Compensation for damages under compulsory motor liability insurance in case of an accident

Many car owners know how to obtain compensation for damage caused as a result of an accident. Since 2017, damage is compensated directly by the insurance company that issued the MTPL policy. It is enough to submit an application, a vehicle to assess the damage and wait for repairs to be made or receive an insurance payment.

Quite often there are situations when persons who do not have compulsory motor liability insurance policies are involved in an accident. How and from whom the damage caused to the car should be recovered in such a situation is described below.

General provisions

The law establishes that the person responsible for the accident is obliged to fully compensate for the damage caused.

There are also exceptions to this rule, which determine that the obligation to pay compensation for damage caused as a result can be assigned to a person who is not guilty of causing harm. This person is the insurance company that has accepted the obligation to compensate for the damage caused by the driver.

About receiving compensation without a policy

In the event of damage to the car and the at-fault driver does not have a compulsory motor liability insurance policy, this driver himself must compensate for the damage caused as a result of the accident.

The injured car owner is obliged to conduct an assessment of the damage received by the car and an examination, and then offer the culprit to voluntarily pay the amount of compensation. If an agreement is reached, an agreement is concluded stipulating the procedure and terms of payment to cover the damage. If the culprit disagrees with the amount presented or lacks the desire to voluntarily compensate for the damage, the following must be done.

1. Prepare a statement of claim for the recovery of money for damages from an accident.

The application is submitted to the court at the place of residence of the at-fault driver.

If the amount of damage claimed for recovery does not exceed 50 thousand rubles, the statement of claim is sent to the magistrate court; if the amount is greater, then to the district court.

The following can be used as evidence in this case:

• copies of documents drawn up by traffic police officers when registering an accident;

• title documents for the car (certificate of ownership, purchase and sale agreement);

• expert opinion, information on damage assessment.

Also, the statement of claim will need to be accompanied by a receipt for payment of the state fee, the amount of which depends on the amount of the claim. You can calculate the state duty on the website of the district court, in the state duty calculator section.

Important! In the statement of claim, in addition to compensation for damage, you can present demands for compensation for the costs of examination, payment for paid parking services, sending claims and other mail, as well as the amount of compensation for moral damage.

2. We participate in court and achieve a positive court decision.

After 5 days from the date of registration of the claim in the court office, the authorized judge makes a decision on whether or not to accept it for proceedings. A preliminary hearing is scheduled, and then a hearing on the merits of the case.

After considering the case, the court makes a reasoned decision.

In the application to initiate enforcement proceedings, it is necessary to indicate payment details for the transfer of funds.

Having received the writ of execution, the bailiff is obliged to execute the court decision within 2 months and collect the amount of money due.

Results

This is the method provided by law for collecting compensation for damage caused as a result of an accident from the at-fault driver if he does not have insurance. As a rule, drivers reach an agreement with each other and the matter does not go to court. But it is necessary to keep in mind that even if an agreement has been reached, it is worth concluding a written agreement so that later there will be no problems with collection.