What should I do if the culprit of the accident has no insurance?

Despite the fact that the purchase of insurance for a vehicle is a mandatory requirement for motorists, nevertheless, not all are in time to formalize or extend the policy. As a result, you may find yourself in a very unpleasant situation, when in the accident, the culprit of the accident simply does not have insurance. How to be in such a situation and what to do to get money compensation from him for the damage done? From this article you will learn about the basic actions that should be taken if the culprit of the accident is not insured.

How to behave on the scene of a traffic accident?

If you are in an accident, the first thing you need to do is to pull yourself together and calm down. In no case do not need to fall into a hysterical state. It is strictly forbidden to use physical or psychological pressure on the culprit of the accident, since in this case it can file a counterclaim, and the situation in which the law is completely on your side may turn against you. If the culprit of the accident is not insured, what do you do in this situation, do you think? The first thing you should immediately call the traffic police at the scene. It does not really matter how badly your car was hurt, because in the absence of an insurance policy, the standard protocol of the European model is useless and you will not be able to receive any compensation.

After arriving at the scene of the representatives of the law and order, it is necessary to describe in detail and in full detail what happened to them and especially to emphasize that the culprit of the accident without insurance. All details must be recorded in the protocol, otherwise the solution to the problem can become much more complicated.

After the incident is documented by the traffic police, both parties to the accident receive a copy of the protocol on their hands, and only then the accident site can be left.

If the culprit of the accident is not insured, how to collect compensation in this case, will be told later, it is necessary to record his residential address and contact phone number. If such information is categorically refused, 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 the residence differs from the registration, in this case it will be much more difficult to find it.

Autotechnical expertise

With the expertise, you should not delay, because if it is not performed within two weeks, the court may refuse to give you a trial, because of the lack of evidence. In this case, if the driver got into an accident, the culprit without insurance was, then the examination you will have to deal with completely independently. In addition, all related costs also fall on your shoulders. You will need to find a company authorized to carry out such activities and pay for its services. If the court subsequently proves the guilt of another participant in the accident, you can fully compensate for these costs.

Who can carry out the examination?

Any company or organization that has all the necessary documents that authorize the carrying out of an auto-technical examination and compilation of accompanying documentation can perform an inspection of the site of a traffic accident. When choosing a specific organization, it will be superfluous to specify in advance whether the documents compiled by it during the examination will be taken into account by the court during the proceedings.

If the culprit of the accident is not insured, then for the examination it is best to use the services of the following companies and representatives:

• State appraiser;
• Private company specializing in auto-technical expertise;
• Specialized service center;
• Scientific institute of the corresponding specialization.

The choice of an expert company should be approached very seriously, since the result of further trial largely depends on this.

Procedure for the evaluation procedure

After the examination at the scene of the accident is carried out, and the amount of damage caused to you is determined, the company representatives draw up an appropriate report detailing the accident, establishing the true culprit of the accident, and also indicating the exact amount necessary to repair the vehicle.

If the culprit of the accident is not insured, and that he subsequently could not challenge the result of the examination, it is recommended to notify him in advance of the time and place of the evaluation. Do it better by registered mail, so that you have proof that he was notified. In addition, without fail it is necessary to familiarize the second party with the result of the examination, to show the original of the act, and to transfer a copy of the document. As statistics show, this is quite enough that the court with the culprit of the accident without insurance was won in your favor. Many participants in the accident prefer not even to bring the matter to court, but to settle the conflict quietly and peacefully, paying the entire amount to the victim.

Trial

If the culprit of an accident without insurance, what should I do? First of all, we should invite him to solve the problem without going to court. If he refuses to pay for repair of the car, it is necessary to draw up a pre-trial claim. You can do it yourself or use the services of a legal adviser. In this document, it is necessary to describe the accident in great detail, indicate all the documents that you have on hand about this incident, and also do not forget to mention the absence of an insurance policy from the originator of the accident. In addition, the appeal also indicates the full amount of compensation that you want to receive.

To compensate for what costs can you expect?

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

• Cost of autotechnical expertise;
• Costs for damage assessment;
• moral damage;
• Evacuation of the vehicle;
• Expenses for the treatment of victims in an accident.

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

Further actions

If during the road accident the culprit is not inscribed in the insurance, and within two weeks after the pre-judicial appeal to him, no action on his part was followed, then it is necessary to transfer the case to the court. To do this, you will have to hire a good lawyer, whose services will cost around 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 costs will be fully compensated to you by the culprit of the accident in case the court recognizes his guilt. You can do without the help of a lawyer, and represent your interests in court yourself, but this requires a good understanding of all legal nuances.

Proceedings in court

In most cases, the trial lasts approximately 2-3 months, but the proceedings can be significantly delayed if the court requires any additional documents, and if the second party does not appear for the court for any reason.

If the trial is delayed for a very long time, then to recover damages, 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.

The difficulty of getting compensation, if the culprit of an accident is not insured, can begin if he does not have the necessary amount at the moment or he is from a poor family. Compensation of damages in these cases will occur gradually, by retaining a certain part of the wages of the culprit of the accident, which can take several years, if the amount of damage is very large.

What if the insurance policy is invalid?

Another common situation faced by many drivers in an accident is an invalid insurance policy. Similar situations arise when the insurance company ceased to operate or has no license to provide insurance services. In the first case, compensation will be paid to you from the reserve fund of the Union of Motor Insurers. But the second case is more problematic, because in most variants, drivers who have suffered an accident simply do not have time to make an expert assessment and evaluation of the damage caused, as a result, the chance that the second party will reimburse you for all expenses is practically nil. To avoid such a problem, in case of getting into an accident it is very important to contact the insurance company in the shortest possible time and make sure that it has the appropriate permit documentation.

Conclusion

If the culprit of the accident is not insured, then as soon as possible, take all the necessary measures described earlier in this article. Any delay significantly reduces your chances of successful compensation for the damage caused by the culprit. There are even more serious 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 easily cope with all this. But, be that as it may, be always careful on the road! No financial compensation will return the spent nerves and health.