If the policy is not valid, the driver is fined, and if the policy is false, the driver is liable to prosecution. If it turns out that the person who caused the accident did not have the right insurance policy or that the document did not exist at all, the person who caused the accident must himself compensate the victim. To compensate the victim, you must make a claim against the person who caused the accident or take legal action. To be safe, you need to know how to check the validity of your policy.
Which Policies are invalid and which are false?
The OSAGO policy is a contract between a motorist and an insurance company, under which the insurer pays compensation for damage to life, health, and property caused by the use of a car. The Vehicle Accident Management Company issues insurance policies in printed or electronic form. Each policy is marked with a unique number and a QR code.
How to check the validity of the Insurance Policy?
In addition to the validity of the policy, the driver also finds out whether the document belongs to the insurer and which OSAGO contract he has. You can also check your insurance with a QR code or compare it with the characteristics of the original policy. What is the penalty for an invalid policy? If the driver drives with an invalid insurance policy, he/she will be fined 800 dollars under part 2 of article 12.37 of the Administrative Code. If the policy is falsified, the owner of the vehicle is liable to prosecution under Part 1.5 of Art. If the driver discovers that the policy is false, he or she should report it to the police so that the manufacturers of the illegal products can be traced and prosecuted.
Who pays the Reimbursement if there is no Insurance or a false Policy?
Personal injuries after an accident are reimbursed by the Russian Union of Motor Insurers, regardless of the existence and validity of the Vehicle Accident Management Company policy. Even if the person responsible for the accident cannot be identified or has fled the scene of the accident, the victims will receive compensation. But the PCA will then collect this money from the person who caused the accident. If no one was injured in the accident and there was only material damage, the polluter will reimburse the costs. However, if the driver was driving a company car to work and had an accident, the employer must pay.
Determine the damage and then come to an Agreement:
First, you have to calculate the amount of damage that occurred to your vehicle after the accident. This is done by an independent expert. He will prepare a report stating the amount of money needed for Vehicle Recovery Services. In addition to the money for the repair, the car owner can claim from the person responsible for the accident the costs of the investigation, the removal of the vehicle and its storage, the transport of the victim to the hospital, and the journey by public transport to the place of the vehicle to the Vehicle Accident Management Company.
Filing a Claim with the Court:
The victim has the right to claim payment of material damages from the perpetrator through the court within three years from the date on which he or she became aware of his or her violated right. The right to compensation for damage to health is not limited in time. However, the compensation is only set off against the expenses of the last three years. The claim is filed with the court of the injured party's domicile. A claim for compensation for damage to health can be filed at the victim's or the perpetrator's place of residence. If the damage does not exceed 50,000 dollars, the case is handled by the magistrate, in other cases by the district court. The statement of claim must describe the circumstances of the accident, the damage caused to the vehicle, the non-reimbursed part of the damage, information on the attempt to settle the dispute in court, and the claim for compensation with its scope. The injured party should also make sure that the offender is not insured or has an invalid/falsified Vehicle Accident Management Company policy. In addition, the claim must be accompanied by the following documents:
The diagram of the traffic accident, the statements of the eyewitness, a misdemeanor report for a driver without insurance, etc.Documents relating to the vehicle (registration certificate, vehicle passport).An expert report assessing the damage.The pre-litigation agreement, lawsuit, or other documents confirming that the plaintiff tried to settle the dispute before the trial.Receipt of payment of state tax.Notification of service of a copy of the statement of claim with an annex to other parties to the proceedings (defendant, third parties).
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