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What to do if the culprit of an accident does not have an MTPL policy
All Ukrainian car owners are obliged to take out public liability insurance. According to statistics, every fourth driver ignores the law, does not buy insurance, or drives with an expired or falsified policy. Monetary penalties for driving a vehicle without CMTPL do not hit the budget, so many motorists have been doing without a policy for years.
If the initiator of an accident does not have CTPCI, the essence of motor third party liability insurance is violated. The injured party must receive compensation regardless of the culprit's solvency, but without compulsory insurance, the insurer cannot legally make payments. Other participants have two options: applying to the Motor (Transport) Bureau of Ukraine or to the court.
Calling a police commissioner to the accident scene
After an accident has occurred, you need to provide first aid to the victims, and if necessary, call an ambulance. The next step is to call the police. Before the police arrive, it is necessary to find out whether the parties to the accident have MTPL policies and their validity. This can be done by scanning a QR code or checking the status on the official MTIBU website.
Before the police arrive, record the scene in detail. It is recommended to take photos of the damage to the vehicles, licence plates, and the general layout of the accident. You need to get as much information as possible about the initiator of the accident, write down his or her phone number, find out the place of residence, permanent residence. It is useful to take a photo so that the driver does not later try to prove that he was not driving the vehicle.
It is advisable to build a constructive dialogue and explain to the perpetrator the benefits of pre-trial conflict resolution.
Actions after the police arrive:
- Clearly describe the circumstances of the incident to the commissioner, the purpose of which is to prove the other party's guilt;
- obtaining the status of the injured party;
- obtaining a protocol. First, you need to make sure that the document contains the correct information, as the victim will go to court with it.
If at least one party to the accident does not have MTPL insurance, it is impossible to draw up a Euro protocol, even if the amount of damage does not exceed UAH 50,000.
If the culprit of the accident realises that he does not have a valid motor third party liability insurance policy and that he is obliged to compensate for the damage, and agrees to pay immediately, the victim accepts the money and writes a receipt. If the initiator of the accident is unable to immediately compensate for the damage, he or she may write a written commitment to do so in the near future.
The nuances of applying to MTIBU
Before applying to the Motor Bureau, the victim must obtain a court certificate stating that the uninsured driver was found guilty of the accident. Compensation is paid provided that the victim has MTPL insurance. MTIBU makes payments in the following cases:
- The accident was initiated by a driver without MTPL insurance;
- the culprit left the scene of the accident;
- the culprit's policy was purchased from a liquidated insurance company or one that has been declared bankrupt;
- the culprit's car is listed as stolen.
Vehicle owners must keep the affected vehicles in the condition they were in immediately after the accident until they are inspected by an accident commissioner or expert to assess the damage.
After the Motor Bureau pays compensation to the victim, the agency will oblige the driver to reimburse the costs. The culprit who has not insured his or her liability will have to find the funds to compensate for the damage.
Obtaining a court decision
The injured driver can attend the court hearing in person, or, if he or she is not sure of a positive outcome, he or she can use the legal support of a lawyer. The trial takes place within two weeks of the accident. You can check with the police to find out the time and place of the trial.
A court decision in favour of the victim is the key basis for MTIBU payments. The plaintiff must confirm the events with facts: provide a police report, evidence of damage to the vehicle (photos, videos), and receipts from the car repair shop if repairs have been made before the trial. The court carefully checks the cause and effect relationship. It is important to prove that the damage was caused exclusively by the accident in question, and not by any other accident. A copy of the court decision is sent to the MTIBU.
The law does not prohibit filing a claim directly against the culprit. However, if he or she is unemployed, the court decision may remain unenforced.
Before going to court on your own, you can try to settle the dispute amicably. To do this, you need to prepare an expert monetary valuation report, if it is impossible to restore the vehicle, a certificate of the need for disposal, and a pre-trial claim, which is best drafted with an experienced lawyer. The claim must clearly state the amount of compensation required. It may include the costs of legal services, expert examination, and compensation for non-pecuniary damage.
There are few chances of winning in court against the perpetrators of an accident without CTP insurance. Usually, at the stage of a pre-trial claim, the parties come to an agreement, since the loser, in addition to damage to the car, is obliged to compensate for the costs of the trial, which is an even larger amount.
Receiving compensation
In order to receive compensation from the Transport Bureau, you need to notify the organisation within three days after the accident. The application form is available on the official website of the agency. The application is submitted in person, during office hours, by post, email, or fax. The applicant is contacted by an employee of the organisation, who informs him or her of the dispute settlement procedure and the list of required documents.
The decision to pay compensation or to give a reasoned refusal is made no later than three months after the application is received, provided that a complete package of documents is available.
If the injured party's claim is satisfied, the court orders the defendant to pay for the repair work within the specified period and to compensate for the damage in monetary terms. The enforcement of the decision is controlled by bailiffs.
