Require all receipts, checks, receipts and other documents that fix the losses of the insurer. His duty by law is to note the spending of each penny. If you notice that the amount does not correspond to reality, then boldly Apply a petition for reducing the price of the claim;
- Ask the victim in an accident to come to the meeting. It is possible that he can help you something. No rare cases when the victim received one compensation, and the documents were completely different;
The person who fell into an accident can receive funds for the repair of the car from the insurance company of the guilty driver. However, sometimes one of the participants in the incident is not insured. In this case, there are several embodiments of harm compensation, which depend on the specific conditions of the accident.
What will happen to the violator and who will compensate
After the incident, it is necessary to find out whether drivers are inscribed in the policy of OSAGO. When the person is not framed by the guilty in the accident, insurance is possible, the following options are possible:
- the unwritten face is finished with a fine of 800 rubles for riding without insurance according to Part 1 of Art. 12.37 Administrative Code. The owner of the car (from the victim) will be reimbursed by the damage from insurance agent culprit.
- regress from the insurer to the perpetrator of the incident in the amount of reimbursed funds. The owner of the TC does not risk anything.
- insurance may require compensate the damage from the transport owner, which entrusted the management of another person. In this case, he will pay the insurance until the company will cover the costs.
In the last two cases, the Bet of Insurance Contributions will grow for the owner of the TC. Avoid increasing the cost of the policy after the accident is impossible.
If I'm not guilty
If the victim was not inscribed in the policy of the CTP, if he got into an accident and recognizing him innocent, the damage to the owner of the CU reimburses the insurance perpetrator. Even in the absence of guilt of the driver, he is obliged to pay a penalty for the lack of insurance, which is non-compliance with the rules of the PDD. This fact will not affect the process of compensation for damage to the owner of the vehicle.
If the driver is the culprit of an accident
The consequences for the culprit of an accident with unformed insurance will be as follows:
- he will cover the expenses of the victim for the repair of the car;
- if the driver is not part of the insurance and accomplished an accident, he must reimburse the insurance all incurred losses that are led by payments on the OSAGO (PP. "D" P 1 Art. 14 of Law No. 40-FZ).
- if the policy is unlimited, the responsibility of the culprit is insured, therefore the damage is reimbursed by the OSAGO.
If there are no insurance, with the one who is to blame for an accident can recover the full amount of damage (Article 1064 of the Civil Code of the Russian Federation). To compensate for damages, the victim appeals to the perpetrator directly. The nuances of the responsibility of the initiator of the collision of cars before the victim are determined by the nature of the consequences of an accident.
If the wines are mutual
If there was no assessment of the degree of guilt of drivers, it must be carried out in judicial order. Otherwise, the insurance company will refuse payments until the court decision will receive.
Reimbursement is carried out in proportion to the share of guilt. For example, the driver with a share of the fault of 40% insurance returns 60% damage, and 40% of insurance drugs are paid to the participant with a share of 60%. If one of the drivers did not fit into the OSAGO, the insurance will take so much money from it as will pay the second.
What to do
Even before the arrival of the representatives of the Avtoyspection, it is necessary to record the registration numbers of the car, which the person managed to manage the person in an accident. Thanks to the same precaution, the situation can be avoided when the accident participant disappeared from the scene, and recover the amount of damage to the insurer of the injury does not work.
The actions of the victim
After the arrival of the employees of the Avtospace, it is necessary to trace them to notice in the protocol and notice of an accident that the guilty driver has no insurance. personal information About him (for example, telephone and place of registration) are also filled in documents.
Until the arrival of the auto inspectorate, you need to fix the position of vehicles and remove them from the roadbed so as not to interfere with the movement of other drivers. In emergency situations, when people were injured in the accident, they should be sent to the hospital on the fellow or on their own car.
Actions of the culprit of the accident
The initiator of an accident should be taken into account all the subtleties of insurance legislation in order to avoid serious consequences in the form of damages from their pocket. Here is a list of recommendations that will allow the perpetrator to avoid payments or minimize their size:
- Stay on the site of an accident. However, if there are victims, which need urgent health care, it is necessary to deliver them to the nearest medical institution And return to the scene. The fact of transportation of the victim should be documented in the medical institution.
- Contact your insurer. You need to find out how to send a completed delivery notice to the insurance company. This action is given 5 working days.
- Do not repair the car as long as the insurance will not give a written permission.
- Take a receipt from the victim about the absence of property claims due to a road accident if an agreement was reached. The receipt indicates the place and time of the accident, model, brand and state sign TC.
- Contact victims. Thanks to this, you can find out in advance whether additional spending are needed.
The maximum amount of payments of the affected side is calculated on the basis of certain limits - 400 thousand rubles, if property damage is caused, and 500 thousand rubles - in the presence of harm to health. If the real damage exceeds the specified amounts, the innocent participant appeals to the court under Art. 7 of the Law N 40-FZ.
Procedure of Reimbursement
Even if the accident initiator is recorded in the policy, causing damage belongs to insurance case (paragraph 2 of Art. 6 of Law No. 40-FZ). The victim should contact your insurer. It has no right to refuse compensation. Require money from the culprit only in cases where the damage caused by the TC or the health of another driver exceeded 400 and 500 thousand rubles, respectively.
Arbitrage practice
Our lawyers are quite extensive arbitrage practice OSAGO payments. If you have difficulties in obtaining compensation after the accident, contact our company, and we will consult you on all issues.
One of our clients fell into an accident in one of the cities of the Moscow region. In an accident, the 2nd cars were damaged. Behind the wheel of the second car was a girl - the culprit of the accident.
Insurance did not pay the amount of the damage to the unquented in an accident of the TS owner, arguing that by the fact that the car of our client managed her friend, which was not insisted in the insurance policy. Our lawyer filed documents to court to attract an insurance company responsible. The case was won.
How to prevent violation
The driver, sitting behind the wheel of someone else's car, is obliged to insure. Avoid a fine, not included in the insurance, you can in several ways:
- to make your policy in the policy by visiting the local branch of the company;
- proceed to the contract gratuitous use transport. A citizen is allowed to drive a vehicle in the absence of a record in insurance sheet within 10 days;
- Do not control the vehicle before writing in the insurance policy.
If the owner of the car transmits control to another person, without entering it into insurance, it should be applied to his insurer. In this case, you will have to supplement the difference in insurance premiums.
There are many subtleties compensation for damage after an accident. For example, in the absence of the guilty person, insurance guaranteed payments will not. In this case, you will have to achieve your funds through the court.
Considering the presence of a large number of subtleties when issuing documents after an accident, we offer you professional legal services. Contact our specialists to solve the problem of compensation for harm after the accident quickly and efficiently.
Important facts from the article
- Reimbursement on the CTP can be obtained, even if the culprit of an accident is not included in the insurance policy - the main thing is that insurance was issued on the vehicle car.
- For this you need to contact your insurance direct refund losses.
- Such an accident can be issued with the help of Europrotokol.
- An insisted person will be a fine of 500 rubles, and also regress from insurance.
The culprit of an accident does not fit in the insurance at all means that the OSAO does not work in this case, and the reimbursement will have to "shake" directly from the injury. But it is not at all because you have a valid policy - he is. All subtleties and detailed answers to questions about a non-written person, the consequences for it will consider in this article.
The material is written mainly for victims of the incident participants.
The participant of the accident is not inscribed in Osago - but I have insurance!
The presence of the current policy you still have nothing, unfortunately, does not mean. It should be on the car, the participant of which is convicted of the accident.
The thing is that the term is insured by the driver's responsibility, and not his car from damage at all. That is, when you bought a policy, you insured against damage to the accident with your fault of your own pocket, instead pays the insurance company (although, in the realities of 2020 practices and it is not quite true). But in this accident you are not guilty. And therefore it is necessary that the operating agreement of the OSAGO was precisely at the culprit.
Is it possible to contact the OSAO with an unwritten culprit?
Yes. The good news is that in 2020 it does not matter whether the person is listed in the list of persons allowed to manage individuals or not. The main thing is that the responsibility of the owner (owner) of the car was insured.
That is, this car was decorated the policy of the OSAGO and that it was not overdue. And then, as a victim, payment or direction for repairs is put on the repair, because there is no unwritten driver in the list of exceptions for insurance risk, according to paragraph 2 of Article 6 of the FZ on CTP.
And here the following conditions Do not matter, and you will get compensation:
- if the culprit is not part of the insurance
- if the period of use of the vehicle is over (not to be confused with the term actions of the Treaty),
- if the guilty member of the accident did not have the right to control (including a minor),
Where to apply: in your insurance or culprit?
Direct compensation of losses (PWR) is possible in the case when the participant of an accident is not included in the CTP.
All conditions when you as a victim, you can contact your insurance company for reimbursion, are described in Article 14.1 of the FZ-40, and these include:
- as a result of the incident, only cars were injured (no affected people),
- participants of the accident Two - neither more and no less
- both have existing policy Osago.
Doubts can only cause the last item. But, in fact, where doubts, if you read the article above. Osago insurance, indeed, have both participants in the accident. Just one of them is not part of the policy. This does not cancel the fact civil responsibility The owner of the car is insured.
Thus, with an accident with an inscribed culprit, you must (it is obliged, and not just you can choose from a choice) to contact only our insurance for reimbursement on the CTP.
Is it possible to build eurrethocol?
Yes. With such an incident, you can even take up with the help of Europrotokola. Not inscribed driver is not a condition at which the filling of the notification is impossible.
And again "Prufs"! This time will look into Article 11.1 of the Federal Law of the CTP. Here in the first point we see the conditions for the possibility of making Europrotokol:
- as a result, accidents were injured only cars (there are no affected participants in the accident),
- dTP participants are only two,
- direct contact between the machines was,
- both have the active policy of CTP,
- the culprit and the victim there are no disagreements on the circumstances of the accident and the damage, and they are reflected in Euro-clock.
What a fine will not be inscribed?
500 rubles in part 1 of Article 12.37 of the COAMA. At the same time, the violation does not provide for either evacuation or other additional penalties and security measures.
But this is not the worst consequence that the culprit is waiting for.
Regress from Insurance
The absence of a person who caused harm in an accident, among the insisted people (except when the policy is unlimited), the right of regressing requirement from the insurer to such an injury in the future.
Regress is the requirement of the entire paid (or spent on the repair of a damaged car of the victim) amount from the culprit of an accident.
And it is based on the right of the insurer at subparagraph "D" of paragraph 1 of Article 14 of the Federal Law of the CTP:
1. To the insurer who realized the insurance indemnity, the right of the victim victim to face, in the amount of the victim carried out by the victim insurance compensation, if a:
- e) the person specified is not included in the contract mandatory insurance as a person admitted to management vehicle;
Alas, but the chance to avoid a regressive requirement in this case the culprit is very small. This confirms an extensive judicial practice.
Law Russian Federation It has been established that each car owner must have an OSAGO policy. Thanks to him, in case of accident, most of the damage compensates for the insurance company (Rosgosstrakh, for example), issued it. However, sometimes there are situations, which is not so easy to resolve. For example, what to do if the culprit of an accident is not part of insurance Who will compensate for damage? Who will compensate for the affected side of the damage, if the guilty in the accident is there no insurance document?
First you should figure out what normative base Regulates autocarted insurance liability. The main law is the FZ N 40-FZ.
According to paragraph 2 of Article 6 of this law, all car owners should have an OSAGO policy, and paragraph 2 of Article 15 establishes the types of policies that can be issued in the insurance company:
- Limited by the number of people. This document lists specific persons who are allowed to use this vehicle (TC).
- Unlimited. All faces can be used by the vehicle with a vehicle.
For each of the types of the Bank of the Russian Federation, the payment ratio was set. In the first case, it is 1, in the second - 1.8. Those who want to arrange an unlimited policy pay almost 2 times more.
The second type of insurance most often draw up persons who use the services of hired drivers.
To find out which policy is decorated by a car owner, it is quite carefully reading the document itself.
What are the difference between these types of policies:
- in a document designed for a limited number of persons, not only lists all citizens entering insurance, but also stands in paragraph 3 opposite the corresponding line;
- in a policy on an unlimited number of drivers, there will be a mark opposite the corresponding field in paragraph 3.
It is enough to pay attention to paragraph 3 in order to immediately understand which document is calculated from the drivers.
Accidents can occur with car owners who made insurance for a limited circle of persons. Therefore, it is not so easy to figure out what to do both sides of the incident, if the driver is not entered into insurance and got into an accident? It is in that insurance, in which citizens are clearly spelled out to control the data of the vehicle.
For the affected situation, the situation can develop in the following directions:
- If the culprit of the incident has a policy of OSAGO, but he does not fit into it, then you need to contact an insurance company. So established above the law, namely, article 14. It is obliged to compensate the damage, and the lost amount implies from the culprit of the incident.
- If the culprit of the accident at all there is no OSAGA policy, then you will have to charge compensation for damage yourself with this citizen And no insurance company can help in this case.
The guilty, which is not part of insurance to a limited number of persons, will be required:
- compensate for the affected side of the amount not overlapping;
- in order of regression, compensate the losses of the insurance company.
Also, this citizen will suffer a punishment provided for by Part 1 of Article 12.37 of the Administrative Code of the Russian Federation.
If a citizen who has no policy has become a culprit of an accident, then he will not have any business with an insurance company, but you can recover money for the damage to Article 1064 of the Russian Federation.
You can make the perpetrator in the transport incident in any case to refund the damage caused.
If a vehicle is involved in a traffic accident, which is issued by the policy on an unlimited number of persons, then the affected side to solve issues with the insurance company much easier than in the situation described above.
What needs to be done in this case:
- Call traffic police officers.
- To control the preparation of the protocol and study it personally, so that there is no disagreement in the future with the authorities of the traffic police.
- Make an independent estimation of car damage. This process needs to be notified by the culprit of the accident, and its insurance company. Most often insurers are not in place of an accident for independent evaluationBut this item is still important to fulfill the bureaucratic problems in the future.
- FROM collected documents (The results of the assessment and a copy of the protocol from the staff of the traffic police) should be applied to insurers and make an application for compensation.
- Wait for paying from the insurance company.
If the health (minor passenger including) was harmful, then it is necessary to document this and obtain the appropriate certificates from the medical service.
If the insurance company of the accident of an accident refuses to reimburse damage, which also happens in insurance practice, then you need to go to court.
When performing the presence of the culprit of the accident necessarily. If it is carried out without his participation or without warning about it, then the examination is invalid.
Proof of the fact that the affected participant attempted to solve the problem of compensation for damage without a judicial intervention will be notified of the presentation of the letter sent by the perpetrator of the accident, which contains the amount of damage compensation. Only 10 days after the notice of the receipt of the letter, the affected party may apply to the court.
Copies of which documents need to prepare the affected side for further transfer to court:
- Certificates about accidents from the traffic police.
- Act of technical expertise.
- Notifications of conducting expert assessment (in compliance with the above-described requirements).
- A document that confirms the right of ownership of the vehicle.
- Receipts or checks confirming the costs associated with an accident.
The claim to the cause of the accident must be compiled in 2 copies: one must be left at home.
By the amount of damage compensation, you can add both the cost of repairing vehicles and various adjacent costs like payment of the tow truck, parking or even moral damage caused by the accident.
In any case, it is worth considering that it is better to try to solve the issue without judicial intervention. If even the driver did not fit into insurance and made an accident, that is, all the chances that he will go to the world.
If the culprit of an accident is not inscribed in the policy of OSAGO, judicial practice confirms that it is better to solve the issue without trial. Few who have a desire to pay for lawyers and government duties.
In order not to fall into such situations that are still unknown than they can end, it is better to always make a policy of CTP and not violate the rules for its use.
In addition to the situation, when it turns out that the culprit of an accident has not yet been insured, the insurance company can recover compensation from the driver in cases where the culprit of the incident:
- was drunk / under the influence of narcotic substances;
- accomplished an accident intentionally;
- without having received permission from the employee of the traffic police;
- did not apply to the insurance company within 5 days after the incident;
- 15 days later, from the moment the incident began repairing the vehicle;
- controlled by the route vehicle with an invalid diagnostic card.
Nevertheless, punishment can be avoided, warning a violation.
This can be done in one of the following ways:
- Make a person in polis. To do this, you will have to contact the office of the insurance company and provide a specific package of documents.
- Create a contract for using the vehicle free of charge. In this case, the person who has entered into an agreement with the motorist can use the vehicle within 10 days. After this time, you will have to either contact the insurance company, or pay a fine. Although if you make a new contract every 10 days, there will be no problems with the law.
- If the vehicle was transferred to a person who was not submitted to the OSAGO policy, then immediately (or the next day) should be informed about it to the insurance company.
What to do the affected side? How to compensate for the damage if the culprit of an accident is not part of the policy?
Above it was said that in this case it is necessary to guide Article 1064 Civil Code RF, but what if the victim considers the reimbursement of the insufficient? Then go to court for the decision of this issue.
So that in court there was more chances for a successful outcome, it is necessary:
- get personal data of the culprit of the incident. They can be provided either by himself or traffic police;
- according to expert evaluate, to form a complete amount of damage caused to the affected side as a result of the accident;
- contact in writing to the perpetrator, denoting the desired amount of damage compensation. If he is voluntarily ready to pay money, he does not have to go to court;
- apply to the court. Make it you need at the place of registration of the culprit.
If the amount of compensation is not more than 50,000, the question will be solved in the global court if the amount is higher, then in the district.
