What to do if the person responsible for the accident has no insurance?

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

Despite the fact that the purchase of insurance for a vehicle is a mandatory requirement for motorists, however, not everyone manages to issue or renew the policy on time. As a result of this, you can find yourself in a very unpleasant situation when, in the event of an accident, the person responsible for the accident simply does not have insurance. How to be in such a situation and what to do in order to receive monetary compensation from him for the damage caused? In this article, you will learn about the main actions to take if the at-fault driver does not have insurance.

How to behave at the scene of a traffic accident?

If you are in an accident, the first thing to do is pull yourself together and calm down. In no case should you fall into a hysterical state. It is strictly forbidden to use physical or psychological pressure on the perpetrator of the accident, because in this case he can file a counterclaim, and the 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 to the scene. At the same time, it does not matter how badly your car was damaged, because if the culprit of the accident does not have an insurance policy, the standard European protocol is useless and you will no longer be able to receive at least some compensation.

After arriving at the scene of the accident, law enforcement officers must describe in great detail and in detail what happened to them and especially emphasize that the culprit of the accident is without insurance. All details must be recorded in the protocol, otherwise the solution of the problem may become much more complicated.

After the incident is documented by the traffic police, both participants in the accident receive copies of the protocol, and only then can they leave the scene of the accident.

If the culprit of the accident does not have insurance, how to collect 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 it can be asked from the traffic police officer who is involved in the registration of the incident. In addition, the data of the culprit of the accident will be indicated in the protocol, however, if the address of residence differs from the registration, then in this case it will be much more difficult to find it.

Automotive expertise

Sthe examination should not be delayed, because if it is not completed within two weeks, the court may refuse to litigate 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 completely on your own. In addition, all related costs are also borne by you. You will need to find a company authorized to carry out such activities and pay for their services. If later the court proves the guilt of another participant in the accident, then you will be able to fully compensate for these costs.

Who can do the examination?

Absolutely any company or organization that has all the necessary documents authorizing the conduct of an auto technical examination and the preparation of related documentation can perform an inspection of the scene of a traffic accident. When choosing a specific organization, it would be useful to clarify 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:

• government appraiser;
• private company specializing in automotive expertise;
• specialized service center;
• scientific institute of relevant specialization.

The choice of an expert company should be approached very seriously, since the result largely depends on itfurther litigation.

Procedure for the evaluation procedure

After an examination is performed at the scene of an accident, and the amount of damage caused to you is determined, company representatives draw up an appropriate act that indicates all the details of the accident, establishes the true culprit of the accident, and also indicates the exact amount needed for repairs vehicle.

If the culprit of the accident does not have insurance, and so that he could not later 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 he was notified. In addition, it is mandatory to familiarize the other party with the result of the examination, show the original of the act, and also transfer a copy of the document. As statistics show, this is quite enough for the court with the culprit of an accident without insurance to be won in your favor. Many participants in the accident prefer not to even bring the case to court, but to settle the conflict quietly and peacefully, paying the victim the full amount.

Litigation

If the culprit of the 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 the car, then it is necessary to draw up a pre-trial claim. You can do this yourself or use the services of a legal adviser. In thatdocument, you must describe the accident in great detail, indicate all the documents that you have on hand regarding this accident, and also do not forget to mention that the person responsible for the accident did not have an insurance policy. In addition, the appeal also indicates the full amount of compensation you want to receive.

What expenses can I expect to be reimbursed?

If you are not at fault in a traffic accident, and the culprit of the collision does not have OSAGO, then you can receive monetary compensation not only for car repairs, but also for other items of expenses, which include:

• cost of auto technical expertise;
• damage assessment costs;
• pecuniary damage;
• evacuation of the vehicle;
• expenses for the treatment of victims of road accidents.

In addition, you have the right to claim compensation for any other items of expenses that are directly related to the traffic accident.

Next steps

If during an accident the culprit is not included in the insurance, and within two weeks after the presentation of the pre-trial appeal, no action was taken on his part, then it is necessary to take the case to court. To do this, you will have to hire a good lawyer, whose services will cost about 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 perpetrator of the accident if the court finds him guilty. You can get byand 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 legal nuances.

Proceedings in court

In most cases, the legal process lasts approximately 2-3 months, however, the proceedings can be significantly delayed if the court requires any additional documents, or if the other party does not appear for any reason.

If the trial drags on for a very long time, then in order 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 perpetrator of the accident does not have insurance, may begin if he does not currently have the necessary amount at his disposal or he is from a low-income family. Compensation for damage in these cases will occur gradually, by deducting a certain part of the salary of the person responsible for the accident, which can take several years if the amount of damage is very large.

What should I do if my insurance policy is invalid?

Another common situation that many drivers face in an accident is an invalid insurance policy. Such situations arise when the insurance company has ceased to carry out its activities or does not have a license to provide insurance services. In the first casecompensation will be paid to you from the reserve fund of the motor insurers union. But the second case is more problematic, because in most cases, drivers injured in an accident simply do not have time to conduct an examination and assessment of the damage caused, as a result of which the chance that the second party will reimburse you for all expenses is reduced to almost zero. 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 greatly reduces your chances of successfully receiving damages compensation from the at-fault driver. There are also more difficult 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 handle all this without any problems. But be that as it may, always be careful on the road! No financial compensation will return the spent nerves and he alth.