Table of contents:
- Who is to blame for the "trains"?
- How to register such accidents?
- What if there is not enough OSAGO coverage?
Video: Traffic Accidents: Who Is Found Guilty And Who Will Pay For Repairs
2023 Author: Natalie MacDonald | [email protected]. Last modified: 2023-11-26 13:59
Mass accidents in which multiple cars bump into each other are not common, but drivers who become involved tend to have more questions than those who are involved in a typical two-car accident. If you are afraid to become a member of such a "train", then add this article to your bookmarks. We will tell you who is considered the culprit of such accidents and how to get compensation.
Who is to blame for the "trains"?
As a rule, the person who was behind is the most likely to be blamed for the accident. But there are three exceptions to this rule:
- if the front car rolled backwards onto the one standing behind;
- if the front car was moving in reverse;
- if the front vehicle sharply changes lanes in front of the other vehicle and brakes sharply.
In the latter case, it will not be easy to prove his innocence to the one who was behind. A video recorder or witnesses will come to the rescue. But now is not about that.
Everything is more complicated in the "train". It is from the outside that they look the same, and the reasons for their occurrence can be completely different. For example, a reckless driver crashed into cars standing at a traffic light, gathering everyone in front of them in an accordion. In this case, the person who was the last in the train will be the culprit in the accident. All owners of damaged vehicles can claim damages from him.
The second case: for some reason, one car crashes into another, which is driving in front, and then another car enters it, the third one, the fourth one, and so on. In this situation, there was not one accident, but several. And each one is drawn up separately.
In the first accident, the rear one is to blame, in the second - the one who drove into the first culprit, and so on. That is, if five cars were involved in an accident, then four accidents are registered, in which there are four culprits. And all of them are the ones who crashed from behind. Why? Because they weren't keeping their distance. And in this case, it is easier for the victims to receive compensation, since several CTP policies of the perpetrators will be involved in the registration, and not one.
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How to register such accidents?
In the first situation, one cannot do without registering an accident with a traffic police call. According to the European protocol, this will not work, since there are more than two participants in an accident. But, having received all the documents in hand, you need to apply for payment to your insurance company for direct compensation for damage. True, you must first make sure that the person responsible for the accident has an OSAGO policy and that it is valid.
In the second situation, the accident can even be registered according to the European protocol. Indeed, in each of the accidents in this case, only two cars are involved. Therefore, you can do without calling the traffic police, but on condition that all participants agree to this. If at least one of them requires registration with the traffic police, everyone will have to wait for the employees.
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What if there is not enough OSAGO coverage?
In the first situation, when the culprit is one, and there are many victims, it is obvious that the OSAGO coverage will not be enough to fully compensate for the harm caused. In this situation, the insurer will assess the damage and pay each victim money in proportion to the damage as a percentage of the maximum amount of damage compensation - 400 thousand rubles (if there are no dead or injured in the accident).
Let's say the cost of refurbishing the first car is 200,000 rubles, the second - 400,000, and the third - 600,000. In this situation, the insurer will pay the first 65,000 rubles, the second - 135,000, and the third - 200,000.
The victims will have to recover the missing amount from the perpetrator of the accident on their own - as a rule, through the courts. But the law is on their side. According to article 15 of the Civil Code, a person whose right has been violated can claim full compensation for the losses caused to him.
For this, it is not even necessary to carry out an independent examination, if the damage assessment made by the insurer is satisfactory. You can write a request to the culprit to reimburse the missing amount voluntarily. Or you can immediately file a claim in court.
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