I got into an accident and I was the victim. The culprit turned out to be without a license, without insurance, without license plates. My damages amounted to approximately 100,000, and he was fined a thousand.

If the culprit of an accident is without insurance: we act correctly

24.10.2019

(Votes: 1, Rating: 5)

Issues discussed in the material:

  • Why is a compulsory motor liability insurance policy necessary for all drivers?
  • Whose insurance company compensates for the losses of the victim in an accident?
  • Is it possible to issue a European protocol if the culprit of the accident is without insurance?
  • How to get compensation if the person at fault for the accident does not have compulsory motor liability insurance
  • Who compensates for the loss if the person at fault for the accident does not have insurance and is not the owner of the car?

In order to drive freely on Russian roads, every car owner must insure it. This is required by Art. 4 Part 2 of the Law “On Compulsory Motor Liability Insurance” (No. 40-FZ). According to official data, approximately 50% of our drivers do not have an auto insurance policy. They prefer to pay fines, which are cheaper than getting insurance. Meanwhile, anything can happen on the highways. Accidents always happen suddenly. What to do if you are in an accident and the culprit has no insurance? How can you compensate for the damage received?

Why do drivers need insurance?

Why do drivers need insurance?

Let's consider the principle of operation of compulsory motor liability insurance. In every road accident, one of the drivers is at fault, and his insurer pays the injured party the costs of car repairs and treatment.

If the owner of the insured car becomes the source of an accident, then his policy covers all expenses of the victims. The culprit without compulsory motor liability insurance will not be able to compensate for losses. What should other drivers involved in the accident do in this case?

Legislative acts establish that the driver through whose fault the accident occurred is obliged to bear financial responsibility (Article 1064, Part 1 of the Civil Code of the Russian Federation, 337-FZ). This means paying for repairs to the victim’s car, 800 rubles. a fine for lack of insurance and compensation for moral damages to victims of road accidents.

This once again proves that every car owner needs a compulsory motor liability insurance agreement. By insuring civil liability, the driver shifts part of the costs of the accident to his insurer. At the same time, he will relieve himself of responsibility for breaking the law and reduce the hassle of legal proceedings.

Why do many drivers prefer to drive without insurance?

Why do many drivers prefer to drive without insurance?

What makes motorists refuse to issue compulsory motor insurance? Here are some reasons:

  • saving money (the driver does not want to spend money on insurance);
  • hope that no road accidents will happen to them;
  • dubious benefit (the culprit of an accident without insurance will pay a fine of 800 rubles, which is several times less than purchasing an insurance policy).

To avoid penalties, accident organizers try to resolve all problems before trial without calling traffic police officers. Procedural proceedings are also disadvantageous for them, since, in addition to the damage caused, they will have to fork out for examination and legal services.

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How to file an accident if the culprit of the accident is without insurance, in 2019

The MTPL law provides for a simple procedure for registering an accident under the European protocol without inviting traffic police inspectors. This is possible if the vehicles (hereinafter referred to as vehicles) received minor damage, no one was injured and both drivers agree to independently register so as not to wait for the traffic police.

Let's consider whether the European protocol is suitable if the victim does not have insurance. According to paragraph one of Article 11.1 of the Law “On Compulsory Motor Liability Insurance”, a simplified procedure for registering an accident is used in the event of a collision between two cars or other vehicles, the owners of which have insured them in the prescribed manner (40-FZ dated 04/25/2002). It turns out that without the victim having insurance, the use of the European protocol is prohibited.

What to do if the culprit of an accident without insurance in 2019 is told in the video:

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

Immediately after an accident occurs, the victim should request a policy from the culprit and make sure that the latter appears in the OSAGO policy database. According to the first paragraph of Article 11 of the Federal Law No. 40, upon the occurrence of an insured event, the culprit of the accident is obliged to provide all information about compulsory motor liability insurance upon the first request of all participants in the accident.

If the culprit of the incident does not have a policy or is not included in it, he will have to pay a fine of 800 and 500 rubles, respectively. And recently they started issuing claims for insurance.

There are several options for the development of events if the person at fault for the accident does not have insurance or is not included in it:

  1. if the culprit has a policy, but is not included in it, the payment to the victims will be made by the insurance company that issued the compulsory motor liability insurance (and then the culprit will be subject to recourse for the amount of compensation),
  2. If the at-fault driver was driving a car without insurance during an accident, payment to the victims will be made personally by the at-fault driver without the involvement of insurance companies.

What to do if the culprit of an accident is without insurance

Let's say you accidentally get into an accident. Even careful and experienced drivers are not immune from them. It happens that a person is standing at a traffic light, when suddenly “chess players” collide in the oncoming lane. And upon impact, one of them flies into your car.

It's a shame to be involved in an accident in such a ridiculous situation. And it’s even worse to find out that your damage compensation is at risk because the person at fault is not insured.

The culprit of an accident without insurance

What to do if the one who caused the accident does not have compulsory motor insurance? There are three ways out of this situation:

  1. Resolving troubles on the spot, without waiting for proceedings.
  2. Pre-trial claim to the culprit of an accident without insurance (during the proceedings, he voluntarily offers to compensate the injured party for losses);
  3. Legal action (the perpetrator is forced to pay for the damage).

If a road incident occurs without injuries, the procedure should be as follows:

  • Put up emergency stop signs. If they are not at the scene of the accident, you will be fined, which is doubly offensive in this case.
  • Take photos or video of the collision scene.
  • Call the traffic police to fill out a report.
  • Stay at the scene of the accident, even if the culprit fled due to lack of insurance.

The most successful option is when the person at fault for an accident without compulsory motor liability insurance is immediately ready to cover your costs. However, not every driver has enough money with him. Take a receipt from him, which will guarantee your payment in the future.

By quickly solving problems in this way, you:

  • save time;
  • you don’t understand the traffic police inspector;
  • relieve the culprit from a fine for lack of insurance.
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Let's look at how to write a receipt. The text can be anything, but with the following information:

  • Full name, passport details and addresses of participants in the accident;
  • description of the emergency;
  • list of car damages;
  • the motive of the at-fault driver to compensate the victims;
  • information about cars (make, model, license plate, VIN, PTS details, etc.);
  • amount and date of transfer of money.

It is advisable to write the entire text of the document by hand and be sure to sign all parties to the conflict.

The culprit of an accident without insurance

If the person at fault for an accident without insurance has rejected your conditions to settle the case before trial, the State Traffic Inspectorate employee must record the absence of compulsory motor liability insurance in the accident certificate. Information about the violator is also indicated there, namely:

  • FULL NAME.;
  • registration address;
  • contact number.

The next step will be to file a claim against the person at fault for the accident without insurance. For this you will need the following documents:

  1. The conclusion of an independent examination, which describes all the damage to the car and indicates the amount of material damage. This is the most important document and it is quite expensive - 2-7 thousand rubles. How to carry out the procedure so as not to pay for it again, read on.
  2. A vehicle owner is required to receive a Vehicle Recycling Certificate (VTC) if his car cannot be restored. Its cost ranges from 2–5 thousand rubles. When both documents are issued, the person responsible for the incident must be present so that he can sign for receipt of the papers. Therefore, he must be notified officially by mail.
  3. The pre-trial claim is prepared by a lawyer. This service will cost 3–5 thousand rubles.

By the way, it's not difficult. You can personally write a claim to the person at fault for an accident without insurance (a sample is available on the Internet). What you need to indicate:

  • route;
  • location of a traffic accident;
  • circumstances of the accident.

In each point of the accusation, it is necessary not only to describe in detail the essence of the violations, claims, damages, but also to refer to the law or provide excerpts from the text of the regulations. At the end of the claim, the amount of damage should be indicated.

Pre-trial claim

This can include payment for evacuation, all examinations, lawyer services and compensation for moral damage. Therefore, the final amount may be greater than the one established by the expert.

What documents need to be attached to the claim statement:

  • certificate of accident (copy);
  • resolution on the case of an administrative offense (copy);
  • written summons of the culprit for inspections (copies);
  • expert assessment of the damage caused;
  • documents for the car (copies);
  • receipts for all expenses of the victim.

Most often, upon receiving a pre-trial claim, the culprit of the accident agrees to reimburse the amount specified by the experts. In case of litigation, in addition to direct damages, he will have to pay procedural costs.

Will it help if the victim has CASCO insurance?

A person who has an accident is to blame and does not know what to do, is unlikely to be able to avoid liability, even if the driver of the damaged car has a CASCO policy.

Of course, the insurance company will compensate him for the damage. But then, insurers have the right to use such a tool as subrogation.

And on its basis, recover full compensation for damage from the culprit of the collision. In this case, there is no doubt that insurers will certainly exercise their right.

So you can’t count on something positive based on whether the victim has a CASCO policy.

It turns out that the method that was described in the first place - disputing one’s guilt - is the most suitable, and first of all, you need to try to use it.

The main thing to do first is to seek legal help. By exploring all possible options, together with a lawyer, you can make the right choice.

If the chances are zero, then it is better to resolve the issue peacefully, but here there are additional nuances.

Do not forget! You have the right to challenge guilt in a traffic accident in court through administrative proceedings. You have 10 days to file a complaint.

Court with the culprit of an accident without insurance

After the violator refuses to compensate for the costs of the pre-trial claim, all collected documents are sent to the court. In this case, the victim files a claim. To avoid legal errors, use the services of a specialist, which will cost you a certain amount of money.

Typically, statements of claim of this kind are accepted by district courts at the place of registration of the person responsible for the accident (Article 28 of the Civil Procedure Code of the Russian Federation), but not always. If the amount of the claim is not more than 50 thousand rubles, the cases are considered by magistrates. If the loss is assessed at a higher price, then the district court deals with this.

A claim against the person at fault for an accident without insurance is filed with the documents listed above. In this case, copies will not work and you must submit the originals of the following documents to the judge:

  • expert opinion on damage;
  • certificates of road accidents;
  • decisions in a case of an administrative offense;
  • a written summons to the culprit for examination of the vehicle.
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In addition, you will need the following:

  • power of attorney to conduct business in court (for a lawyer);
  • papers for pre-trial dispute resolution;
  • receipt of payment of state duty;
  • statement of claim (copy for the defendant).

All statements of claim are drawn up in accordance with the requirements of Article 131 of the Civil Procedure Code of the Russian Federation. They contain the same things as a pre-trial claim, plus information about a failed attempt to resolve the dispute before trial.

Court with the culprit of an accident without insurance

Along with compensation for the main damage, the victim may claim payment for moral damage (Article 94 of the Civil Procedure Code of the Russian Federation). A statement of claim must be submitted to the person at fault for an accident without insurance no later than three years from the date of the accident.

The trial may last 1–3 months. If the driver who caused the accident fails to appear in court, the process can take a long time. To expedite the payment of compensation, the plaintiff's lawyer may request the seizure of the offender's vehicle.

If the defendant does not have a regular income or does not work, this does not relieve him of damages. By its decision, the court will force him to pay half of his monthly salary. And if the victim received complex injuries, the amount of deductions will increase to 70%.

Where to apply for damages in case of an accident without compulsory motor liability insurance

The question of who will pay for the damage if you are involved in an accident and are not at fault will be resolved. However, it will take some effort.

After the accident, you need to get your hands on all the case materials of the traffic police inspector who conducted the investigation.

This package of documents must include:

  1. Certificate of traffic accident.
  2. A copy of the administrative violation protocol.

The next step is a visit to the insurers. In principle, the law allows you to contact your own company rather than the culprit’s company.

In our case under consideration, there is no such possibility, for objective reasons. Therefore, if you are involved in an accident and have no insurance, you can contact the insurance company of the person responsible for the accident to receive compensation for damages.

There are situations when this is quite difficult to do, since both the car and the culprit may be from a different area. His insurer is probably a regional company. And there are offices only in the region where the traffic violator came from.

For such cases, you can contact the office of the Union of Russian Auto Insurers. Among other things, in many large cities, there are special single centers for compensation for damages for road accidents.

For a specific case, it is better to consult a lawyer. He will help you understand a difficult situation. Call!

How to conduct an independent examination after an accident, the culprit of which is without compulsory motor liability insurance

If drivers involved in a road accident cannot determine the amount of damage, it is better for them to contact an independent expert. Typically, the examination is used by insurance companies, which need to know the amount of damage, the causes of the incident and the technical condition of the car during the accident.

For expert assessment, specialists perform the following:

  • inspect the scene of the collision to recreate the scene of the accident;
  • check the technical condition of the vehicle to see the extent of damage and determine the damage.

During the examination, not only the body and its visible elements are examined. In some cases, it may be necessary to disassemble the vehicle to identify internal damage. Upon completion of the assessment, experts write a report that will serve as evidence in court.

Do you need an independent examination of car damage?

When a car driver gets behind the wheel without having liability insurance and then gets into an accident, he receives a bitter experience that should teach him for the future.

Contacting an independent expert after an accident is also a kind of protection from unscrupulous insurers and car service workers.

The amount of damage received as a result of the accident must be determined not only from the conclusions presented by the insurer. In almost 100% of cases, an independent expert gives an assessment that differs sharply and more favorably from that given by the insurance company.

An independent review should always be done. This is the only chance for justice. Don't spare money; in many cases it will pay off.

In addition, you need to take care of a certificate from a car service indicating the cost of the restoration work performed. This document will also never be superfluous.

How to get compensation from the culprit of an accident without insurance

How to get compensation from the culprit of an accident without insurance

Car owners often ask the question: “If the culprit of an accident does not have insurance, who will compensate for the damage after the accident?” As mentioned above, traffic violators will be forced through the court to pay all victims, despite the lack of a stable income.

If the violator is not insured under compulsory motor liability insurance, does not officially work or is financially insolvent, he still bears financial responsibility to the victim. It is not necessary to resort to legal proceedings; the parties to the accident can come to an agreement, and by mutual agreement the culprit will compensate for the damage - in a single payment or in installments.

When the person at fault for an accident without insurance is unemployed and refuses to pay, the victim has no choice but to file a lawsuit against the irresponsible driver. Sometimes judges take into account the plight of the defendant and reduce the amount of claims made by the plaintiff. If the violator voluntarily does not comply with the court decision, then the injured party will need to take a writ of execution and submit it to the bailiff service.

It happens that victims of an accident, who had to turn to the FSSP of Russia for damages after the trial, are dissatisfied with the work of those executing the law. Those who do not want to wait until the person responsible for the accident deigns to compensate for the costs (especially since he did not intend to do this) can offer help to bailiffs. This will give them speed and make them work better. For example, you can file another claim for debt indexation due to rising inflation in the country.

One more thing. Having a writ of execution, the victim has the right to demand payments from the defendant’s bank account if such information is available. By the way, in this case, information about the bank and accounts can be found in the executive service. In this case, a credit institution can withdraw money from the account of the person responsible for the accident without his knowledge.

In addition, you can initiate the seizure of the offender’s vehicle by the FSSP, as we discussed above. This is quite effective, and the culprit immediately begins to compensate the injured party.

Bailiff

As a last resort, if you come across an enterprising driver who transfers his property to third parties, the enterprise where he works will receive a writ of execution, and the accounting department will withhold 50% of his salary every month in favor of the victim.

I got into an accident without insurance, it’s my fault, what the risk is, what will be the consequences

Finding yourself in the place of a driver who asks himself the question: I got into an accident without insurance, it’s my fault, what to do, first of all, you need to pull yourself together and calm down. After all, nothing deadly happened.

It is necessary to say right away that the situation is unpleasant. In general, of course, you need to understand the specific circumstances in detail.

In our article we will analyze possible scenarios. We'll give you some advice. Let us point out some features of this situation. All this should help smooth out the negative consequences. So read carefully.

Frequently asked questions about road accidents when the culprit is without insurance

  • What to do if the person at fault for the accident has a fake or expired MTPL policy?
    Some car owners have invalid MTPL policies - expired or counterfeit. What does the person at fault face in an accident without insurance? According to the law, for falsification, the driver is fined and deprived of his license, and is also subject to administrative and even criminal liability.

    The victim of an accident must go through all the stages described above, from the investigation at the scene of the accident to the court hearing. To resolve a dispute with the violator, you need to check the authenticity of his “car citizen”. To do this, the culprit must submit an application to the RSA (Russian Union of Auto Insurers) and attach the necessary papers.

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    Usually, counterfeits are registered under the same form number (double policies), which is assigned to several cars. In this case, the victim can count on receiving insurance payments from the company. And if the culprit’s contract has expired, then by law he is not insured under MTPL. In this case, the victim acts similarly to the situation when the culprit of an accident without insurance.

  • What to do if the insurance company of the person responsible for the accident has revoked the license?

    Insurance Company


    There are cases of bankruptcy of insurance companies or deprivation of their insurance license. Does this mean that the driver who caused the accident is deprived of insurance, and the victim will not receive compensation for damages? Article 18 of the Federal Law No. 40 on compulsory motor liability insurance states that in a situation where the insurer is declared bankrupt or has lost its license, compensation may be paid for damage to the health (life) of the victim or his property.

    To receive money, the victim writes a corresponding application to the RSA demanding payment of compensation and supports it with documents in accordance with the list of Rules of Compulsory Insurance.

  • If the person at fault for an accident does not have insurance, can you contact your insurance company??
    Let's say you get into an accident, and the culprit has no insurance, while the victim has a compulsory motor liability insurance policy. Is it reasonable to hope for compensation from the insurer? To answer the question, you need to know the principle of MTPL insurance.

    According to paragraph 1 of Article 6 of the Federal Law No. 40 on compulsory motor liability insurance, “the object of compulsory insurance is property interests associated with the risk of civil liability of the owner of the vehicle for obligations arising from harm to the life, health or property of victims when using the vehicle on the territory of the Russian Federation.”

    This means that the MTPL agreement is aimed at insuring the liability of the driver himself. If the culprit of the accident has taken out a policy, then upon the occurrence of an insured event, the insurer compensates for the damage from his actions, even if the victim does not have insurance (or when the latter is not included in the contract). The person at fault for an accident with compulsory motor liability insurance will not be able to receive compensation for damage from an accident for his own car under this policy.

    In other words, the victim’s insurance company does not compensate for his costs; this is the responsibility of the insurer of the guilty party.

  • What should a victim of an accident with an at-fault party without insurance do if they suffer damage to their health?

    Victim in an accident


    If an emergency situation was caused by a driver without compulsory motor liability insurance and people were injured as a result, each of them will receive an insurance payment in accordance with Article 18 of the Federal Law No. 40.

    All victims of road accidents must contact the RSA and request compensation for damage to health in writing. The application must be accompanied by a package of documents in accordance with the rules of OSAGO.

    As we can see, even if the culprit of an accident does not have insurance, the Russian Union of Auto Insurers can compensate for damage to the health of the victims. In the future, the amount of compensation will be recovered from the guilty driver under the recourse claim of the RSA. Thus, the victim himself has the right to decide who will pay him the costs for his damaged health: the direct culprit of the incident or the professional association RSA.

  • Who will compensate for damage after an accident, the culprit of which is without insurance, if the victim has CASCO
    Owners of a comprehensive insurance contract who were injured in an accident do not need to independently demand recovery of damages from the person responsible for the accident without a compulsory motor liability insurance policy. Plus it can be problematic.

    A comprehensive insurance agreement protects the policyholder from possible damage, regardless of whether the risks of the other party to the accident are insured or not. Even if the culprit of the accident does not have any insurance, the victim will receive compensation under comprehensive insurance. In this case, the insurance payments will be handled by the company from which you purchased the insurance. You just need to properly document the incident and contact your insurer to comply with the comprehensive insurance conditions.

    So, we found out what to do in the event of an accident when the culprit is without insurance, and the victim has a voluntary comprehensive insurance policy (even if he is not on the list of persons admitted to the management).

    The driver of a damaged car will have it repaired under comprehensive insurance. At the same time, the culprit of an accident with a missing insurance policy is still liable under the law. After compensating the damage to the victim, his insurer will demand the return of funds from the initiator of the accident under the right of subrogation.

  • What to do if the person at fault for an accident has no insurance and is not the owner of the car?

    The culprit of an accident without insurance


    If the violator of traffic rules has not insured his civil liability and the vehicle does not belong to him by right of ownership, he usually compensates for the losses of the injured party after the accident.

    Here we are talking only about the situation when the culprit of the accident is without insurance and is not the owner. If compulsory motor liability insurance is issued, but the driver is not on the list of permitted persons, then the victim can count on an insurance payment from the company.

    There are situations when the owner of the vehicle has to pay for damage incurred in a traffic accident. And the immediate instigator remains on the sidelines.

  • What to do if the culprit of the accident is drunk and without insurance ?
    If a drunk driver, without a compulsory motor liability insurance policy, causes an accident, you need to register the accident, as required by law. And then the victim must act taking into account the circumstances: either the culprit will offer him compensation for the damage, or refuse to pay for damage and harm to health.
  • What to do if the culprit of an accident without MTPL insurance fled the scene of the accident?
    A participant in an accident who was injured in a traffic accident is obliged to call the State Traffic Inspectorate and report the incident. To establish guilt and find the escaped culprit, you can involve witnesses to the accident. If it is possible to identify the offender and he refuses to pay the costs of repairs, the victim can go to court. And then you will have to prove the driver’s involvement in the accident.

    The culprit of the accident without MTPL insurance fled the scene of the accident

    If the person at fault for the collision is not found, you can forget about compensation for damage to the victim’s vehicle. The exception will be the case when there is harm to health. This gives the right to an insurance payment to the participant in the accident, even if the culprit of the accident is not found. The money will be paid by the Russian Union of Auto Insurers at the request of the injured party.

Is it possible to recover damages from the culprit without compulsory motor liability insurance?

what to do if the person at fault for the accident does not have insurance

The insurance company, according to Federal Law No. 40, is obliged to compensate for damage caused to the property and health of the injured party in an accident. But for this, the culprit must have a valid contract for the provision of insurance services in the MTPL system. In its absence, the damage caused will have to be recovered not through the insurer, but by other means.

The legislation provides for several options for compensation for damage in an accident without insurance:

  1. By mutual agreement of the parties.
  2. As a result of filing a pre-trial claim.
  3. Through the judiciary.

Each of these methods has its advantages and disadvantages. The victim may demand compensation:

  • Caused harm to health or life.
  • Damage to property.
  • Compensation for moral damage.
  • Other expenses incurred in connection with a car accident. For example, calling a tow truck, the services of independent appraisers, TC, legal costs.

Compensation for damage to the victim if the culprit of an accident without insurance: judicial practice

When a victim applies to a judicial authority for compensation for losses due to a traffic accident, when the culprit does not have insurance, judges usually take the side of the applicant. But often during the proceedings the amount of the claim changes.

The defendant (the culprit of an accident without insurance) can apply for a forensic examination that will estimate the cost of repairing the damaged car. It is quite possible that it will be less. The court will certainly accept this act as evidence of the real amount of damage, as stated in the decision of the Solombalsky District Court (Arkhangelsk) on October 12, 2017 in case No. 2-680 12/2017. Then a decision will be made on payment of compensation in the appropriate amount.

The scope of claims will be reduced if the court finds that the plaintiff claimed too much damage. Then the claim will be qualified as an attempt at unjust enrichment at the expense of the person responsible for the accident. An example is the decision of the Soviet RS (Astrakhan) in case No. 2-1733/2017 dated 06/05/2017.

What are judges guided by when assessing damages to victims of road accidents? These are the standards:

  • Resolution of the Constitutional Court of the Russian Federation No. 6-P dated March 10, 2017 “In the case of verifying the constitutionality of Art. 15, paragraph 1, art. 1064, art. 1072 and art. 1079 clause 1 of the Civil Code of the Russian Federation in connection with complaints from gr. A. S. Arinushenko, G. S. Beresneva and others.” The court concluded that the fact of unjust enrichment of the owner of the damaged property was not revealed, despite the fact that after the repair, due to the replacement of parts and components of the car with new ones, the cost of the vehicle became higher than it was before the accident.
  • Resolution of the Plenum of the Armed Forces of the Russian Federation No. 25 of June 23, 2015 “On the application by courts of certain provisions of Section I, Part 1 of the Civil Code of the Russian Federation.”

According to the document, “if new materials were or will be used to eliminate damage to the plaintiff’s property, then, with the exception of cases established by law or contract, the costs of such elimination are included in the plaintiff’s actual damage in full, despite the fact that the value of the property has increased or may increase due to compared to its value before damage.

The amount of compensation payable may be reduced if the defendant proves or it clearly follows from the circumstances of the case that there is another more reasonable and commonly used method of correcting such damage to such property.”

Taking into account these circumstances, the court recovers from the culprit of the accident without insurance the amount of expenses for restoring the car, without taking into account the wear and tear of parts and components that need to be replaced (decision of the Zadonsky RS in case No. 2-444/2017 dated November 15, 2017, Lipetsk region).

In his claim, the victim can justify his claims by the loss of the marketable value of the car and ask to recover the corresponding amount of damage (decision of the Elektrostal GS No. 2-172/2016 dated 02/08/2016, Moscow region).

If, as a result of the accident, only the vehicle was damaged, and no people were injured, judges, as a rule, refuse compensation for moral damages (decision of the Stavropol RS in case No. 2-2414/2017 dated October 20, 2017, Samara Region).

The culprit of an accident without insurance: the experience of car owners

  • Long, tedious, but there is a chance.
    “If the person who caused the accident does not have a car insurance policy, he may be driving someone else’s car, the owner of which has drawn up this agreement. The latter will have to compensate for the damage to all victims.

    If there is no insurance at all, the victim’s company is not obliged to cover his costs under compulsory motor liability insurance. In this case, it is necessary to file a claim in court and demand compensation for damage on a general basis. The judicial authority must be located at the place of registration of the culprit of the accident without insurance.

    Before filing a claim, obtain a certificate of the accident from the State Traffic Inspectorate and conduct an independent examination of the damaged car, observing formalities during the assessment, to determine the amount of damages. Then draw up a statement of claim using the services of a lawyer, pay the state fee and submit the documents to the court.”

  • How to get bailiffs to do their job?
    “You need to visit the bailiffs more often, as they will not be in a hurry. If you realize that everything is standing still, go to the prosecutor's office.

    Knowledgeable people advise submitting an application to the FSSP to involve the culprit of the accident in compulsory work or something like that. The point is that the defaulter is not officially employed, but he lives for something, which means he has income. If the prospect of working for the executive service arises, the culprit will rush to pay off his debts. But this information needs to be verified or found out on the spot.”

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