Article 14 the victim is not included in the OSAGO. The culprit of the accident is not included in the CTP policy: judicial practice
The article tells how to get compensation if the culprit in the accident is not included in the OSAGO, what are the nuances, explains an alternative way to resolve the issue.
Policy options
There are two options for applying for a policy:
- Identify persons who can drive the vehicle. The payment will depend on how long the driver has, whether he has previously received a refund, and other factors. The coefficients for the indicators are taken as the highest.
- Buy "general" insurance. Then the circle of persons driving the car will not be limited. The liability of any person who gets behind the wheel is insured.
The answer to the question: how to get money if the culprit of the accident is not included in the OSAGO policy will be resolved positively.
Compensation algorithm when there is no culprit in the policy
If damage is caused to the owner of the car, then there is a basis for payments. The UK pays whoever is driving if there is no indication of who can drive the car. If the drivers are listed, the insurance is still paid, even when the person responsible for the accident was not included in the OSAGO. The rule is established by articles 6 and 15 of the Law "On OSAGO".
If you have become a member of a traffic accident, do not be discouraged if the culprit is not in the policy. Write a letter to the insurer. The insurance company cannot refuse you if the culprit of the accident is not listed. If the insurer refuses, then it violates paragraph 2 of Art. 6 of the Law "On OSAGO".
However, money in excess of the limit under the insurance contract is paid by the guilty person. IC reimburses five hundred thousand when bodily injury is caused. Four hundred thousand is paid to compensate for property damage. Anything in excess of these amounts, demand not from the insurer, but from the guilty person.
What are the consequences of the accident for the driver who caused the accident
In addition, there are also sanctions provided for by administrative legislation. A fine of five hundred rubles is paid by the offender (clause 1, article 12.37 of the Code of Administrative Offenses).
Important! If you need to transfer control of the machine to another person, remember that anyone can become a participant in a traffic accident. Therefore, it is necessary to inform the SC about the changes.
However, there may be additional costs. After all, the UK has the right to ask for an additional amount of money for entering other persons.
Is it possible to resolve the issue with another participant in the incident
It is possible that the co-driver decides to pay the compensation voluntarily. Especially if there is no serious damage. Then the problem can be solved on the spot.
When your opponent agrees to pay, but asks to give him time, do not believe the words.
Advice. Make a receipt and indicate the date and amount of the transfer of compensation. Otherwise, it is likely that you will not receive the money.
3 Tips for Gathering Incident Evidence
- Capture dents and damage on camera if your car has been in an accident.
- Record a video that the second participant in the incident agrees to pay damages.
- Take the item of value as collateral for future reimbursement. For example, a radio or a back seat. Document the condition of the transferred item.
Outcome
You can get compensation if there is no record of the second driver. Refusal of the UK is against the law. You can also try to resolve the issue amicably and agree with the second participant on the payment of compensation.
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The standard situation is that an accident occurs, the victim contacts the insurance company of the culprit to compensate for the damage. But in practice, far from always everything goes so smoothly and unambiguously - for example, the culprit of an accident is not included in the OSAGO policy. This situation terrifies the victim. However, even then he can count on compensation. How to get a refund if the person responsible for the accident is not included in the insurance?
General provisions
OSAGO insures the liability of drivers. Insurance, depending on the wishes of the main insured, can be drawn up in different ways, namely:
- With an indication of a limited circle of persons admitted to the management of the vehicle. The policy indicates the data of people who have the right to be driving a car. For each of them, the insurance premium is determined separately, based on age, insurance history, driving experience, etc. The liability of each of the listed persons is considered insured.
- With an unlimited circle of people. In this case, any person has the legal right to drive a car (with permission from the owner). The liability of each driver is insured.
If an accident occurs, the damage to the injured party will be compensated under any circumstances. The main thing is to know your rights and not demand anything from the culprit who is not included in the insurance. The insurance company is not entitled to refuse to cover the damage.
The total payment of the insurance company from the perpetrator of the accident will depend on the following circumstances:
- the nature of the accident;
- the scale of the consequences;
- harm done to the other party.
If the circle of persons is unlimited
It should be said right away that for a policy marked “without restrictions”, you will have to pay about 80% more at the time of registration. That is, a multiplying factor of 1.8 is applied to it. But in the future, in case of any accident, the insurer will be obliged to pay compensation to the injured persons, regardless of who was driving. The insurer is not entitled to demand coverage of expenses either from the person included in the policy or from the person responsible for the accident.
Procedure for obtaining a refund
If the culprit of the accident is not included in the OSAGO insurance policy, what should the victim do? Adhere to the following sequence of actions:
Consequences for the perpetrator of an accident not included in the policy
These consequences are very deplorable:
- The insurance company will oblige him to reimburse the amount of compensation paid to the victim. In case of evasion of this obligation, the insurer will go to court and win it.
- You will have to pay a fine of 500 rubles. It is not the amount that is terrible, but the presence of an administrative offense. When it is repeated, the size of the fine increases in a mathematical progression.
If it is necessary to put a person who is not included in OSAGO behind the wheel, it is better to inform the company about this in advance. She will make adjustments to the policy and require you to pay an additional premium for an increase in insurance risk.
Problem solving on the spot
Often, motorists who are not included in the insurance, being decent people, offer to compensate for damage on the spot without proper registration. You need to be wary if the participant in the accident says that at the moment there is no money, but he will definitely pay for repairs later.
Your actions should be:
- take pictures of the damage;
- film the consent of the perpetrator of the accident to cover the costs;
- rewrite the opponent's passport data.
The absence in the insurance policy of information about the person responsible for the accident does not deprive the victim of the right to receive insurance payment. In any case, you must contact the insurer and demand full compensation for the damage incurred.
Denis Frolov
The presence of OSAGO is not only a prerequisite for driving on the roads, but also an opportunity to protect yourself financially in case of trouble on the roads. The auto insurance program allows you to protect the driver from material costs in case of an accident. But the company will not pay the full amount of damages to every client.
The only clarification is that the insurer makes payments under OSAGO only to those victims of the accident who are innocent of the accident, and the one who caused it will have to repair their car and pay for the treatment. The insurer will pay for the most guilty damage, because the driver's liability to other road users is insured. But there is another side, if the culprit of the accident is not included in the OSAGO policy, then how can the victims receive insurance compensation?
What happens if the driver is not in the policy?
It is necessary to distinguish between a policy with an unlimited number of persons allowed to drive a specific vehicle, and an agreement where there is a “closed” list of drivers that did not include the name of the person who was driving at the time of the accident.
In the first case, the insurance covers everyone who may turn out to be a driver and the insurer will unconditionally pay compensation to all victims.
In the second situation, the insurance company may begin to play up, refusing to compensate for the damage. But if the culprit of the accident is not included in the OSAGO policy, then this should not mean anything to all other participants in the accident. The payment must be made to all victims of the accident within the current limits.
What to do to receive funds if there is no driver in OSAGO?
The main thing that motorists need to remember is that, according to paragraph 2 of Art. 6 of the Federal Law No. 40 on OSAGO, insurance compensation is paid even if the driver who caused the accident was not included in the auto insurance policy.
In order to receive funds, victims must contact the insurance company directly - sometimes a call to the company where their own insurance was purchased is enough. The Incident Reporting Form is standard and easy to report.
Since the insurance company is still obliged to compensate for the damage if the culprit of the accident is not included in the OSAGO policy, therefore, if necessary, you can easily defend your rights in court. Sometimes a written application with a claim to the insurer is enough to receive the compensation due. But it is necessary to prove that the refusal to pay is due precisely to the fact that the wrong driver was behind the wheel.
How to get a penalty for OSAGO, read.
Moreover, the insurer, of course, will pay the victims all the corresponding costs for recovery and treatment after the accident, but then they will recover these funds from the guilty person, regardless of the fact that he is not a client of this company. Simply put, insurers will file a lawsuit in court, demanding reimbursement of all the amounts that have gone to cover the damage. For this reason, the one who was driving will still be punished with a ruble.
The owner of the car, who entrusted it to an outsider not specified in the policy, will not incur any liability to other participants in the accident, however, he will be forced to pay a traffic police fine, and his person will become unreliable in the eyes of insurers, which will lead to an increase in the price of insurance.
In accordance with the provisions of Art. 15 of the Law of the Russian Federation "On Compulsory Insurance of Civil Liability of Vehicle Owners", the terms of either an unlimited or a limited circle of persons admitted by the owner to drive a car can be included in the OSAGO agreement.
We will talk about how damages are compensated if the culprit of the accident is not included in the OSAGO policy below.
Insurance conditions
Each potential driver allowed to drive a vehicle owned by the insured increases the amount of the insurance cost depending on the age of the approved driver, his driving experience, etc.
That is, the insurer, assuming obligations to compensate for insured events under OSAGO, raises the amount of insurance premiums depending on the number of drivers allowed to drive. In this case, there is liability insurance for each of the drivers.
When applying for an OSAGO policy with an unlimited number of drivers, each of the persons driving the insured's car will be considered insured and no one will have problems with compensation for damage.
A different state of affairs when insuring a limited circle of persons admitted to management. In this case, the driver who has committed an accident and is not included in the limited circle of persons will be considered uninsured. However, this does not negate the fact that an accident will still be considered an insured event.
What should the victim do
A person not at fault in an accident and who has received damage as a result of this accident should apply for damages to the insurance company, and not to the person responsible for the accident.
The insurance company is not entitled to refuse compensation to the victim under the OSAGO contract on the grounds that the perpetrator of the accident is not included in the OSAGO policy (clause 2, article 6 of Law N 40-FZ).
If the damage caused to the vehicle of the victim exceeds the amount of 400,000 rubles. or the harm caused to the health of the victim exceeds the amount of 500,000 rubles, then the indicated amounts are reimbursed by the insurance company, and the remaining amount of damage must be reimbursed by the culprit of the accident.
Legal consequences for the perpetrator of the accident
The insurer has the right to present to the culprit of the accident, not included in the OSAGO policy, recourse claims in the amount of the insurance compensation paid to the victim.
If the owner of the car has a need to transfer control of it to a person not included in the OSAGO policy, he is obliged to immediately inform the insurer in writing about this, which makes changes to the insurance policy. At the same time, the insurer has the right to demand payment of an additional insurance premium in proportion to the increase in risk (clause 3, article 16 of Law N 40-FZ).
Important facts from the article
- Indemnification under OSAGO can be obtained even if the culprit of the accident is not included in the insurance policy - the main thing is that insurance is issued for the car of the guilty person.
- To do this, you need to contact your insurance company for direct damages.
- Such an accident can be registered using the Europrotocol.
- An unregistered person will be fined 500 rubles, and also a recourse from the insurance.
The culprit of the accident not included in the insurance does not mean at all that OSAGO does not work in this case, and the compensation will have to be “shaken out” directly from the tortfeasor. But this is not at all because you have a valid policy - it is. All the subtleties and detailed answers to questions about an unwritten person, the consequences for him, we will consider in this article.
The material is written mainly for the injured participants in the incident.
The participant in the accident is not included in the OSAGO - but I have insurance!
The fact that you have a valid policy still does not mean anything, unfortunately. It must also be on the car, the participant of which was found guilty of the accident.
The thing is that OSAGO insures the responsibility of the driver, and not his car at all from damage. That is, when you bought the policy, you insured against compensation for damage in an accident with your own fault out of your own pocket, the insurance company pays instead of you (although, in the realities of practice in 2020, this is not entirely true). But you are not at fault in this accident. And therefore it is necessary that the culprit has the current OSAGO agreement.
Is it possible to apply for OSAGO with an unlisted culprit?
Yes. The good news is that in 2020 it doesn't matter if a person is on the list of persons admitted to management or not. The main thing is that the liability of the owner (owner) of the car should be insured.
That is, an OSAGO policy was issued for this car and that it was not overdue. And then you, as the victim, are entitled to payment or referral for repairs, because the unregistered driver is not on the list of insurance risk exclusions, in accordance with paragraph 2 of Article 6 of the Federal Law on OSAGO.
But the following conditions do not matter, and you will receive a refund:
- if the culprit is not included in the OSAGO insurance
- if the period of use of the vehicle has ended (not to be confused with the term of the contract),
- if the guilty participant in the accident did not have the right to drive (including a minor),
Where to contact: your insurance company or the culprit?
Direct indemnification (DDR) is possible in the case when the participant in the accident is not included in the OSAGO.
All the conditions when you, as the injured party, can apply to your insurance company for compensation are described in Article 14.1 of the Federal Law-40, and they include:
- as a result of the accident, only cars were damaged (no injured people),
- there are two participants in the accident - no more and no less,
- both have valid OSAGO policies.
Doubts can cause only the last point. But, in fact, where does the doubt come from if you read the article above. Indeed, both participants in the accident have OSAGO insurance. Just one of them is not included in the policy. This does not change the fact that the civil liability of the car owner is insured.
Thus, in the event of an accident with a non-inscribed culprit, you are obliged (it is obliged, and not just your choice) to apply only to your insurance company for compensation under OSAGO.
Is it possible to issue a European protocol?
Yes. In case of such an incident, you can even register with the help of the europrotocol. An unregistered driver is not a condition under which filling out a notice is impossible.
And again "proofs"! This time, let's take a look at Article 11.1 of the Federal Law on OSAGO. Here, in the first paragraph, we see the conditions for the possibility of issuing a European protocol:
- as a result of an accident, only cars were damaged (there were no injured participants in the accident),
- only two involved in the accident
- there was direct contact between machines,
- both have valid OSAGO policies,
- the culprit and the victim have no disagreements on the circumstances of the accident and damage, and they are reflected in the European protocol.
What is the penalty for a non-inscribed person?
500 rubles under part 1 of article 12.37 of the Code of Administrative Offenses. At the same time, the violation does not provide for evacuation or other additional measures of punishment and security.
But this is not the worst consequence that awaits the culprit.
Recourse from the insurance
The absence of the person who caused harm in an accident, among the people entered (except when the policy is unlimited), entails the right of recourse claim from the insurer to such tortfeasor in the future.
Recourse is a demand for the entire amount paid (or spent on repairing a damaged car of the victim) from the culprit of the accident.
And such a right of the insurer is based on subparagraph "e" of paragraph 1 of Article 14 of the Federal Law on OSAGO:
1. The right to claim the victim against the person who caused the harm shall be transferred to the insurer who has made the insurance indemnity in the amount of the insurance indemnity paid to the injured person, if:
- e) the specified person is not included in the compulsory insurance contract as a person admitted to management vehicle;
Alas, the culprit has very little chance of avoiding a recourse claim in this case. This is confirmed by extensive judicial practice.