Accident without insurance - what to do with the victim

What to do if the perpetrator of the accident without insurance

Sad statistic: About half of the car owners do not consider it necessary to take out an insurance policy. This is despite the fact that the law makes it illegal to drive a vehicle without MTPL insurance.

Violating the law seems to be advantageous for drivers: the fine is often less than the cost of insurance. But what should the victim do if the person who caused the accident has no insurance and refuses to pay? Who will pay for the damage?

How an insurance policy works

If the owner of a car with a formalized MTPL becomes the culprit of the accident, the policy covers payments to the injured party. If the person who caused the accident has no insurance, there will be no one to compensate for the damage. What can you do?

However, according to the law, the perpetrator of the accident is still obliged to take responsibility. It is necessary to pay for the repair of the victim's car, a fine for lack of insurance, to compensate the moral damage to the victim of the accident.

In other words, MTPL can greatly simplify the life of the perpetrator of an accident on the road. With the policy you can count on the help of the insurance company, save yourself from long court procedures, fines and waste.

Plan of action in the event of a traffic accident when the at-fault party is uninsured

If you are involved in an accident due to the fault of a driver without MTPL insurance, you can

Try to solve the problem immediately, without going through a lengthy legal process;
File a pre-trial claim if the guilty party voluntarily agrees to pay for the damages;
file a lawsuit in court and force him to pay for the victim's losses.

It is most logical to start with the first method and go to the last if the steps taken have no effect on the perpetrator of the accident. Let's look at each of the steps in the process that will help a car accident victim get their compensation.

What to do at the scene

Of course, neither party is interested in spending the next few weeks doing paperwork. The most comfortable option for everyone is to use their communication skills and come to an agreement.

The injured car owner can often estimate by eye how much it will cost to repair the car. Ideally, the person who caused the accident will agree to pay for the damage immediately. And it is advantageous for him - he will not have to pay a fine for lack of MTPL insurance, waste time at the police.

Of course, not every driver carries large amounts of cash in case of an accident. The offender can be released against a receipt. It should contain the full names of participants in the accident, their places of residence, information about the vehicles. It is necessary to prove the guilt of one of the drivers, describe the damage, indicate the amount of compensation and the term of its payment.

It is better to write a receipt by hand, preferably - the hands of the perpetrator of the accident. Signatures on the document should be left to both parties. No lawyers for its drawing up you will not be useful.

The second way to solve the problem quickly is to go to the police. First, you need to determine whether there was physical damage to the driver and passengers.

If everyone except the car is unharmed, the victim's algorithm of actions is as follows

Record the accident with a video or still camera.
Issue a report.
Record the fact of the accident at the nearest police station.

Pre-trial claim to the perpetrator of the accident without insurance

If the uninsured driver refuses to pay compensation, it is necessary to call a police officer.

Make sure that he records all the information about the perpetrator of the accident:

His name;
Address of residence;
Contact details;
the absence of an insurance policy.

Next, the victim must file a legal claim.

Documents that will be needed for this:

Expert examination report. Independent assessment of the damage will cost, but without it you will not achieve anything. It is necessary to carry out an examination with the participation of the guilty party of the accident without insurance.
If the car cannot be repaired after the accident, you will need a report on the use of the vehicle. The cost of this is about the same as the cost of the independent expert's report.
The actual pre-trial claim. It is better if it is drawn up by professional lawyers for payment, but it is not difficult to write it yourself.
A sample pre-trial claim to the perpetrator of the accident without insurance can be seen.
In a pre-trial claim indicate: the place of the accident, the direction of the car, all the nuances of the accident. It is obligatory to use quotations from the current legislation as a support of your claims to the opponent. At the end - the amount of payments.

The injured party has the right to include in the total amount of compensation money spent on expertise, legal services, as well as their own time and nerves. Along with the claim are submitted copies of all documents involved in the process and checks confirming the money spent. Among other things, this is the report on the expert opinion, letters to your opponent, the resolution on the administrative violation, your papers on the car.

Most violators agree to compensate the victim for the damage already at this stage. After all, if the case goes to court, the violator will have to pay the costs of litigation.

Claim to the perpetrator of a traffic accident without insurance sample of writing

If an uninsured driver refuses to pay you compensation after a pre-trial claim, you must go to court. To do this, you will need all the previously prepared documents (originals) and a new one - a statement of claim. A professional lawyer will help you to prepare a claim (not for free, of course).

You can prepare the claim yourself. It is necessary to include all the data mentioned above in the pre-trial claim and add a description of the attempt to resolve the situation before going to court.

And to make it easier to prepare a claim, I lay out a real statement of claim road accident perpetrator without insurance sample writing, you can see it by clicking on the link.

Remember that you have the right to claim not only for physical damages, but also for moral damages.

The term of appeal to the court - in accordance with the legislation.

Most often, such cases are considered by the court of the district where the perpetrator of the accident is registered. However, it can be different, depending on the amount of the claim. The case will fall on the shoulders of a justice of the peace or a district judge.

In addition to the already executed documents, it is necessary to submit to the court

Documents on the pre-trial proceedings;
A receipt for payment of the state tax;
a copy of the complaint against the offender.

If you are using the services of an attorney, you must also draw up a power of attorney in his name.

Length and nuances of the legal process

On average, the court case with the uninsured driver takes about 2 months. But your opponent may not come to the meeting, and then the case may be delayed.

In such a case, it is advisable to file a petition with the court for impounding the guilty party's car.

As the court practice shows, the perpetrator of the accident is obliged to pay compensation, regardless of whether he is employed or not.

If he does not want to pay voluntarily on the basis of the court decision, then take the writ of execution and go to the bailiffs.

As a rule, such culprits pay the amount of the claim immediately after the call to the bailiff-executive, as in the case of refusal immediately after the arrest of the car....

Now, even if there will be a "quick" culprit and will reissue his property, the executive list will send him to work and will withhold about half of his monthly income in favor of the victim. If during the accident damage was caused not only to the car, but also to people, the amount of payments increases to 70%.

Expired and Forged MTPL Insurance Policies

It happens that the owner of the car has a policy, but it is invalid - fake or expired. For a fake MTPL insurance document, the law provides for the withdrawal of the driving license and a considerable fine, administrative or criminal liability.

The victim of an accident will have to go through all the steps described above, from the proceedings on the spot to the court. However, in order to start a lawsuit against the offender, an expert examination of the forged policy is required. In order to conduct this procedure, the offender must file a claim with the Association of Automobile Insurers and submit all the necessary documents.

Often, a fake policy is a number under which several vehicles are registered (double policy). In this case, the victim can obtain compensation from the company. If the insurance of the perpetrator of the accident has expired, then from the point of view of the law, he does not have a CMTPL policy. All the actions of the victim and the responsibility of the perpetrator of the accident are the same as in the case of the absence of this document.

How to deal with the guilty party's reluctance to pay damages

The court case is over, the decision is in your favor. You expect the person who caused the accident to pay for the damage according to the law, but what if he is in no hurry to do so?

After the court decision, each of the parties to the dispute receives an order. As a rule, the documents are delivered within 10 days. If from that moment there is no positive change in the behavior of the offender, the victim can turn to the judicial officer. The judicial officer supervises the execution of the court order and influences the offender with proven methods.

For example, the bailiff can prohibit the offender from using his vehicle, confiscate property belonging to the offender, etc. At the same time, the injured party should often contact the bailiff and ask how things are going. This will encourage the bailiff to work more actively and diligently on your case. Enforcement proceedings will continue until the debtor's debt is not paid in full.

If you are unlucky and become a participant of an accident on the road, the culprit of which has no MTPL policy, it is expired or fake, try to avoid long litigation. People are reasonable creatures and can find common ground in any situation. And litigation can take several years of your life and at the same time will not be successful.

If you decide to file a lawsuit, be very careful about the paperwork. Your success in this situation depends on the correctness of the documents.

4 Cases when the insurance payment is not enough for repairs

4 Situations where the insurance payment is not enough for repairs are not uncommon. Why does this happen? Is it fair for an insurer to pay less than the cost of repairs? Volodymyr Shevchenko, General Director of MTIBU, spoke about how to avoid such situations and get the missing funds. From September 21, 2019, the maximum amounts of payments under contracts of compulsory insurance of civil liability of vehicle owners (CTPCI) have increased by a third and now amount to UAH 130,000 - for damage to "hardware" (car and other property) UAH 260,000 - for damage to life and health. According to the estimates of MTIBU, only in 1-2% of accidents the property damage exceeds the previous limits (UAH 100,000). However, in the total amount of payments, such insured events accounted for about 6-7% of the money paid by insurers under the "Motor Citizen". In other words, we had few victims who were involved…