How to recover damages from the culprit of an accident: material and moral damage, the procedure for compensation under compulsory motor liability insurance, through the court, who pays compensation

He who is guilty pays

Everyone knows that with the introduction of compulsory motor liability insurance, the obligation to pay for the damage incurred lies with the insurance company of the one who is at fault, or with “their” insurance organization (this is called direct compensation), if only vehicles that are insured under compulsory motor liability insurance were damaged. It would seem that everything is clear and simple. At the same time, there are often situations when it is necessary to present demands directly to the culprit of an accident:

when the insurance company did not fully satisfy the claims of the injured party. Thus, civil liability can be insured for an amount not exceeding 400,000 rubles: if the amount of costs for car repairs turns out to be greater, the difference must be recovered directly from the person responsible for the incident;
if the car was damaged in a parking lot, parking lot, that is, not while moving (the car was not in use, the driver was not driving it, and there was no other car that was moving and made a collision, but, let’s say, a person scratched the car with a nail). This is no longer an accident as such, but property damage;
when it is necessary to obtain payment for causing moral damage;
the insurance organization refused to pay (in whole or in part) and appealing such actions did not bring a positive result;
the insurance organization went bankrupt or was liquidated without making payment under a judicial act adopted in favor of the victim;
if the driver at fault for the accident does not have a concluded contract with any insurance company, or such contract is expired.

Property claims cannot always be made against the person driving. So, if the car is listed on the balance sheet of a certain organization, then this organization is obliged to compensate for losses (as a rule, victims demand compensation jointly from both the legal entity and the driver in order to avoid unnecessary proceedings with shifting the blame onto each other).

If a person has an accident while driving a vehicle on the basis of a power of attorney, a lease agreement, etc., then such driver will be the debtor, however, these circumstances must be reliably confirmed by the owner of the vehicle. A similar rule applies if the car was driven by a thief.

If the burden of guilt in the listed situations was borne by the owner, then he can subsequently make recourse claims against the citizen who committed the collision.

When should you demand compensation for material damage from the person at fault in an accident?

The process is regulated by Federal Law No. 40 “On Compulsory Motor Liability Insurance”, the Civil Code of the Russian Federation and a number of Resolutions of the Supreme Court. A person is obliged to independently provide funds to the victim if:

the driver left the scene of the accident, thereby violating the established registration procedure;
the person whose actions caused the incident does not have a policy;
what happened does not fall under the list of insured events for which compensation may be provided under compulsory motor liability insurance;
the victim wants to claim payment for moral damages;
the amount of damage caused exceeded the available limits for motor vehicle insurance (400,000 rubles if only property was damaged, 500,000 rubles if damage was caused to the life or health of people).

Claim procedure

Experts in road accident cases advise going through the pre-trial compensation procedure before filing a claim. At the same time, the legislation does not prohibit skipping the stage of filing a written demand and immediately after the occurrence of a road accident, going to the district court (we remind you that in the case of claims sent to the insurance company, the pre-trial procedure is considered mandatory). Practice shows that often those responsible for road accidents simply ignore the letters of claim sent to them. If you nevertheless decide to take the opportunity to resolve money issues out of court, it will be useful to know the following:

the claim must be clear and understandable;
it should contain: a description of the accident that resulted in losses, a reasoned conclusion about the need for compensation (you should indicate why you intend to receive payment for the costs from this person);
circumstances for which no recovery is made from the insurance company;
do not allow demands in a rude, harsh, emotional form;
the letter must indicate damage (both obvious and hidden), as well as a document confirming their list;
the final amount you intend to receive: the cost of repair work, reduction in commodity value, evacuation costs, storage costs, appraisal costs, etc.

It is advisable to attach everything that the author of the claim refers to in copies (for greater persuasiveness and reliability, copies can be certified by a notary). It can be:

a document confirming the fact of the accident;
proof of vehicle ownership;
paid bills for the cost of repairs, evacuation, storage, etc.;
conclusion of the appraisal examination;
other documents.

The completed claim is sent to the culprit of the accident at his place of residence by registered mail with notification or with a valuable list of the contents. It is possible to deliver a letter via courier service - this issue is decided at the discretion of the sender.

Sample claim

The following sample claim can be used in the event of a complete lack of compensation for damage by the insurance company of the person responsible for the accident:

Ivanov Ivan Ivanovich registration address: 100000 Moscow, st. Lenina, 1, apt. 1 Petrov Petr Petrovich, registration address: 200000 Moscow, st. Lenina, 2, apt. 2

PRE-TRIAL CLAIM TO THE culprit of an accident

Dear Ivan Ivanovich!

01/01/2021 at 13:40 on the street. Khoroshevskoe highway in Moscow there was a collision with a Lada Priora car, state registration number A 000 AA/197, which was driven by me, P.P. Petrov. with a FORD car, state registration number U 000 УУ/197, which was driven by you, I.I. Ivanov.

The Lada Priora car, state registration number A 000 AA/197, belongs to me by right of ownership (a copy of the technical passport is attached).

The accident occurred through your fault, as a result of violation of clause 1.4 of the traffic rules, which is confirmed by the expert’s conclusion dated 01/02/2021, the protocol on an administrative offense, the road accident diagram, the resolution in the case of administrative offense 00AA 000000 dated 01/01/2021.

As it became known, the risk of your civil liability was not insured, since you did not take timely measures to extend the MTPL agreement.

In accordance with the conclusions of the examination of Expert-Auto LLC No. 0000000 dated 01/05/2021. (copy attached), the cost of restoration work on the Lada Priora car, state registration number A 000 AA/197, amounted to 45,000 rubles. In addition, I incurred additional expenses:

5000 rubles - the amount spent on the tow truck (I enclose a copy of the service provision certificate);
5,000 rubles – the amount spent on replacing a security alarm system damaged as a result of an accident (certificate attached).

Total, total amount of losses: 55,000 rubles.

I propose that you voluntarily, within 15 days from the date of delivery of this claim, pay me the cost of expenses incurred as a result of an accident for which you are the culprit. To transfer funds, I provide the details:

Sberbank PJSC, account 000000000000 or to Sberbank card No. 1111111111111.

If you intend to pay the required amount, but for some reason cannot do it within the period specified in this claim, you can call my phone number 8926000000 on weekdays from 18-00 to 22-00, on weekends from 10 -00 to 21-00, for negotiations.

In case of failure to comply with the requirements, I reserve the right to apply for compensation to the court, in which case I will additionally make demands for legal costs.

APPLICATION:

a copy of the vehicle's passport;
a copy of the resolution in the case of an administrative offense;
a copy of the certificate confirming the replacement of the electronic auto protection system;
a copy of the expert's opinion dated 01/02/2021;
copy of the expert's opinion dated 01/05/2021.

01/15/2021 Ivanov I.I. _____________signature

So, if, after the expiration of the established period for repayment of damage, the addressee has not made attempts to voluntarily compensate for your losses, there is nothing left to do but go to court.

In what cases may compensation not be paid?

It is not always possible to obtain monetary compensation from an insurance company. Payment will be refused if:

The accident happened due to the fault of both parties;
the victim was intoxicated at the time of the accident;
the culprit does not have an insurance policy;
whether the victims have insurance against accidents on the road;
the victim is caught committing fraud;
the initiator of the incident was not identified;
the insurer is bankrupt;
The OSAGO certificate has expired.

How to file a claim

Let us remind you that the period for going to court is three years from the date of the traffic accident. If this deadline is missed, the claim may not be satisfied for this reason alone, regardless of the fact that you are actually the victim and actually incurred the costs.

You can draw up a statement of claim yourself, following some recommendations:

The defendant can be either the person driving the vehicle or the owner of the vehicle. If the culprit of the accident died, then his heir will be the defendant;
it is necessary to comply with the rule on jurisdiction: the claim must be filed in the territorial court at the place of residence of the defendant, if there are several of them - at the place of residence of any of them (magistrate - if the amount of the claim does not exceed 50,000 rubles, in other cases - in the district court of general jurisdiction);
if there are several plaintiffs, then one statement can be drawn up;
just as in the claim, you need to describe what happened and list the damage to the car indicated in the examination;
be sure to indicate in the text of the application that a claim was previously sent to the defendant, to which no response was received;
the claim must be accompanied by copies of documents issued by the traffic police, expert opinions, checks, receipts, as well as a receipt for payment of state fees (in the example below, this is 800 rubles + 3% of the amount exceeding 20,000 rubles = 1,940 rubles, the amount of legal expenses is not subject to duty ).

What damages can the court ask for compensation for? In general, the plaintiff has the right to include in his claims all those costs that, in his opinion, are directly related to the accident:

these may be actual expenses incurred, including carrying out documentary procedures (drawing up conclusions, assessments, etc.), tow truck services, forced paid parking, etc.;
costs that will cover all restoration work (preliminary assessment) that has not yet been completed at the time of the claim;
the average market value of the car (for example, when the damage is so serious that the cost of repairs exceeds the price of the car);
moral damage - the suffering suffered by the victim in an accident, as well as harm to health;
lost profits, as well as subsequent damage (for example, as a result of an accident, the victim was late for a flight, and therefore the cost of tickets, hotel room reservations, etc. was not returned to him.

The scope of the requirements must be carefully calculated. So, if we are talking about partial compensation by the insurance company, then the price of the claim will correspond to the remaining (underpaid) amount. When a car is insured under CASCO, a deductible can be collected from the person responsible for the collision - this is the name of the part of the payment that is retained by the company.

Sample claim

A sample statement of claim can be drawn up either independently or with the help of a lawyer, the invoice for whose services can also become part of the requirements.

We are writing a statement of claim:

Leninsky District Court of Moscow Plaintiff: Petrov Petrovich, registration address: 200000 Moscow, st. Lenina, 2, apt. 2 tel. 8926000000 Defendant: Ivanov Ivan Ivanovich, registration address: 100000 Moscow, st. Lenina, 1, apt. 1 tel. 8927000000

Cost of claim: 58,000 rubles State duty: 1,940 rubles.

Statement of claim against the culprit of the accident for compensation for material damage

The accident occurred due to the fault of I.I. Ivanov, due to a violation of clause 1.4 of the traffic rules, which was confirmed by an expert’s conclusion dated 01/02/2021, a certificate of a traffic accident, and a resolution in the case of administrative offense 00AA 000000 dated 01/02/2021.

I sent it to Ivanov I.I. a claim for reimbursement of the cost of repair and restoration work on my car, but after the expiration of the established period, the damage was not voluntarily compensated.

5000 rubles - the amount spent on the tow truck (I enclose a copy of the service provision certificate);
5,000 rubles – the amount spent on replacing a security alarm system damaged as a result of an accident (certificate attached).

Total, total amount of losses: 55,000 rubles.

In addition, I spent 5,000 rubles on drawing up a statement of claim and preparing for the court hearing (I have attached a copy of the agreement).

The civil liability of the culprit of the road transport, in accordance with the Federal Law “On Compulsory Motor Liability Insurance” No. 40-FZ dated April 25, 2002, was not insured. The defendant did not provide evidence of compulsory civil liability insurance, either within the framework of compulsory or voluntary insurance.

Guided by Part 1 of Art. 15, part 1 art. 1064 of the Civil Code of the Russian Federation, a citizen has the right to demand full compensation for damage caused to him from someone who is found guilty of causing harm.

I request that the following witnesses be called to the hearing:

Kozlov Roman Olegovich (passenger in my car during the collision), living at the address: (index), Moscow, st._________, no.___, apt.____, tel._________.
Melikhov Dmitry Borisovich (evacuation service employee), living at the address: (index), Moscow, st._____________, no.____, apt.____, tel.____________.

To resolve this dispute, I consider it necessary to study the administrative case of an accident involving the plaintiff and the defendant.

Based on the above, guided by Part 1 of Art. 15, part 1 art. 1064 Civil Code of the Russian Federation,

ASK:

To recover from the defendant Ivan Ivanovich Ivanov in favor of Petrov Petrovich 45,000 (forty-five thousand) rubles as compensation for the cost of repairing the vehicle;

To recover from the defendant Ivan Ivanovich Ivanov in favor of Petrov Petrovich 5,000 (five thousand) rubles for the cost of a tow truck;

To recover from the defendant Ivan Ivanovich Ivanov in favor of Petrov Petrovich 5,000 (five thousand) rubles for the cost of replacing the alarm system installed on the vehicle;

To recover from the defendant Ivanov Ivan Ivanovich in favor of Petrov Petr Petrovich 3000 (three thousand) rubles) for the costs of assessing the restoration of the Lada Priora vehicle, state registration number A 000 AA/197, damaged as a result of an accident;

To recover from the defendant Ivan Ivanovich Ivanov in favor of Petrov Petrovich 1940 (one thousand nine hundred and forty) rubles for the costs of paying the state fee for considering the case in court;

To recover from the defendant Ivan Ivanovich Ivanov in favor of Petrov Petrovich 5,000 (five thousand) rubles of legal expenses in connection with the provision of legal services.

I ask you to request an administrative file on this dispute from the State Traffic Safety Inspectorate of the Russian Ministry of Internal Affairs for review in court.

APPLICATION:

Copies of the statement of claim for persons participating in the case;
A copy of the administrative violation protocol;
A copy of the road accident diagram;
A copy of the vehicle passport (notarized);
A copy of the certificate confirming the replacement of the electronic auto protection system;
A copy of the expert’s opinion dated 01/02/2021;
Copy of the expert's opinion dated 01/05/2021.
A copy of the agreement specifying legal services;
Receipt for payment of state duty.

Petrov P.P., _______________ (signature) 02/01/2021

This is one of many options for filing a claim for compensation for material damage through the court.

After filing such an application, a court date will be set, first a conversation (here you can clarify what written evidence is missing in the case, find out the position of the other party, present the original documents to the claim to the court for certification), then a consideration of the dispute on the merits. If the summoned defendant repeatedly fails to appear in court and fails to provide evidence of a valid reason, the court may enter a default judgment.

After a positive court decision enters into legal force, a writ of execution is obtained, which must be handed over to the bailiffs at the debtor’s place of residence. If the court does not agree with your demands, there is a legal opportunity to fight in the second instance - to file an appeal within 1 month from the date the decision was announced.

Other situations

In addition to standard situations that sometimes arise on the road, non-standard cases are also possible. They are also described in insurance contracts with the specified procedure for further actions.

If the culprit dies

Unfortunately, there are often cases when the initiator of a road accident dies. In this case, the source of compensation is his insurance company. If the damage is higher than the amount of the insurance policy, then the heirs of the person responsible for the accident must pay the difference.

If the culprit fled the scene of the crime

It happens that the instigators of an accident deliberately leave the scene of the accident. In such cases, it is important to remember the license plate number of the culprit's car. In addition, you need to remember the make, color and other features of the car. Then submit an application to the traffic police to find the culprit. If it is not found, then:

if only the car is damaged, there will be no compensation;
if there are injured persons, then payments will be from the fund of the Russian Union of Auto Insurers.

If the initiator of the accident is identified, compensation will be paid by his insurance company.

How about in practice?

In reality, it is possible to recover from the culprit the entire amount specified in the claim - there are no limits on compensation, unlike litigation with an insurance company. At the same time, judicial practice in cases of compensation for damage allows us to conclude that most defendants simply cannot actually execute a court decision due to their financial situation (lack of work, numerous obligations, alimony, etc.).

In order for the plaintiff to receive the awarded amount, it is necessary to control the stage of enforcement proceedings, contact the bailiff, initiate the issue of establishing the main and additional income of the debtor, and report all known data about his financial situation and property. Sometimes it is possible to initiate legal proceedings for the division of marital property (if the debtor's property is registered in the name of the spouse).

It is much easier to enforce court decisions on compensation when the defendant is a government organization or commercial enterprise whose drivers cause the collision. In such cases, the amount determined for payment is quickly transferred to the victim’s account, often without initiating enforcement proceedings.

Whose insurance company pays for the damages caused?

Which insurance company to contact (the culprit or the victim) determines the damage caused to the victim as a result of the accident. The victim can contact his insurance company in the event that:

there were no more than two vehicles in the accident;
Only vehicles were damaged;
both car owners have current MTPL certificates.

If one of the clauses of the requirements is violated, claims should be sent to the insurer of the guilty party.

Summary

Compensation for damage after an accident is possible through an insurance company under the MTPL program or from the direct culprit of the accident. Claims can be made against the second driver if the insurance payment is insufficient, he does not have a compulsory motor liability insurance policy, or for other reasons. Compensation for damage caused in an accident is possible voluntarily or in court.

If you need to recover damages from an accident, contact our lawyers for help. We will provide services for preparing documents, calculating the amount of claims, and representing your interests in courts and other institutions. You can consult on all issues related to the recovery of damages by calling the numbers listed on our website or using the feedback form.

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