If reciprocal fault is recognized in an accident, the payment on OSAGO begins to interest both participants in the accident. Each car owner understands how likely it is to become the culprit of an accident on the road or the injured party.
Wanting in every way to insure yourself against possible financial losses, it is worth finding out whether the CTP insurance policy will partially or fully compensate for the damage caused . You also need to know who will receive compensation from the insurer in the event of the fault of both drivers.
“Mutual wine”: reveal the essence of the phrase
It is important to know! In the field of administrative law, the concept of “mutual fault” is completely absent.
With a mutual fault (in common – mutual), all participants in the accident are recognized as the perpetrators of the accident . Employees of insurance companies and traffic police designate an accident with such a characteristic that each participant in the accident violated traffic rules to a certain extent.
In the event of an accident, three situations develop:
- The incident was a consequence of traffic violations by one of the participants of the movement . The result is obvious, and therefore only the injured party can rely on damages (according to OSAGO);
- Traffic police inspectors make a decision on the termination of production . The reason for stopping the case is the inability to establish a picture of the incident due to contradictions in the testimony of the participants. If mutual agreement is not reached, the subsequent identification of the perpetrators of the accident is transferred to the court, where the final decision is already taken by the judge;
- If both participants are recognized to be violators of traffic rules and perpetrators of the accident , then each of the drivers of the car (participant in the incident) receives a report, as well as a corresponding decree indicating an administrative violation.
In the legal sphere, only the third situation is considered to be mutual fault, in which both drivers are guilty.
After you have figured out what mutual wine is, you should understand who pays the bills.
Which of the participants in the accident is compensated, and in what amount?
Now it is necessary to figure out with whom the insurance company pays for the reciprocal, and in what amount.
Since the legislation of the Russian Federation does not help in solving problems related to mutual blame in an accident, insurers follow a certain path:
- Carry out payment to each participant of the accident who is responsible for the accident, in the amount of 50% of the damage suffered. As judicial practice shows, such decisions play a key role. The basis of the court decision is the norm of the Civil Code of the Russian Federation, according to which, in the absence of an opportunity to establish the degree of guilt of the owner of the transport, it is set equal for each participant in the accident;
- Insurers refuse to pay compensation to customers , arguing the decision by the practical impossibility of identifying the perpetrator. However, such decisions by insurance companies are illegal, and authorized specialists know this, hoping that the client will not go to court with a claim.
In accordance with paragraph 2 of Art. 1083 of the Civil Code of the Russian Federation, compensation payments to both parties of the accident are obliged to be made by insurersaccording to the share of fault in the accident. In theory, such a requirement is indisputable, but in reality it is not easy to establish a measure of the guilt of each participant in the incident, after which it is very difficult to prove it to the court. Often the court goes the simplest way, with the result that awards the participants of the accident equal parts of compensation.
Every driver who is interested in how insurance is paid is important to know: when involving highly qualified lawyers, you can get a different solution and get compensation in the amount of 80% or even 90% (the other side of the accident receives 20% or 10% respectively). In reality, the decision to fight to the bitter end is made by rare drivers, even if the degree of guilt in an accident is obviously less.
According to the outcome of the incident (with mutual fault), the owners of motor vehicles most often agree on the conditions of the insurance organization, due to which the damage is paid in equal shares.
Of course, such behavior of the insurer with the injured drivers as a result of their actions is justified by the fact that company employees do not want to interact with the courts.
- The damage to the vehicle driver A. A. amounted to 50,000 rubles, while the driver B. B. suffered losses in the amount of 100,000 rubles;
- In case of mutual fault, the insurance company pays out money in the amount of 25,000 and 50,000 rubles, respectively.
In the worst case, the court does not have the opportunity to establish the guilt of one of the participants in the incident, or cannot characterize the situation as mutual fault. The circumstances of the accident make it impossible to draw conclusions regarding what happened in the absence of mutual agreement between the drivers and the witnesses of the accident. This situation will mean for the drivers who are responsible for the accident that they will not receive payments under the policy of CTP . That is why it is recommended to issue policies OSAGO and CASCO.
The advantages of buying both policies:
- Saving time;
- Discount when making CTP and CASCO in one company;
- Problems with the simultaneous purchase of CTP in most cases do not arise with property insurance.
Choosing an insurer to purchase an insurance policy should be guided by the reputation of a particular organization.
Insurance company refuses to pay compensation: causes
In order to avoid unpleasant precedents with the insurance company, be informed about the possible causes of failure:
- One of the perpetrators of an accident is not listed in the CTP policy;
- The guilty fled the scene ;
- At the time of the incident, the participant is under the influence of alcohol;
- The decision of the court appealed by another insurance company or one of the perpetrators of the incident.
Knowing the insurer’s possible arguments are not in your favor, you can prepare and defend yourself in each of the cases listed.
The design of the traffic accident, in which both drivers are guilty, is carried out in a standard way, with the participation of traffic police officers.
First of all, the owners of vehicles need to recover and calm down, and then proceed to the actions prescribed in the current rules of the road :
- The car must be stationary , stand with the emergency stop signal on;
- There should be an emergency stop sign next to the machine . Standards for installing an emergency triangle: for a settlement – not less than 15 meters from the car, outside – not less than 30 meters . The sign is designed to notify approaching vehicles with respect to a fixed obstacle along the way. If the requirement is not met, a penalty is envisaged in the form of an administrative violation order (the fine is 1,000 rubles);
- Do not lift items related to an emergency – parts, fragments and other debris may affect the accuracy of the cause of the accident;
- First aid is a necessity in cases where there are victims as a result of the accident. If necessary, call for help;
- Traffic police are called to the scene of the incident , on arrival of which personal data are recorded, the current situation is analyzed;
- Before the arrival of the traffic police, it is necessary to record the data of the second participant in the incident . It will be better if you take a photograph of a driver’s license, insurance policy or vehicle registration certificate;
- Notify the insurance company with which the contract was concluded , about the accident, indicating mutual fault. Registration will require the indication of the following data: the time and place of the incident. Be sure to ask the specialist how to proceed. An insurance company agent may decide to send an authorized employee to the scene of the accident;
- Take photos to record the details of the accident , for which you can use a smartphone or another device with a camera ( video recording would be an ideal option ). The photo and video should have the following characteristics of the collision: the general plan of the accident site; detached parts and other items; state license plates of both vehicles; braking distance of both cars; both cars from different angles on the background of the roadway and the surrounding area;
- Involve other participants in the accident to chart a traffic accident. The accident plan must contain the signatures of all participants in the incident;
- If the opportunity to organize the free passage of other vehicles is not available, wait for the traffic police officers to arrive without doing anything for it. To clear the way for other vehicles is possible only after drawing up a diagram of the incident;
- Look for collision witnesses to capture their personal data . You should ask the witnesses of the accident to stay until the arrival of traffic police officers to testify and establish the exact cause of the accident;
- Wait for the arrival of traffic police , and then participate in the design of the accident together with government representatives.
By following the above points, the driver will avoid liability and fines from the traffic police officer.
In turn, the traffic police after the arrival at the scene are the following documents:
- Road accident scheme;
- Protocols on administrative offense (2 copies);
- Help about the incident.
Employees of the State Inspectorate will begin to chart the accident, make measurements of the roadway, the placement of cars.
If the inspector misses any detail that seems important to you, be sure to point him to it!
Registration of Europrotol
It is worth paying a little attention to the Europrotocol, which the perpetrator of the incident may not have . For those who do not know what it is, we explain: the Europrotocol is a special form of a Notice regarding a traffic accident filled by accident participants.
The document confirms the right of one of the participants in the accident to be paid by the insurer on OSAGO. Also, the protocol is characterized as a system with the help of which it is possible to issue documents about the accident without the involvement of traffic police.
What is the result?
After you have figured out what “mutual wine” means and what its consequences are, it is worth summing up. If it is possible to issue a mutual fault with equal compensation for damage, the insurance company will certainly take advantage of this and will provide payments to both participants of the accident in the amount of 50%.