What threatens the culprit and the victim if an accident occurs and they do not have MTPL insurance? What to do if one of the participants in the accident does not have a compulsory insurance policy? Got into an accident without insurance rights
The driver may have a situation in which he says: “I got into an accident without insurance, it’s not my fault.” This is due to the fact that today the number of car accidents is quite high. For this reason, car owners need to know what to do in this situation and how to solve the problem in a short period of time. Often a person does not know what to do if a car insurance contract has not been concluded and an accident occurs for which he is not to blame. You will need to know what to do to spend your money as little as possible.
Speaking about what to do if the person at fault for an accident does not have an insurance contract, it should be noted that in life such situations occur much more often. It also happens that the owner of the damaged car has not entered into an agreement with the insurer. It is worth considering that a mandatory condition in 2018 is motor liability insurance. Its absence creates many problems for those involved in a road accident.
If there is a concluded agreement, this guarantees protection to a person from loss of money, provided that he drove the car in accordance with the established rules and the damage was not caused through his fault. If it happens that a citizen who does not have a policy gets into an accident and is innocent at the same time, it is imperative to follow a certain algorithm.
The purchase of a car must be accompanied by an insurance policy, otherwise the use of the vehicle will be impossible. However, as a review of practice shows, quite often the person at fault for an accident does not have insurance.
A person who has not purchased an MTPL policy must provide himself with an example of a situation where an accident occurred and he was not at fault. This will give him the opportunity to prevent various kinds of mistakes when such a situation arises. This is also necessary to be able to avoid financial losses.
If you don’t have insurance and get into an accident but are not at fault, you should do this:
- Regardless of guilt, you need to stop moving the car. Next, the car hazard alarm must be turned on. A proper action is also to get the person out of the car and install a warning triangle. Such actions are carried out in accordance with the prescribed rules.
- At the next stage, you will need to make sure that no people are injured in a collision. If there are any, then civic duty obliges you to call emergency personnel.
- Next new law indicates that it is necessary to call the State Traffic Inspectorate. If possible, before they arrive, the exact location of the vehicles should be determined. The procedure also provides for recording this incident in a photo or video. You need to photograph both cars, with registration plates and other features being important details.
It should be understood that there is no need to move vehicles until the traffic police arrives. The same thing needs to be done regarding various details of what happened. In this case, all the little things that have one way or another to do with what happened are meant.
Some provisions also apply to situations when the question arises of what to do if the person at fault for an accident does not have a compulsory motor liability insurance policy. For example, it will be necessary to interview witnesses to the accident. It is necessary to reflect their contact information, which could be phone numbers and other similar information. It is worth remembering that it is unlikely that you will be able to get away with a pre-trial procedure in the absence of a policy. Eyewitness information needs to be recorded as soon as possible. This is due to the fact that persons will not be at the scene of the accident for a long time.
The listed actions will need to be performed when the damage caused will not be compensated voluntarily. It is worth remembering that the perpetrator can pay for the damage right at the scene of the accident. In this case, in order for the injured party to no longer have the opportunity to file a claim, it will be necessary to draw up a receipt stating that the culprit has paid the specified amount to the victim and the latter has no objections.
If we say that the culprit or victim of an accident does not have compulsory motor insurance, then today there are many nuances when registering a traffic accident. When the need arises to call traffic police officers to the scene of an incident, both parties are recommended to approach the process more calmly and balancedly. This suggests that you should not be too emotional in pointing out to inspectors that the person is not to blame for the accident.
It is required to provide police officers only with bare facts and arguments that are supported by relevant evidence. If the guilty person drank wine, this will aggravate the punishment for him. In particular, it may be deprived driver's license. When the owner of a car that was injured in an accident even though he was innocent calmly points out his innocence, this makes a positive impression on the employees and they objectively understand the situation.
In practice, a very optimal algorithm for communicating with police officers has been developed when a person does not have an insurance policy. This algorithm looks like it initially requires a fairly accurate description of how the injured party sees what happened on the road. This means that all the circumstances of the incident and the reasons that possibly led to it are indicated.
It should be understood that you will need to take a very active participation in the preparation of all documentation. In particular, you should pay attention to the damage caused to the car. The insurance company pays special attention to this point when paying compensation.
Another important point is that there should be no errors in the protocol drawn up. If such exist, then it will be quite problematic for the victim to sue and defend his rights. After completing all the paperwork, you need to ask the traffic cop to give out those documents from the case that are subject to issue. It is worth pointing out that there must be a certificate drawn up in form number 154. Next, you need to find out when the claim is considered by the court.
If the European protocol or other document is drawn up with violations, you will need to indicate your disagreement next to the signature. In the future, this will affect the receipt of payments in judicial procedure and defending your position.
Situations related to emergency response are far from simple. It should be noted that court practice in such cases is quite different. For this reason, you need to familiarize yourself with the available nuances in advance. When the consequences of an accident cause significant damage to the victim, there is nothing better than contacting a professional lawyer. Currently, there are quite a lot of specialists who solve issues of this level. If a person has decided that he will independently defend his rights, then he needs to understand that this is difficult to do. At the local level, the easiest way to prove innocence is in a situation where there was a DVR in the victim’s car. With its help, it is possible to determine which car was moving where during a collision.
When such a device was not in the car, it is worth contacting the administration of buildings located near the accident site. Often cameras are installed on buildings that can save the situation for the injured party. The fact that the driver was driving on a green light or other circumstances affecting innocence can be established through the testimony of witnesses.
For this reason, it is required immediately after an accident:
- look around to see which motorists stopped or which pedestrians passed nearby;
- write down contact details;
- There is no need to find out on the car recorder.
When there are no witnesses and a registrar, it will be quite problematic to prove innocence. It is worth understanding that the fault can be mutual, in such a situation you need to know how to receive compensation. The insurance payment is not considered income, and for this reason it is not subject to taxes.
Refund
It doesn’t matter what the circumstances are - in order to compensate for the costs at the expense of the insurance company where the culprit is insured, you will need to contact judicial body. You also need to understand that if you do not have your own insurance policy, the injured party will need to contact the insurance company of the person responsible for the incident. If you were driving a car deprived of rights person – this is considered as an additional nuance.
- A policy issued under the MTPL program. It is required.
- CASCO policy.
Taking into account such directions is mandatory in the situation under consideration.
In practice, purchasing an MTPL policy is a mandatory requirement. In such a situation, it is necessary to use a standard set of actions, given that compensation is realized by applying to the judicial authorities.
The list of such actions includes:
- it is worth pointing out right away that the person does not have an insurance policy, since today it is pointless to remain silent about this;
- you should find out if the at-fault driver has an agreement with the insurance company;
- rewrite for yourself all the data regarding the second participant in the incident (including, you need to find out personal data, how you can contact the person, and also, if possible, copy his insurance documentation);
- a notice indicating the occurrence of an incident is attached to the insurance policy, and it must be understood that its completion is carried out in the prescribed manner;
- then they attempt to recover damages from the insurer on a voluntary basis.
When the injured party is unable to receive the money owed to it voluntarily, it is necessary to file a claim with a judicial authority. It is worth considering that there are no alternative behavior options. For this reason, it is possible to resolve this issue in advance.
When the process of drawing up a claim document takes place, only relevant and real data is required to be entered into it. Points that have an important impact should be worked out in advance. This helps a person avoid more difficult situations, including temporary delays. When calculating the payment, depreciation of the car is taken into account. Funds are usually transferred to a card.
KASKA provides for the process of collecting funds from the culprit of the accident according to a certain algorithm. You will need to prepare the necessary documentation. Next, you contact the insurance company. Due to such actions, it is possible to avoid legal proceedings. When there is such an opportunity, you should take advantage of it. For this reason, many problematic issues can be avoided.
It is necessary to take into account the following points established regarding the collection of funds:
- You should contact your insurance company as soon as possible after the accident occurs. This needs to be taken into account in advance.
- When the insurer receives notification that an insured event has occurred, within a five-day period they are required to schedule an investigation into the damage caused to the vehicle.
- When the result does not suit the car owner, he has the opportunity to redo the examination. To do this, you will need to contact independent experts. The current situation is resolved through the courts.
The person responsible for the accident will have to provide all the necessary data. It is indicated in writing. A telegram or other form may be used.
A more complicated situation arises when the person at fault for the accident does not have an insurance policy.
This issue can be resolved in two ways:
- make attempts to resolve the conflict at the scene of the accident or involve specialists to assess the damage caused to the car, this indicates that the culprit of the incident voluntarily pays the amount of damage;
- apply to the court to resolve the issue.
It is worth pointing out that the latter option is considered less convenient in practice. This is because it will require a significant investment of time and money. If we talk about the second option, then you need to remember the standard algorithm of actions. It includes such actions as conducting an independent examination. It will serve as the basis for making decisions on calculating payments.
At the next stage, you will need to write an application to the judicial authority. Such a document becomes the basis for consideration of the case in court. If minor damage is caused, which does not exceed several tens of thousands, there is no point in contacting court to resolve the issue. You also need to understand that guilt is obvious - there is no point in a person trying to prove the opposite.
In the situation under consideration, many nuances may arise that have different meanings. They are associated with the production of payments to the injured party. These subtleties need to be sorted out in advance. It must be pointed out that it is quite simple to understand how a person’s insurance payment is realized when the person who caused the accident did not buy an insurance policy.
Fine
When occurs traffic accident– may impose a fine. Its size depends entirely on what rules the participants moving on the roadway violated as a result of the accident. It is important to understand that using a vehicle in the absence insurance document not allowed. If this fact occurs, a fine will be imposed on the driver.
In this case, you need to pay attention to the fact that guilt in the accident does not matter. This is due to the fact that the absence of an insurance policy is considered by experts as a violation of established rules.
Elizarov Artem
lawyer, specialist in automobile law
Articles and answers written
Novice drivers, after they have been involved in an accident, are not always able to make an objective assessment of the case and take the necessary measures. But to simplify this situation, there is already a verified algorithm of actions in case of an accident:
- After a collision, turn off the engine, turn on the emergency lights, and if there are passengers in the car, check their condition. If you see that you cannot do without medical help, immediately call an ambulance and try to provide first aid. If no one is seriously injured, get out of the car.
- Inspect the car. If there are visible traces of an accident on the car, then inform the culprit that you are calling the traffic police squad.
- Place an emergency stop sign according to the established rules.
- Make sure that the at-fault party has a valid MTPL policy.
What to do if the culprit does not have a compulsory motor liability insurance policy?
If the answer to your question about whether you have insurance is “no,” don’t panic right away. Of course, without the necessary insurance it will be more difficult, but it is possible.
Options for solving the problem
Officially, there are two options for solving the problem of lack of insurance for the culprit of an accident - this is pre-trial settlement and settlement of the dispute in court. But a third option is also possible. It is possible that after examining the car, it is discovered that there are only small dents on it, and the party at fault does not have an insurance policy, and the culprit offers to compensate for his fault here and now by paying you the estimated cost of repairs. This option rarely happens, since the culprit will not always have the required amount of money with him. But if such a case happens to you, then it is advisable to agree to such compensation, because this way you will not spend a lot of time filling out documents and the collection process. In order to avoid problems with such payments in the future, confirm payment for the accident with a receipt.
If the other party to the accident does not agree with you, then call the police and resolve the dispute pre-trial.
If the person at fault for the accident does not have compulsory motor insurance, and he refuses to pay you or does not agree with your beliefs regarding the cause of the accident, then call the traffic police. When filling out the report, make sure that the police officer includes the personal data of the culprit (last name, first name, patronymic, telephone number and registration address), as well as the fact that there is no insurance policy.
After completing the registration, you need to complete the following steps:
- Get an independent examination. It will show and describe all damage received due to the accident and calculate the damage. If the car cannot be restored, a vehicle scrappage report will be required.
- Competently draw up a pre-trial claim in the name of the culprit. It is advisable to contact qualified lawyers, as they will be able to fill out the document correctly and will help you in collecting funds.
- Submit a claim the culprit of the accident with copies of documents that will confirm all your expenses.
The final amount of monetary compensation may be greater than the cost of car repairs. You have the right to include in this amount the cost of an independent examination, the services of a lawyer, a tow truck, moral damages and other costs that you incurred to collect the necessary data.
Compensation in court
If, after sending a pre-trial claim, the culprit ignored your demand, then all documents, along with statement of claim are sent to court.
Preparation of documents
Without a package of necessary documents that will confirm your words, there is no point in going to court. Therefore, before going to court, you will need to collect the following papers:
- Statement of claim.
- Written opinion of an independent expert.
- Road accident report.
- A written invitation from the culprit to an independent examination (required if, by law, you were required to call the guilty party to conduct the examination).
- A power of attorney in the name of your lawyer or attorney.
- Receipt for payment of state duty.
- A copy of the pre-trial complaint against the culprit.
And other documents that you need based on your personal situation and on the recommendation of lawyers. If you want to recover damages from the culprit of an accident without compulsory motor liability insurance, then hire a good and qualified lawyer who will help you win the court case.
Drawing up a statement of claim
As mentioned above, to draw up a statement of claim, it is best to contact a lawyer. Since it must be drawn up without the slightest error and in accordance with the requirements of the Civil Procedure Code of Russia. The information in the statement of claim must coincide with the information that is in the pre-trial claim, but in addition it must indicate the fact of filing such a claim. In your statement of claim, you can demand payment of money.
After the moment of the accident in accordance with the norms limitation period, you have 3 years to file a claim against the at-fault party in the accident.
Expertise
Once you begin the trial, you will be required to complete a mandatory forensic examination car damage. This is done so that the court receives one hundred percent reliable information about the damage to the car. It can also determine the real culprit of the accident. If, after an examination, the supposedly guilty person without insurance turns out to be really guilty, then the court will have no reason to refuse in your favor.
Which court should I go to?
Which court will handle your case depends only on the cost of damage to your car. If, as a result of an independent examination, you were given an amount of up to 50,000 rubles, then you need to go to the magistrate’s court. If the cost of repairs exceeds 50,000 rubles, then the package of documents with the statement of claim must be sent to the district court.
If the at-fault party's policy is expired
If the culprit of the accident declares that he has an MTPL insurance policy, but it has expired, then regard this as complete absence insurance. AND monetary recovery will take place according to the above schemes.
If the insurance policy is fake
With a fake insurance policy, everything will be much stricter. If it turns out that the person at fault for the accident has fake insurance, then administrative or even criminal liability, imposition of large fines, as well as deprivation of a driver’s license.
Monetary recovery occurs according to the same schemes as in the absence of a policy, but the only difference is that you need to submit an application to the RSA requesting an examination of the insurance policy. If the union of auto insurers confirms the falsity of OSAGO, then you will have to demand monetary compensation immediately in court.
What expenses can be reimbursed?
In your claim for compensation for damage received as a result of an accident, sent to the culprit, you can include and subsequently demand compensation for the costs of the services of a tow truck, a lawyer and/or an attorney, as well as the cost of an independent examination. If you or your passengers were injured in an accident, then you have the right to mention the monetary costs of treatment and demand compensation for them. A claim for compensation for moral damage will be possible if the accident caused harm to the life and health of the driver or his passengers.
In what cases does RSA pay for damages?
If the driver is involved in an accident, the culprit does not have insurance, and the accident caused harm to the life and health of the injured party, then compensation payments will carry out RSA. But only at the expense of life, and the cost of repairs, the costs of involving third authorized persons and compensation for moral damage will fall on the shoulders of the culprit.
Conclusion
The culprit of an accident without insurance, what to do? Do not panic and seek help from competent persons, that is, auto lawyers, lawyers, and independent experts. After all, they are the ones who know how to competently and correctly file an accident and force the culprit of the accident to make payments if he resists.
The situation when I got into an accident without insurance, but the accident was not my fault, is not so bad. It’s worse when a person is found guilty, but he doesn’t have compulsory motor insurance. Then you will have to take money out of your pocket, because you will have to compensate for the losses insurance company can't. But you should know how to behave in the event of an accident and receive compensation for damage. We will understand the procedure to follow in the event of an accident and contact the insurer.
Behavior in case of accident
How the driver acts during an accident determines whether there will be problems with the law. Under no circumstances leave the scene of the incident without permission. Even if the victim in an accident does not have a compulsory motor liability insurance policy, this is not a reason to leave without clarifying the circumstances of the accident.
When you get into a traffic accident without insurance, it’s unpleasant. Some are worried that they will be held liable for not having compulsory motor liability insurance. But in case of an accident without compulsory motor liability insurance, this is not what you need to think about.
First of all, stop the car, turn on the emergency lights and put up a warning triangle. After this, you should make sure that there are no casualties. If anyone was damage done, call an ambulance. If there are no victims of the accident participants or passers-by, you can begin to resolve the issue.
It is important not to touch anything or move objects that are related to the accident. It is necessary to film the scene of the incident or at least take photographs. The damage caused should be recorded in detail, and before the traffic police arrive.
If a person gets into an accident without insurance and says it’s not my fault, we need to agree at the moment with other participants, as they may not agree with it. If at least one of the participants has a different opinion, it will be necessary to involve traffic police officers in resolving the dispute. They will decide who is innocent and who caused the collision.
Important! Now it is possible to fill out a European protocol on the spot and not involve the traffic police in the incident. This is possible if little damage was caused, there were no casualties, and the drivers have no disagreements about what happened.
However, if you have an accident without insurance and are at fault, you cannot draw up a European report. Moreover, you will have to pay out of your own pocket.
It is necessary to ask for contact and passport information from the second participant in the traffic accident. It is also important to write down information about the MTPL policy and the car. This will allow us to contact you in the future and make sure that the insurance will be paid.
If the victim does not have compulsory motor insurance, this is not a problem. When you can confidently say that “I am not the culprit,” there is no reason to worry. The main thing is that the second person involved in the accident has an insurance policy - then it will be possible to quickly receive compensation.
Contacting insurers
Let's figure out how to act as a victim.
- Discuss the issue of guilt with the second person and make sure that he has compulsory motor insurance.
- Copy the data from the policy, including the number and date of issue, take contact information insurers and obtain copies of insurance papers.
- Receive a notification of an accident, which must be completed. Moreover, there should be two copies so that each participant gets one.
- Contact the at-fault party's insurance company to learn about the procedure for obtaining compensation.
If a person was in an accident without insurance and was not at fault, he will be able to receive compensation. Of course, there may be certain problems - for example, you got into an accident, and insurers do not want to pay or assign an amount less than required. Then the victim of an accident may need to contact higher authorities. In 2019, the case rarely goes to court - more often it is possible to resolve the issue directly with the insurance company or with the Central Bank.
It’s another matter if in an accident there is no insurance and the culprit has no insurance. What will happen in this case? The victim will be able to get his rightful money, but the problem lies elsewhere. When you have an accident, but cannot provide insurance, you have to pay out of your own pocket. The case may go to court, but this process drags on for a long time. You won’t be able to get the money right away or even within a month.
If the culprit is also without insurance
Separately, it is worth figuring out what to do if the second driver also does not have compulsory motor insurance. Such situations are rare, since now most people have a valid policy, but there is a possibility that an accident has occurred, but there is no insurance. This is where difficulties begin that can be avoided only in one case.
You will be lucky if a person has an accident, admits his guilt and pays the damage on the spot. This is possible if there are no human casualties and the amount of compensation is small. It’s worse when people get into a traffic accident, but there is no way to immediately pay the money. The culprit may ask for a deferment, promising to pay the full amount in the near future. Here everyone must decide for themselves whether to agree to something like this or not - they can deceive you, and it will be difficult to win in court due to the lack of documents about the accident.
Many people think that an accident will bypass me, and therefore they do not renew their insurance. And then a problem arises when I got into an accident, but OSAGO did not. You may meet a person who will deny his guilt. Then you will have to go to court to demand the due amount. But you need to have documents about the accident, as well as a conclusion after an examination regarding the damage caused. The chance of winning the case is high, so you should file a claim and wait until the end of the proceedings.
If the victim in an accident does not have valid MTPL insurance, this is not a problem. The main thing is that the culprit has a policy, and then you can get compensation without protracted litigation.
If you get into an accident without insurance, you will have to fully feel your own mistake. It is not for nothing that obtaining a motor vehicle license has become mandatory, because companies provide useful support to every person, even though you often have to fight with them. In difficult situations, you will have to follow a certain order of actions that guarantees the optimal solution. Even for pensioners, it is much easier to obtain than to take into account all the nuances of the disaster.
Lack of insurance is rare, because experienced drivers take care of all the documents in advance. In such situations, it is worth using the services of a professional lawyer who is ready to give advice by phone. After which it will be possible to cope with any claims that may be put forward by the other party. It is better to contact a specialist without wasting time on endless proceedings.
Procedure in the absence of insurance
When you get into an accident without insurance, you need to admit it right away. In any case, the traffic police inspector will conduct the necessary check, so the lack of documents will be detected instantly. There are certain stages that tell you how to cope with the situation. Their consistent implementation makes it possible to eliminate possible violations of the legislation of the Russian Federation.
- Obtain a certificate from the traffic police;
- Inspect the damaged vehicle;
- Obtain an assessment of the victim’s condition;
- Participate in trial.
If the culprit is involved in an accident without insurance, it will be more difficult for him to cope with the necessary actions. Still, the policy remains mandatory document, so in any case you will have to bear administrative responsibility. The accident must be dealt with step by step, with the actions of both parties remaining the same. There is little difference if the injury is caused by an accident, but this nuance should be discussed separately.
Important! The procedure for action in case of an accident is the mandatory steps that allow you to go through a difficult path and achieve justice.
Get a certificate from the traffic police
First you will have to obtain a certificate from the traffic police. When you get into an accident without insurance, this action becomes a priority. The trial is based on it, since it includes all the information. It will be required to be provided when conducting a case to resolve the situation. After which, lawyers will be able to challenge any decision to ensure positive conclusions for the driver. Moreover, on the spot it is necessary to familiarize yourself with the details of the records in advance so that they correspond to the truth.
Inspect the damaged vehicle
The next stage is a technical examination in case of an accident. If a driver is involved in an accident without insurance, he should definitely take part in it. It doesn’t matter whether he was the culprit or the victim, in any case, the information must be verified. It will be needed to assess the damage caused vehicle. Usually the data is necessary for subsequent litigation with the insurance company, but in this case the situation is different. Both parties must know the exact amount, since the payment will be made under a private court order. Accordingly, mistakes should not be made so that subsequently restoring the machine does not require additional investments.
Obtain an assessment of the victim's condition
Insurance is provided for by the legislation of the Russian Federation, but in its absence, the person involved in an accident must behave correctly towards the victim. In such situations, you should visit the hospital and inquire about the cost of treatment. This step is especially important for the perpetrators, who are obliged, after the trial, to fully pay the victim’s expenses, as well as reimbursement. You should not hide and avoid contact, as in this way a person only aggravates the situation. As a result, both the amount and administrative responsibility may change. Such situations are often described by lawyers, because without their help it is rarely possible to correctly approach calculations and behave after a disaster.
Participate in court proceedings
If I get into an accident without insurance, I am at fault, I should tell the traffic police inspector, although the subsequent trial is much more important. Both parties must participate in it, but the victim in this case plays a secondary role. You cannot refuse a challenge, as it is mandatory for the correct resolution of the situation. Practice shows that the absence of a culprit can lead to increased responsibility and an erroneous interpretation of his actions. Ideally, a lawyer should accompany the person to argue on his behalf.
Important! Refusal to attend the courtroom entails a unilateral decision, which is not always truthful.
If you get into an accident, it is better to check with a specialist what to do when there is no insurance. Being a victim, you will have to face considerable difficulties. Usually it is enough to imagine necessary documents to the insurance company, and then wait for a certain amount to restore the car.
In this case, repairs are carried out in two other ways:
- On one's own;
- After .
Most often, a person has to spend personal cash to repair the damage received. Some drivers try to negotiate on the spot, but usually the amounts are insufficient. For this reason, it is better to rely on the official decision after the trial. It will give a chance to receive the required funds, although in this case the result still remains doubtful.
The best way is to repair after. After the trial, the transfer amount is determined, which is calculated based on an independent assessment of damage after the accident. It can be done through a petition, so the proceedings will probably continue for several months. You will have to be patient to get a fully restored car.
Lack of insurance for the person responsible for the accident
The absence of a driver's license for the person responsible for the accident is a serious problem. In such cases, he will have to fully feel his own responsibility for the action. You should not try to refuse subsequent litigation, because usually the insurance company deals with such issues.
What will the culprit have to face?
- Payment for car damage;
- Payment of damage to the victim;
- Administrative responsibility.
Payments after independent examinations – prerequisite. This issue remains clear, but administrative responsibility is new for drivers. Previously it was not a necessity, but now it is a condition in accordance with the legislation of the Russian Federation. It is immediately issued, which will have to be paid without fail. In any case, you will have to pay for your own mistake, which is an unconditional condition.
Lack of insurance for a victim in an accident
When a car without insurance is involved in an accident, the situation is most difficult for the victim. He will have to prove his own case for a long time, and then correctly fill out the application to the court. It is more practical to use the services of an experienced lawyer who will tell you what actions will help achieve the desired result.
What will the victim have to face?
- Administrative fine;
- Long time to receive payment;
- Filing a claim yourself.
The victim will also have to face administrative responsibility due to lack compulsory insurance. The amount is small, but it must be paid so as not to encounter additional methods of influence. The fine will be issued by the traffic police inspector and handed over to the driver.
You can only get the money needed to restore your car through the courts. To do this, you will have to file a claim yourself or contact an experienced one. If you get into an accident without insurance, and I’m right, you need to prove justice. Yes, it will take a lot of time to consider the situation and conduct examinations, but after that a positive decision will probably be made.
When the culprit is involved in an accident without insurance, he will have to bear full responsibility. Although the absence of a motor citizen will disturb the peace of the victim. He will also have to face difficulties. The best advice is to contact a professional lawyer. He will provide support, suggesting how to file a claim in court, and then achieve justice during the proceedings. Because of this, a person will need several months to resolve issues related to repairing his own car.
Video: got into an accident without insurance
The number of cars on the roads is increasing every day. At the same time, road traffic accidents are also increasing.
Therefore, every driver needs to have an idea of what actions to take in the event of emergency situation how to solve the problem as quickly as possible.
Many people don’t know what to do if they get into an accident without insurance and it’s not their fault.. It’s worth figuring out what actions you can take to minimize your temporary financial costs.
It often happens that when you get into an accident, the insurance policy is missing for some reason, as well as the fault of the citizen himself.
In 2020, an MTPL policy is an obligation, not a right, of citizens who operate cars. After all, insurance allows you to solve several different problems at the same time.
First of all, this is a guarantee of protecting a citizen from financial losses in a situation where he is completely innocent of causing an accident.
If a person involved in a traffic accident does not have a compulsory motor liability insurance policy, and he is not at fault, then you need to follow the standard algorithm.
If you do not have insurance, it is very important to prepare in advance for the situation when an accident occurs. Thus, it will be possible to avoid standard mistakes and unexpected financial expenses.
In the event of an accident where the victim does not have compulsory motor liability insurance, the algorithm of actions looks like this:
If a traffic accident occurs, you should wait for the traffic police. As soon as they appear, do not immediately rush to prove your innocence.
The process of communicating with law enforcement agencies must be approached in a calm, balanced state. The most competent actions look like this:
Proceedings that relate to road accidents are the most complex. It is necessary to familiarize yourself with all the intricacies in advance, since judicial practice ambiguous.
It is quite difficult to prove your innocence on your own, so it makes sense to use the services of a qualified specialist.
The easiest way to prove your innocence is data from the DVR. If it is present, it is possible to determine how the participants in the accident moved and in what direction.
In the absence of a DVR, a way out of the situation may be to obtain recordings from CCTV cameras located on buildings.
You can also prove innocence by collecting testimony. That is why immediately after an accident it is necessary to interview all passers-by and other drivers.
It is important for every car owner to know what to do after an accident, since without witness testimony and video recordings it will be very difficult to prove your innocence.
After a road accident, an innocent driver without a compulsory motor liability insurance policy is interested in the question of who will pay the insurance. To recover funds from the insurance company of the culprit, you need to collect a list of necessary documents.
They must be presented to the insurer along with the claim for damages. Because in this case, it will be the insurance company responsible for the accident that will pay the money.
Insurers determine the amount of compensation in 2020 based on the results of the examination. In this case, the amount may be deliberately underestimated in favor of the culprit of the accident.
In the event that during the proceedings, a person notices that the damage that was caused significantly exceeds the amount of compensation, an independent examination should be immediately carried out.
If its results do not coincide with the insurer’s data, you need to go to court. Only a timely trial will help compensate for the damage to the maximum.
Thus, if the victim of an accident does not have compulsory motor liability insurance, the insurance company of the perpetrator must compensate for the damage. This process may differ depending on which policy will be used to collect funds:
- according to OSAGO;
- according to CASCO.
Video: Road accident without compulsory motor liability insurance: who will bear responsibility?
If there is a need to receive compensation under compulsory motor liability insurance, you should follow the following algorithm:
If a person is involved in an accident, but the culprit only has a CASCO policy, then he is considered the same offender as a person without insurance at all. The victim needs to collect the necessary package of documents and contact the insurance company of the culprit.
If possible, problems should be resolved out of court.
When collecting funds through CASCO, it is important to remember some points:
- The sooner you apply for damages, the better.
- Wait for the examination of the insurance company, which must be carried out within 5 days.
- Evaluate the results of the examination; if they are not satisfactory, you need to carry out repeat procedure and go to court.
The person at fault must provide all information in writing. The insurer is obliged to pay the damage in full.
In most cases, if both parties involved in an accident do not have insurance, they have to go to court. This situation is the most difficult. Therefore, the question of what will happen if you get into an accident without insurance does not lose its relevance.
An innocent person in an accident should immediately go to court if:
- the culprit of the accident does not plead guilty;
- refuses to compensate for damage;
- significant damage was caused.
If the damage is minor, there is no point in going to court; it is easier to negotiate on your own. When all participants in the accident are without insurance policies, you need to act as follows:
- Call the traffic police inspectors to the scene of the accident.
- Conduct an independent examination.
- If the culprit agrees with the results, then the amount of compensation must be determined.
- If the injured party is satisfied with the proposed amount of payments, the problem can be resolved by agreement.
Thus, the absence of a compulsory motor liability insurance policy for a victim in an accident is not an obstacle to compensation for the damage that was caused to him.
