OSAGO: the culprit of the accident fled the scene. Rules for registration of an accident for OSAGO

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

In the Russian Federation every day there are a large number of accidents on the road. And not every culprit acts in good faith. Some people may leave the scene of an accident even if there are still injured people there. Therefore, most owners are wondering: "Will the insurance compensation be carried out if the culprit of the accident fled the scene?". OSAGO provides for clarification of certain nuances.

Acts of the injured party

If there was an emergency on the road, the injured driver should in no case go after the culprit. Such actions will not lead to anything good. If during an accident on the road people were injured, then it is necessary to help them, and then call an ambulance. Next, you need to make a call to the traffic police. The driver must not move the car until the traffic police arrive. Therefore, it is imperative to put up a sign about the occurrence of an accident, as well asenable alarm.

If the culprit fled the scene of an accident, what should I do? It is important that the driver has some information about the fugitive and the situation as a whole, so he needs to photograph and film the objects of the scene on his own. Moreover, photos and videos should be taken from different angles in order for the picture to be as complete as possible. Also, the driver must find witnesses to the accident. Perhaps they remembered some characteristics of the culprit or the registration plate number. 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 found quickly, since there are cameras almost everywhere: on the tracks, in nearby organizations, in cars - video recorders. If the injured driver did not have a DVR, then you should seek help from other car owners. After arriving at the scene of the accident, law enforcement officers must insist that the data from the traffic police cameras is also attached to the case. During the execution of documents at the scene of an accident by a traffic police officer, the injured driver must carefully double-check all the entered data, since the payment from the insurance company will depend on these documents.

When you can leave the scene of the accident

Participants in the accident can leave only in exceptional cases. If a person was injured during the accident, the driver can leave in order to take him to the clinic. Drivers usually leave the scene of an accident when the injuredis in critical condition. But before leaving the scene, he still needs to take photos, as well as a video on the subject of materials of what happened. It is better to take more photos so that the employees can identify the guilty person. You also need to return to the scene of the accident immediately after the trip to the clinic. If the process of transporting the injured person is delayed, then the driver must go to the traffic police department, present photos and videos and explain the situation.

Documents in the traffic police

The police officer is engaged in inspection and paperwork. In order to receive compensation, the injured person needs to know the rules for registering an accident for OSAGO. First of all, the employee draws up a protocol. Usually, inspectors do not issue a protocol to the victims, arguing that they will not need this document. In this case, you must request a copy of the document for yourself. At the traffic police, the driver will need to obtain a certified copy of the decision on an administrative or criminal offense or refusal (depending on the situation).

If the culprit is found

To date, the perpetrators of road accidents are found within a week. Traffic police cameras contribute to this. Also, often road offenders themselves come to the traffic police department a few days later with a frank confession. The perpetrators plead guilty, as they understand that the situation could worsen if law enforcement officers find them.

If the culprit is found, then the payment is made by himinsurance company.

What to do if the driver did not have an OSAGO insurance agreement and the perpetrator of the accident fled the scene for this reason? Drivers often leave the scene of an accident because they don't have insurance. They understand that they will have to cover the damage of the injured person on their own. In this situation, it is important to find the culprit of the incident. Because if he is not found, there will be no one to present the claim, and the injured driver will have to repair the vehicle at his own expense.

If later the guilty person was found and agreed to the payment, an expert is called to carry out the assessment. Based on these data, the amount of damage is determined.

In the event that the perpetrator refuses to pay the amount of damage caused, the victim will have to apply to the courts.

OSAGO

The culprit of the accident fled the scene: will the victim in this case be able to receive compensation? The injured party has the right to receive compensation from the insurance company with which it previously concluded a contract. But in this matter there are some nuances. The owner of the vehicle must have valid, genuine insurance in order to receive compensation. That is, the OSAGO insurance policy at the time of the accident must be valid. If the term of the contract has expired, then the insured has no right to receive funds.

Possible reasons for rejection

In order for the owner to receive the payment, the driver must beincluded in the insurance list. For example, if there was a traffic accident, and the son of the owner was driving the vehicle, and he, in turn, is not on the list of the insurance policy, then there will be no payment.

CMTPL payment in the event of an accident is not possible if errors were made in the process of issuing an insurance policy. For example, in the personal data of the insured or drivers. During the purchase of the policy, the policyholder must check the correctness of filling out the contract, and only then sign.

It is also important to notify the insurance company if there are any changes. For example, if the driver's driver's license details have changed, then you need to go to the insurer's office and contact the employee.

Regression

If the perpetrator of the accident fled the scene of the accident, then there is an opportunity to receive payment to the victim using his insurance policy. The country's legislation has provided such an opportunity to car owners, since insurers have the right to demand recourse from the culprit. That is, the injured driver contacts the insurance company and receives a payment. Next, the insurance company goes to court with a statement of claim against the culprit. Moreover, the culprit will have to cover the additional related costs of the insurance company.

If the culprit does not have the funds to pay immediately, the court determines the period of time during which the defendant must repay the debt. Often the court sets a time limit of a certain number of months with a fixedpayment.

Compensation amount

In the event that the culprit of the accident fled the scene, the CMTPL payments will depend on the damage received. It is worth noting that the OSAGO insurance policy has a limit of 400,000 rubles. Thus, if the injured driver's car was damaged for a large amount, 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 was 700,000 rubles. The insurance company will pay 400,000 rubles. The owner of the vehicle will have to demand the remaining 300,000 rubles from the person responsible for the accident. Usually, in order to receive a payment from an individual, you have to apply to the courts with a statement of claim.

The insurer refused to issue funds

What 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 customers, they write a letter of explanation. In this case, the driver needs to carefully read the reason for the refusal. Perhaps the reason is justified, and the owner of the car will understand this after reading the letter. But what if the insurer's refusal was illegal? First of all, you can seek the help of lawyers. They will advise the injured driver and determine the best option for him. Also, the driver can write a complaint to the PCA system by attaching scanned documents to the letter. Complaint canwrite on the official website of the union. The PCA includes all licensed insurance companies. And in case of illegal actions of one of the insurers, the PCA will be able to influence their decision in the future.

The ultimate solution to the problem is to go to court. When applying to the courts, it is better to first consult with a lawyer, because the court needs to provide correct and reasonable materials on this issue in order to successfully prove one's case during the meeting.

Conclusion

Even if the culprit of the accident fled the scene, you can still receive a payment under OSAGO. A traffic accident is always a shock, and the injured person may not remember the license plate number of the other car. But you can always turn to other drivers for help. You also need to pay attention to the presence of various organizations located near the scene. It is possible that information of interest to the victim has been 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 a payment through your insurance company. But if your insurer refuses to pay, then the driver needs to go to court. Accordingly, in order for the court to take the side of the injured person, he must correctly explain his requirements in the claim. The decision of the court will depend on the correctness of the data provided. If the driver is not sure of his knowledge and doubts, thenit is better to seek the help of a professional lawyer.