Traffic accidents are considered unpleasant events for any car owner. They can lead to destruction of property or harm to the health or life of citizens. Certainly, in the process of registration of the accident, the culprit is established, but often mutual guilt in an accident is proved. Under these conditions, both participants in the incident violated the traffic rules, which led to the accident.
Mutual guilt concept
In the Code of Administrative Offenses and traffic rules there is no exact definition of such a traffic situation, but in practice the traffic police inspectors and insurance companies establish the fault of two participants in the accident. Under such conditions, both car owners in a certain way violated the rules of the movement. If there is evidence of mutual guilt in an accident, both car owners are held administratively liable, therefore they are required to pay fines.
Under such conditions, it is allowed to receive CTP payments, but it is important to find out what is the degree of guilt of each car owner. For this, a court session is given, where all the features and materials of the case are studied.
An example of a traffic accident due to mutual fault is the situation when one car owner drove to a crossroads at a red light. As a result, an accident happened with another car driven by a citizen who did not have a driver’s license. In this case, both drivers are violators, therefore they are held accountable.
Mutual Guilty Cases
There are some situations that clearly show the presence of such guilt. These include:
- the accident is characterized by specific features, due to which difficulties arise in identifying the culprit of an accident, moreover, such situations usually occur during minor incidents when minor damage is caused to cars;
- after studying the scheme and the testimonies of witnesses, it is established that the actions of both drivers were unlawful, therefore they are both responsible for the incident;
- When drafting the European Protocol, citizens agreed that both were to blame for the situation.
Mutual fault insurance in road accidents can be obtained by car owners, but for this it is important to establish the degree of guilt of each citizen. Additionally, they must have valid OSAGO policies.
Even if the traffic inspector considers that both drivers are guilty, the court may take a different decision. In this case, the mutual guilt in an accident is not confirmed, so only one car owner is held accountable. It is the court that can determine the degree of guilt of each participant in the accident. In judicial practice, mutual guilt in an accident cannot be established in the absence of evidence.
How is guilt determined?
It can be established exclusively by the court, therefore, such cases are considered using court hearings.
Each driver may have a different or equal degree of guilt, determined on the basis of available evidence.
Equal fault
It is established provided that the actions of both participants in the accident led to an accident. In order to recognize the mutual fault of drivers during an accident as equal, certain conditions must be met:
- drivers violated in any way traffic rules;
- the violations committed are directly related to the accident;
- the actions of car owners led to the fact that their cars were dealt almost the same damage.
The judge considers all the circumstances of a particular case, therefore, when determining the degree of guilt, it takes into account how many rules were violated by drivers, what punishment they will incur for these violations on the basis of the Code of Administrative Offenses, and whether there are other victims of road accidents.
The courts establish an equal degree of guilt quite often. Based on the examination, it is established what violations were committed by each car owner. If the number of violations and the size of the fine are almost equal, then an equal degree of guilt is established.
Different
Mutual fault in accidents can be different for different car owners. In this case, it is obvious that one of the participants committed actions that directly led to the accident. The second car owner violated the petty traffic rules.
Such a distribution is quite rare, since even experienced experts can rarely establish the specific degree of guilt of each accident participant. An example of such a fault is the situation when the driver stopped on the road without turning on the emergency light and putting up an emergency stop sign. This led to the fact that the car owner, moving at high speed and speed violation, crashed into a stationary car. This led not only to causing damage to the car, but also causing harm to the health of citizens. Under these conditions, mutual fault is established, but the fault of the first car owner is much less than the fault of the second citizen, moving at high speed.
Under such conditions, the wine is divided in a percentage.
Who indemnifies?
Many drivers are sure that if mutual guilt is established, then each participant in the accident is both the victim and the culprit, so no one will receive compensation for the damage caused. In practice, there is a completely different situation. Payments for accidents with mutual fault are assigned when taking into account the nuances:
- insurance compensation is paid to motorists based on the degree of guilt established by the court;
- if there are more than two participants in the incident, the victim may apply for compensation to any insurance company;
- the insurance company that paid the funds as compensation for damage caused by several car owners can expect a recourse;
- if the court cannot establish the degree of guilt of motorists, then the obligation to indemnify the damage arises for each participant in an accident in equal shares.
The main nuances are established precisely by the court. Compensation for mutual fault in an accident is calculated on the basis of the degree of guilt, and funds are paid only after a decision by the court.
If there is no court decision or the judge was unable to determine the degree of guilt of the car owners, then the indemnification is divided in the ratio 1: 1.
When are participants paid in equal shares?
Such payments in road accidents with mutual fault are most common. Funds by insurance companies can be paid both before the court and after the adoption of the relevant decision by the court.
Under such conditions, each participant in the accident will be able to receive only half the amount necessary to cover the damage. For example, during an accident two cars were damaged. According to the results of the assessment, a conclusion was drawn up on the basis of which 70 thousand rubles were required to repair one car, and 90 thousand rubles were needed to repair the second car.
According to the court, mutual guilt is recognized, so each of the drivers can count on receiving insurance payments. In this case, the first driver receives 35 thousand rubles, and the second can count on the payment of 45 thousand rubles. Drivers will have to take the remaining funds from their personal savings, so it will not work in different ways to collect them from another car owner.
Often the owner of a really expensive car becomes a participant in an accident, so even half the amount exceeds 400 thousand rubles, represented by the maximum CTP insurance payment. Under such conditions, through the court, you can recover the right amount of funds from the second participant in the incident.
What could be the degree of guilt?
If the court can determine what degree of mutual guilt in the accident, the payments will depend on these values. Insurance companies will not be able to distribute the damage equally, so the proportion established by the court should be taken into account.
Most often the court distributes guilt in the ratio of 10% and 90% or 30% and 70%.
The nuances of receiving payments on hull?
In case of mutual fault in case of an accident, the payments assigned by the insurance company depend on what kind of insurance policy the participants of the accident have. Often, drivers have CASCO policies. When assigning payments, it takes into account the conditions under which the insurance contract was concluded.
If an accident occurs in insured events, then CASCO covers all damage. The insurer is not interested in who is responsible for the accident. If the driver was drunk or violated other terms of the contract, then with mutual guilt in an accident, the payment under CASCO is not assigned to him.
Accident Registration Rules
In order for insurance companies to pay damages in case of an accident, mutual guilt must be correctly drawn up. Therefore, drivers must understand well what actions they should take after an accident. These include:
- cars initially stop;
- warning signs are displayed;
- emergency lights turn on and traffic inspectors are called;
- immediately inform employees of insurance companies about the incident;
- recorded in photographs or videos all the nuances related to the accident;
- It is advisable to find as many eyewitnesses and witnesses as possible;
- during the compilation of the protocol, the traffic inspector should make sure that he correctly makes information in this document;
- each driver must refuse guilt, since if the fault is assigned to one participant, the second car owner will be considered injured, therefore only compensation will be paid to him;
- if there is evidence of unlawful actions on the part of the second participant in the accident or traffic inspector, then the car owner should immediately contact the court to challenge the decision.
It is allowed to draw up a Europrotocol with mutual fault in an accident. Compensation will not exceed 50 thousand rubles. But for the formation of this document certain conditions and requirements must be observed.
How to get funds from an insurance company?
Once the documents related to the accident are properly completed, you can contact the insurance company for compensation. If the parties do not agree that they will be transferred only 50% of the damage received, then they can go to court to establish the degree of guilt of each participant in the incident.
If the car owner is not satisfied with the compensation appointed by the insurance company, then he will take sequential actions:
- the insurance company is notified of the incident;
- a lawsuit is filed in court, on the basis of which the guilt of each participant in the accident is evaluated;
- the court decision will indicate what the fault of both car owners is in percentage terms;
- court hearings are usually held within a few months, so prepare for a lengthy process;
- with the decision, you must contact the insurance company to determine the correct amount of payment.
On the basis of the court, mutual guilt in an accident will be evaluated. Payment under compulsory motor liability insurance is determined only when the court decision is taken into account. Usually, citizens resort to court if they have official evidence of their innocence or if significant damage has been inflicted on their property.
What to do if the insurer refuses to pay funds?
Often, insurance companies simply refuse to pay money to car owners. They must have good reason for this. The main reasons for refusal of compensation include:
- the driver was not included in the current OSAGO policy;
- drove a citizen intoxicated;
- a court decision was appealed by one of the participants;
- the culprit left the scene.
Even under such conditions, OSAGO payment may be received. Mutual fault in an accident can be proved through the court, so if the company refuses to pay compensation, you will have to file a lawsuit.
What actions are performed by traffic police?
Most often, citizens with mutual guilt prefer to resort to the help of a traffic inspector. In this case, the traffic police must take into account several nuances:
- a certificate of accident is issued , issued to each car owner;
- without fail, a protocol is being formed which indicates that both participants in the accident are the culprits;
- a resolution is being prepared that indicates which traffic rules were violated by both car owners.
When compiling the protocol, information about the locations of the machines is certainly entered, and the results of measurements are also indicated. Lists all damage to vehicles. Explanations are given for both participants. An accident diagram is applied to the protocol, which machine owners should be familiar with.
Is it possible to draw up a euro protocol?
In case of minor damage, it is allowed to draw up a Euro protocol even in a situation where both participants are responsible for the incident. The following points are taken into account:
- according to this document, the payments are the same for both participants, therefore it will not be possible to apply to the court to establish the degree of guilt;
- payments are still transferred by the insurance company even in the absence of documents drawn up by the traffic inspector;
- the presence of three or more accident participants is not allowed;
- should not be injured as a result of an accident;
- the maximum payout for the Europrotocol is 50 thousand rubles. in the regions, and in cities of federal significance is 400 thousand rubles.
To use this method of registering an accident, it is necessary that the participants in the incident have a protocol form with them. They must have knowledge of how to correctly enter data into this document. Citizens must report the decision to employees of the insurance company. If there are serious errors in the document, the insurance company may refuse to transfer compensation.
Responsibility for leaving the scene of the accident
If mutual guilt is established, then both participants in the incident are the culprits. Therefore, even if one of them leaves the place of an accident, this is a serious offense. For such actions, citizens are held accountable.
It is possible to leave a place of an accident only under conditions when citizens decide to disperse peacefully, so they draw up a Euro protocol or simply they decide to leave. Such a decision is necessarily formalized, for which a special receipt is drawn up.
In other situations, valid reasons are required to leave the scene of an accident. Regardless of the degree of guilt, the driver who left the scene of the accident will be held administratively liable. In addition, such behavior will be negatively perceived by the court, so a citizen who has left the scene of the incident may be recognized as the sole culprit of the accident.
Conclusion
There is the possibility of recognizing mutual guilt in an accident in both accident participants. Guilt can only be determined by a court that carefully examines and analyzes the circumstances relevant to this event. On the basis of the assigned guilt, the compensation paid by insurance companies is calculated.
An accident can be prepared under such conditions with the help of a traffic inspector or by the participants themselves, for which they draw up a Euro-protocol. In case of mutual fault in case of an accident, insurance payments cover only half of the damage caused. If the court determines the degree of guilt as a percentage, then based on these values, payments are made to car owners.