Road accident without a license and insurance - what threatens the culprit and the victim

Conflict resolution by agreement of two parties

What to do if you do not have MTPL insurance. It is possible to resolve the problem by agreement of the two parties, without further litigation. This can happen if the damage caused to the car is minimal, there can be no hidden damage, the victims can independently determine the cost of repairs, both come to an agreement that it is easier for them to immediately agree peacefully and disperse.

According to Article No. 1064 of the Civil Code of the Russian Federation, losses caused in an accident are subject to full compensation for those responsible for this accident. Therefore, it is necessary, in the absence of an insurance policy, to be prepared to compensate for the restoration of the damaged car yourself. In addition, it will be mandatory to pay a fine for not having an MTPL insurance policy and driving a vehicle without insurance; claims for compensation for moral damages will be possible.

The best option is to pay the amount of compensation directly at the scene of the incident, but sometimes the culprit does not have the required amount of money, and he asks to wait and pay the money after some time. A person injured in an accident can take some valuable thing as collateral. All actions must be reflected in the receipt.

IMPORTANT !!! The passport of the perpetrator is not taken as collateral, because such an act is a gross violation of the law and is subject to criminal punishment.

If the victim cannot determine the cost of repair work, the cost of repair is determined by experts. An assessment of the damage caused can be done at a service station or independent experts. When receiving funds as compensation for restoring the damaged vehicle, the victim must write a receipt confirming receipt of the funds. To avoid further disputes, the entire process of contract and payment, writing the receipt should be recorded on video, or the DVR should be left on.

There is such a situation. There is more than one driver included in the OSAGO insurance policy for this car, and the car involved in the accident was driven by a driver who was not included in the policy. This situation is equivalent to the absence of a policy, but the OSAGO insurance company is obliged to make cash payments. If the culprit refuses to pay the amount for the restoration of the car, you must complete all the necessary documents within the established time frame and contact the insurance company or further to the courts.

I got into an accident without a license: what will happen?

If a motorist is involved in an accident without a license, at a minimum, administrative proceedings will be opened. And if someone was seriously injured in an incident or died, a criminal case is initiated.

And the fact that the driver did not have a license will definitely come to light and be recorded in the protocol. This circumstance will play against him in further proceedings. It may become a reason to name the participant without a driving license as the culprit of the event, although other important details will be considered in the investigation.

But if, nevertheless, this driver was identified as the instigator of the accident, the lack of rights will affect the choice of punishment. The court will choose a more severe measure than could have been the case if the certificate was available.

If a person involved in an accident without a license is innocent, the absence of a document does not remove his status as a victim. That is, he must receive compensation for damage from the insurer of the second participant in the accident or this driver himself. The company will transfer funds or pay for car repairs.

If a person deprived of his license got into an accident and disappeared, he repeatedly aggravated the problem he got into. He now faces two aggravating circumstances: lack of driving license and escape from the scene of the incident. This can lead to:

to his charge in the accident;
arrest for 15 days under Article 12.27 of the Administrative Code;
requirement to pay a fine;
the need to independently compensate for the damage to the second participant, since the insurer may refuse to do this.

Pre-trial claim

The second option is a pre-trial claim. This is done in the absence of a compulsory motor liability insurance policy and it is impossible to reach an agreement peacefully, by agreement of the two parties. Pre-trial proceedings are underway. An inspection employee records the fact of the accident. When drawing up a report at the scene of a traffic accident, information about the absence of an insurance policy at the perpetrator must be recorded.

The victim himself, without fail, retains information about the person responsible for the accident:

Surname and initials,
Place of registration and place of residence,
Contact number.

In addition to recording the data of the person at fault in the accident, in order to file a pre-trial claim, it is necessary to prepare the following documents.

An independent examination report, which provides a detailed description of all, even if there is hidden damage to the car. A calculation is made of the amount of money needed to restore the car, that is, a calculation of the damage caused. In addition to the report on the examination, copies of permitting documents for the activities carried out by this organization, for example, a license, etc., must be attached. The cost of the examination is from 2000 to 7000 rubles.
In the event that damage is received as a result of which the machine cannot be restored, a report of lost marketable value is compiled. The cost of preparing such a report is 5,000 rubles.
Filing a pre-trial claim against the culprit of an accident without a compulsory motor liability insurance policy, the cost of filing a claim is 5,000 rubles. The claim can also be made by the victim himself. The document describes in detail the directions of movement of vehicles, the exact location of the accident, the time and date of the accident, and all related circumstances. But each point of the claim is supplemented with quotes from legislative documents and excerpts from an expert report on the calculation of damage caused. All this data must be consistent with the protocol from the scene of the accident drawn up by the traffic police officer, so it is important when drawing up the protocol to control what data is entered into the protocol. The final appeal shall indicate the amount of monetary compensation to be reimbursed. But, this amount may be greater than the amount indicated in the independent examination report, because it may contain an amount consisting of money spent on payment for the services of a technical service (tow truck), payment for car parking, payment for an expert assessment, payment for legal services, and the amount of moral damage.

To file a pre-trial claim, you must prepare a package of documents for the claim itself, which includes:

A copy of the certificate from the traffic police about the incident.
A copy of the resolution on the recorded offense.
Letter notifying of an independent examination.
Letter of invitation to visit.
Copies of documents for the car
A report with an expert assessment by an independent expert on the damage caused.
Cash documents that can confirm the cash expenses for restoring the car.

All copies necessary for further proceedings are made and certified at the scene of the accident by traffic police officers who draw up a report on the incident.

ATTENTION !!! The completed claim letter should be sent to the postal address of the person responsible for the incident, in the form of registered mail with a return notification of receipt. Postage checks and receipts are retained. If the claim letter does not help to recover the amount of damage, you should draw up a statement of claim to submit to the courts.

In addition to information about the person responsible for the accident and the calculation of the amount of compensation for the restoration of the damaged car, information about the victim, contact phone numbers, postal address and email addresses are included. In addition, the time allotted for resolving the issue without trial is indicated. You should take advantage of the recommendation and pay monetary compensation within the allotted timeframe specified in the claim. When the case is brought to court, the perpetrator will need to pay both court costs and attorney fees.

IMPORTANT !!! If the person responsible for the accident does not have any property (real and movable property), or does not have a permanent job, such circumstances are not grounds for refusal to pay compensation, especially if the issue is resolved by court.

Insurance without a license: does it work or not?

OSAGO insurance for a driver without a license does not lose its validity if the license is taken away and the contract has not yet expired. The policy makes him more protected, no matter what role he plays in an accident:

If an unlicensed motorist is at fault in an accident, his insurance company compensates for the damage to the victim. But then she has the right to file a recourse claim, that is, to insist on the return of this money by her client who got behind the wheel without a driver's license.
If he is innocent in the accident and has a policy, the insurance company of the second party is obliged to pay. And its representatives should not be concerned about the victim’s lack of a driver’s license; he still does not lose this status.
If he is innocent and the damage was caused only to cars, the driver without a driver's license can submit an application to his insurer for direct compensation for losses. But the second participant must also have MTPL.

You can also insure a car without a license, or after they were taken away by a court decision. But people named by the owner who have a driver’s license will be included in the policy. They will be able to drive until the owner of the car (aka the policyholder in this case) returns the driver's license.

The victim in the accident does not have MTPL insurance

If the victim in an accident does not have compulsory motor liability insurance, but the perpetrator has one, then compensation payments will be made in the full amount, according to the examination. But, in this case, an administrative decision will be made - a fine for driving a vehicle without compulsory motor insurance. The fine amount is 800 rubles.

If the person at fault in an accident is found to have a fake insurance policy, such an act is equivalent to a lack of insurance.

But the punishment for the culprit with a fake policy is much more serious:

such an act is punishable by confiscation of the driver's license,
the culprit bears criminal liability and administrative punishment,
Serious fines are paid.

If the insurance, for some reason, was nevertheless paid after the discovery of a false insurance policy, the insurance company will subsequently demand the indicated amount of compensation from the person responsible for the accident.

To prevent such developments, you should:

Submit an application to check the compliance of the insurance policy with the RSA (Russian Union of Motorists).
File a pre-trial claim for the person responsible for the accident for the amount of monetary payment according to an independent expert assessment.
Upon receipt of a refusal to claim, draw up a statement of claim to the court, demanding compensation for losses incurred, including monetary costs for conducting examinations and preparing documents, and the work of lawyers.
Submit an application to the police department, enclosing a response to the request from the RSA, regarding the culprit for participation in the fraud.

Guilt of a man without rights

Those who are found guilty of an accident while being deprived of their rights need to prepare for even more serious troubles. Traffic police officers are more often inclined to believe that it was a motorist without a driver’s license who provoked a collision or hit-and-run. In addition to Article 12.7 of the Code of Administrative Offences, which will be applied, the violator will face large financial costs. This is in addition to paying for the evacuation of the car to a special parking lot, which also cannot be avoided.

According to the MTPL Law, the driver’s insurance company pays for material damage caused by the driver. But in this case, this rule works differently than with a law-abiding motorist. The insurance company will pay off the debt of the culprit to the victim. But then she has the right to demand the return of this money from her client who got behind the wheel without a driver’s license. It is given by paragraph B of Article 14 of the Law on Compulsory Motor Liability Insurance:

The insurer who provided the insurance compensation transfers the right of claim of the victim to the person who caused the harm in the amount of the insurance compensation provided to the victim, if: ... the specified person did not have the right to drive the vehicle during the use of which he suffered harm...

If the violator refuses to do this himself, the company will sue and win the case.

It’s even worse when there are injuries or deaths in an accident. An injured driver without a license will pay compensation for lost health from his own funds. The insurer will most likely refuse to do this. If people are killed, the perpetrator faces criminal liability. The penalty will depend on the circumstances of the case. But the fact that the driver was driving without a driver's license is considered by judges as an aggravating factor.

The victim of the accident has a CASCO insurance policy

The CASCO insurance company provides voluntary insurance to its clients against damage caused to the vehicle. The insurance does not include liability for transported cargo and the health of citizens. Liability for the health of citizens is insured by MTPL.

Let's consider a situation where the victim has CASCO insurance. Who will make compensation payments? What will happen to the citizens injured in the accident. The victim of an accident receives all payments according to the list of clauses in the insurance policy. But, in the event of injury to people, compensation payments are made only under the MTPL insurance policy.

To receive compensation for the restoration of health, you should negotiate peacefully, or go to court, to recover it from the person responsible for the accident who does not have compulsory motor liability insurance.

There are options when you may not receive payments for car restoration:

the car is damaged or destroyed with the intention of obtaining insurance compensation.
The car was driven by a drunk driver.
the car was driven by a person who does not have a driver's license.
the car was used abroad where the policy is not valid (in another country, etc.)
operational capabilities have been exceeded.

IMPORTANT !!! To avoid such situations, do not give the car’s steering wheel to unauthorized persons or persons without a driver’s license, and do not overload the car.

In order to correctly and quickly resolve the situation created during a traffic accident, the driver - the culprit and the victim - should firmly remember

Is it possible to mitigate liability?

At the moment there is no clear answer to this question, since there is little practice.

In some cases, when the motorist who caused the accident manages to prove that he tried his best to avoid a traffic accident, and the driver without a license provoked it, the guilt is significantly mitigated.

There have been cases when a driver recognized another motorist as an acquaintance who did not have a license. In this case, the instigator of the accident tries to block the path of the unlucky motorist, but he does not have time to brake.

As a result of the investigation with the traffic police officers, it was found out that the culprit was simply trying to stop the offender without a license so that he could not injure anyone.

In this case, you cannot squirm and invent non-existent circumstances of what happened. Traffic police officers can find video recordings of the accident from traffic cameras or witness dashcams, where you can see the real circumstances of the incident.

How to behave correctly during an accident

Every driver should remember the sequence of actions taken after an accident.

Turn on the hazard warning lights, mark the location of the accident, within 15 meters of the affected vehicles.
If people were injured during an accident, you should call an ambulance, call an ambulance if necessary, or perform first aid yourself.
Call the police and traffic police.
Interview those gathered to identify witnesses to the events that happened, ask them not to leave the scene of the accident until the traffic police inspectors arrive.
Exchange contacts with the culprit of the incident and try to resolve the dispute peacefully.
Wait for the inspection staff to complete all the documents as required in such cases. A traffic accident will be recorded. Please pay attention to the correctness of the information entered in the protocol and the presence or absence of an insurance policy.

If the damage caused exceeds 50,000 rubles, the statement of claim is sent to local district courts.

The following are attached to the statement of claim:

original receipt for payment of state duty,
copy of the statement of claim,
power of attorney for a lawyer who will defend the rights of the victim in court.
A copy of the pre-trial claim, and all documents from the list of pre-trial claims.

If the issue cannot be resolved amicably, by agreement of the two parties or by pre-trial claim, a statement of claim should be prepared in court. If damage is caused in an amount not exceeding 50,000 rubles, the investigation is conducted by a magistrate.

Consideration of the case

The case must be considered within 15 days from the moment the official competent to consider it receives the protocol and other materials. The violator must be duly notified of the time and place of consideration. The notice may be sent by registered letter with notification, telegram, fax, or other method that allows you to record the fact of transfer of information. Cases of driving a vehicle by a person who does not have the right to do so are under the jurisdiction of the police. The review will be carried out by the head of the traffic police department or his deputy.

Proceedings in administrative cases are carried out in accordance with the procedure specified by the Code of Administrative Offenses of the Russian Federation. In general, the procedure is similar to lawsuit proceedings and complies with generally accepted procedural norms. When a case is considered, the following happens:

the person conducting the proceedings is announced, the essence of the case is announced;
the attendance of participants is checked and the reasons for non-appearance are clarified;
the rights and obligations of the participant are explained;
motions and challenges are allowed;
other procedural actions are performed.

get acquainted with the case materials, make copies;
give your explanations, present evidence;
file petitions and challenges;
use legal assistance.

A decision in a case of an administrative offense can be appealed in court.

It is important to remember that the decision must be made within 2 months from the moment the violation was discovered. If for some reason a decision is not made during this time, the case is terminated due to the expiration of the deadline for bringing to administrative responsibility. This trick is actively used by “experienced” violators who delay the consideration of the case in various ways.

The fault of another participant in the movement

Lack of a driver's license does not automatically make a motorist at fault for an accident. And during the trial it may become clear what the second participant arranged. In this case, he will be responsible for violating the rules that led to the accident. And his insurance company will incur financial costs due to the damage caused to other people. That is, a driver without a license will receive money to repair his car, despite breaking the law.

But this does not mean that a motorist without a driving license will come out of a traffic accident without losses. He will have to answer for driving a car in violation of the law. According to Article 12.7 of the Code of Administrative Offences, he will pay 30,000 rubles. or go to jail for 15 days. The offender may also be sentenced to perform compulsory labor for 100 to 200 hours.

My wife got into an accident with an expired license. I have insurance.

1.1. If your wife is found guilty of an accident, the insurance company will pay compensation to the victim, and then collect this amount from your wife. If your wife is found not guilty of the accident, she will simply receive insurance compensation. Without consequences.

1.2. It is necessary to distinguish between two points: 1) expired rights are an administrative offense, for committing it your spouse will be held administratively liable; 2) establishment of guilt in the accident, on which the decision on compensation for damages under compulsory motor liability insurance will depend.

2.1. Arina, it is fundamentally important what is written in the explanations. From what you described, it is most likely that your husband will be deprived of his license for drunk driving. If he says that you were driving, and you confirm this, then they will deprive you of your license - for leaving the scene of an accident + a fine.. The choice is small, but it is there..

Liability for an accident without a driver's license

The size of the fine for driving a vehicle without a driver's license directly depends on several circumstances.

Driving your car

If a motorist causes a traffic accident while driving his car but does not have a driver’s license, he is subject to the following types of liability:

If the offender has never had a driver's license, the fine is 5-15 thousand rubles.
If a motorist has been deprived of a driver’s license, which allows him to drive a vehicle, the fine is 30 thousand rubles.
If the driver has previously been deprived of his license, then in addition to a fine, he may be subject to other penalties: arrest for a period of no more than 15 days, compulsory work for 100-200 hours.
In addition, the offender must independently pay for all damage that was caused to other participants in the traffic accident, since under the MTPL policy no compensation is paid if the driver does not have a license.
A car driven by a driver who does not have a license is detained and sent to a parking lot, which entails additional costs for the vehicle owner.

Accident in someone else's car without a license

A traffic accident in which the culprit was a person without a driver’s license is the most common situation. As a rule, teenagers who take their parents’ car without permission or adults who decide to ride in someone else’s vehicle find themselves in such trouble.

For such a violation of legal requirements, not only the motorist, but also the owner of the vehicle will be held accountable:

How to properly file an accident if you have no insurance

If a driver is accidentally involved in a traffic accident, he needs to do the following.

While waiting for the police to arrive, find an eyewitness to the incident and take their addresses and phone numbers. It is also necessary to undertake the preparation of the necessary documents with the appropriate drawing up of a diagram of the accident that occurred. As soon as the police arrive, they will check the accuracy of the images of all objects in the scheme and, if possible, will be able to confirm it. These steps will help you save a lot of time.
If you have an expired insurance policy, you need to inform the specialists of your insurance organization about the accident and the status of the existing policy. If you fail to notify the insurer of an accident in a timely manner, you have about a week to submit the appropriate application. If you received various types of injuries in this accident with injuries that resulted in your hospitalization, the application filing period is extended for another two months.
It is prohibited to change the position of all vehicles after an accident until permission from the traffic police is given. You should also install an emergency sign at an appropriate distance and call the police.

These recommendations will help you behave correctly in the event of an accident and not break the law.

When I get into an accident without insurance, am I at fault, what are the consequences? Of course, in this series of questions there is a clear connection with the insurance organization with which the culprit of the accident has been in contact recently. If the driver has never insured his vehicle at all, he will face a serious penalty. In this situation, it is advisable to reduce your guilt in the eyes of justice by any means.

For this purpose, you should find any evidence of your innocence. Any photo or video from the scene of an accident, where your innocence is clearly visible, will be an excellent argument in your favor. Therefore, before the police arrive, try to film the relevant arguments in your defense.

Tip #1! If you find yourself at fault for a road accident, try to cooperate with law enforcement agencies in your actions, helping to establish the true details of everything that happened. Such actions will play in your favor when determining your punishment.

It is worth noting the fact that if an accident occurs on the road, the following consequences are possible:

without any casualties;
with the victims.

Let's look at both cases in more detail. If no people were injured in the accident.

If there are no injured persons in the accident, further preparation of the necessary papers can occur on the basis of mutual agreement of both parties. This happens:

mutual drawing up of schemes; signing of documents; agreement on further actions.

If there are injured citizens in the accident. Those injured as a result of a road accident may include:

passengers;
drivers;
pedestrians.

A notice of the accident must be drawn up, indicating the category of affected citizens. Be sure to inform the insurance organization, which is responsible in this case for providing the required insurance payments. At the same time, the insurance organization receives information about possible eyewitnesses of the incident and their contact information.

Very often, many drivers try to resolve an accident without calling the police. Wherein:

If the guilty party does not have an insurance policy, notification of the accident is sent to the insurer cooperating with the second participant in the accident. If his innocence is proven, the insurance company of the second party to the accident will have to pay for the damage caused;
the completed application form regarding the need to provide the required insurance goes to the insurance organization.

Along with the completed application form for the insurer to provide insurance compensation, the following should be attached:

a relevant certificate that an accident occurred, as well as a copy of the diagram with the accident report;
a completed incident notification form;
the original resolution to open criminal or administrative proceedings in the incident, or a refusal to do so.

Deprivation of rights after an accident with victims under Article 12.24 of the Code of Administrative Offenses of the Russian Federation

Despite the obvious illegality of driving a car without a license, lawyers clearly advise: if you decide to “cheat” with handing over your license and keep the crust for yourself. Having misled the traffic police about their loss, do not under any circumstances show your rights to the traffic police inspector in the event of an accident. Don’t expect it to “get over you.”

Even if you are not penetrated through the database, the deception will still be revealed in the following cases:

Registration of insurance for road accident participants;
When the police draw up a protocol on violation of traffic rules of the Russian Federation in relation to a driver who has been deprived of his license.

And then the consequences will be worse precisely in the resetting of the period of deprivation of the right to drive.

Currently, in case of an accident with serious bodily injury or death, the court can, on this basis, give the most severe punishment within the limits of Art. 264 CC. Federal Law No. 65-FZ dated April 23, 2019 equalized the penalties for drunken and runaway drivers.

After the expiration of the sentence, the driver will be able to get them back. You will need to present some documents and pass an exam on the rules of the road. Documents for the return of rights will need to be collected according to the following list:

A copy of the court order.
Passport of the disqualified motorist to confirm his identity.
Confirmation that the motorist has surrendered his license.
Application for return of driver's license.

According to RF PP No. 1210 dated October 10, 2018, the document will be returned on the day of application.

You may also need to prepare a certificate of completion of a medical examination. It is not mandatory, but it is better to make sure it is available in advance.

It is important to know that bringing to administrative or criminal liability occurs only if there is a crime (or offense). And only in this case can the appropriate penalty in the form of deprivation of rights be chosen.

In what cases are you deprived of your license in an accident? In fact, according to the law, there are only two reasons directly related to the fact of an accident:

Leaving the scene of an accident. That is, unauthorized leaving the scene of an accident before the completion of all necessary procedures by traffic police officers.
Use of alcohol and illegal substances after an accident. This point often raises questions from drivers. Its essence is that after the fact of the accident, none of the participants should drink alcohol, drugs, etc. until the examination is completed.

All other points of the law are offenses that, if detected, would entail deprivation of rights even without an accident. These include:

over speed;
drunk driving;
driving without a license;
intersection of double solid, etc.

The decision to revoke a driver's license can only be made by a court during a trial. Traffic police officers can only threaten or predict deprivation of rights, but cannot make such a decision.

Deprivation of a license is one of the most serious penalties applicable to a driver for violations. Therefore, if there is a likelihood of such a decision being made, then, as a rule, there are real grounds. But drivers often disagree with the claims presented and are ready to defend their rights and interests.

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By law, each person can independently plead his or her own case in court. You will need to draw up competent objections to the accusers' statements and collect all the necessary evidence. A legal position will be convincing only if you can appeal to the relevant articles of the law and support your statements about the view of the situation with existing regulations.

If the decision to revoke your driver’s license has already been made, then you shouldn’t despair either. It can be appealed by also collecting the necessary evidence and grounds for this. With the competent work of a lawyer or lawyer, it is possible to replace the preventive measure or even completely drop the charges.

Legally, there are no sanctions in the legislation specifically for road accidents with victims. The wording used in both the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation sounds like “violation of traffic rules resulting in...”. That is, liability does not arise for the accident itself, but for violation of the rules, which resulted in harm to the health of third parties.

Liability for road accidents with victims in administrative legislation is provided for in Art. 12.24 of the Code of Administrative Offenses of the Russian Federation and provides for punishment both in the form of a fine and in the form of deprivation of rights.

Road accidents with victims and liability measures under the Code of Administrative Offenses of the Russian Federation

Norm of the Code of Administrative Offenses of the Russian Federation	Punishment
Part 1 Art. 12.24 (causing minor harm to health)	Fine from 2500 to 5000 rubles Deprivation of the right to drive a vehicle from 1 to 1.5 years
Part 2 Art. 12.24 (causing harm to health of moderate severity)	Fine from 10 to 25 thousand rubles Deprivation of the right to drive a vehicle from 1.5 to 2 years

IMPORTANT!

Only one punishment can be imposed, that is, either a fine or deprivation of rights. The imposition of two punishments is unacceptable.
The severity of the harm caused in an accident is determined on the basis of a forensic medical examination.
Cases under Art. 12.24 of the Code of Administrative Offenses of the Russian Federation are subject to consideration by judges of district courts, since it is formalized using the administrative investigation procedure.
The traffic police can only collect materials and draw up a report, but not impose punishment.
If minor harm to health is not caused, liability under Art. 12.24 does not arrive.

As mentioned above, when considering the administrative material, the judge has a choice - to impose a fine on the driver or to deprive him of the right to drive a car for a permissible period.

Deprivation of rights for an accident with victims who suffered minor or moderate harm to health is assigned in cases where:

The person at fault for the accident does not work and objectively cannot pay the fine, which is confirmed in court;
The circumstances of the offense indicate a clear disregard for traffic rules;
Over the past year, the culprit has been prosecuted for violating the Code of Administrative Offenses of the Russian Federation in the field of road traffic;
The culprit does not admit guilt, does not repent of his crime;
The victims insist on depriving the driver of his license due to his refusal to compensate for the damage.

In order to avoid deprivation of rights after an accident with victims, the driver is recommended to:

Confirm the ability to pay the fine by applying for its imposition;
If guilt is understood, admit guilt and compensate the victims for the damage caused;
Express your remorse for what happened. However, what is said should not be at odds with the actions: if the driver swears in court and threatens the victims, then there can be no talk of any repentance!

A competent lawyer can provide qualified assistance in defense in administrative cases of deprivation of rights after an accident with victims. You can consult a car accident lawyer for free at any time.

The Criminal Code of the Russian Federation also establishes fairly strict sanctions for violating traffic rules if people were injured as a result. At the same time, the Criminal Code distinguishes between accidents in which:

People were hurt;
People died;
The culprit is a drunk driver.

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For more information about all penalties for traffic violations with grave consequences, read the article “Responsibility for an accident under Art. 264 of the Criminal Code of the Russian Federation.”

Much in cases of deprivation of rights for an accident with victims depends on the objective circumstances of the case, the reasons and prerequisites for the commission of the offense. Since the law, excluding the Criminal Code of the Russian Federation, gives the court an alternative in choosing the type of punishment, whether or not one will be deprived of rights for an accident depends only on the course of the court hearing.

This, by the way, is one of the main reasons for hiring an experienced lawyer - with his help there is a chance to avoid deprivation of a driver’s license.

According to the first part of Art. 12.24 of the Code of Administrative Offenses of the Russian Federation, which punishes for causing minor harm to health as a result of traffic violations, courts deprive drivers of their rights very, very rarely. Deprivation of rights for road accidents with mild injuries threatens only persistent traffic rule violators.

Accident without a license and in someone else's car

If the owner of the car allowed a person to drive without a license, and he got into an accident, the situation is difficult for both. The nuances depend on the circumstances of the case:

The driver without a license is at fault . If the car is insured, the victim will receive compensation for his damaged car. It will be paid by the company that issued the policy for the vehicle driven by the culprit. But then she will demand this money from the owner of the car. And he can sue his friend without a license, who was driving at the time of the accident. The owner of the car will be punished under Part 3 of Article 12.7 of the Administrative Code:

Transferring control of a vehicle to a person who obviously does not have the right to drive a vehicle (except for training driving) or is deprived of such a right shall entail the imposition of an administrative fine in the amount of thirty thousand rubles.

He will also have to fork out for a tow truck if it is not possible to pick up the vehicle from the scene of the accident. And a driver without a license will answer as prescribed in Section 2 of the same article. And he will also pay for the restoration of the vehicle of his friend, who let him drive it.

The one who drove the car without a license was found not guilty . The owner will receive insurance compensation regardless of whether the driver is included in the policy or not. But both will have to pay fines. The owner - for allowing a person to drive a car without a license.

I put a person behind the wheel without a license: what will happen?

If a car owner puts a person without a driver’s license behind the wheel, he can be punished under Part 3 of Article 12.7 of the Administrative Code:

Transferring control of a vehicle to a person who obviously does not have the right to drive a vehicle (except for training driving) or is deprived of such a right shall entail the imposition of an administrative fine in the amount of thirty thousand rubles.

You can avoid sanctions if you prove that you had no information about the driver’s lack of a license. Then the phrase “knowingly not having the right to drive” cannot be applied, which means there is nothing to punish the owner of the car for. The driver who got behind the wheel without a driver's license will have to answer for everything; he definitely knew about the absence of a document.