Despite the fact that the purchase of insurance for a vehicle is a prerequisite for motorists, however, not everyone has time to draw up or extend a policy on time. As a result of this, you may find yourself in a very unpleasant situation when, in an accident, the culprit of the accident simply does not have insurance. What to do in such a situation and what to do in order to receive monetary compensation from him for the damage caused? From this article, you will learn about the main actions that should be taken if the culprit of the accident does not have insurance.
How to behave at the scene of a traffic accident?
If you got into an accident, then the first thing to do is pull yourself together and calm down. In no case do you need to fall into a hysterical state. It is strictly forbidden to apply physical or
psychological pressure on the culprit of the accident, since in this case he can file a counterclaim, and a situation in which the law is completely on your side can turn against you. If the culprit of the accident does not have insurance, what to do in this situation, you think? The first step is to immediately call the traffic police at the scene. At the same time, it doesn’t matter how badly your car was damaged, because if the culprit doesn’t have an insurance policy, the standard European-style protocol is useless and you can’t get any compensation.
After the representatives of the law and order have arrived at the scene of the incident, it is necessary to describe in detail and in all details what happened and especially to emphasize that the culprit of the accident without insurance. All details must be recorded in the protocol, otherwise the solution to the problem can be significantly more complicated.
After the incident is documented by the traffic police, both participants in the accident receive a copy of the protocol in their hands, and only then the accident site can be left.
If the culprit of the accident does not have insurance, how to recover compensation in this case will be described later, it is necessary to write down his address of residence and contact phone number. If he categorically refuses to provide such information, then you can ask the traffic police officer who is involved in the design of the incident. In addition, the data of the person responsible for the accident will be indicated in the protocol, however, if the address of residence is different from the registration, then in this case it will be much more difficult to find it.
Automotive Technical Expertise
The examination should not be delayed, because if it is not completed within two weeks, the court may refuse to court you due to lack of evidence. Moreover, if the driver got into an accident, the culprit turned out to be without insurance, then you will have to deal with the examination yourself. In addition, all associated costs also fall on your shoulders. You will need to find a company authorized to carry out such activities and pay for its services. If subsequently the court proves the guilt of another participant in the accident, then you can fully compensate for these costs.
Who can do the examination?
Absolutely any company or organization that has all the necessary documents allowing the conduct of an automotive technical examination and the preparation of related documentation can carry out an inspection of the scene of a traffic accident . When choosing a specific organization, it will be useful to specify in advance whether the documents drawn up by it during the examination will be taken into account by the court during the proceedings.
If the culprit of the accident does not have insurance, then for the examination it is best to use the services of the following companies and representatives:
- state appraiser;
- private company specializing in automotive technical expertise;
- specialized service center;
- scientific institute of corresponding specialization.
The choice of an expert company should be taken very seriously, since the result of further litigation largely depends on this.
Evaluation Procedure
After the examination is performed at the scene of the accident, and the amount of damage caused to you is determined, the company representatives draw up the relevant act, which indicates all the details of the accident, establishes the true culprit of the accident, and also indicates the exact amount needed to repair the vehicle.
If the culprit of the accident does not have insurance, and so that he subsequently could not challenge the result of the examination, it is recommended to notify him in advance of the time and place of the assessment. It is better to do this by registered mail so that you have evidence that it has been notified. In addition, it is mandatory to familiarize the other side with the result of the examination, show the original act, and also transmit a copy of the document. According to statistics, this is quite enough for the court with the culprit of the accident without insurance to be won in your favor. Many participants in the accident prefer not even to bring the matter to court, but to settle the conflict quietly and peacefully, paying the victim the full amount.
Trial
If the culprit of an accident without insurance, what to do? The first step is to invite him to resolve the issue without going to court. If he flatly refuses to pay for the repair of a car, it is necessary to draw up a pre-trial claim. You can do this yourself or use the services of a legal adviser. In this document, it is necessary to describe in detail the accident, indicate all the documents that you have on hand about this incident, and also do not forget to mention the absence of an insurance policy for the person responsible for the accident. In addition, the appeal also indicates the full amount of compensation that you want to receive.
What expenses can be counted on?
If your fault in a traffic accident is not, and the culprit of the collision does not have compulsory motor third-party liability insurance, then you can receive monetary compensation not only for car repairs, but also for other expense items, which include:
- cost of technical expertise;
- damage assessment expenses;
- moral damage;
- vehicle evacuation;
- expenses for the treatment of victims of road accidents.
In addition, you have the right to demand compensation for any other expense items that are directly related to the accident.
Further actions
If during the accident the perpetrator is not included in the insurance, and within two weeks after the presentation of the pre-trial appeal to him, no action was taken on his part, then it is necessary to transfer the case to court. To do this, you will have to hire a good lawyer, whose services will cost somewhere in 30,000 rubles. In addition, you will have to pay a state fee, the amount of which is 400 rubles. It is worth noting that all these expenses will be fully compensated to you by the culprit of the accident if the court found him guilty. You can do without the help of a lawyer and represent your interests in court on your own, however, for this you need to be well versed in all the legal nuances.
Court proceedings
In most cases, the trial lasts approximately 2-3 months, however, the trial can be significantly delayed if the court requires any additional documents, as well as if the second party does not appear for any reason.
If the trial is delayed for a very long time, then to compensate for the damage, you can request the court to seize the car from the culprit of the accident and sell it through an auction. In this case, compensation is paid to you from the proceeds after the sale of the car.
Difficulties in obtaining compensation, if the culprit of the accident has no insurance, can begin if he currently does not have the necessary amount at his disposal or if he comes from a low-income family. Compensation for damage in these cases will occur gradually, by deducting a certain part of the wages of the culprit of the accident, which may take several years if the damage is very large.
What to do if the insurance policy is not valid?
Another common situation that many drivers face in an accident is an invalid insurance policy. Similar situations arise when the insurance company has ceased to operate or does not have a license authorizing the provision of insurance services. In the first case, compensation will be paid to you from the reserve fund of the Union of Auto Insurers. But the second case is more problematic, because in most cases, drivers injured in road accidents simply do not have time to conduct an expert examination and assessment of the damage caused, as a result of which the chance that the second side will reimburse you for all expenses is almost zero. In order to avoid such a problem, in the event of an accident, it is very important to contact the insurance company as soon as possible and make sure that it has the appropriate permits.
Conclusion
If the culprit of the accident does not have insurance, then you need to take all the necessary measures described earlier in this article as soon as possible. Any delay significantly reduces your chances of successfully receiving compensation for the damage caused by the culprit of the accident. There are more severe cases that occur in legal practice and require more time to resolve, however, if you act completely within the framework of the current legislation, then you can easily cope with all this. But be that as it may, be always careful on the road! Not a single financial compensation will return the spent nerves and health.