Often, traffic accidents that caused significant material damage, various injuries to participants, and sometimes human casualties, occur because the person who caused the accident was drunk.
It is clear that in this case the responsibility of the one who committed such a violation is beyond doubt. But many motorists have a question: will the auto insurer pay insurance if the culprit of the accident was drunk, since there is an opinion that the payment of OSAGO in case of an accident with a drunk driver is impossible due to the fact that traffic rules were clearly violated. This article discusses this situation from the point of view of legislation.
According to the requirements of the law, a drunk driver is in no case allowed to drive a car, since this can provoke an accident, and it does not matter what causes this intoxication.
If this prohibition is violated, liability is provided for the one who caused the accident, at the same time, the fact that the person who committed the accident was in a state of alcoholic intoxication aggravates his guilt.
However, if the culprit was drunk, this does not exempt the insurance company from paying out under OSAGO. In addition, such a circumstance does not affect either the need for compensation or its amount. At the same time, the insurance company is not entitled to forward the payment to the offender's insurer.
Attention! If the perpetrator of the accident made a collision while drunk, the victim should not doubt whether the insurance will be paid - this circumstance will not affect the decision and the amount of compensation.
Therefore, in case of an accident with a drunk driver, the procedure for paying compensation is determined by general rules regulated by domestic legislation, on the basis of paragraph 1 of article 14.1 of the Federal Law No. 40.
The same applies to deadlines. It is clear that if the person who provoked the accident does not have an insurance policy, in accordance with Art. 1064 of the Civil Code, he will have to pay for the damage caused at his own expense.
Therefore, if the culprit of the accident was drunk and at the same time did not have an OSAGO policy, the answer to the question: will the insurance pay out, is obvious. In this case, the person who caused it must compensate for the damage. But in order to receive such compensation, most likely, you will need to go to court.
At the same time, in order to avoid unnecessary red tape and document the amount of the incurred loss, it is recommended that you first contact independent experts to assess the damage to the car. Such a measure will not only save you from delays, but will also allow you to confirm the size of the loss.
But if both participants were drunk, this circumstance complicates the situation to some extent. At the same time, the insurer has reason to refuse compensation, because the fault in the collision is mutual. Also, the insurer may justifiably refuse to compensate for damage if the insurance contract provides for such a possibility when the person who caused the accident is intoxicated.
Of course, if the culprit of the accident was drunk, the question does not arise whether the insurance company will pay the insurance. But at the same time, she has the right to demand reciprocal compensation from him as a recourse.
The insurer may assign such compensation in the following cases:
Often, in practice, the very fact of being behind the wheel in an inadequate form may indicate the presence of intent to cause harm, since this is a flagrant violation of the requirements of the law. Therefore, in such a situation, the perpetrator will have to pay recourse to the insurer.
Of course, the fact that the culprit of the incident was drunk, when determining the need for a recourse appointment based on the results of the payment of OSAGO motor insurance, still needs to be proven. In turn, a suspect in such an offense can confirm his adequate condition, for this he will need to undergo a medical examination in the prescribed manner.
In any case, the fact that the perpetrator of the accident was in the state of intoxication must be documented. At the same time, measurement by means of devices available to traffic police officers is not considered confirmation. A blood test must be done in a medical institution, and only its results allow documenting the level of drunkenness of the violator.
Pay for the repair of the victim's car Insurance Company who caused the accident, and the fact that the latter was intoxicated in such a situation is not important. If the violator does not have an OSAGO insurance policy, he will need to compensate for the losses on his own. However, the insurer in some of the situations described above may refuse to pay compensation.
Briefly summarizing what has been said, it can be noted that:
Denis Frolov
Car owners are already accustomed to the obligation to issue a “car citizen” policy in order to be able to move freely on the roads of the country, as well as to the opportunity to additionally purchase a CASCO policy. However, not all drivers have thoroughly studied the conditions of these types of insurance, so they do not know whether the insurance is paid to the person responsible for the accident or whether they will have to repair the car at their own expense.
In fact, everything is simple and reimbursement under the policy is made taking into account the insured risks. You just need to remember what this or that auto insurance program protects against.
Underneath it compulsory policy It implies insurance of the driver's liability to other road users. Therefore, when through his fault other car owners receive damage, the payments go to cover the losses of the victims. The culprit himself, even the victim of the accident, is not entitled to compensation from the insurance company under the OSAGO policy of other participants in the accident.
But the answer to the question - is insurance paid to the culprit of an accident with OSAGO, is ambiguous, because there are certain exceptions to this principle. More precisely, one exception: the responsibility for the accident is shared by the participants in the incident, they are both wrong and their mistakes led to trouble on the road. In this case, insurance companies indemnify for their customers, each of them receives compensation for repairs, regardless of mutual fault.
But not everything is so rosy in practice, since insurers more often choose one of the options:
Therefore, whether insurance is paid to the culprit of the accident under OSAGO with the mutual fault of the participants in the accident depends solely on the willful decision of the insurance company and the ability of customers to defend their rights in judicial order.
Voluntary car insurance civil liability also will not allow the perpetrator of the accident to receive any money as compensation for damage, unless the insurer pays part of the losses when sharing responsibility among several participants in the accident.
In court, you can always try to prove the absence of your guilt in what happened, shift it to other drivers and pedestrians (or third parties and third parties, for example, road services) responsibility for creating an emergency. If you prove that you are not at fault in the accident, you can count on insurance payments.
It is clear that under the policy of "autocitizenship" compensation to the culprit of the accident cannot be received, only the victim can count on the repair of the car at the expense of the insurer. Then a completely logical question arises - is insurance paid to the culprit of the accident under CASCO?
This type of insurance is not uncommon, because it is required by banks when issuing car loans. Among the risks that this policy covers, there is also property damage resulting from an accident.
This time, the conditions of insurance protection are such that the car owner himself is safe, and not other road users. It is the owner of a car insured under CASCO that has the right to receive money for repairs and elimination of damage. And it does not matter whether he is the culprit or suffered due to the actions of another driver.
There is only a “but” and not one thing - actuaries can easily refuse to issue funds if they reveal violations of a certain set of rules, including the intoxication of the client. There are other reasons why you can forget about payments under the CASCO policy. About this separately.
Whether insurance is paid to the culprit of the accident, if only cars were damaged, depends on what kind of policy the driver has. If only OSAGO, then you can count on payments only with the mutual fault of the participants in the accident. If the CASCO policy is valid, then the probability of receiving compensation for damage is higher - you just need not to violate the insurance rules and behave correctly on the roads.
The procedure and features of compulsory motor insurance are established by the Federal Law of April 25, 2002 No. 40-FZ “On Compulsory Civil Liability Insurance of Vehicle Owners”.
Based on the essence of the norms of this law, the simultaneous fulfillment of the following conditions can serve as the basis for obtaining OSAGO:
In addition, in order to receive compensation, the injured the driver must provide the insurance company list of documents, among which are:
Attention! The basis for determining the specific amount of compensation is an assessment of the damage caused to the vehicle, carried out by the insurer or an independent appraisal company.
For example, if the cost of restoring the car of one driver is 40 thousand rubles, and the other - 60 thousand rubles, then in this case the first will receive 20 thousand rubles as compensation, and the second - 30 thousand rubles.
Wherein if insurers refuse to compensate drivers for losses, the latter have the right to go to court. In turn, the judiciary may take one of the following decisions:
Consider a situation where an injured motorist was drunk at the time of the accident. If he is not at fault in the accident, and the violation consists solely in his alcoholic state (for example, if he was standing at a traffic light and another owner of the vehicle drove into him from behind), then he has every right to receive compensation from the insurance company of the culprit.
If the culprit was drunk during a collision with another car, then his insurer must pay for repairs to the victim. However, after that, he has the right to demand from the culprit the repayment of these expenses.
In fact, a drunk driver will have to pay damages himself, caused to another driver.
CASCO is voluntary view insurance that drivers resort to in order to get insurance payment in the event of a traffic accident due to one's own fault or in case of insufficient coverage of damage by the MTPL policy of the culprit.
Watch a video about the refusal to pay OSAGO and CASCO insurance:
CASCO involves insurance of the vehicle of the insured. At the same time, a voluntary auto insurance contract may involve various combinations of insurance risks. One of these risks is damage to the car or its death.
Therefore, the culprit has the right to receive funds for the repair of his vehicle under the CASCO agreement.
In order for the driver to defend his rights in the event of a relationship with the insurance company, he needs to know information about who is entitled to insurance compensation, what is its size, when the culprit will have to independently compensate for the costs of the victim, and also what to do if there is mutual fault of the participants in the accident.
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It is impossible to predict what events will happen today or tomorrow. Every driver can become a hostage of an accident, but you have the opportunity to secure your car with the help of insurance.
If an accident occurs, you can be 100% sure that the damage caused to you will be compensated. The insured is a direct contender for fair monetary compensation, but according to OSAGO insurance, only the citizen who is innocent of the emergency situation can count on such compensation.
According to the current legislation and the signed contract, all grounds are provided, according to which a verdict is issued, whether the situation falls under the "insured event".
OSAGO refers to such situations a variety of accidents, as a result of which harm was caused to human health, as well as to its property.
Procedure compulsory insurance help protect the rights of people who have been injured in a road accident.
According to the law, they must be guaranteed the right to receive monetary compensation, which is usually presented in the form of payments.
The culprit of the accident under OSAGO does not have the right to claim compensation and, according to this law, the innocent party in any case will receive the appropriate payment as compensation, and the culprit has the right to make all payments on his own.
The main situations when payment should not be made according to the law:
It is possible to single out situations according to which the insurance company pays funds to the injured party. It is possible to put forward your recourse claims from the insurer.
Payments to the injured party can be made by the insurance company, then the insured has the opportunity to directly go to court to resolve this problem. A claim is drawn up demanding that the client pay the full amount of the funds received by the victim.
This is possible only in limited situations:
What does the concept of DSAGO include?
OSAGO is, first of all, a clear limit that directly affects maximum payouts Money. If the declared limit is exceeded several times, then part of the remaining funds will have to be sought through the court, and the guilty party must ensure that this condition is met.
The driver can protect himself 100% from the occurrence of such situations, and for this, an agreement is concluded with another insurance organization.
It is called DSAGO when insurance is carried out on a voluntary basis of civil liability. The amount, according to the agreement, can reach the mark of 1 million rubles, and its effect will be extended to amounts that largely exceed this limit for OSAGO.
Thanks to this, it is possible to fully cover the damage caused. Thanks to this key feature, DSAGO will act as an addition to the basic insurance for those who question their driving skills or behave too carefully on the road and do not want to risk possible financial losses.
Can the person responsible for the accident claim compensation?
The answer to this question makes it possible to take into account the specifics of each situation that has occurred, and the opinion of the judges who are considering this problem is also taken into account.
Get paid for insurance policy OSAGO is possible only if you act not only as a guilty person, but also as a victim.
This situation can occur if several cars collided on the road and no one violated the rules of the road.
On the part of insurers, in such situations, it is possible to make payments for damage to property, health, or life.
The insured person has the right to compete for his money, in practice everything happens that way. On the other hand, is he entitled to payments or not? Typically, such decisions are made in court, and much will depend directly on the interpretation that was previously put forward in accordance with the OSAGO law.
The court usually considers emergencies from the point of view of several elements of an administrative-legal violation, and in such situations, the perpetrator usually receives a substantial amount of money as compensation for the damage that was caused to him by third parties.
An accident by the court can be considered from the other side and in the aggregate of everything that happened. According to the current legislation, it is possible not to separate the offenses, just try to determine the innocence, as well as the guilt of each of the parties.
The perpetrators are deprived of the right to claim monetary compensation due to the fact that the fact of guilt has been proven.
Such conclusions are made on the basis of the existence of the OSAGO law, which makes it possible to establish the need to make a payment in the near future, but only in favor of the injured party.
It is customary to attribute to controversial issues compensation to the culprit of the amount of money already paid in favor of the injured party. Arbitrage practice includes a number of precedent cases when the perpetrator carried out independent compensation to the victim for damage.
As an attachment, a complete set of documents was provided with reimbursement of expenses and an appeal to your insurance company.
From the side of the culprit, papers must be provided:
From the point of view of voluntary payments, this is a personal initiative of a person, which has absolutely nothing to do with the failure of the insured to fulfill his obligations.
According to the OSAGO agreement, compensation must be paid to the injured party. The funds are transferred to the account of the victim by the insurance company with which the agreement was previously concluded.
Keep in mind that:
An insurance organization uses the right to a recourse claim in several cases:
There are situations when the perpetrator of the accident has the opportunity to receive monetary compensation. This is possible if the fault of each of the parties to the collision has been proven.
Usually insurance organization one party makes payments to the other party's SC - this is often the case. The amount of payments may not cover all the harm caused and only 50% of the total amount that was required is transferred. This aspect is reflected in without fail in the contract as a separate clause.
Who is to blame and what to do
You are moving quietly through a traffic jam, and suddenly the car in front of you suddenly brakes sharply. Naturally, you do not have time to react and carefully drive into the beautiful and shiny bumper of the front neighbor. Maybe not so neat... It is even possible that the bumper was not so beautiful... But the fact is there: an accident. And at the moment when you, with a bored look, put up an emergency stop sign, are waiting for traffic cops, an unexpected, but encouraging thought creeps into your head: “What if I’m supposed to do something?”
Let's try to figure out who and how much in this situation will receive.
In this case, the payment in any case will receive the victim in the accident.
The disadvantage for the culprit of the accident in this situation is that the insurance company has the right, after payment insurance compensation the victim to recover from the perpetrator in a judicial proceeding all the costs incurred. But this only applies to a few cases:
All of the above applies to OSAGO insurance.
And now let's talk about something pleasant: if your car is insured under CASCO, then, regardless of whether you are the culprit or the victim, you will be paid a sum of money to repair the car caused in an accident.
The insurance company has the right to file a recourse claim against the person responsible for the accident in the following cases:
Don't know your rights?
But if both parties to the accident are insured by the same company, the insurers do not have the right to file a recourse claim.
To find a citizen guilty of an accident, the court must verify the availability of the following documents:
All these documents must be drawn up directly at the scene of the accident as soon as possible after the accident.
The situation is as follows: everyone is nervous, waiting for the traffic police for a long time, so when they are thrust under their noses to sign “some” papers, they sign without looking. Stop! It is these same papers that will be the main evidence of your guilt in court. Therefore, they should be read very carefully and, in case of disagreement, reflect your vision of the situation.
Thus, we can say with confidence that the person responsible for the accident has the right to receive insurance if his car is insured under CASCO.
