The reader’s questions are answered by the lawyer of the magazine “Behind the Wheel” Sergey VOLGIN. You can ask him questions in writing, by phone (095) 208-30-27 (daily from 15 to 18 hours, except Saturday and Sunday) or E-mail: [email protected]
After the accident, my car, as they say, cannot be restored. The culprit refuses to pay. How can I recover damages?
Moscow A. Mosesov
To begin with, after the accident, the first thing you need to call the traffic police. Firstly, it is the duty of drivers provided for in paragraph 2.5 of the Rules of the road. And secondly, the fact of registration of the incident in the traffic police is an indisputable proof that it happened.
Now about common mistakes. Often, the perpetrator of an accident is required to receive a receipt with an obligation to indemnify for a certain period of time. However, for the court, this piece of paper does not mean anything. The accused, for example, will say that he was threatened and will be considered a victim. And if the victim takes away documents from the culprit, then a criminal case can be brought against him under Art. 163 of the Criminal Code "Extortion." So such paths are unacceptable.
Unlike administrative legislation (the area of law governing power-citizen relations), the civil principle uses the adversarial principle of the parties. This means that all the circumstances necessary for a complete, comprehensive and objective consideration of the case must be proved. The statement “He hit me” must be justified.
Thus, it is necessary to prove the fact of an accident, and then the fault of one of the participants. I repeat, the traffic police certificate, which is issued after a decision on bringing the guilty to administrative responsibility, is considered as undeniable evidence. Please note that within ten days the culprit of the accident has the right to appeal the decision.
When carrying out the calculation, all participants in the accident must be present. Any comments (up to disagreement with the assessment of damage) should be recorded in the inspection certificate of the car. You can also state your objections to the court. In this case, a second examination will be appointed.
The court is addressed either at the place of harm (where the accident occurred) or at the place of residence of the defendant.
Axiom: owners of a source of increased danger (car) are responsible regardless of their fault. Therefore, if the driver travels by proxy, you can, in addition to him, involve the car as the defendant. If the car belongs to the company and the driver is an employee, then only the legal entity will be the defendant.
A few words about moral hazard. The physical and mental suffering that is inflicted on the victim as a result of the accident is meant. Compensation for non-pecuniary damage only in cash, the amount is determined by the court. The victim only indicates in the statement of claim how much he assesses his suffering.
So, the court ruled to “compensate”. Now the main thing is the so-called measures to secure the claim. The most common is the seizure of property of the defendant. As a rule, the statement of claim is asked to take these measures. If the defendant does not have enough funds to compensate for the damage, the bailiff will sell the seized property at public auction. One caveat: for arrest it is necessary that the property belong to the defendant on the basis of ownership. If there is no such property, the only way to compensate for the damage is withholding from the defendant's salary.
(If there are several defendants, indicate all)
Statement of Compensation for Damage Caused
(State the circumstances of the case: when, where and under what circumstances an accident occurred).
As a result of the collision, the __________________ vehicle owned by me by right of ownership caused mechanical damage. According to the decision _____________ STSI, the defendant _____________________________ was found guilty of this accident.
According to the calculation of ____________, the cost of restoration repair is _____________________________ rubles
(if the calculation is made in dollars, then you should write "the amount in rubles,
equivalent to _______________________________ US dollars ").
The loss of presentation was _____________________ rubles.
For the calculation of costing and determining the loss of presentation, I paid __________________________ rubles.
The total amount of material damage amounted to ____________ rubles.
As a result of this incident, I was deprived of the opportunity to use my car, I suffered significant physical and moral suffering (moral harm), which I estimate in ____________________________ rubles (to compensate for moral harm, it’s good to submit medical documents to the court confirming that the suffering really took place )
Based on the foregoing
and in accordance with Article 15.1064, 1079 of the Civil Code of the Russian Federation
Recover from the defendant in my favor pecuniary damage in the amount of ________________________________ rubles, as well as non-pecuniary damage in the amount of ________________________________ rubles.
I ask the court to take measures to secure the claim by seizing the property of the defendant (you can specify other security measures provided for by Article 134 of the Code of Civil Procedure of the Russian Federation).