In the Russian Federation, a large number of road accidents occur every day. And not every culprit acts in good faith. Some people may leave the scene of an accident, even if injured people remain there. Therefore, most owners wonder: “Will insurance compensation be made if the culprit of the accident disappeared from the scene?” CTP provides for the clarification of certain nuances.
Affected Party Actions
If there is an emergency on the road, the injured driver must in no case go after the culprit. Such actions will not lead to anything good. If people were injured on the road during an accident, then you need to help them, and then call an ambulance. Next, you need to call the traffic police. The driver must not move the car until the arrival of the traffic police. Therefore, it is necessary to put a sign on the occurrence of an accident, as well as turn on the alarm.
If the culprit fled the scene of an accident, what should I do? It is important that the driver has in his hands any data about the fugitive and the situation as a whole, so he needs to photograph and photograph the objects of the scene on his own. Moreover, photos and videos should be taken from various angles so that the picture is as complete as possible. Also, the driver must find witnesses to the accident. Perhaps they remembered some characteristics of the culprit or the number of the registration mark. In order to be able to contact them in the future, it is necessary to clarify the contacts of witnesses.
Today, the perpetrators of the incident are quickly found, since almost everywhere there are cameras: on the tracks, in nearby organizations, in cars - video recorders. If the injured driver did not have the DVR, then you should contact other car owners for help. After arriving at the scene of the accident, law enforcement officers must insist that the data from the traffic police cameras also be attached to the case. During the execution of documents at the accident site by the traffic police, the injured driver must carefully check all the data entered, since the payment from the insurance company will depend on these documents.
When can I leave the scene of an accident?
Participants in an accident may only leave in exceptional cases. If during the accident a person was injured, the driver can leave in order to take him to the clinic. Usually, drivers leave the scene of the accident when the victim is in serious condition. But before leaving the scene, he still needs to take photos, as well as a video on the subject of the materials of the incident. It is better to take more photos so that employees can identify the guilty person. You also need to immediately return to the scene of the accident immediately after the trip to the clinic. If the process of transportation of the injured person has been delayed, then the driver must go to the traffic police department, present photos and videos and explain the situation.
Documents in the traffic police
A police officer is involved in inspection and paperwork. In order to receive compensation, the injured person needs to know the rules for completing accidents for motor third party liability insurance. First of all, the employee draws up the protocol. Typically, inspectors do not issue a report to victims, claiming that they will not need this document. In this case, you need to request a copy of the document for yourself. In the traffic police, the driver will need to receive a certified copy of the decision on an administrative or criminal offense or on refusal (depending on the situation).
If the culprit is found
Today, the perpetrators of road accidents are found within a week. This is facilitated by traffic police cameras. Also, often offenders themselves come to the traffic police department a few days later with sincere recognition. The culprits admit their guilt, as they understand that the situation may worsen if they are found by law enforcement officials.
If the culprit is found, then the payment is made by his insurance company.
What should I do if the driver did not have an insurance for compulsory motor third-party liability insurance and the perpetrator of the accident disappeared from the scene for this reason? Often, drivers leave the scene of an accident because they do not have insurance. They understand that they will have to cover the damage to the injured person on their own. In this situation, it is important to find the culprit of the incident. Since if they do not find him, then there will be no one to file a claim, and the injured driver will have to repair the vehicle at his own expense.
If in the future the guilty person was found and agreed to the payment, the expert who evaluates is called. Based on these data, the amount of damage is determined.
In the event that the perpetrator refuses to pay the amount of the damage caused, the victim will have to contact the courts.
CTP
The culprit of the accident disappeared from the scene: will the victim be able to receive compensation in this case? The injured party has the right to receive compensation from the insurance company with which it previously entered into an agreement. But this issue has its own nuances. In order to receive compensation, the owner of the vehicle must have valid genuine insurance. That is, the MTPL insurance policy at the time of the accident should be valid. If the contract has expired, the policyholder is not entitled to receive funds.
Possible reasons for failure
In order for the owner to receive payment, the driver must be included in the insurance list. For example, if a traffic accident occurred, and the owner’s son was driving the vehicle, and he, in turn, is not on the list of insurance policy, then there will be no payment.
Payment of compulsory motor third-party liability insurance in case of an accident is not possible if mistakes were made in the process of drawing up the insurance policy. For example, in the personal data of the policyholder or drivers. The policyholder at the time of purchasing the policy must verify the correctness of filling out the contract, and only then put the signature.
It is also important to notify the insurance company when any changes occur. For example, if the driver’s data has changed, then you need to go to the insurer's office and contact the employee.
Regression
If the culprit of the accident disappeared from the scene of the accident, then there is the opportunity to receive payment to the victim with the help of his insurance policy. The legislation of the country provided this opportunity to car owners, since insurers have the right to demand recourse from the culprit. That is, the injured driver turns to the insurance company and receives a payment. Further, the insurance company filed a lawsuit against the perpetrator. Moreover, the culprit will have to cover additional associated costs of the insurance company.
If the culprit does not have the money to pay immediately, the court determines the period of time during which the defendant is obliged to pay the debt. Often, a court sets a deadline of a certain number of months with a fixed payment.
Compensation Amount
In the event that the culprit of the accident disappeared from the scene, OSAGO payments will depend on the damage received. It is worth noting that the MTPL insurance policy has a limit of 400,000 rubles. Thus, if a car has suffered a large amount of damage from an injured driver, then he will receive only 400,000 rubles from the insurance company.
For example, a car costs 1,000,000 rubles, the amount of damage amounted to 700,000 rubles. The insurance company will pay 400,000 rubles. The remaining 300,000 rubles, the owner of the vehicle will have to demand from the culprit of the accident. Usually, in order to receive payment from an individual, one has to apply to the courts with a statement of claim.
The insurer refused to issue cash
What to do if, after calling the traffic police and filling out all the necessary documentation, the insurance company refused to pay? When insurance companies refuse to pay clients, they draw up an explanation letter. In this case, the driver must carefully read the reason for the refusal. Perhaps the reason is justified, and the owner of the car will understand this by reading the letter. But what if the insurer's refusal was unlawful? First of all, you can turn to lawyers for help. They will advise the affected driver and determine the best option for him. Also, the driver can write a complaint to the PCA system, attaching scans of documents to the letter. The complaint can be written on the official website of the union. PCA includes all licensed insurance companies. And with unlawful actions of one of the insurers, PCA will be able to influence their decision in the future.
An extreme solution to the problem is to go to court. When contacting the courts, it is better to consult with a lawyer in advance, because the court must provide the correct and reasonable materials on this issue to successfully prove their case during the meeting.
Conclusion
Even if the culprit of the accident disappeared from the scene, OSAGO payment can still be received. A traffic accident is always a shock, and the injured person may not remember the registration number of another car. But you can always ask for help from other drivers. You also need to pay attention to the presence of various organizations located near the scene. Perhaps the information of interest to the victim was preserved in their cells.
If the culprit was not found within three days, then the injured person needs to contact the office of his insurer. Usually there are no problems with receiving payments through your insurance company. But if your insurer refuses to pay, then the driver must go to court. Accordingly, in order for the court to side with the injured person, he must correctly explain his claims in the lawsuit. The court decision will depend on the correctness of the data. If the driver is not sure of his knowledge and doubts, then it is better to seek the help of a professional lawyer.