A road traffic accident, in the usual understanding of this concept, is a collision of two or more cars, resulting in damage to vehicles, and may also cause harm to the health and even lives of people.
Such an incident cannot in any way be classified as pleasant, and if you suffered through someone else’s fault, then it’s not even worth talking about... However, in any case, you will have to demand compensation for the damage caused. Let's try to figure out how and from whom.
How to file an accident without insurance?
If an accident occurs and the damage is minor, then the first thing you want to do is to do without calling the traffic police and draw up a European protocol.
STOP! Before filling out a European protocol, make sure that the person at fault for the accident has insurance. If there is no insurance, the European protocol cannot be issued.
In case of an accident without insurance, it is necessary to either agree on the spot, when the damage will be immediately compensated for those responsible for the accident, or call traffic police officers. The procedure will be as follows:
- Vehicles must remain in the same position as they were at the time of the accident.
- Put up emergency stop signs
- Take photographs of the accident scene and also make video recordings of the accident scene
- Call the traffic police to fill out a report. When drawing up a report, traffic police officers will have to indicate that the person at fault for the accident does not have insurance.
- If the culprit fled the accident without insurance, still remain at the scene until the traffic police arrives.
Thus, in case of an accident without insurance, documents must be completed by traffic police officers.
How to get compensation for damages
As already mentioned, a feature of the MTPL policy is that the beneficiary in the event of an accident is considered not the one who paid the insurance premium, but the victim. And in order to receive payments, the victim must contact the insurance company.
There are three main schemes for obtaining compensation for compulsory motor vehicle citizenship:
- direct payment of damages (also called direct settlement);
- Europrotocol;
- standard refund.
The first two schemes are the simplest and do not require much time, but they imply a number of conditions and compliance with certain requirements for such things as auto examination and medical examination. In addition, the maximum amount can be significantly reduced by the limit.
Claim to the culprit of an accident who did not take out or expired compulsory motor liability insurance policy
If the person at fault for the accident did not have insurance under compulsory motor liability insurance, then the injured person will have to recover damages from the accident directly from the person at fault.
Before going to court, it is necessary to send a claim to the guilty person demanding payment of the amount of damage, and the damage must somehow be justified by the injured party, namely, either by an expert’s opinion, by the person with an assessment report, etc.
The injured person may have a CASCO agreement, i.e., when the insurance company compensates the person for the damage caused to his property. The relevant contract may provide for the period and method of notification of the occurrence of an insured event. If the victim has provided his insurance company with all the necessary documents to compensate him for the damage, but the insurance company refuses, then it may be necessary to go to court. Before going to court, in addition to an application for payment of compensation, you should also send a claim that payment is not being made, with a request to make payment. In addition, you must write a complaint to the financial ombudsman.
When insuring under CASCO, as well as under MTPL, there are some nuances regarding the amount of compensation. There may be a situation where the amount of damage exceeds the amount of compensation, then the remaining amount will have to be recovered from the guilty party; accordingly, the claim must be sent to both the person responsible for the accident and the insurance company.
USEFUL : our lawyer will help you make a claim correctly, watch the video
Video: actions after an accident to receive payment under compulsory motor liability insurance? Legal advice
Sometimes difficult situations happen in life. No one would like to find themselves in them, but no one is immune from accidents. A person must survive the event with dignity, knowing not only his rights, but also his responsibilities. Without going beyond the law, if possible, prove your innocence.
You can avoid traffic accidents and stressful conditions if you are careful, follow the rules of drivers, and respect the law. Have an easy journey and careful driving on the roads!
- Author: Andrey
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How to file a claim against the culprit of a traffic accident without a policy?
A claim against the culprit of an accident who did not have insurance when the corresponding event occurred is filed according to the general rules of procedural legislation, indicating the following information:
- name of the court that will hear the filed claim
- Full name or name of the plaintiff, his address, as well as, if available, telephone number, email address. mail
- information about the defendant, i.e. Full name, address, and also, if known, date and place of birth, place of work and one of the identifiers (TIN, SNILS, etc.)
- title of the document – statement of claim
- the content of the claim sets out the circumstances of the accident, i.e., when, where, between whom the accident occurred, who is the culprit and how this is confirmed, the motivation for the claimed claims, for example, for compensation for damage caused with reference to evidence, which also confirms size of requirements
- the operative part of the claim formulates specific claims that the plaintiff asks the court to satisfy
- the list of appendices of documents to the claim indicates the corresponding attached evidence
- at the end, the claim must be signed by the plaintiff, the transcript of the signature and the date of drawing up the claim should also be indicated
USEFUL : order a lawsuit from our lawyer, watch the video on the topic
How to identify the culprit of an accident
In a situation where an accident occurs on the road, the driver’s guilt is established both without delay, and after having already collected a package of documents. It all depends on the scale of the incident and the number of vehicles involved. Driver behavior plays an important role.
Many years of practice have developed not only an algorithm for identifying the culprit of the accident, but also the correct tactics of behavior for all its participants.
Some regulations are directly enshrined in the traffic rules, as well as in the Code of Administrative Offenses of the Russian Federation.
For example, the procedure for action in the event of a traffic accident is regulated in paragraphs. 2.5, 2.6, 2.6.1. In turn, the procedure for proceedings in cases of administrative offenses, the rights of their participants, and other important provisions are contained in Chapters 24-26, 28 of Section IV of the Code of Administrative Offences.
The collected evidence base in its entirety plays a major role in ascertaining the truth. It is on its basis that a decision is made to bring a citizen to administrative or criminal liability.
Approximate list of evidence;
- written sources;
- photos;
- explanations of road accident participants, witnesses, traffic police officers;
- physical evidence in the form of glass shards or paint chips;
- results of examinations, examination of a person.
The readings of special technical means are also taken into account. We are talking about speed radars and devices that determine the level of alcohol in the driver's blood.
Now is the time to move on to the procedure for identifying the culprit.
At the scene of an accident
In many cases, the culprit of a car accident becomes clear immediately. Most traffic violations are obvious and do not require additional methods of proof.
The circumstances of the incident are included in the protocol being drawn up with reference to those traffic rules that were not observed. The accident diagram will tell you a lot.
Typical offenses of motorists:
- running a red light;
- obvious speeding;
- failure to comply with the rules for crossing intersections;
- driving into the oncoming lane.
In the case where the driver was drunk, this also applies to non-compliance with traffic rules (Article 12.8.1 of the Code of Administrative Offenses of the Russian Federation). Initially, the amount of alcohol in a citizen’s blood is determined by a traffic police officer using a special device - a breathalyzer. This is usually followed by a medical examination.
Each of the participants in the incident has the right to write their own explanations to the protocol. Their content is taken into account when issuing a decision to impose a fine and/or determining the period for deprivation of a driver’s license.
If not guilty, how to prove it at the initial stage
Upon the fact of a traffic accident, administrative proceedings are initiated. The initial documents within it are a diagram drawn up at the scene of the accident, explanations of participants and witnesses.
In turn, between the registration of the case materials and the adoption of a resolution to bring the culprit to administrative responsibility, a certain period of time passes - 2 months.
During this period, the driver should not sit with his hands folded in order to confirm that he is right.
Basic rights of the car owner:
- opportunity to get acquainted with the materials of administrative proceedings;
- providing additional explanations and written evidence;
- the right to seek legal assistance from a lawyer or advocate.
In addition, the participant in the accident may insist on additional examinations. They, on the basis of Part 2 of Art. 27 of the Code of Administrative Offenses of the Russian Federation are carried out at the expense of budgetary funds. The range of questions that need to be posed to the expert are determined in advance.
Appeal against guilt of the Code of Administrative Offenses
The logical outcome of an accident is the decision of the traffic police investigator to bring one or both drivers to administrative responsibility in the form of a fine. It can be challenged. For this purpose, a person brought to administrative responsibility has the right to file a complaint with higher management or the district court.
The protocol on an administrative offense cannot be challenged under the law. You need to wait for the decision to impose a fine.
Many choose the second path in the hope of greater objectivity. Be that as it may, everything must be done within ten days from the date of receipt of the decision. Otherwise, you will have to write a petition to restore lost time, justifying the reasons for the delay.
An appeal against a decision may take place sequentially in several courts. Many drivers, in search of justice, go all the way to the Supreme Court of the Russian Federation.
By the way, the decision not only on the application of monetary sanctions is being appealed, but also on the refusal to bring the citizen to administrative responsibility. The same 10 day rule applies here. The complaint requires a point-by-point description of the procedural violations committed by the traffic police officer.
If the magistrate refuses to initiate administrative proceedings, his ruling may be revised. For this purpose, a complaint is written to the district court at the location of the magistrate’s precinct.
In civil court
The consideration of the case has its own specifics. A claim is brought against the second party not only for the recovery of damages, but also for the final determination of the culprit of the road accident.
You will need to pay a state fee, which consists of two parts. Determination of the culprit is considered as a non-property claim and is paid in the amount of 300 rubles.
Regarding compensation for material damage, the duty is calculated as a percentage of the claims made. It is based on clause 1 of Art. 333.19 Tax Code of the Russian Federation. There the amount of payment is determined, linked to the price of the claim.
It is useful to involve the insurance company as a third party in the case. When the court finds that the insurance compensation was not provided to the victims in full, the missing amount is recovered, but within the limits applicable under compulsory motor liability insurance.
How to win a case in a car accident without insurance?
In order to win a lawsuit for an accident without insurance, you must first take care of the evidence base, that is, collect all the necessary documents to prove that you are right. In addition, in some cases, expert opinion is required.
If the plaintiff decides not to provide part of the evidence, for example, not to contact experts ahead of time, so as not to spend extra money, then during the consideration of the case and if there are objections from the plaintiff, you can petition the court to appoint an expert examination to determine, for example, the size harm caused.
You should carefully consider the arguments of the opposing party, who objects to the stated requirements, and provide counter-arguments to their arguments.
Judicial practice will also help in resolving the dispute in favor of the plaintiff, as well as various decisions of the plenums, which should be referred to either in the claim, or in additions to the claim or explanations, which are best prepared in writing and submitted to the court.
Depending on the circumstances of the accident, you can file a motion to question witnesses, if any.
Active behavior during the consideration of the case, i.e. explanations on the circumstances of the case, on the merits of the stated requirements, and objections to the arguments of the second party together will help to win victories. However, it should be borne in mind that the requirements must be legal and supported by documents.
What to do if the person at fault for the accident has no money?
The question of what to do if the culprit of an accident does not have money can arise both at the time of the accident and after the court makes a decision to collect funds from the culprit.
If the person at fault for the accident does not have money, but has insurance under compulsory motor liability insurance, then the insurance company must compensate for the damage in a certain amount.
If at the time of the accident the culprit has no insurance and no money, then in any case it is necessary to draw up all the documents regarding the accident, and then decide whether it makes sense to go to court with a claim against the culprit or not.
If a claim is filed for recovery of damage caused and the court makes a decision in favor of the plaintiff, then bailiffs must get involved and carry out actions to forcibly collect funds from the debtor. If the debtor does not have money, then measures must be taken to search for his property with a view to seizing it and selling it at auction.
And yet, if the debtor has nothing at all, lives with relatives, does not work, and the car was not his at the time of the accident, then there is little chance of recovering anything from him. In such a situation, one can only hope that someday the debtor will have something and then the bailiffs will be able to describe the property or seize accounts and satisfy at least partially the demands of the collector.
Innocence in an accident will have to be proven
When you get into an accident, you have to prove your innocence. A car accident is examined by traffic police inspectors and insurers step by step, but even in this case, mistakes or banal deception occur. A person who has ever found himself in a similar situation probably knows very well what kind of troubles he often encounters.
Only your own strong evidence can correct the situation. If you get into an accident, you should know what to do. Errors can even appear in the accident scene inspection report, so the driver must take care of everything. The car owner should inquire about the correct actions in difficult situations that can be successfully corrected, restoring justice and receiving payments under compulsory motor liability insurance.
Important! Insurance companies most carefully assess the scene of the accident, and then begin a technical examination of the vehicle.
