With each passing day more and more vehicles appear on the roads. In parallel with the increase in the number of vehicles is increasing and the number of road accidents. Therefore it is very important that every car owner had an idea of \u200b\u200bwhat should be done in case of emergency, especially if the culprit is not an accident insurance policy CTP. About this further in the article.
Content
- The statistics say that there is no statistical data on the policy CTP car owners - road
- The accident occurred, tips on how to behave in this case, the driver
- How to call traffic police officers
- How to get the contact details of the accident participant
- How to find an appraiser damaged car
- Appraisal organizations, which documents must be in the appraisers
- How to notify the accident participant without CTP that will work to assess the damage caused to the car
- If the accident participant agrees to indemnify, as recorded
- If the participant does not agree to compensation, how to prepare a pre-trial claim
- What can be included in addition to the amount of damage assessment expertise of vehicle damage cost
- Who will pay the costs of litigation costs
- How long can last court, the reasons for it may be delayed
- What to do if an accident participant has the right insurance at the hands of
The statistics say that there is no statistical data on the policy CTP car owners - road
The ruling on the obligatory purchase of OSAGO forced the car owners to relax - it seems as if independent resolution of conflicts in the event of an accident remained in the past, and all the problems that occur during accidents should solve insurance companies. But, as statistics shows, each fifth car owner in Russia has no current policy or buys insurance in a company that does not have licenses for this kind of activity. This is due to the recently increased cost of OSAGO and facilitating punishment for the lack of insurance.
Accidents occurred, tips, how to behave the driver in this case
First of all, you should calm down and do not make rash actions. It is especially important to know that it is impossible to have psychological pressure on the other side of the incident, since in the presence of evidence the car owner can file a counterclaim that significantly reduces the amount of the compensation.
How to call traffic police officers
If the culprit of the accident does not have an insurance policy, the traffic police should immediately call, even if the damage is insignificant. Since there is no insurance, it will not be possible to resort to the standard "Eurotocol" to solve a difficult situation.
Having waited for the arrival of law enforcement agencies, present their documentation, describe the details of what happened and emphasize that the Security Insurance required by law does not have an accident at the perpetrator. This must be specified in the protocol, otherwise significant problems will appear in subsequent proceedings. A similar record is made to the document if the policy is stroke.
How to get the contact details of the DTP member
In mandatory, take contact information (address, phone) at the culprit. In the event that it refuses to provide any information, they can be obtained from a law enforcement officer. Well, finally, the information you need will be listed in the protocol, although it is somewhat more complicated to find the culprit that does not have the policy.
After registration of the protocol, as well as issuing copies to the parties, the traffic police can retire, unless, of course, the incident does not require the detention of the car (for example, with alcoholic intoxication). As for the parties involved, they also leave the place of the accident, and the culprit who did not prevent the OSAGO policy, an additional fine is superimposed according to the rules.
How to find a damaged car appraiser
If the culprit of the accident does not have a policy, all the work of insurers will have to perform their own. First, find a specialized agency that is evaluated by damaged vehicles. Such may be:
- Scientific Institute of Suitable Specialization.
- Department of service enterprise.
- Private expert bureau.
- State appraiser.
Estimated organizations, what documents should be the appraisers
It does not matter where it is to handle, however, the organization must have a complete set of permits, allowing to apply the facts decorated in court - it is advisable to clarify in advance. Among the documents should be attended:
- Constituent documents of the subject or company of entrepreneurship.
- Extract of the testimony of the FGHA, where the list of appraisal types is indicated.
- Certificate of the subject of appraisal activities, as well as evidence evidence.
How to notify the participant in an accident without a master that work is to assess the damage caused by the car
In accordance with the results of the examination, the act is drawn up, where all the damage is indicated that were obtained by the car, as well as the size of the damage received by the owner. For the culprit, who has not yet purchased a timely policy, could not prevent accusations regarding dishonest assessment, it is necessary to inform it in advance about the time of the survey. The best method is a telegram or a notification letter, since the contents of the phone call are actually impossible in court. It is also desirable to hurry with the examination, since a few weeks later, a lawsuit may be rejected by the court as a result of insolvency of evidence.
If the accident participant agrees to compensate for the damage, how to fix it
Experts who know how to recover damage in a simplified manner advise to appoint a culprit that does not have a policy meeting. He needs to show a copy of the act, which was issued after the examination, and show the original to remain from the victim. As practice shows, 60 percent of such cases ends already at this stage. In the event that the culprit agrees to immediately pay money, it is advisable to go to the legal adviser or notary, which will record the fact of the transfer of the required amount properly. If it is impossible to agree with the culprit, it is necessary to prepare documentation for the transfer of a case.
If the participant does not agree to compensation, how to prepare a pre-trial claim
If the culprit who has no insurance does not want to compensate for the damage caused by him, it is necessary to prepare a pre-trial claim. It is better to do it yourself, since the legal services will cost 5-7 thousand rubles, while there is a chance of a successful solution to the situation at this stage. As for the claim, here it is necessary to describe the details of the accident - as in explanation, compiled for the traffic police representatives. Do not forget to indicate links to regulations, which establish the responsibility of the culprit without insurance. In addition, the claim must be made a certificate obtained in an organization that conducted an examination, detailed damage calculation, appraisal registration documentation.
What can be included in the amount of damage other than the estimated expertise of the car damage
It is worth noting that the amount of damage, which is specified in the claim, can be much higher than the calculation, as it is allowed to include:
- The cost of treating the affected motorist.
- Moral damage.
- Evacuation costs.
- The cost of examination.
- Other expenses that are directly related to the accident.
Who will pay trial costs
If no reaction follows for two full weeks, it's time to refer to a qualified lawyer who will help you to conduct a lawsuit, as well as get compensation from the culprit. Services will cost approximately 20-30 thousand rubles, and the state duty should be added to this cost, which is 400 rubles. But, in the proof of the fault of the other party, these expenses will suffer precisely the culprit. The law is allowed the likelihood of self-protecting their rights to victims, but they should know all the nuances of the legal procedure, since otherwise the culprit can find loopholes and, therefore, to avoid punishment.
How long can the court last, for what reasons he can delay
As a rule, the trial lasts two to three months, but there are cases of delaying the case, for example, with the unavailable of the culprit or, when demanding by the court or the protection of one of the parties to the presentation of additional documentation. If it lasts more than a few months, and you do not know who will reimburse damage, you can request the vesicle's arrest of the culprit. In the case of a positive solution, compensation is often paid from the cost of selling a car with auction.
Difficulties may begin if the culprit without the policy will be able to prove that it does not have the right amount or is a member of a low-income family. As a rule, the Court appoints a retention of fifty-seventy percent of wages, but with a large amount of damage, obtaining the entire amount can take years. The question is rather controversial, what to do when the culprit does not have official income, it is not employed or exempt from the restriction of income by law. It can use administrative penalties, even arrest, but the victim will not receive any benefit. Often in such a situation, receiving compensation from the culprit also takes years.
What to do if the participant of the accident has not proper insurance
No less relevant is the question of what to do if the police policy is issued by the company that has ceased to operate, or does not have a license. The first case is much more preferable, since the compensation will pay the Union of the motorways, which has a reserve fund for such cases. You need to contact directly in the specified organization.
It is much worse if the insurance of the culprit was originally acquired in an organization that does not have a license. As a rule, it is not detected at the scene of the incident - problems begin after contacting the Union of motorways or directly to the insurance company. At the same time you lose time, during which it was necessary to make an independent examination, and, therefore, the chances of receiving compensation after the trial. Therefore, it is necessary as soon as possible to contact the insurance company to maintain the time of time to perform the event described above.
The process of obtaining compensation in the event of problems with the insurance of the culprit, as a rule, occupies 3-6 months, while there is always a risk of deliberately delaying the case. Experts advise a person who has fallen into an accident and faced with such troubles, try to solve the problem in a pretrial order. As statistics show, after presenting a claim in writing, the percentage of voluntary compensation increases to 70 percent.
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