Due to the fact that prices rose on compulsory motor third-party liability insurance, a fake policy today is much more widespread than it was before. Drivers consciously take the risk that in the event of an accident they will have to pay monetary compensation from their pocket. But, of course, they expect that this will not happen.
It also happens when ordering a document, they later find out that the CTP policy turned out to be fake. Today's article is devoted to this problem, the scale of which is only increasing.
Why make out a fake CTP?
It is known that last year sales of fake policies were only 10% higher than in 2014. How many of them are actually available is unknown. In addition to the fact of the sale, there were many cases when insurance companies with false documents were asked to recover damage after an accident. It turns out that there are many cases when car owners do not even know that they have acquired a fake OSAGO policy.
According to many experts, the insurance policy turnover is becoming rampant for several reasons.
Firstly, there are scammers who distribute fake forms, making money from it.
Secondly, policies can simply steal.
Thirdly, there are forms lost by SK and falling into the hands of scammers.
Fourth, some insurers lose or lose their license, suspended their activity, went bankrupt.
According to the PCA leadership, when drivers prioritize, they basically know that compulsory motor liability insurance is a fake policy. They want to pay less and do not think that if they get into an accident, they will not receive any payment.
In addition to cheapness, getting such a policy is very easy. That is, for this, you do not need to go through the usual technical inspection procedure, receive a diagnostic card, and so on. Everything is much simpler: agreed, paid money, received a policy.
Sometimes, scammers use widespread advertising to attract a large number of customers. And if a person is very busy, he simply may not pay attention to the moments that should be done. Thus, some of the policies are acquired simply because of inattention and ignorance. Therefore, law-abiding citizens can be deceived.
Sometimes it happens that a fake document was purchased in a company that does not even belong to the insurance category.
“Almost legal”
Insurers check policies against a database. And if your number is not there, then there can be no question of any payment. Therefore, before acquiring OSAGO, it is better to stock up with enough information so as not to fall for the scammers or decide on an unlawful act by buying a fake of your own free will. Fraudsters can say that the policy is “almost legal” or “almost legal”, referring to the fact that if you want you can verify its authenticity.
Do not fool yourself. The concept of "almost legal" does not exist. The policy is either legal or not. Therefore, when they offer you an order of magnitude cheaper “almost legal” MTPL document, think about it.
Even if the forms are genuine, the way how they fell into the hands is important. After all, if, for example, they were lost by the insurance company, then a priori they ceased to be legal.
What are the fake OSAGO policies?
Fakes are of the most rude kind, where low quality is simply striking. However, now they have learned to print and fakes of higher quality. Such ones are easy to “calculate” both visually and through the website of the RSA or insurers by driving in a CTP number.
A fake policy may have a real state sign, as well as other signs of authenticity. Just for some reason the company is no longer functioning, and the forms have fallen into the hands of fraudsters. Its illegality is established in the same way as in the previous case.
How to distinguish a fake OSAGO policy?
So, you can verify the authenticity of only one kind as follows.
The present policy is about a centimeter larger than A4 sheet.
On the front side there is a thin bluish-green microscopic grid. It fills the entire space of the front side and consists, as it were, of micro-sections woven into a circle.
Bringing the form to the light, you can notice the watermarks and the PCA logo.
The first thing you can see on the back is a two-millimeter metal strip to the right.
Also in the paper itself there are red villi. If you look closely, you can definitely see them.
Touch the policy number has a convex structure. It consists of ten digits.
Since the end of 2014, letterheads have changed to “EEE” on letterhead. Until that time, the designation in the policies was “CCC”. But old forms were no longer issued from April 1, 2015. Therefore, if you purchase a policy that, by all visible signs, seems to be real, but with the letter series “CCC”, having issued it since the current year, it is clear that the document cannot have legal force.
On the basis of the PCA, you can check all forms of CTP. A fake policy will issue a series, number, release date. In addition to the official website of RSA, there are sites of other insurers, whose rating is highly rated and which the Russian Union of Auto Insurers trusts. This information is checked there.
What to do if the guilty liability insurance policy is fake?
Many people do not know how to behave if, in an accident, they find out that her culprit has a false document. In this situation, the following can be advised.
Check for all of the above signs that the document is fake.
If everything is in order, it is additionally recommended that you check its number on the PCA website if you have Internet access. But you can also call the insurance company and find out this information there.
Of course, it is best to call a traffic police inspector. But according to the law, the injured party is in any case entitled to compensation. Therefore, you can continue to draw up documents even when his name is not entered in the policy of the perpetrator. Know: if the insurer refuses to pay, you have the right to sue and receive monetary compensation.
How to get compensation?
If the culprit of the accident has a fake OSAGO policy, the court needs evidence. To do this, you can request information from the SAR, indicating the fact of the accident. If you attach to the court all the documents received from the SAR, the case will be considered faster.
The insurance company itself can also file a lawsuit to resolve the issue of who to pay the CTP insurance payment to. Compensation can be paid:
The court will decide on the basis of the circumstances of the case.
Responsibility for using a fake policy
Responsibility comes not only when the culprit has a fake OSAGO policy. The law violates the one who simply uses it. Such an offense is qualified as fraud and falls under Article 159 of the Criminal Code of the Russian Federation. The punishment for it can be fined up to 120,000 rubles or sentenced to correctional labor for up to 2 years.
Criminal liability, however, occurs only in relation to those persons whose fake CTP insurance policies are completely fake. That is, if they were purchased from companies that went bankrupt, then the maximum that the car owner risks is the refusal to pay SK. However, in order for criminal liability to occur, in any case, law enforcement agencies have a rather complicated procedure for attracting them to it. After all, it is necessary to prove the fact of the deliberate use of a fake. And it is not the buyer's responsibility to verify the authenticity of the document. He can believe the seller if he claims that the document is real. In Russia, the presumption of innocence is valid, which means that a person is presumed innocent until proven otherwise.
Criminal liability may occur under another article, namely, 327 of the Criminal Code of the Russian Federation. It provides penalties for the falsification, use and distribution of such documents. The offender can wait for a fine of up to 80,000 rubles or correctional labor. But most often, such cases are qualified by the administrative code, that is, as an administrative offense, not a crime, and the fine under the Code of Administrative Offenses will be much lower. This is not done for humane reasons, but simply because the process of proving intentional actions is very complex.
Responsibility does not come ...
There is a case where, regardless of whether the fake policy was intentionally purchased or not, liability does not occur. What to do if the insurance policy is fake? Just contact the police and point out this fact. In this case, liability is not provided. The case, of course, will be brought. But the car owner, who acquired the fraudulent document, will appear in it as a witness, not an accused. Then they will identify and prosecute persons who are involved in the production and distribution of an illegal product.
More expensive but better
To be sure that the policy you are acquiring is legal, just follow a number of simple rules.
The policy should be bought only in large UK.
Before purchasing, check whether the company’s license is valid (on the website of the Central Bank of Russia).
Check the CTP number on the PCA or UK website.
After the purchase, do a visual check of the document on the above grounds.
If at least one sign of illegality is revealed, you should contact the police with a statement. If this is not done, then a situation may happen that will lead to serious negative consequences.
Conclusion
Of course, a legal compulsory insurance policy is more expensive. This is the main reason: car owners seek to save. But is it worth it, deliberately breaking the law and risking to pay much more in the event of an accident? People say: "Avaricious pays twice." Think about whether this is your case?