Sad statistics: about half of car owners do not consider it necessary to draw up an insurance policy. And this is despite the fact that legislation prohibits driving without CTP.
Violation of the law seems profitable for motorists: the penalty is often less than the cost of insurance. But what should the victim do if the culprit of the accident without insurance refuses to pay? Who will indemnify?
The principle of the insurance policy
If the owner of the car with compulsory motor third-party liability insurance becomes the culprit of the accident, the policy covers the payments to the injured party. If the culprit of the accident does not have insurance, there is no one to compensate for the losses. What to do?
However, according to the law (Federal Law No. 337; part 1 of article 1064 of the Civil Code of the Russian Federation), the culprit of an accident is still obliged to take responsibility. It is necessary to pay for the repair of the victim’s car, a fine for the lack of insurance in the amount of 800 rubles, to compensate the moral damage to the victim of the accident.
In other words, OSAGO can significantly simplify the life of the culprit of an accident on the road. With the policy, you can count on the help of an insurance company, save yourself from long judicial red tape, fines and embezzlement.
Road accident action plan when the culprit is not insured
In a situation when he got into an accident through the fault of the driver without compulsory motor liability insurance, you can:
- try to resolve the issue immediately, without arranging protracted litigation;
- file a pre-trial claim if the violator agrees to recover damages of his own free will;
- file a lawsuit and make him cover the losses of the victim.
It is most logical to start with the first method and go to the last one in case there are steps taken that do not affect the culprit of the accident. We will consider each of the stages of the process that will help the victim of the accident to receive his compensation.
Of course, none of the parties is interested in doing paperwork for the next couple of weeks. The most convenient option for everyone is to include your communication abilities and agree.
The injured car owner can often figure out the amount that will cost to repair it. Ideally, if the culprit of the accident agreed to redress immediately. Moreover, it is beneficial for himself too – you do not have to pay a fine for the lack of compulsory motor third-party liability insurance, and spend time on the traffic police.
Of course, not every driver carries large amounts of cash with him in case of an accident. You can release the offender against the receipt. It must indicate the full names of the participants in the accident, their place of residence, information about the vehicles. It is necessary to provide evidence of the guilt of one of the drivers, describe the losses, indicate the amount of compensation and the term for its payment.
It is better to write a receipt by hand, preferably the hands of the culprit of the incident. Signatures on the document must be left to both parties. No lawyers will come in handy to compile it.
The second option to quickly solve the problem includes a trip to the traffic police. First you need to determine whether the driver and passengers were physically damaged.
If everything except the car is safe and sound, the algorithm of the victim’s actions is as follows:
- Capture an accident on a camcorder or camera.
- To issue a notice.
- Record the fact of the accident at the nearest traffic police point.
Pre-trial claim for the culprit of an accident without insurance
When the culprit of the accident without insurance protests against the payment of compensation, it is necessary to call the traffic police.
Check that he records all the information about the culprit of the accident:
- his name;
- Contact details;
- lack of a formalized policy.
Next, the victim needs to file a legal claim.
Documents that will be needed for this:
Examination report. An independent assessment of damage will cost you about 5000 rubles, but without it you will not achieve anything. It is necessary to conduct an examination with the participation of the culprit of an accident without insurance.
If the car cannot be repaired after an accident, a report on the disposal of the vehicle is needed. Its cost is about the same as the report on the independent examination.
Actually pretrial claim. It’s better when it is drafted by professional lawyers for payment, but it is not difficult to write it yourself.
A sample of pre-trial claim for the culprit of an accident without insurance can be downloaded by clicking on the picture.
The pre-trial claim shall indicate: the scene of the accident, the direction of the car, all the nuances of the accident. It is mandatory to use quotes from the current legislation as a reinforcement of your requirements for your opponent. At the end – the amount of payments.
The injured party has the right to include in the total amount of compensation the money spent on examinations, the services of lawyers, as well as their own time and nerves. Along with the claim, copies of all papers involved in the process and checks confirming cash expenses are submitted. Including, this is an examination report, letters to your opponent, an administrative violation order, your papers on a car.
Most violators agree to compensate the victim at this stage. After all, if it comes to court, then the violator also has to pay the costs of the lawsuit.
Lawsuit culprit accident without insurance sample writing
If the culprit of an accident without insurance refuses to pay you compensation after a pre-trial claim, you must go to court. To do this, you will need all previously prepared documents (originals) and one new one – a statement of claim. Correctly draw up a lawsuit will help a professional lawyer (of course, not for free).
You can prepare a claim yourself, relying on Art. 131 Code of Civil Procedure of the Russian Federation. It is necessary to include all the data specified earlier in the pre-trial claim, and add a description of the attempt to resolve the situation before going to court.
And to make it easier to prepare a lawsuit, I am posting a real statement of accident An offender without insurance an example of writing, you can download it by clicking on the picture.
Remember that you have the right to demand payments not only for physical losses, but also for moral damage.
The term for going to court is three years after the accident.
Most often, the court of the district in which the culprit of the accident is registered is involved in such cases. But it can be otherwise, depending on the amount of the claim. If it is within the limits of 50,000 rubles, the case will fall on the shoulders of the justice of the peace, if it is more – the district.
In addition to the already executed papers, the court must provide:
- documents on pre-trial proceedings;
- receipt of payment of state duty;
- copy of the claim for the offender.
If you use the help of a lawyer, you also need to draw up a power of attorney in his name.
Duration and nuances of the trial
On average, a court with the culprit of an accident without insurance takes about 2 months. But your opponent may not come to the meeting, and then the case runs the risk of dragging on.
In this case, it makes sense to file a petition for the arrest of the perpetrator’s car in court.
As judicial practice shows, the culprit of an accident will be obliged to pay compensation, regardless of whether he is employed.
If he does not want to pay voluntarily on the basis of a court decision, then take a writ of execution and go to the bailiffs.
Basically, such culprits immediately after calling the bailiff pay the amount of the claim, since in the event of a refusal, the car should immediately be arrested ..
Well, even if a “nimble” culprit comes across and re-formalizes his property, then a writ of execution will be sent to him to work and will keep about half of his monthly income in favor of the victim. If during the incident the damage was caused not only to the car, but also to people, the amount of payments increases to 70%.
Expired and fake CTP insurance policies
It also happens that the car owner has a policy, but it is not valid – fake or expired. For a fake CTP document, the law provides for the deprivation of a driver’s license and a rather big fine, bringing to administrative or criminal liability.
The victim in an accident will have to go through all the steps described above, from the trial on the spot to the trial. However, to start a lawsuit with the violator, an examination of a fake policy is required. To carry out this procedure, the offender himself must draw up an application to the Union of Auto Insurers and submit all the necessary papers.
Often a fake policy is one number to which several vehicles are registered (double policy). In this case, the victim will be able to receive compensation from the company. If the insurance of the culprit of the incident is overdue, then from the point of view of the law he does not have a compulsory motor liability insurance policy. All actions of the victim and the responsibility of the culprit of the accident are the same as in the case of the absence of this document.
How to deal with the unwillingness of the culprit to compensate for the damage
The trial has come to an end, the decision is in your favor. You expect the culprit of the accident to compensate for the damage according to the letter of the law, but what if he doesn’t rush to do it?
After a court decision, each of the parties to the dispute receives a decision. Usually papers are delivered within 10 days. If from this moment no positive changes in the behavior of the culprit are observed, the victim may turn to the bailiff. The bailiff service monitors the execution of court orders and acts on the violator using proven methods.
So, the bailiff can forbid the offender to use his vehicle, to seize property in the possession of the debtor and so on. At the same time, the affected party should contact the bailiff more often and ask how things are going. This will stimulate service workers to do your work more actively and diligently. Enforcement proceedings will continue until the debt of the offender is fully repaid.
If you were not lucky and you became a participant in an accident on the road, the perpetrator of which does not have a compulsory motor liability insurance policy, is expired or fake, try to avoid lengthy lawsuits. Humans are intelligent creatures, and can find a common language in any situation. And litigation can take several years of your life from you, and without that you will not succeed.
If you have already decided to file a lawsuit, carefully draw up all the papers. Your success in this situation depends on the correct preparation of documents.
It is possible to turn to professional lawyers is the best choice for the victim in an accident. We will be glad if the step-by-step algorithms of actions from this article help you.