It happens that as a result, the victims remain not only without funds for repairs, but also without a car! A bewildered person is capable of doing a lot of stupid things and, in the end, being left without insurance compensation …
In natural disasters, as you know, those who act with a cold head manage to escape. But calm is not enough - you still need to know what and at what moment you need to do. Then the situation no longer looks so hopeless. Based on this, we decided to offer readers a kind of brief instruction on the topic "How to act in case of an accident in the era of OSAGO".
The law on compulsory liability insurance, for all its shortcomings, is, in general, a social act. It is based on an extremely unpopular, but, unfortunately, inevitable principle: if a person is not able to pay insurance, he should not drive a car. But this is not the main thing. No matter how neat and experienced the driver is, there is no guarantee that he will never get into an accident - it doesn’t matter whose fault is his own or someone else’s. So, the law is aimed at protecting both parties - both the victims and the victims. At the same time, it is not the policyholder’s car that is insured, but the risk of the obligation to compensate the harm caused to someone (explanation, excuse me, is long, but it doesn’t work out otherwise). If the insured is guilty, the insurer repairs his own car at his own expense (if he is insured only under compulsory motor liability insurance).
ALL IN ORDER
So, the first thing to do if, God forbid, you got into an accident - call the traffic police. Without registering an incident with the traffic police, the insurance company will not be able to file an incident and make an insurance payment. In the event that it is not possible to call the traffic police, the SDA and the Insurance Rules allow drivers who have got into an accident to draw up an accident diagram, sign it, and then drive to the nearest traffic police post (or police department) and make an accident. True, the police themselves do not really like this option.
Further. Do not forget to fill out the insurance notice on the forms that are issued to each policyholder upon conclusion of the contract. If the second participant refuses to do this, you still fill out your part. If necessary, this will help you prove his guilt. Be sure to pay attention to what documents the traffic police inspectors draw up! If a protocol on an administrative offense is to be drawn up for the second participant, ask to give you a copy of it - this right is granted by article 28.2 of the Administrative Code of the Russian Federation. You must submit it to the insurance company. In addition, the protocol shall indicate the place (and time) of the consideration of the offense.
It is there that you need to come in order to take three more documents from the traffic police - a copy of the decision issued in respect of the perpetrator, as well as two certificates of an accident, the so-called forms 12 and 31 (Appendices 12 and 31 to the letter of the Ministry of Internal Affairs of the Russian Federation dated 06.06.2003 No. 13 / c-72 "On the direction of guidelines").
I draw your attention to: only the court determines the culprit in traffic accidents! The traffic police only establishes whether the driver’s actions violate the Rules of the road or not. Based on these findings, the court then decides which of the participants in the accident is to blame for the accident.