If the culprit of the accident was a driver who does not have a motor vehicle policy, sometimes the only way to get compensation is to go to court, Anton Shaparin, vice president of the National Automobile Union, told Gazeta.Ru.
To do this, you must collect the documents correctly and there is no point in communicating with your insurance company, as the settlement is beyond the scope of OSAGO.
It is necessary to obtain a certificate of the accident, it will be prepared by the inspector of the traffic police if the accident took place on a public road, or a local police officer if the accident took place in the vicinity.
You also need a damage assessment certificate, which you can order from special accredited companies. The third important document is a lawsuit, and it is better if it is prepared by an experienced lawyer. If all the documents are correctly selected, the court will most likely be able to win. In addition, you can also claim the loss of the goods value of the car to recover from the culprit of the accident, which is impossible under OSAGO. In that case, the court must designate a separate expert investigation.
How to receive the money?
But winning the court is only half the battle. The bailiff deals with collecting debts on the basis of a writ of execution, but does not always work as effectively. In addition, the cause of the accident may not have any money in his accounts or liquid assets, and then it will only be possible to receive compensation by debiting small amounts from his salary every month.
It is therefore better, if possible, not to go to court, but to conclude a settlement agreement. It is drawn up in arbitrary form: it must state the circumstances of the accident, the amount paid by the perpetrator to the victim, and it is stipulated that the parties have no claims against each other.