Responsibility and sanctions for unlicensed drivers involved in road accidents

Accidents involving unlicensed motorists are quite common. Almost every year, amendments are made to the Legislation of the Russian Federation, which contribute to tougher penalties for drivers who practice this type of driving. Meanwhile, punitive measures imply very significant responsibility. What should participants in a road accident do if they do not have a driver’s license, and what types of punishment are provided for such offenders? Let's look at these issues in more detail in this article.

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.

How to protect yourself from fines for expired licenses and insurance?

As you know, the driver is required to have a driver’s license, registration documents for a car or trailer, a compulsory motor liability insurance policy, and so on. At the request of the traffic police officer, the driver must provide all the necessary documents.

An ordinary driver sees his documents only if they are checked by a traffic police inspector. And now this moment has come. An inspector stopped you and asked you to show your documents. You extended your hand to your purse, where the documents should be, and remembered that the purse was left in the hallway. What is the penalty for driving a car without a license? Or did you submit documents to the inspector, but your license turned out to be expired? Let's take a closer look.

Fine for driving without a license

If a person has rights, but he accidentally left them at home or forgot them at work, then according to the Code of Administrative Offenses, Article 12.3 Part 1, a fine of 500 rubles is provided.

But this is not the worst thing. For the fact that the driver does not have a registration certificate or driver's license with him, he may be removed from driving the car and the vehicle may be detained. In simple terms, your car will be taken to the impound lot. And it will be possible to pick it up from there only after paying for all the procedures: tow truck work, parking space, etc. So, in Moscow you will have to pay from three to seven thousand for a passenger car.

By saving all the necessary copies of documents in the VKarman application, you can always prove to the traffic police inspector that the car belongs to you, but you accidentally forgot the documents at home. And if you're lucky, you might get away with just a warning.

Fine for driving with an expired license

The traffic rules state that a driver’s license after completing courses at a driving school is issued by the traffic police inspectorate for 10 years. After this period, the license automatically becomes expired, i.e. the driver no longer has the right to drive. When the period approaches the end of which the rights will be expired, it is necessary to renew them in time and replace them with new ones, which will also be valid for 10 years.

Based on the traffic rules, namely Article 12.7 of the 2015 Code on violation of the rules, it follows that the punishment for a driver in case of an expired license includes a fine of 5,000–15,000 rubles.

Adding a copy of the rights to the VKarmane application will take you a few minutes. But this will save you much more time in the future and save your nerves, and most importantly your wallet. VKarmane will always remind you about the expiration of your license and you will be able to apply for new ones in time.

Procedure for replacing a driver's license

A driver's license can be replaced without waiting for its validity to expire. To replace, the following steps and documents are required:

Write an application in the prescribed form to replace your driver’s license.
Have with you an identity document and a photocopy of it.
Pass a medical examination and have a certificate of fitness to drive a vehicle of the required category.
Driver's card (except for persons who completed training before 2013).
Driver's license.
A certificate stating that you have not been deprived of the right to drive a vehicle.
Document confirming payment of state duty.
Three 3x4 matte photographs. But, as a rule, photographs are taken at the traffic police department.

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.

What happens if you get into an accident without insurance?

In a situation where you get into an accident without insurance, it’s my fault, but not everyone knows what to do. Depending on the degree of damage caused by the culprit and the circumstances of the accident, the issue of preventive measures will be decided.

If a driver without an insurance policy is found to be at fault for an accident, the full severity of the damage caused will be placed on him and the driver will have to pay for the damage himself. In addition, if the driver does not have the necessary insurance policy, he faces a corresponding fine.

If the injured party does not have insurance with full proof of its innocence, the citizen at fault for the accident will have to pay for the damage caused. By the way, in this situation, the road user who does not have an insurance policy also faces a fine.

Currently, the amount of the fine if the driver does not have an insurance policy with compulsory insurance is 800 rubles.

Tip #2! A driver driving without the appropriate insurance and policy is exposed to an unjustified risk. Therefore, it is worth complying with current legislation and obtaining insurance on time.

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.

Administrative side

From an administrative point of view, driving without a license (with an expired license) is an offense punishable by a fine. The fine for driving with an expired license is differentiated, ranging from 5,000 rubles to 15,000 rubles. The specific amount of the fine for expired licenses is determined based on the actual circumstances, the identity of the offender, and the presence of mitigating or aggravating circumstances. The elements of an administrative offense and sanctions are determined by Part 1 of Art. 12.7 Code of Administrative Offenses of the Russian Federation.

A person who drove a vehicle without a license is removed from driving. If it is impossible to replace the driver, the car will be evacuated to the administrative parking lot, and the violator will incur additional material costs.

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

Liability of a drunk driver in an accident if there are no injuries

Since 2015, changes have been made to the country's legislative acts that tighten liability for drunk driving.

At the moment, the following penalties are in effect:

According to Article 12.8 of the Administrative Code, a citizen who drives a vehicle while intoxicated is subject to a fine of 30 thousand rubles. In addition, his driving license is confiscated for a period of 18 to 24 months;
For refusal to undergo a medical examination, liability is as in the previous paragraph;
Transferring control of a vehicle to another drunk driver is punishable by the same amount of fine and deprivation of driving license for up to 24 months. If the citizen who was driving does not have a license, he will be deprived of liberty for up to 15 days, and if arrest is impossible, he will be fined 30 thousand rubles;
For a repeated offense, the fine increases by 20 thousand rubles, and the term of imprisonment reaches three years. Returning a driver's license after expiration of the period of deprivation requires retaking a theoretical exam on knowledge of traffic rules at the State Traffic Safety Inspectorate. A fine not paid within 1 month is doubled, and the offender may be additionally imprisoned for up to 15 days.

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.