What are the consequences of not having a diagnostic card in case of an accident?


A traffic accident is an extremely unpleasant situation that, unfortunately, virtually every third driver faces. In order to make the painful procedure of registering an accident with an insurance company a little easier, you must have a package of certain documents with you. One of the documents that may be included in such a package is a vehicle diagnostic card. What kind of document is this? Is it necessary to always carry it with you? What are the consequences of not having a diagnostic card in case of an accident? The answer to these and other basic questions related to this topic can be found below.

What is a diagnostic card?

In essence, a diagnostic card is a document that is now issued in addition to a technical inspection coupon and is a kind of permission for the driver and his vehicle on the road. The diagnostic card is a document in A4 format, which can be printed either on plain paper or with the use of certain security marks. The card form contains a table with information on the results of checking all units, spare parts and components of the vehicle. When conducting a technical inspection (diagnosis of the technical condition of the car and spare parts), and determining the results of the inspection, data on the successful completion or failure of the technical inspection is entered. The following information must also be entered into the diagnostic card:

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  • a list of checked components, assemblies, spare parts of the machine and the result of the check;
  • information about the owner of the vehicle;
  • general information about the car. Category, car number, make, color, model, body type, etc.;
  • information about the registration certificate, namely the number, series, date and name of the office that issued this document for the car;
  • basic technical information about the vehicle. This includes mileage, tire condition and brand, gearbox type, brake system type;
  • date of the next technical inspection of the car;
  • mark on registration of the vehicle in the traffic police;
  • seal.

Upon successful completion of the check, one copy of the actual document is given to the driver, and the second remains at the place where the vehicle was checked. Also, an electronic copy of the document remains in the unified technical inspection information system.

General information

The diagnostic card is a printout on an A4 sheet, which contains a table. It indicates the characteristics of all transport nodes, as well as their current state.

After 65 points listed by the technical center expert, he forms a conclusion in which he says whether the car can or cannot be allowed to travel on public roads. If the verdict is negative, then it is also written what needs to be corrected.

Despite the fact that a diagnostic card is not useful to a person while driving, it is extremely important because it is necessary for purchasing an insurance policy.

This document can prove that the car was in good working order if it suddenly gets into an accident and there are disputes about the person at fault.

But in principle, it should not be with the driver during everyday driving, since the diagnostic card is not on the list of mandatory documents for the driver to have, and the corresponding requirement of the inspector will simply be unlawful, which of course distinguishes the card and the coupon.

Basic Concepts

To understand the issue of a diagnostic card and the need for its availability, you should determine the meaning of the basic terms that are used in the field of technical inspections.

This is the only way a driver can consider himself competent and quickly respond to all changes in the field.

TermValues
Diagnostic cardA document that contains the results of studies of the car and its technical part, as well as a verdict regarding the possibility of operating it on roads. A diagnostic card is necessary to certify the normal condition of the vehicle and official approval for use
Road accidentA traffic accident is a traffic situation that involves a collision between a car and a pedestrian, another car or an infrastructure object. It is typical that a road traffic accident is characterized by damage that was received while the car was moving, that is, accidents that occurred with a stationary car are not considered accidents and are investigated by ordinary police
Insurance policyA document that provides for the establishment of payments for the car owner in various situations if the property has been damaged. The amount of payments is formed from funds paid as part of regular contributions by the motorist himself, and for insurance payments it is necessary that the situation specified in the contract occur

Its purpose

A diagnostic card is needed in order to assess the technical condition of the car and determine whether it can be safely operated on public roads.

Without a diagnostic card, you will not be able to obtain insurance, which is mandatory.

After all, a person will not be allowed to drive without a policy, and if it is discovered that he is driving a vehicle without insurance, he will be issued a fine equal to several thousand rubles.

But when it comes to the normal use of a car on the roads, the diagnostic sheet is not useful to the driver, since the inspector does not have the right to ask to see it.

Therefore, if a person keeps his car in order and has no visible damage that may be of interest to traffic police inspectors, then he can feel completely safe on the road and not worry about fines.

Current regulatory framework

The diagnostic card, its use and the nuances of this process are set out in the law of the Russian Federation “On technical inspection of vehicles and on amendments to certain legislative acts of the Russian Federation”, number 170-FZ.

This law also contains rules for the use of a diagnostic card, which must be strictly observed.

In addition, this legal act clarifies the points in which the presence of a diagnostic card is mandatory and without it it will not be possible, for example, to obtain an insurance policy.

But regarding whether the driver should carry the diagnostic document with him, we can say that he is not obliged to do this.

Indeed, according to paragraph 2.1.1 of the Traffic Rules, a motorist must have with him and present to traffic police inspectors upon request only three documents - a driver’s license, an insurance policy and a certificate confirming the registration of the vehicle.

Therefore, if the request is to transfer a diagnostic sheet, then you can rely on this provision of the rules and refuse to transfer the document.

Do you need a diagnostic card in case of an accident?

Starting from August 2015, a technical inspection coupon is not accepted for issuing compulsory motor vehicle insurance; a diagnostic card is used instead. In other cases, the diagnostic card is not a mandatory document. When checking, the inspector only needs to present the MTPL insurance policy. The only exception is when it comes to vehicles carrying passengers or dangerous goods. The law also does not provide for the mandatory presence of a diagnostic card in case of a traffic accident.

In what cases is maintenance not necessary?

There is a legal possibility

avoid technical inspection, and therefore do not receive a diagnostic card. Owners of vehicles no older than three years are exempt from it.

The law states that the diagnostic card is a mandatory document when applying for a policy. But if the driver presents a title in which the year of manufacture of the car is less than three years, then a certificate of its technical condition is not required.

It is important to know! The MTPL policy and technical inspection are closely related, but it is not needed for new cars. Obtaining compulsory motor liability insurance without maintenance is possible only under this condition.

What are the consequences of not having a card in case of a traffic accident?

To pay insurance, after registering an accident, the insurance agent may require a diagnostic card to confirm the condition of the car. Taking into account the fact that the policyholder bears full responsibility for the condition of the car. In the absence of a diagnostic card in case of a traffic accident, confirming the serviceability of the car, problems may arise with insurance payment.

Having a document confirming the serviceability of the car in case of an accident is essentially not a prerequisite for paying out insurance. But, without having a diagnostic card for a road accident, the car owner must be aware that paying for damages may fall entirely on his shoulders.

Accident with an expired diagnostic card

If the validity period of the diagnostic card has expired, but the period of validity of the compulsory motor liability insurance has not yet expired, no penalties can be applied to the motorist in case of an accident. Regarding insurance payments, an expired document is a reason for non-payment. If the validity period of the MTPL has expired, then the insurance will not be paid.

Validity period for a diagnostic card in case of an accident:

  • not required for vehicles less than three years old;
  • if the vehicle is from three to seven years old - two years;
  • if the car is seven years old or older, the document is valid for one year;
  • For vehicles that regularly transport cargo or passengers, a technical inspection is required once every six months.

That is, in the event of a traffic accident, the validity period of the diagnostic card, even if compulsory motor liability insurance is in effect, can play a very important role and give insurers a reason for non-payment of insurance compensation.

What do you need to get insurance without passing a technical inspection?

Persons officially exempt from technical inspection must provide a document confirming this fact. For example, if this is a newly purchased car, the purchase and sale agreement will be the supporting paper. The remaining papers and the procedure for signing the agreement remain unchanged.

If you are purchasing a new car, you will not be able to obtain a vehicle license on the website, because the data on the vehicle is not available in the RSA. You must contact the company branch directly to obtain a paper version of the document.

If the maintenance period expires within a couple of months after the expiration of the policy, you can undergo a technical inspection ahead of schedule. Insurance will be issued using the new card.

To summarize, the deadlines for passing technical It is better not to violate the examination; a responsible approach to this issue will help to avoid most problems, including when using an insurance policy. When undergoing diagnostics, always take into account the characteristics of your vehicle and the purpose of use. However, in certain situations provided for by law, you can exercise your right to obtain auto insurance without the result of technical support. examinations. The possibility of obtaining compulsory motor liability insurance without a technical inspection is available on our website.

Payments under OSAGO

The diagnostic card is not a mandatory document to present to the insurer. Only the person responsible for the accident can request a document confirming the technical serviceability of the car. In turn, in the absence of a diagnostic card, or its expiration date, he will be presented with a recourse claim, to satisfy which the driver of the car who is the culprit must reimburse the insurer for the costs of paying insurance to the victims. A similar measure applies to car owners who undergo maintenance once every six months. That is, if the vehicle is used for regular transportation of people or goods.

In addition, the insurance company can also demand compensation for payments to victims of an accident from the maintenance operator. This situation is possible if the diagnostic card for a road accident indicates that there are no faults in the vehicle, but in fact the car involved in the road accident had technical problems. In this case, the responsibility lies with the person who signed the diagnostic card, namely the operator who checked the vehicle.

The absence of a diagnostic card in case of a traffic accident is not a legal basis for refusal to compensate for damages. However, there may still be consequences for the vehicle owner. To begin with, it is worth understanding that without a diagnostic card based on the accident, the driver will not be able to prove that his car was in good working order at the time of the accident. This fact, in turn, is a strong enough argument for recognizing this car owner as the culprit of the incident. In addition, issuing compulsory motor liability insurance without a document confirming the technical serviceability of the car is illegal. Even if the driver decides to sue the insurance company that refused compensation for the damage, the outcome for him will be far from rosy. In fact, the most likely situation will unfold like this:

  • the contract between the car owner and the insurer will be recognized as valid and compensation will still be paid. But, since the driver will most likely be found guilty, the insurance company will be able to demand compensation for material payments;
  • the court generally recognizes the contract as invalid, since it was drawn up in clear violation of the law. In this case, responsibility for the accident, and accordingly the financial obligation, falls entirely on the plaintiff.

How to conclude compulsory motor liability insurance without a maintenance form

It is important to know that applying for insurance online and obtaining a policy without a technical inspection is difficult. After all, to conclude a contract, you need to enter a unique number assigned to each diagnostic card in a special field. But this does not mean that there are no options available - there are many:

  • Registration of compulsory motor liability insurance without technical inspection with the formal issuance of a maintenance form by insurance company employees . It will not bear the signature of the specialist who carried out the maintenance of the vehicle. Formally, the car will be insured, but in reality such a policy will be invalid. And in case of an accident, the owner of the car will have to compensate for the damage;
  • Purchasing a diagnostic card . This option fully addresses the question of whether a technical inspection is required for online insurance and what to do in this case for compulsory motor liability insurance. Under this scheme, the car owner purchases an active diagnostic card, the number of which is used to obtain insurance. Such services are unofficially provided by both insurers themselves and maintenance operators. The disadvantage of this method is that in the event of an accident, insurance payment will be denied, since such a policy will be declared invalid;
  • Purchasing a “blank” technical inspection card . An unfilled technical inspection form can also be used to issue a policy - because it will have a unique number. But, similar to the case described above, such insurance is invalid.

If you are interested in whether it is possible to conclude a car insurance contract without MOT legally, then there are only 2 ways: to issue it for a new car or to obtain temporary insurance to undergo a technical inspection.

OSAGO without technical inspection

Lack of diagnostic card and CASCO insurance payments

From the above, it can be understood that the absence of a diagnostic card in case of an accident, and subsequently insurance payments, can lead to the fact that the insurance company simply refuses to reimburse any funds for car repairs. However, this depends on the insurer who issued the CASCO insurance. It is worth re-reading the contract carefully, and if a conflict arises with the insurance company, point out that there is no clause about the need for diagnostic testing in the event of an accident. If the CASCO agreement stipulates that having a diagnostic card is mandatory, then most likely you will be left with nothing.

Consequences of registration of compulsory motor liability insurance without maintenance

If MTPL insurance is issued online or on paper without a diagnostic card for a “fresh” car no older than 3 years, then everything is absolutely legal. The driver can count on receiving insurance compensation in case of an accident. If the car is involved in an accident, when the driver managed to purchase insurance online for 20 days, but is driving without a technical inspection, recourse payments will be denied. During a routine document check with traffic police inspectors, the driver will not have any difficulties. But in the absence of maintenance, the vehicle will be considered defective and insurance payment will be denied.

Peculiarities

So, what should a driver know about the diagnostic card?

  1. The DC is a document issued by the maintenance operator at inspection points based on the results of a complete check of the vehicle.
  2. DK essentially gives the owner the right to use this car in areas of heavy traffic.
  3. An MTPL policy can only be issued upon presentation of a diagnostic card, otherwise the contract with the insurance company may be declared invalid.
  4. When changing the owner of a vehicle (sale, transfer to a third party, etc.), re-issuance of the diagnostic card is not necessary and amendments are not made to it until the expiration date.
  5. The card is not a document required to be presented to the traffic police inspector.
  6. In the event of a traffic accident, it is not necessary to have a vehicle diagnostic card. However, the owner of the car may be found to be at fault for the accident, since there is no confirmation of the car’s serviceability.
  7. The CD has its own specific expiration date and is a sufficient basis for issuing compulsory motor liability insurance before its expiration.

What happens if you take out a fake MTPL policy?

We have considered all legal ways to determine whether it is possible to obtain an MTPL policy or buy it online without a technical inspection. Now let's talk about illegal schemes, more specifically, about issuing fake insurance.

On the Internet you can find many offers to buy compulsory motor insurance online at a price of 1,500–2,000 rubles per policy. Several schemes are used to issue fake documents:

  • a form previously issued by an insurance company in another region is taken as a basis;
  • a “double” is used - that is, the data of a real and valid policy issued for another car owner is entered;
  • insurance is issued on behalf of an insurer who has left the “automobile” insurance market.

Before you issue or renew your MTPL policy without a diagnostic card, remember that such a document has no legal force. Moreover, for using a fake, the driver may be subject to criminal prosecution.

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