Road accident without compulsory motor liability insurance for the victim: fine, procedure, compensation for damage and nuances

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The MTPL policy is included in the list of documents without which you cannot drive a car. But as they say, anything can happen, including accidents involving uninsured drivers. Someone will think that there is no insurance and no one will compensate for the damage to the injured party, however, in this situation, you can receive compensation for all expenses caused by a transport accident. And it’s not that difficult, the main thing is to act correctly and consistently. Below in the article are the main points, knowledge of which may be useful for those who drive a car without a motor liability insurance policy.

Normative base

The main regulations governing road accidents without compulsory motor liability insurance for the victim:

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

Civil Code of the Russian Federation.
Code of Administrative Offenses of the Russian Federation.
Federal Law “On compulsory civil liability insurance of vehicle owners” dated April 25, 2002 N 40-FZ.
“Regulations on the rules of compulsory civil liability insurance of vehicle owners” approved by the Bank of Russia on September 19, 2014 N 431-P.

Actions in case of an accident when the victim does not have compulsory motor insurance

There are general rules of behavior for citizens involved in a traffic accident, no matter whether there is compulsory motor liability insurance or not (clauses 2.5, 2.6, part 2 of the Russian Federation Traffic Regulations). The accepted procedure requires the following actions to be taken in the event of an accident:

Stop the car and turn on the hazard lights.
Get out and put up warning signs.
Make sure no one gets hurt. If someone is injured, call an ambulance or take the victim to the nearest medical center (don’t forget to return to the scene of the accident after).
Report the incident to traffic police officers.

Before the police arrive you need to:

take photos and videos from the scene of the accident (how the cars are located, what damage was received, other traces and objects related to the incident);
talk to witnesses, write down their contact information.

In the future, this will significantly help assess the degree of guilt of each participant in an accident and simplify the claim for compensation.

For your information

If the vehicle interferes with the movement of other cars, by calling the duty station and consulting with the traffic police on duty, the car should be removed from the roadway after the necessary facts are recorded in photos and videos (in accordance with traffic rules, clause 2.6.1).

If the victim of an accident does not have compulsory motor insurance, you can leave the scene of the accident in cases where:

There are disagreements about the damage caused and an instruction was received from a police officer to proceed to the traffic police post to fill out documents (paragraph 2, clause 2.6.1, clause 2.6. part 2 of the Traffic Regulations of the Russian Federation).
The parties agree on the damage received. You are allowed not to report the incident to the traffic police, but to proceed independently to the nearest traffic police station or police station (paragraph 3, clause 2.6.1, clause 2.6. part 2 of the Traffic Regulations of the Russian Federation).

Attention
It is impossible to register a Europrotocol without compulsory motor liability insurance for a victim in an accident.

It is in the best interests of the victim to actively cooperate with the police:

State the details of the incident in detail.
Participate in the preparation of the protocol, make sure that all the necessary information is included there and that there are no errors.
Familiarize yourself with the conclusions of the traffic police officers about the culprit of the accident, the conclusion on the results of the vehicle inspection and the damage found.

At the end of the procedure, traffic police officers draw up:

road accident diagram;
a copy of the protocol, to which statements of witnesses and participants are attached;
if there are dead or injured people - a medical examination report.

Drivers are given a copy of the administrative violation protocol. To the one who created the emergency - a decision on the case.

IMPORTANT

For a victim without compulsory motor liability insurance, it is important to find out whether the person at fault for the accident has insurance. It is also necessary to obtain information on how to contact him, especially if the culprit does not have a compulsory motor liability insurance policy.

In circumstances where minor damage has been caused, opponents may be able to settle the issue of compensation themselves without calling the police.

Compensation for damage

Attention
The right to receive compensation remains with the party injured in an accident, even if there is no compulsory motor liability insurance.

Everything is quite simple if the initiator of the traffic accident purchased an auto liability policy on time. Actions in the event of an accident without compulsory motor liability insurance for the victim are dictated by Art. 12 Federal Law dated April 25, 2002 No. 40-FZ, which states that:

To compensate for damage, the victim has the right to contact the insurance company;
the application is sent to the insurer who has entered into an agreement with the person responsible for the accident.

List of documents for receiving compensation:

Certified copy of passport.
A copy of the protocol on the administrative offense, the resolution on the case, the ruling on the refusal to initiate the case.
A power of attorney, if a representative applies on behalf of the victim, or the consent of the guardianship authorities, if the victim in an accident is under 18 years of age.
Details for transferring money.

Depending on the consequences of the incident with the victim without compulsory motor liability insurance, the following may be required:

Medical documents containing information about injuries received, diagnosis, and the duration of the period during which the citizen was unable to work.
Conclusion on the level of disability (general or professional).
Confirmation of disability assignment.
A certificate stating that medical assistance was provided at the scene of the accident.
Information about the amount of income lost by the victim in connection with the accident.
In the event of the death of the victim - a death certificate, documents about family members, the presence of dependents, including disabled people, and so on.

For your information,
the Application for compensation for damage with all attachments is sent directly to the insurer or its representative who has the authority to consider such cases. The addresses of the company's offices are indicated in the annex to the MTPL policy.

Payment amount

When contacting the insurer, the victim must remember that the amount of maximum compensation is limited by legislative acts on compulsory motor liability insurance, and will depend entirely on the nature of the damage caused.

If an individual has suffered from the unlawful actions of a driver who has valid MTPL insurance, then it can pay:

to an injured individual up to 500 thousand rubles in the event of a threat to life and health;
when causing damage to property up to 400 thousand .

Pre-trial claim

It is more difficult to receive compensation under compulsory motor liability insurance if its amount exceeds the insured amount or the person at fault for the road accident also does not have insurance. It is clear that compensation for the harm caused falls on the one who caused it, but in practice, not many people agree to voluntarily pay sometimes quite substantial sums.

This issue can be resolved by independently sending a written claim to the party responsible for the accident, and in case of refusal, submitting the documents to the court.

Before starting the process of compensation for the damage received, the victim without a compulsory motor liability insurance policy will have to independently, at his own expense, assess the damage caused to the vehicle.

Attention

A necessary condition is that the defendant is notified in advance of the planned assessment inspection in writing. The notice (telegram) must contain the date, time and address of the place of examination.

To draw up a pre-trial claim, you can contact a specialist, or you can do it yourself. In case of an accident without compulsory motor liability insurance for the victim, the following requirements are imposed on the document:

A clear, concise description of the accident that occurred, which led to the resulting damage.
The language of the letter must be businesslike; insults, threats, and other manifestations of negative emotions are not allowed.
The damage caused as a result of the accident is listed (link to the expert’s opinion).
The exact amount of compensation with justification (list of what is included in it) is indicated.
It makes sense to indicate the period during which payment must be received, otherwise an application will be sent to the court.

Copies of all relevant documents must be attached:

proof of ownership or ownership of the vehicle;
report from the scene of the incident;
expert opinion on the damage received;
details for transferring money;
other reports on expenses incurred in connection with the accident (checks, receipts).

It is recommended to submit the claim in a way that leaves evidence that the document was sent and received by the addressee. For example, by mail - by registered mail with notification and a list of attachments.

Practice shows that for most citizens, a peaceful way to resolve the issue is preferable to sorting things out through the court, since the proceedings require additional costs.

pre-trial claim to the culprit of the accident.

Registration according to the European protocol

Many drivers prefer this option for registering a car accident, as it significantly saves time - they do not have to wait for the traffic police to arrive.

The amount of compensation under the Europrotocol is small; from 2021, the maximum amount is 100 thousand rubles.

Required conditions for this option for reporting an incident:

damage was caused exclusively to property (no casualties);
the number of participants in the accident is no more than two;
both drivers agree to such a solution to the issue;
all participants in the incident have valid compulsory motor vehicle liability insurance.

It is precisely because of the last point that it is impossible to issue a Europrotocol if the victim does not have a motor vehicle license. The only option to avoid calling the State Traffic Inspectorate (if, for example, you don’t want to pay a fine for driving a car without compulsory motor insurance) is to resolve the issue without drawing up documents. If the damage is small and the culprit agrees to compensate it on the spot, you can do without inspectors and contacting the insurance company.

But here you also need to take into account certain nuances:

there is a risk of incorrect assessment of the severity of damage; they may be hidden and only be discovered during repairs;
the culprit may not have the required amount (in this case it is permissible to take something as collateral, but it should not be a passport);
It is advisable to issue a receipt for any scenario (if the guilty party paid for the repairs, the document is drawn up by the victim; if the culprit asks for a deferment, he writes the receipt.

Statement of claim

If an amicable agreement cannot be reached, the victim, without compulsory motor liability insurance, has to go to court. The victim is given three years to file a claim for compensation for damage caused in a traffic accident. After the end of this period, consideration of the case will be refused (Article 208 of the Civil Code of the Russian Federation).

A claim may be brought:

The insurance company that entered into an agreement with the person responsible for the accident, in case of refusal to pay.
To the culprit of the accident to receive the difference between the actual damage and the insurance payment.
The culprit of the accident, if he does not have compulsory motor insurance.

Attention
Which court to go to depends on the amount of compensation:

up to 50 thousand rubles – global;
over 50 thousand rubles - district.

The application can be drawn up by a specialist or independently. In addition, in many regions, courts offer to fill out their own ready-made forms.

The document states:

Full name of the body to which the claim is being filed.
Details of the plaintiff and defendant (first name, patronymic, last name, address, telephone number).
Reimbursement amount.
Duty.
The name of the document (for example, an application for recovery of compensation for damage received as a result of an accident).
Brief description of the incident.
A complete list of what the claim price consists of.
The reason for going to court (for example, the culprit of the accident does not have compulsory motor insurance).
Request to recover costs incurred from the defendant.

If a driver is injured without compulsory motor liability insurance, relevant documents are attached to the application, including a copy of the pre-trial claim, if it was sent and remained unanswered or a refusal was received.

It is permissible to include in the cost of the claim any expenses, in the opinion of the defendant, arising from the accident that occurred, including moral damages and legal expenses. The final amount must be justified and supported by evidence.

claim for damages.

Nuances

If it was not possible to resolve the conflict situation peacefully and it was necessary to go to court, then the victim must take into account that the culprit of the accident can conduct his own independent examination. In this case, the final payment amounts may be completely different.

A situation may occur in which the traffic police inspector refuses to enter information about the culprit’s absence of a compulsory motor liability insurance policy. Then you need to contact your insurance company to have a representative arrive at the scene of the accident.

After going to court, the person responsible for the accident may not appear at the hearing. Then, at the request of the victim, his vehicle may be seized. This is an incentive for turnout. Or he may evade payments ordered by the court. Then, his property may be seized.

Fine for an accident without compulsory motor liability insurance for the victim

IMPORTANT
Even if a citizen is not to blame for an accident, he must purchase a motor vehicle liability policy on time and present it to a police officer upon request.

For driving a car without compulsory insurance, art. 12.37. The Code of Administrative Offenses of the Russian Federation establishes the following punishment:

when the driver is not indicated in the document or there are violations regarding the period of use of the policy - 500 rubles;
if there is no compulsory motor liability insurance – 800 rubles.

Since there is a direct ban on driving vehicles without compulsory motor liability insurance (Article 3 of the Federal Law of April 25, 2002 No. 40-FZ), the victim will have to pay a fine.

The victim has an accident without compulsory motor liability insurance and the car is not his

If the driver injured in a traffic accident was driving someone else’s car and was not included in the insurance contract or there is no compulsory motor liability insurance at all, events may develop as follows:

If you have an MTPL policy, the owner of the vehicle has the right to receive compensation for damage from the company where it was purchased. In this case, the insurer receives the right to demand reimbursement of expenses for paying for the insured event from the direct participant in the accident, that is, the driver of the damaged car (Article 14 of the Federal Law of April 25, 2002 No. 40-FZ).
The owner of the car, if he does not have compulsory motor liability insurance, seeks coverage for losses from the party responsible for the accident through the court or on a voluntary basis.
If the first two options do not work, the owner of the car can insist that the driver involved in the accident pay for his losses through a pre-trial claim or by filing a statement of claim in court.

The most likely option is that the participant in the road accident will have to pay, even if it is not his fault.

What to do if the culprit is in someone else’s car

Unfortunately, questions like these are very common: what should I do if I caused an accident in someone else’s car? To answer this question, it is worth understanding whether such a driver has insurance and whether he is registered as a driver.

If insurance is issued and the driver is included in the contract form in accordance with all the rules, then the emergency is registered in accordance with the general rules. As for compensation, it will, of course, be received by the owner, not the driver.

If there is no insurance or the driver is not registered, then you will have to cover all expenses yourself. In addition to paying for repairs, the culprit will also need to pay a fine for driving a car without a mandatory protection form.

In such a situation, it is most profitable for the culprit to resolve the conflict and offer money to pay for the damage, without calling the traffic police.

Mutual fault in an accident with a participant without compulsory motor liability insurance

When all participants are to blame for a transport accident, the issue of compensation is resolved in two ways:

voluntarily at the scene of the accident;
through legal proceedings.

The court determines how guilty each party is, and based on this, the amount of payment is assigned. Wherein:

If one of the participants has compulsory motor liability insurance, then payments to the opponent are made by the insurer in accordance with the degree of fault of the insured person (clause 22 of article 12 of the Federal Law of April 24, 2002 No. 40-FZ).
The amount of compensation from an uninsured citizen is determined by the court, also based on the scale of violations committed by him in an accident. He must pay it off personally.

Attention:
In cases where the degree of fault in an accident has not been established, the parties bear responsibility equally.

Wouldn't they reimburse less if there was no valid policy?

No. In 2021, no law gives insurers such a right.

In general, a reduction in the amount of insurance compensation is provided for by law only in one case - if the fault is mutual. But your failure to fulfill certain obligations in connection with the purchase of compulsory motor liability insurance cannot serve as a basis for reducing the amount of payment.

Arbitrage practice

Citizen K.A.N. filed a lawsuit demanding compensation for damage received in an accident and legal costs.

He indicated that there was a traffic accident involving two cars driven by I.N.V. and K.A.N., as a result of which the vehicles were damaged.

Wine I.N.V. established by a judge's ruling, who sentenced the defendant to deprivation of his driver's license for a period of 1 year.

The expert's opinion established the cost of restoration of the plaintiff's car in the amount of ..... rubles.

The insurance company that insured the civil liability of I.N.V. paid compensation for damages ..... rubles.

The plaintiff asks to recover from the defendant the amount of damages in the amount of ..... rubles, which consists of the cost of restoration repairs plus the tow truck fee minus the amount paid by the insurance company. Besides:

National tax;
examination costs;
representative services;
payment for a notarized power of attorney;
postage.

Total …. rubles

Defendant I.N.V. did not appear in court, submitted an application to consider the case without her participation.

Previously, the claim was not recognized in court, citing the following:

She learned about the inspection of the car several hours in advance and was not present at it.
Believes that the extent of the damage and the cost of repairs are exaggerated.
He believes that it was not necessary to change the body.
Claims that the plaintiff has now repaired the car for a small amount and in appearance the repair was done poorly, the body has not been changed and the requirement to reimburse the replacement is incorrect.
The plaintiff sold the car without providing it to an expert for inspection, and the indicated cost of repairs is biased.

The representative of the defendant considers the claim not subject to satisfaction due to the fact that the cost of repairing the car does not exceed its average market value. Consequently, the amount of damage is ..... rubles, which is the amount of damage according to the expert’s opinion minus the insurance compensation.

He also stated that:

The amount of indemnified losses in the event of complete loss of the victim’s property is determined in the amount of the actual value of the car on the day of the insured event.
Complete loss implies the impossibility of repair, or cases where the cost of repair is equal to or exceeds the value of the property.
The cost of the usable remains of a vehicle can only be calculated if the vehicle is completely lost as a result of an accident.
Since the cost of repairing a vehicle is more than 85% of its value at the time of damage, it is completely lost and repairs are impractical.

The defendant's representative believes that the amount of damage recovered from the defendant should be ..... rubles. This amount is the sum of the market value of the car minus the value of the usable remains minus the amount paid to the plaintiff for insurance.

The court ordered an examination at the forensic laboratory of the Ministry of Justice of the Russian Federation.

The conclusion of the examination established that the amount of damage is ..... rubles, the average market value of the car is .... rubles

The expert supported the plaintiff and explained that, given the existing damage, restoration of the car was possible.

The court came to the following conclusion:

The amount of damage caused to K.A.N. as a result of an accident, amounts to ..... rubles (the amount according to the expert’s conclusion minus the insurance payment under compulsory motor liability insurance).

This amount is subject to recovery from the defendant in favor of the plaintiff.

In addition, the following are subject to recovery: