Can the owner of the car to expect to pay, if it is not inscribed in the insurance policy?

6 September 2018

Understand the intricacies of the Law about OSAGO

it would Seem that all the rules of CTP is clearly spelled out in the law. However, motorists are still a lot of questions about the benefits when the insured event occurs. For example, eligibility for compensation the owner got in an accident of the vehicle, if it was not inscribed in the insurance policy?

let us Examine the specific situation. Some motorists were issued the insurance policy on his car. It is inscribed two third parties but not the owner. And then he becomes the culprit of the accident. His insurance company pays compensation to the victims (in the particular case it amounted to 115 000). And then gives him recourse on payment of the specified amount.

of Course, the motorist in shock: the insurer has already paid to the other party all the money, but after that somehow requires their owner. But the policy he is! But one small detail: in accordance with article 14 of the Law on insurance of 25.04.2002 № 40-FZ, the insurance company may recourse to the citizen who caused the damage, in the amount of made insurance payments if the person is not specified in the policy.

Yes, the insurance policy was issued the vehicle. But the owner was not entered! In considered real case, it is impossible to ascertain whether this mistake is a mistake when taking out the policy, either as a motorist so I decided to save some (quite possibly, his KMB is higher than the other two drivers entered in the policy, so enabling the owner would increase the cost of insurance).

it is Noteworthy that to understand the Law on insurance could not only the owner but also the courts of first two instances. They sided with the owner and decided that he if has a driving licence, by default, has the right to drive your vehicle, regardless of, he is listed as a driver in the contract of insurance or not. So the insurance company vain demanded compensation from him.

Only then, the Supreme Court ruled that owners of vehicles entitled to conclude contracts of obligatory insurance taking into account limited number of drivers. Therefore, identifying these drivers in the policy is required regardless of whether the particular owner of the car or just runs it.

In the end, the resolution No. 69-КГ18-9 from 17.07.2018 the Supreme Court upheld the claim of the insurance company: the car is not inscribed in the insurance policy on your own car will be required to pay for the damage caused in the accident damage.