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The lawyer spoke about the risks of accidents with foreigners without CTP

Lawyer Sazonov: it is very difficult to recover damages from foreigners without CTP
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Photo: IZVESTIA/Anna Selina
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Foreigners without CTP are not affected by the usual measures in case of an accident: it is more difficult to summon them to court, it is more difficult to recover damages from them, and restrictions from bailiffs do not work. This was told to Izvestia by car lawyer Stanislav Sazonov.

According to the expert, if the culprit of the accident does not have a CTP, a European protocol cannot be concluded — it is necessary to call the traffic police to register the incident. The next step is the trial, which has its own peculiarities in this case.

"If a foreigner does not have CTP, that is, insurance does not recover the damage, then, accordingly, we will collect from him personally. In this case, Article 402 of the Code of Civil Procedure should be applied: it says that a Russian court has the right to consider a case if it concerns compensation for damage caused to property on the territory of the Russian Federation," Sazonov said.

The law obliges to file a lawsuit at the defendant's place of residence. At the same time, if the culprit of the accident does not have an official registration and his actual place of residence is unknown, then you can file a claim at the scene of the accident or at the plaintiff's place of residence with a request to determine the location of the culprit of the accident, the lawyer advised.

If the perpetrator refuses to compensate for the damage, the victim must contact the bailiff service. Nevertheless, it will be quite difficult to apply the usual restrictive measures to a foreigner. For example, he cannot be restricted from traveling abroad, and if the defendant leaves for his native country, the bailiffs will be almost unable to influence him in any way.

"If he has any bank accounts, they can put an arrest on them, but that's it. If he wants to leave for his homeland, then, unfortunately, the decision will be stillborn, without actual execution," the expert explained.

It is also possible for a foreigner to drive someone else's car by proxy. In this case, you can try to hold the owner accountable for the transfer of a high-risk vehicle to the cause of the accident, if the damage cannot be recovered from the driver himself, Sazonov said.

"It is possible to file such a claim against an individual, but it is much more promising if the owner is a legal entity. In this case, you can put pressure on the fact that it was an employee of the organization, which increases the chances," the lawyer said.

The expert also noted the following risk: it is possible that the culprit leaves for his homeland and changes his documents. Subsequently, upon returning to the Russian Federation, he becomes invisible to Russian bases and systems.

"Unfortunately, such a scheme is absolutely real at the moment and, in my opinion, repeatable," the lawyer shared.

The expert recommended weighing losses and benefits: if there is reason to believe that the culprit will not be found, then there is no point in spending money on litigation.

"It remains only to cling to the owner of the car if there is a power of attorney. The situation is at a stalemate, but at least there are some prospects to return some of the money," Sazonov summed up.

Переведено сервисом «Яндекс Переводчик»

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