Compensation for civil liability insurance of vehicle drivers (OSAGO) in an accident
How to achieve compensation for damage caused as a result of an accident is known to many car owners. Since 2017, the damage is compensated directly from the insurance company that issued the insurance policy. It is enough to submit a statement and provide the vehicle to assess the damage and wait for the repair to be made or to receive an insurance payment.
Quite often there are situations when people who do not possess OSAGO policies participate in an accident. How and from whom to recover the damage caused to the car in a similar situation is described below.
The law establishes that the perpetrator of the accident is obliged to completely recover the caused damages.
There are also exceptions to this rule, which determine that the obligation to pay compensation for damage caused as a result of the damage may be imposed on the person who is not guilty of causing harm. Such a person is an insurance company that has undertaken to compensate for the harm caused by the driver.
About getting compensation without a policy
In case of damage to the car if the guilty driver does not have an insurance policy, the 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, after which he suggests that the culprit voluntarily pay the amount of compensation. If an agreement is reached, an agreement is concluded that provides for the procedure and terms for payment of damages. If the culprit disagrees with the amount presented or there is no desire to voluntarily compensate for the damage, the following must be done.
- To prepare a statement of claim for the recovery of money against damage from an accident.
The claim is filed with the court at the place of residence of the guilty driver.
If the amount of damage presented for recovery does not exceed 50 thousand rubles, the statement of claim is sent to the magistrate court, if the amount is bigger, then to the district court.
As evidence in this case, you can use:
- copies of documents compiled by traffic police officers during the registration of an accident;
- title documents for the car (certificate of ownership, contract of sale);
- expert opinion, information on damage assessment.
Also, a statement of payment of state duty, the amount of which depends on the amount of the claim, will need to be attached to the statement of claim. You can calculate the state duty on the website of the district court, in the section of the state duty calculator.
Important! In the statement of claim, in addition to compensation for damage, claims can be made for compensation of expenses for examination, payment of paid parking services as well as the amount of compensation for non-pecuniary damage.
- Litigation for obtaining a positive judicial decision.
After 5 days from the date of registration of the claim in the registry of the court, an authorized judge decides whether to accept it or not. A preliminary hearing is scheduled, and then the consideration of the case on the merits.
Having considered the case, the court makes a reasoned decision.
The application for the initiation of enforcement proceedings must indicate the 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.
This method is provided by law to recover compensation for damage caused as a result of an accident from the guilty driver if he does not have insurance. As a rule, drivers agree with each other and the case does not reach the court. But it must be borne in mind that even with the agreement reached, it is worthwhile to conclude a written agreement so that later there will be no problems with the recovery.