Is OSAGO insurance paid to the person responsible for the accident?
Drivers who have recently obtained a license or have never been in an accident are quite naturally interested in the question: can they expect to receive any compensation if they were found guilty of an accident?
The law "on OSAGO" clearly states that payments are provided only for the injured party. The culprit will have to repair the damage caused to both his vehicle and health at his own expense. However, in most cases, the culprit of an accident can be identified purely conditionally, because it often happens that the fault of both drivers is almost the same. You can also recall an accident in which several cars were damaged at once, and each motorist bears part of the blame for what happened.
OSAGO payments: situations
There are many examples when it is difficult to prove someone's 100% guilt:
- the driver braked sharply because of a schoolboy or pensioner who jumped out onto the roadway, and was hit from behind by another car;
- due to the negligence of public utilities, road signs were installed incorrectly or were hidden by tree branches;
- due to the critical condition of the roadway had to go into the oncoming lane.
One can also imagine such a situation when one of the motorists at an empty regulated intersection decided to pass on a red one, and at that time a car flew into him, driving on an authorized green one, but at a speed noticeably exceeding the permissible 60 km / h. It turns out that both drivers are at fault.
Well, or the simplest example: a driver injured in an accident forgot his documents at home - this is also a violation of traffic rules. We also remind you that due to the absence of the “Ш” sign on the rear window, you may be found guilty, since drivers moving behind cannot accurately calculate the braking distance on ice.
Mutual fault in an accident
"Oboyudka" - there is no such concept in the Code of Administrative Offenses. It is possible to conditionally divide all accidents according to the nature of their occurrence into the following groups:
- clearly only one person is guilty of the incident;
- it is not possible to establish the guilty party - in the protocol, the traffic police inspectors will write that it is impossible to reach an agreement due to conflicting information provided by car owners;
- both drivers are to some extent guilty of the accident;
- The accident occurred with the participation of only one party, for example, the car crashed into a pole.
In the first case, the perpetrator cannot count on any compensation. In all the other three, insurance companies will, of course, drag out the case and refuse to pay, so lengthy litigation awaits you.
If both drivers pleaded guilty to what happened, then, by law, they are unlikely to receive compensation. However, since such situations arise all the time, insurers follow the path of least resistance. In the best case, the insurance companies divide the damage in half, but not more than 400 thousand rubles, between both participants in the accident. That is, if the repair of one car costs 50 thousand, and the second - 60 thousand, then the first will receive 25 thousand, and the second - 30.
In the worst case, the vodi.su portal recalls that the UK simply refuses any payments, interpreting this as the impossibility of identifying the culprit. Or they have another excuse: there is no way to establish the degree of guilt of each of the drivers. In fact, it is possible to achieve the truth, but for this it will be necessary to involve experienced auto lawyers and experts to clarify the situation.
How to receive payments under OSAGO to the culprit of an accident?
If it so happened that you were recognized as the culprit, then you yourself do not agree with such a decision, you need to act according to the following algorithm:
- file an appeal within ten days after the trial;
- order a trace examination and damage assessment;
- attach to the application all other available documents (we previously talked about them on Vodi.su);
- video and audio files from the scene will be a big plus.
The court decision will be in your favor if your point of view is justified. However, do not forget that there are a number of restrictions in the presence of which payments are not provided, for example, committing a traffic violation while intoxicated, not having an OSAGO policy, or intentionally causing damage to third parties. Do not forget also that along with the OSAGO policy, you can take out insurance under the DSAGO, for which the maximum amount of payments can reach not 400 thousand, but one million rubles.
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