Who to sue, if the perpetrator of the accident is not the owner of the car? The cause of the road accident is not the owner of the TC, who compensates for the damage?
The owner of the car is not always the cause of the road accident. If this happens, then who should submit to the court? It is uniquely difficult to answer this question, because everything depends on whether the person who made the accident had the right to sit down behind the wheel of this car. So, you need to understand the situation in detail and try to understand who: the driver or the owner of the car is obliged to compensate for the damage.
What to do if there was an accident?
Often, such a question as collecting in favor of the injured person is solved without special problems: it is necessary to find out whether the perpetrator of the incident was the general power of attorney. If she has it, then he will have to compensate for the damage. But if he does not have one, then the owner of the vehicle must answer for all the incident.
The only exception is that the car owner will not have to be held responsible for what the driver has done if the car was stolen. But for this purpose, he will have to document that his car has been subjected to unlawful acts. If he can confirm this, then no responsibility will be borne.
Needless to say, the owner of the car at all does not delude the situation in which he will have to answer for another. In this case, he can file a counter-claim to the court. If the owner has already compensated the injured party, then he has this right in law. The sum of the claim itself will be equal to the amount that he paid to the victim.
Since many motorists have OSAGO policies, the compensation will be made from the insurer’s fund. This will happen even if the damage is caused not by the owner of the car, but by the driver managing the car by the “general”. In this case, the actions should be as follows:
– The “dpsniki” and the wavers must be called on the place of the accident, which must compile the road accident scheme, fill in the relevant certificates and pass them on to the victim in an accident and the perpetrator;
– With such a certificate the driver can safely demand from the insurance company compensation for the damage caused by the car. You will only need to have an insurance policy, a PTS, a claim for payment, a WU, a passport and requisites for the transfer of money. Within 20 calendar days the insurance company must provide an answer.
Important! If, after the expiration of the specified period, the payments from the insurance have not been received or paid a smaller amount, then you should conduct an independent expert and sue the insurer.
It is more problematic to receive insurance payments if an accident is committed by a car hijacker. But apart from this, the complexity with the reimbursement of harm may also arise from the insurance company if:
– the culprit is not insured;
– the policy was used during the unplanned period.
In this case, the victim with his claims will have to address only the driver.
Insurance payments for OSAGO
And if insurance does not exist at all?
Claiming compensation should be made by the perpetrator or the car owner. However, in this case, it is unlikely that the injured person will be able to obtain a sufficient amount of compensation, for a person to whom claims are made, may not easily be money.
If the claims come to the owner of the car, then I guess the accident was not entitled to drive motor transport, in this case things are a little easier, because the car can be arrested. But if the person who committed the accident has a general power of attorney, then this kind of opportunity disappears because he is not the owner of the car.
In the current situation, you will have to consult with specialists in terms of detecting breakdowns, the volume of remediation works and the amount that will be required for reimbursement. Naturally, the nearest car service is not suitable for this, you will have to invite an independent expert. It is very important that during the examination, the culprit was present.
What should the victim know?
A person injured in an accident may demand compensation for damage from the perpetrator of the accident and from the owner of the car. But here everything will depend on whether it is right whether the first one has sat behind the car.
If the car owner is a person with legal status, and he was at the time of the accident was on duty, then it is possible to recover the damage caused from him.
To understand who can claim compensation for harm, you should know:
– whether the culprit has a power of attorney. If so, then it is his duty to compensate for damage;
– The perpetrator has been insured in OSAGO insurance. If inserted, then you must contact the insurance company;
– if there is no power of attorney, then for the voluntary transfer of the steering wheel the owner will answer along with the culprit;
– but if the car was numbered in the search, then you can only claim compensation for the damage from the culprit, because such a person in the insurance policy is certainly not written.
Sequence of actions after an accident
After it is determined who to claim compensation, it is necessary in writing to demand this from the perpetrator. The answer is given to the latter for 7 days, and in the event of a refusal, the victim may sue him with a claim for damages.