Features of compulsory motor liability insurance in case of an accident: will the culprit receive payment in 2021

It is simply impossible to predict an accident in advance, but they are happening more and more often. The damaged car requires high-quality repairs, and the driver needs compensation for injuries caused to health. All this should be fully covered by the MTPL policy, because most of the driver’s financial problems in a collision with another vehicle should be solved by a mandatory motor vehicle policy; it was created precisely for these purposes. But often it is very difficult to receive full fair compensation from the insurance company, and sometimes it is simply impossible if, for example, the culprit has a false compulsory motor liability insurance policy or simply does not have one. What to do in these and similar circumstances; is it possible to obtain compensation for damage caused from the culprit of an accident in 2021 in such situations?

Normative base

The legal settlement for compensation for damage caused by road accidents in 2021 is contained in the Civil Code (Articles 15, 1064, 1083 and 1094), Law No. 40 “On Compulsory Motor Liability Insurance” (Article 4, defining civil and administrative liability to other road users) and in CASCO insurance rules.

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The degree of guilt and measures of compensation for injured persons are based on the norms of the Administrative and Legal Framework of the Code of Administrative Offenses; Article 12 describes in detail all the consequences for the driver who violated the Traffic Rules; here you can also learn about the set of rules for various types of violations, the extent of punishment and the amount of compensation for them.

As for the particularly serious consequences from the actions of an incompetent driver when performing maneuvers on highways, resulting in serious injury or death to road users, in 2021 they are being considered by the Criminal Legislation of Russia.

Explanations

Any traffic accident inevitably leads to monetary losses, sometimes harm to health, life or personal property. Based on the legal provisions of the Civil Code of the Russian Federation, a person who has suffered material losses in 2021 has the right to claim full compensation for damage from the culprit of the accident.

The provisions of the law on compulsory motor liability insurance oblige vehicle owners to prevent possible civil liability in advance and enter into a compulsory insurance agreement. This serves as a guarantee of compensation payments for damage caused from the culprit of the accident, and the victim has the right to receive compensation:

• For damaged personal property.
• Received injury that affected the ability to work or a normal lifestyle.
• For lost wages due to disability as a result of an accident.
• Compensation for funeral costs or loss of the sole breadwinner.

In 2021, the MTPL policy is intended for compensation payments to the victim of an accident, and not to the person responsible for the accident. The culprit can apply a CASCO policy to compensate for his losses.

If the violator does not have a compulsory motor liability insurance policy

If the driver at fault for the accident did not present a valid motor vehicle license agreement or provided false information about the availability of such a document, payment of insurance compensation is not provided.

In this case, the damage to the victim is compensated from the funds of the offender . The perpetrator may pay compensation voluntarily. Otherwise, the victim must file a claim in court.

The person at fault in the accident has the right to file a counterclaim if the following circumstances are noted:

• guilt was established incorrectly, in the presence of exculpatory evidence;
• the victim resorted to deception;
• there are unlawful actions of the victim, as a result of which the car of the person responsible for the accident was damaged;
• the victim caused bodily harm to the culprit or persons in his car.

The result of the consideration of the case by the judicial authority depends on the completeness of the documentary evidence presented by the parties.

Is it possible to recover damages without contacting the insurance company?

It is important for any victim of an accident to receive compensation for damages from the inept actions of the guilty party as soon as possible; for this, in 2021, the law provides for several standard methods:

• Try to negotiate in-kind compensation in cash with the person responsible for the accident, and if agreement is reached, then formalize the legal relationship in writing. This involves signing receipts confirming the transfer/receipt of funds and the absence of claims on the part of the injured party.
• Send a registered letter with justified claims to the permanent registration address of the person responsible for the accident. Define in it the deadlines for fulfilling your obligations to compensate for damage from an accident, and after their expiration, if there is no response, send claims to the court.
• A radical way is to apply to a judicial authority to protect your interests.

Insurance payments under compulsory motor liability insurance

Taking out a compulsory car insurance policy allows you to receive compensation for damage caused by the driver to other road users and their vehicles. To receive payment, you must contact the insurance company with a set of documents listed in the contract.

After this, the auto insurer must transfer the required amount to the injured party within 20 business days. If there is no payment, the policyholder is given another 5 days to apply again. If the insurance company refuses to pay again, you need to contact the regulatory authorities (Prosecutor's Office, RSA), the regulator (Central Bank of Russia) or the court.

It is important to consider that current legislation allows not only compensation in the form of monetary payment, but also repair of the damaged car. In this case, special rules apply for compensation for damage caused to a vehicle, which are not related to the topic of this article.

Methods for collecting damages

Standard order

Law No. 40 on compulsory motor liability insurance (Articles 11, 12) provides for the following procedure for obtaining compensation for damage from the culprit of an accident in 2021:

• Documentary recording of an accident with the involvement of a traffic police officer or independent registration using the European protocol (GD of the Russian Federation dated October 23, 1993 No. 1090).
• Mandatory notification to your insurance company about what happened, explaining all the circumstances of the accident. All further actions are carried out according to the recommendations received from the employee.
• Collection of a set of documentation. The full list of securities is contained in clause 3.10 of the Rules for Compulsory Motor Liability Insurance, approved by the Central Bank of the Russian Federation on September 19. 2014 For No. 431-P.
• Registration of damage compensation through your insurer at the company’s office.
• Receiving directions for repair work.

Such actions are possible if the perpetrator also has a valid contract for compulsory civil liability insurance, and the policy must not be false. The insurance company, if compulsory motor liability insurance is issued, will only be able to pay up to 500 thousand rubles. for costs associated with restoring health, and 400 tr. for compensation for loss of property. Damage in excess of this amount in 2021 is paid by the culprit of the accident.

For the pre-trial (second) option of collecting damages from the culprit of an accident in 2021, you will be required to take a number of mandatory actions:

• Receive the accident report. It must contain information about all persons involved in the accident, registration addresses, car brands, dates and location of the accident.
• Contact your insurance company and ask for a certificate about the amount of possible compensation or an official refusal to pay.
• Set a day for the independent examination and notify the guilty party about it 3 days before the date of inspection by the expert.
• Write a detailed claim, specifying the payment period and method of payment, the final amount.

Attach photocopies:

• A certificate from the traffic police about the incident.
• A report from the insurance company about the occurrence of an insured event.
• Protocol of a traffic police officer on the fact of identifying an offense under the Code of Administrative Offenses.
• Mail notifications with the text of notifying the guilty party.
• Payment receipts for carrying out expert work, paying for parking and other expenses related to the accident.
• Expert opinion on the condition of the car and the cost of restoration work.

If the actions did not produce a positive result, then in 2021 you should contact the judicial authority at the place of residence of the guilty person.

You must wait 7 days for a response to your claim; only after this period can you file claims.

Some legal points:

• Requests for recovery of damages from the person responsible for the accident must be drawn up legally competently; if you do not have at least initial legal knowledge, then you simply cannot do without the help of an auto lawyer.
• The limitation period for filing legal claims expires after three years from the date of the accident (Civil Code of the Russian Federation, Art. 196)
• When filing a claim, a state fee must be paid based on the amount of compensation.
• If the damage is estimated to be no more than 50 thousand rubles, then the application is submitted to the magistrate; to compensate for a larger amount, they apply to the district court.

Amounts of insurance payments

The current version of the basic document in the field of compulsory motor insurance - No. 40-FZ (dated April 25, 2002) establishes the following maximum amount of compensation for compulsory motor liability insurance:

• 400 thousand rubles. – when causing damage to the victim’s property;
• 500 thousand rubles. – when causing harm to his life or health.

It is possible to claim a larger amount under compulsory car insurance if such a clause is contained in the text of the contract concluded with the insurance company. Otherwise you will have to go to court.

For greater clarity, it makes sense to consider several practical situations, each of which has different rules for determining the amount of compensation. The most common ones are the following.

In case of an accident according to the European protocol

If an emergency is registered using the Europrotocol, the maximum amount of insurance payment is 100 thousand rubles. Moreover, we are talking exclusively about the damage caused to the vehicle. If people were injured, such a scheme for resolving a conflict situation that arose as a result of a traffic accident is not allowed.

At the legislative level, it is allowed to increase compensation to the maximum amount under No. 40-FZ of 400 thousand rubles. In practice, such a situation is impossible, since it requires the simultaneous fulfillment of three conditions. Two of them are quite achievable: road accidents in Moscow, St. Petersburg, the Moscow region and the Leningrad region, as well as recording the incident with a GLONASS-enabled device. But the third is unrealizable, since it involves processing data with a special program, which has not yet been developed or, at least, not put into operation.

In case of car damage

The amount of compensation in this case is determined on the basis of an expert opinion. If the policyholder does not agree with the appraiser's conclusions, he initiates an independent examination. The data obtained from its results become the basis for going to court.

The car cannot be restored

In practice, a situation often arises when the maximum payment amount, equal to 400 thousand rubles, does not cover the damage, since the vehicle simply cannot be repaired. In this case, compensation for the actual cost of the car is allowed, even if it exceeds the established limit.

Funds in excess of 400 thousand rubles paid to the injured party are recovered from the culprit of the traffic accident.

Damage to life or health has been caused

The current rules for determining compensation for harm caused to the health and life of a person injured as a result of an accident link the amount of payment to the severity of the damage. The table of payments under compulsory motor liability insurance for personal injury is given below.

If the accident results in death, the maximum possible compensation is paid in the amount of half a million rubles. Funds are distributed as follows:

• 475 thousand rubles. are transferred to the beneficiaries of the deceased;
• The remaining 25 thousand rubles. sent as reimbursement for funeral expenses of the deceased.

Necessary evidence to recover damages from the culprit of an accident in 2021

In connection with the new regulations for the preparation of documentation in case of an accident (based on Order of the Ministry of Internal Affairs dated August 23, 2017 No. 664), the employee is not required to issue a certificate of the incident; all information is contained in a protocol that displays all important information about the accident: date and time, place, list participants, a list of violations and their connection to administrative legislation.

In addition to the protocol, the participants in the accident agree on:

• Traffic pattern during an accident: the location of each participant in the accident is indicated.
• Photo or video recording of the accident site is carried out.
• Witness testimony is taken that may explain the event.
• All material evidence is attached to the protocol and entered into the inventory.
• A traffic police officer has the right to describe in a report his vision of all the circumstances that resulted in the traffic incident.

In 2021, the protocol must contain a footnote with all the listed violations for which the perpetrator is brought to administrative and civil liability. But, if there are no grounds, then the case is not initiated, which is also indicated in the protocol.

In 2021, instead of the usual traffic police certificate, participants in road accidents will be issued the following documents:

• Procedural refusal or decision to initiate administrative proceedings regarding an accident.
• The original report drawn up at the scene of the accident.
• Management decision on the fact of committing an offense in accordance with administrative regulations.

Explanations of witnesses to an accident must contain detailed descriptions of the following events:

• The approximate speed of the car at the time of the collision.
• The approximate distance to the car moving in front when the victim discovered the danger.
• At what specific moment did the driver take protective measures: when the braking or steering began, what was the route after these measures before the collision.
• Presence of passengers, heavy cargo, etc.
• Opinion of witnesses about the correspondence of the accident site with the traffic pattern.
• Which vehicle components were damaged, their degree of damage.

In addition to this list of evidence, when applying to court to recover damages from the culprit of an accident in 2021, you should file a petition to request an administrative case initiated upon the accident.

But the main evidence for a claim for damages is an expert opinion, with an assessment of the breakdown of components and the cost of restoration work.

What to do if an accident occurs

This is a serious incident in which not only the car can be damaged, but also other property, for example, trees, power poles, fences, traffic lights, etc.

Any car enthusiast, going through the possible outcome of events in an accident in his head, thinks that he will be able to act harmoniously and correctly in any case. But the most important thing is not to get confused. In practice, everything turns out differently. The emotional and psychological state of a car collision, especially when there are victims, quickly gets out of control.

But a sober assessment of the situation and the absence of panic is the key to competent human behavior, even in an unusual situation. Therefore, you need to clearly know how to act if an accident occurs.

Proceed as follows:

1. Stop the car and turn off the engine.
2. If there are victims, give them first aid, and if necessary, call an ambulance, or send the wounded in passing cars to the hospital.
3. Put up a warning triangle.
4. Report the incident to the traffic police and, if desired, to the emergency commissioner service.
5. If the accident is minor and the damage from it is minimal, you don’t have to call the police and handle everything yourself.

If a serious accident occurs (whether with or without injuries) and you call law enforcement, be sure to tell all the details of the accident so that the officer can understand who is right and who is wrong. Important: do not forget to get a police accident certificate from the police.

If the accident is small: no more than two cars were involved, there are no victims, the culprit and the victim have been found, you can disperse amicably by filing the accident according to the European protocol. To do this, you should fill out a notification of an accident in the presence of both participants in the incident and exchange contacts, in case you have to meet again and discuss any nuances.

In the event of a traffic accident, both participants in the accident must undergo a vehicle inspection by an insurance company expert.

Step-by-step instructions for reimbursement

Until the judicial authority establishes the true culprit of the accident, there can be no talk of any recovery of damages. The protocol only establishes the fact of a violation committed by a person, and only a court can admit guilt.

After court proceedings, a decision is made, which determines the degree of responsibility and measures applied in execution of the court decision to the defendant’s side in the claim. This can be either cash compensation in kind or full payment for service work to restore the car.

In 2021, the court gives 10 days to file a cassation appeal if the second participant in the process does not agree with the decision. After all the deadlines for appeal have expired, the decision comes into legal force, and only after that can the procedure for collecting damages from the culprit of the accident begin:

• If the defendant voluntarily does not hurry to pay the amount of damage due, then the plaintiff goes to court to initiate compulsory enforcement proceedings for monetary compensation.
• The bailiffs give the defendant another 10 days to voluntarily repay the debt; if this does not happen, they can confiscate part of the personal property to cover the debts to the plaintiff. But usually payments are compensatory from all types of earnings of the guilty person.
• The funds are transferred to the bank account previously specified in the application to initiate enforcement proceedings.

After the execution of the court order to recover damages from the culprit of the accident, the proceedings are terminated, and the case against the owner of the at-fault car is closed.

Grounds for compensation

As a result of an accident, harm may be caused to the life, health or property of the injured pedestrian. To confirm the amount of damage suffered, the victim will have to collect a lot of documents. In any case, he will need a certificate of an accident, which is issued by the traffic police. The list of other necessary documents depends on what kind of harm was caused to the victim - property, moral or health harm.

Damage to property

Property damage is the easiest to prove, since any property has value and can be assessed. It should be taken into account that damage caused to property can consist of either complete destruction or partial damage. The amount of compensation for damage depends on this. In case of damage to property, the victim can only demand payment for repair costs and, if necessary, additional costs for transportation, storage, and other things. If the property is destroyed, the victim has the right to compensation for its value on the day of the accident.

To confirm the fact of causing property damage and its extent, the following documents will be required:

• on the right of ownership of property;
• on the amount of harm caused (an expert’s opinion, the cost of whose services can also be reimbursed if the victim presents a receipt for payment);
• on payment for transportation and storage of damaged property;
• on the costs of repairing property, purchasing spare parts and other materials.

Damage to health

If harm is caused to human health, the victim has the right to claim the following types of compensation:

• compensation for lost earnings (income). All types of income of the victim are taken into account: payment for work under employment or civil contracts, income from business activities, etc.;
• reimbursement of treatment costs and other additional expenses. The latter include costs for special food, medications, care, sanatorium treatment, and so on. Only expenses actually incurred by the victim are compensated - if medications or a trip to a sanatorium are provided to him free of charge, their cost will not be paid to him.

The victim must provide documents confirming:

• the amount of lost earnings, in particular average monthly earnings (income), scholarships, pensions, benefits; certificates received at work or in the relevant organization;
• degree of loss of professional or general ability to work (conclusions of a medical institution and medical examination);
• expenses for treatment and additional expenses (extract from the medical history, documents on payment for medical services, medications, food).

Damage caused to life

If a pedestrian injured in an accident dies, the extent of damage is most difficult to determine. The Civil Code of the Russian Federation establishes which persons have the right to demand payment of compensation for the loss of a breadwinner. As a rule, these are persons for whom financial assistance from the deceased was a source of livelihood (for example, minor children, disabled relatives and other persons listed in Article 1088 of the Civil Code of the Russian Federation).

The list of documents that a person who has lost a breadwinner needs to collect depends on which category he belongs to. But in any case, persons entitled to receive appropriate compensation must document that they were dependent on the deceased. To do this, they can submit a certificate from an educational institution, a health certificate, a child’s birth certificate, etc. The funeral expenses of the deceased must also be reimbursed. The corresponding amounts are paid to those who incurred such expenses (this can be any person).

Moral damage caused

Moral damage is the physical and moral suffering of the victim caused by an accident. It is assumed that if harm has been caused to life or health, then such suffering is inevitable. In other words, it is enough to prove the infliction of harm to health - then the fact of causing moral harm will not have to be proven. The amount of compensation for moral damage depends on how serious the harm was caused to health and what consequences this entailed for the victim.

To receive compensation for moral damage in cases where the accident resulted in no injuries or death to the victim, you must proceed from the following:

1. Determine the culprit of the accident, recording this in the protocol of the inspection of the scene of the accident and during the investigation by the traffic police;
2. Send documents for an automotive technical examination to assess the damage to the car and the cost of its repair;
3. Seek medical help (if necessary) in order to obtain specific data that the actions of the person responsible for the accident affected the health of the victim and record these changes in the outpatient record;
4. When drawing up a protocol for examining the scene of the incident, draw the attention of traffic police officers and witnesses to your condition;
5. When carrying out medical treatment, keep all examination documents, receipts, copies of prescriptions;
6. A victim of an accident should keep in mind that the amount of compensation for moral damage is directly dependent on the amount of property damage, and responsibility for the moral damage caused can be imposed either together with property liability or independently.

You can file two different claims in court (one for compensation for property damage caused as a result of an accident; the other for compensation for moral damage caused as a result of an accident), or one claim for compensation for property and moral damage caused as a result of an accident. Of course, as in any other case, it is best for the victim and the perpetrator to try not to bring the matter to court and come to an agreement on the basis of a common interest in resolving the conflict as quickly as possible, but this, alas, does not always work out. The size of the claims can be justified by presenting witness statements, medical records, doctors’ opinions, and anamnesis.

If the culprit of the accident is not the owner

If, when registering an accident, it is revealed that the car was not driven by the owner, but the culprit has legal grounds for this, for example:

• The owner of the vehicle included it in the MTPL policy.
• Transferred the car to management under a leasing or long-term lease agreement.

In this case, all responsibility for compensation for damage falls on the culprit of the road accident.

Although there is no direct reference to this circumstance in civil legislation, judicial practice shows that courts find the person driving the vehicle at the time of the accident guilty (Part 2 of Article 1079 of the Civil Code of the Russian Federation) regardless of who actually is its owner.

What is not reimbursed under compulsory motor liability insurance?

The provisions of No. 40-FZ clearly regulate the list of grounds in the presence of which payment under compulsory motor liability insurance is not made. It includes:

• intentional harm;
• being under the influence of alcohol or drugs;
• lack of legal grounds for driving a vehicle (deprivation of rights, non-inclusion in MTPL insurance, etc.);
• failure to comply with the procedure for registering an insured event established by the rules of compulsory motor insurance;
• leaving the scene of an accident;
• providing false information when applying for an MTPL policy;
• lack of compulsory insurance, etc.

Taking into account wear and tear

The new version of the MTPL Law stipulates that the insurer will not issue cash to the victim for the restoration of the car, but will use it for repair work. Their cost is set based on the degree of wear and tear of the damaged vehicle components and cannot exceed 400 thousand rubles. Moreover, the older the car, the less the insurer will allocate funds for repairs (Article 12 of the SAGO Law).

But it is impossible to actually repair damaged parts for this money; the victim has to pay for new units from his own funds. Therefore, it is advisable to calculate the recovery of damage from the difference between the amount of money actually spent by the owner and allocated by the insurance company.

The injured owner has the right to recover the overpayment amount in court. To do this, you will need certificates from the insurer about the allocation of funds for repairs and from the service center foreman about the actual cost of completely restoring the car.

(Resolution of the Constitutional Court of the Russian Federation dated March 10, 2021 No. 6-P).

In what situations does the law allow you to refuse compensation?

Russian insurance legislation provides the opportunity for an insurance company to refuse compensation in the following situations:

1. In case of damage to property causing harm to the health and life of people by uninsured persons, dangerous cargo, as well as damage to the environment.
2. Damage was caused during sports, educational or experimental activities. When special equipment is on site, damage can be caused to employees or during loading and unloading operations, as well as when transporting them across the organization’s territory.
3. The car was driven by a person not named in the insurance (a limited number of drivers can be included in the policy).
4. Compensation may be paid for moral damages or lost profits.
5. The provided amount is included in the established limit in accordance with the motor vehicle license.

The legislation determines the situations in accordance with which the insurer will pay funds to the victims. It is possible for an organization to put forward its own recourse requirements. If the insurer does not pay the victims, the policyholder will have the right to file a lawsuit against the insurer to resolve the problem. The claim must indicate that the client paid the victim the full amount of money.

This can only be done in certain situations:

1. the insured person intentionally caused damage to the health or life of other people;
2. the driver of the car fled from the scene of the traffic accident after the incident;
3. the insured motorist drove the vehicle while drunk or under the influence of toxic or narcotic substances;
4. at the time of the accident the driver did not have the right to drive a vehicle;
5. When an insured event occurs, the motorist's policy has expired.

Recovery of damages from the culprit of an accident in excess of the limit under compulsory motor liability insurance

If the amount established by the insurance law in 2021 (no more than 400 thousand rubles) is not enough to fully replace damaged parts, then you can receive the rest of the compensation in full from the person at fault. In practice, the price of repair work can increase significantly if, for example, the owner needs to repair an expensive imported car: original parts will have to be ordered abroad at the expense of the owner of the damaged car, postal services and the work of the repair team will also have to be paid.

All claims for additional compensation of a property nature in excess of the limit insurance amounts are recovered from the culprit of the accident in 2021 only in court, if there is no amicable agreement between the parties (clause 1 of Article 935, 931 of the Civil Code of the Russian Federation).

As evidence to the claim for compensation, the applicant must attach all financial documents: the cost of the supply kit from the manufacturer, the price list for the equipment sent by the manufacturer, the cost of restoration of damaged units and additional equipment.

Since claims of a material nature are being filed, the plaintiff is obliged to pay a fee on the amount of compensation, which can also be recovered from the defendant.

Claim for compensation for road accident damage

The insurance consumer has the right to disagree with any decision (insufficient payment amount or complete refusal) and file a claim for compensation for damage to the accident.

A correctly prepared claim at this stage will help to achieve a settlement agreement on compensation for damages in case of an accident. Since the claim itself is a kind of pre-trial preparation, it must be sent exclusively to the legal address of the company. The claim itself must contain specific (non-alternative) requirements depending on the MTPL or CASCO policy, insurance rules and the law.

The application must include materials that have not previously been submitted to the organization. For example, an appraiser’s conclusion on the cost of restoration repairs.

Also, as part of the claim procedure, a real opportunity should be provided to satisfy the consumer’s requirements by attaching bank details for transferring funds. If the insurance company refuses to compensate for damages under a claim, you should prepare a statement of claim for compensation for material damage from the accident.

What determines the amount of damage?

The legal grounds for calculating compensation amounts in 2021 are contained in Federal Law No. 40, Art. 7 defines the concept of the sum insured, in Art. 12 – its size and payment procedure.

The calculation of compensation payments in the event of an accident in 2021 depends on many interrelated factors; experts take into account:

• The cost of damaged parts, taking into account depreciation + the work itself to restore the car, will be contained in clause 19 of article 12.
• The amount of payment for conducting an expert assessment of all damage to the car (Article 12.1 of the Law)
• In case of complete loss of property, compensation for the price of the car specified in the contract, also taking into account depreciation, and not the cost of a new car (Article 7)

Other material costs incurred are regulated by Civil Legislation, since the specified legal act does not regulate the property relations of the parties in any way (Articles 15, 1064, 1072 of the Civil Code of the Russian Federation). The following may be included in compensation for damage:

• Compensation for the cost of medical services and treatment courses to restore lost health and rehabilitation after an accident, purchase of medicines.
• Cost of tow truck and parking services.
• To transport victims to a medical facility.
• Compensation of wages during the period of restoration of working capacity.
• In case of death, payment for all funeral services.

But the insurance company will only be able to pay up to 500 thousand rubles. for costs associated with restoring health, and 400 tr. for compensation for loss of property.

Everything that was spent in excess of the specified amounts, including the moral suffering of the person injured in the accident, is compensated by the perpetrator in court if there is no agreement to voluntary payments.

Nuances

Unfortunately, more and more often there are situations when, when registering a traffic accident, the compulsory motor liability insurance policy of the at-fault participant turns out to be invalid, or his liability is not insured in principle. The administrative fine for such an oversight is small (800 rubles, according to Article 12.37 of the Code of Administrative Offenses of the Russian Federation), but in this case the innocent driver faces a big problem of how to compensate for the damage caused to him. Federal Law-40 “On Compulsory Motor Liability Insurance” does not regulate such a situation, i.e. here you should be guided by the Civil Code of the Russian Federation and contact the culprit directly, and then go to court.

If, in the event of an accident, harm was caused to the health of the victim, and the person causing the harm does not have a compulsory motor liability insurance policy, or fled and was not found, then in this situation the law is on the side of the victims. They can receive a compensation payment from the RSA by submitting the appropriate set of documents.

Court decisions to recover damages from the culprit of an accident without compulsory motor liability insurance

Basically, general and supervisory courts protect the rights of policyholders and make decisions on the payment of compensation. True, if all pre-trial and judicial formalities are met.

But insurance companies often make counterclaims against the culprit of the incident if he committed an offense while drunk or on drugs (regression).

Also, similar demands can be made by the RSA if it paid compensation to the injured citizen for the guilty person who did not have compulsory insurance.

Courts will automatically find a driver guilty of an accident in 2021 if it is established:

• Lack of a license to drive a car, or failure to pass an exam on knowledge of traffic and driving rules.
• The driver's license was issued for a different category of vehicle.
• A citizen who has been deprived of a driver's license is allowed to drive.

In case of deliberately fleeing the scene of an accident, the driver is also found guilty.

Courts of all instances note that if the culprit is not included in the insurance, then a counterclaim for damages must be applied to him.

But in relation to a specific person to whom a penalty can be applied (the owner or driver driving the car at the time of the collision), the courts sometimes make contradictory decisions.

Responsibility of the culprit of an accident with victims

The driver's liability and subsequent punishment for an accident with injuries depends on the severity of the injuries received by those involved in the incident. Depending on the circumstances of the accident and the nature of the injuries of the participants, the culprit is charged with a certain type of liability (civil, administrative, criminal). What threatens the person accused of an offense on the road:

• Compensation for victims. Liability is of a civil nature. The payment is made by the insurance company under the MTPL policy. You can determine which insurance company to contact in the event of an accident based on the policy of the at-fault party. It contains the name and contacts of the company that will pay compensation.
• Fine or deprivation of rights. An administrative offense is qualified in cases where participants received minor or moderate injuries. Punishment for an accident with victims is determined in accordance with Article 12.24 of the Code of Administrative Offenses of the Russian Federation.
• Criminal penalty. Punishment in accordance with the norms of the Criminal Code of the Russian Federation is imposed if there are people seriously injured or killed in an accident.

If, in the opinion of victims, the perpetrator has not been sufficiently held accountable, they have the right to go to court after initial proceedings. The court will also help you obtain compensation if the insurance payment did not cover all expenses. In litigation, it is important to choose an experienced lawyer. Lawyers specializing in road accidents and helping victims are more likely to lead a client to a successful resolution of the case.

Responsibility for an accident by severity

As mentioned above, the severity of the punishment depends on the degree of damage to health. Liability for an accident with moderate injuries can reach 2 years of imprisonment, as well as deprivation of a driver’s license. In case of serious injuries or death of victims, the punishment reaches 5-7 years.

Administrative fines for mild injuries amount to 2.5-5 thousand rubles. Depending on the circumstances of the car accident, the driver pays compensation or may be deprived of his license for up to one and a half years. The driver's liability is determined by the severity of harm to people's health:

• Easy. Minor injuries include abrasions, contusions, bruises and minor cuts. The total time of treatment and disability does not exceed 21 days. Temporary disability means a partial disorder of one of the body systems.
• Average. Moderate injuries include bone cracks, severe sprains or tears of ligaments, muscles, and fractures. The maximum health recovery time is 120 days.
• Heavy. Human life and health were in serious danger. Severe injuries include traumatic brain injuries, loss of limbs, etc. The key feature of this degree is a deterioration in the quality of life forever or for a long period. Recovery from 120 days or more.

The severity of the punishment largely depends on the quality of the legal preparation of the parties and the professionalism of the lawyers. The competence of legal assistants includes the search for mitigating circumstances to reduce sanctions against the accused.

If the victim left the scene of the accident

According to Part 1 of Art. 12.27 of the Code of Administrative Offenses, victims do not have the right to leave the scene of an incident without a good reason. Even if a passenger was injured in the accident, he must remain to draw up a report and give testimony. Hiding from the scene of an accident is allowed only if hospitalization or medical care is necessary. If the victim left the scene of the accident without permission, he may face administrative liability in the form of a fine.

If the victim left the scene of the accident, find him in the interests of other participants. It is especially important to find those involved in the accident whose insurance is paying for the damage. To search for pedestrians and passengers, they use the testimony of eyewitnesses and acquaintances, photographs from street cameras. When the injured driver leaves, it is recommended to write down the license plate number of the vehicle. This will help traffic police officers find the owner of the vehicle.

Nuances of the procedure

All claims for recovery of damages from the culprit of an accident in 2021 can be satisfied if it is established:

• All grounds are legal.
• The damage exceeds the amount stipulated by the policy.
• The cost of completely restoring a car exceeds the amount established by law.

And for the second party there are several ways to refuse to cover damages:

• Documentarily prove that the demands made against him are illegal.
• Agree to reduce the final cost of coverage.

Therefore, it is quite possible to receive full funds due from a citizen who caused moral or material harm, but this will require legal knowledge and time.

How to file a claim for compensation for damages from an accident?

Please note the following when filing your application to the court:

1. Jurisdiction. The claim can be filed at the location of the applicant or the insurance company. In addition, based on the size of the claims, it is necessary to establish the competence of the magistrate or district judge in this case.
2. Parties to the case. Demands for the collection of money are also presented to the insurance company. At the same time, if the permissible amount of compensation is exceeded, the co-defendant must indicate the culprit of the accident. Also, only the culprit may be required to claim compensation for moral suffering from the accident. In addition, regardless of the size of the damage, all parties involved in the accident and their insurance companies should be involved.
3. Descriptive part. In this part, you can rely on a ready-made claim, in which all the necessary facts have already been stated.
4. Applications to the claim. Compared to a claim, all materials related to the accident, including the claim itself, should be attached to the application to the court. For each participant in the process, a complete package of documents should be generated - exactly the same as those intended for the court.
5. Additional claims requirements. Based on the refusal to compensate for damage voluntarily, the consumer has the right to demand compensation for moral damage, a penalty for each day and a fifty percent fine. Violation of the above rights to prepare and submit an application entails refusal to consider the claim by the court.

Important: you can only go to court once. All evidence must be present in the first trial.

What to do if the culprit does not have compulsory motor insurance?

The absence of insurance from the person who caused the harm is actually not that bad.

Compensation for damage in an accident if the culprit does not have insurance is also possible. The collection procedure is essentially similar to the above-mentioned process of obtaining compensation from the insurance company.

You should also start with a claim first. If it is rejected, rights are protected in court. The difference from a dispute with the insurance company is the impossibility of filing a claim at your place of residence and the need to pre-pay the state fee.

Important: all expenses for the consideration of the case in court are recovered from the losing party.

Additional evidence in court specifically in a dispute with the culprit will be a receipt for damages in case of an accident, in which the culprit acknowledges the need for payment. It is recommended to stock up on such evidence already at the first stage (registration at the scene of an accident).

Watch the video on our YouTube channel and you will learn how to file a claim with the insurance company, what to do and where to start. Write your question in the comments - an insurance dispute lawyer will answer you for free.

How is insurance paid in case of an accident to the person at fault?

If the car owner is entirely at fault for the accident, he will not be able to receive compensation from the insurance company. Receiving an insurance payment under a compulsory car insurance policy is possible only in the absence of fault.

Compensation payments to the culprit of the accident for restoration repairs will be due only if he has purchased a voluntary Casco auto insurance policy and the contract states that compensation will be paid even if fault is established.