The driver committed an accident while intoxicated. Got into an accident while drunk (deprivation of rights, compulsory motor insurance payments, compensation for damage to the victim)

Often, road traffic accidents that cause significant property damage, various injuries to participants, and sometimes loss of life occur because the person who caused the accident was drunk.

It is clear that in this case the responsibility of the person who committed such a violation is undoubted. But many motorists have a question: will the car insurer pay the insurance if the culprit of the accident was drunk, since there is an opinion that payment under compulsory motor liability insurance in case of an accident with a drunk driver is impossible due to the fact that traffic rules were clearly violated. This article examines this situation from a legal point of view.

Can I count on an insurance payment if the person at fault for an accident is drunk?

According to the requirements of the law, a drunk driver is under no circumstances allowed to drive a car, since this can provoke an accident, and it does not matter what caused this intoxication.

If this prohibition is violated, liability is provided for the person who caused the accident; at the same time, the fact that the person who committed the accident was intoxicated aggravates his guilt.

However, if the culprit was drunk, this does not exempt the insurance company from paying under compulsory motor liability insurance. In addition, such a circumstance does not affect either the need for compensation or its amount. At the same time, the insurance company does not have the right to redirect payment to the violator’s insurer.

Attention! If the culprit of the accident caused a collision while drunk, the victim should not doubt whether the insurance will pay - this circumstance will not affect the decision and the amount of compensation.

Therefore, in case of an accident with a drunk driver, the procedure for paying compensation is determined by the general rules regulated by domestic legislation, on the basis of clause 1 of Article 14.1 of Federal Law No. 40.

The same applies to deadlines. It is clear that if the person who caused the accident does not have an insurance policy, in accordance with Art. 1064 of the Civil Code, he will have to pay for the damage caused at his own expense.

Therefore, if the culprit of the accident was drunk and did not have a compulsory motor liability insurance policy, the answer to the question: will the insurance company pay compensation is obvious. In this case, the one who caused it must compensate for the damage. But to obtain such compensation, you will most likely need to go to court.

At the same time, in order to avoid unnecessary red tape and document the amount of loss incurred, it is recommended to first contact independent experts to assess the damage to the car. This measure will not only eliminate delays, but will also confirm the size of the loss.

But if both participants were drunk, this circumstance complicates the situation to some extent. In this case, the insurer has grounds to refuse compensation, because the fault in the collision is mutual. Also, the insurer may reasonably refuse to compensate for damage if the insurance contract provides for such a possibility if the person who caused the accident is drunk.

Of course, if the culprit of the accident was drunk, the question does not arise whether the insurance company will pay the insurance. But at the same time, she has the right to demand reciprocal compensation from him as recourse.

The insurer may assign such compensation in the following cases:

• when committing a deliberate crime or violating traffic rules;
• if intentional harm to health was caused or death of the victim occurred;
• when the one who created the emergency situation is in a stage of intoxication of a different nature;
• if the person driving the car and causing the accident did not have a license to drive the car;
• if the driver is not included in the car insurance, as well as if it is expired or not issued;
• if the “organizer” of the accident did not provide documentation of this fact as required by law;
• if the offender fled the scene;
• if the victim is not provided with a vehicle for inspection within ten days;
• if the applicant for insurance compensation has provided documentation for an expired car (diagnostic maintenance card, etc.).

Often, in practice, the very fact of driving in an inadequate manner may indicate the presence of intent to cause harm, since this is a flagrant violation of legal requirements. Therefore, in such a situation, the culprit will have to pay recourse to the insurer.

What information must the culprit provide to refute the fact of drunkenness?

Of course, the fact that the culprit of the accident was drunk will still need to be proven when determining the need to assign a recourse based on the results of the payment of compulsory motor liability insurance. In turn, a suspect in such an offense can confirm his adequate condition; for this he will need to undergo a medical examination in the prescribed manner.

In any case, the fact that the person responsible for the incident was drunk must be documented. In this case, measurement using instruments available to traffic police officers is not considered confirmation. A blood test must be done in a medical institution, and only its results make it possible to document the level of intoxication of the offender.

Who will pay for repairs if the state of alcohol intoxication is confirmed?

The insurance company that caused the accident must pay for repairs to the victim’s car, and the fact that the latter is intoxicated in such a situation is not important. If the violator does not have a compulsory motor liability insurance policy, he will need to compensate for the losses himself. However, the insurer in some situations outlined above may refuse to pay compensation.

To briefly summarize what has been said, it can be noted that:

• in the question: will insurance pay compensation if the culprit was drunk, in general, there is an affirmative answer. But at the same time, the insurance company will most likely withhold recourse from the culprit;
• the reason for refusing payment may be the simultaneous intoxication of both participants in the accident;
• If the culprit does not have a car insurance policy, he will pay for the repair of the damaged car or reimburse the cost of restoration on his own.

Nowadays, the call not to drink and drive is becoming more and more common. And this is completely no coincidence. An accident involving a victim while intoxicated can lead to quite unpleasant consequences - from a fine to imprisonment.

The key role in this case is played by the severity of harm to the health of all participants. Even if the culprit of the accident is not you, but another driver, you will have to bear responsibility in accordance with the established standards of current legislation.

Below we will consider in more detail what to do if a driver while intoxicated gets into an accident, what the offender faces and what circumstances can play a key role.

Drunk driving accident

Before we begin to consider the question of what threatens the guilty party if a blood test for alcohol during an accident shows that the permissible limit is exceeded, let us clarify who and how the drivers are checked.

A drunk driver can be visually assessed by the following signs: impaired speech and motor coordination, a strong smell of alcohol from the breath, inappropriate behavior and change in complexion. At the slightest suspicion, a traffic police officer may refer the driver for a medical examination.

Refusal of the latter indicates that the culprit of the accident was drunk. Accordingly, the court's verdict will be made under Article 264 of the Criminal Code of the Russian Federation.

Penalties

What threatens the culprit of the accident:

• An administrative fine of 30 thousand rubles for a period of one and a half years. A similar punishment is provided for.
• For transferring the right to drive a vehicle to a drunk person, punishment will follow not only the driver, but also the owner (similar to the previous paragraph). If the driver does not have a license, he will additionally face arrest for 10-15 days.
• If a similar offense is committed again, a fine of 50 thousand rubles, arrest for 15 days and confiscation of a driver’s license for 3 years are provided. In this case, it is important to remember that payment must be made within 30 calendar days, otherwise the amount will double.
• Criminal liability occurs when an accident occurs while drunk, which results in the death of participants (passengers, pedestrians). If one person dies, the culprit faces 7 years in prison and 3 years of deprivation of rights. In the event of the death of two or more persons, the term of restriction of freedom increases to 9 years.

If the victims survive the accident, the driver will be able to avoid prison, but he will be liable for compensation for material damage.

The fault of a drunk driver in an accident involving a pedestrian

Despite the presumption of innocence, a driver who hits a pedestrian is always at fault. And if he is still in a state of intoxication at this moment, then the punishment will be imposed according to the maximum limits. A mitigating circumstance can only be the sobriety of the person driving the car, the absence of a pedestrian crossing, etc.

In the case where the driver in an accident was intoxicated, you should not count on mercy. In addition, practice shows that when serious harm to health is caused, the judge makes a decision in favor of the pedestrian regarding compensation for the harm caused in the amount of 100 thousand rubles. If a victim receives a disability as a result of an accident - 500 thousand rubles, in the event of death, the relatives of the victim are paid 1 million rubles.

Punishment for causing harm to the health of others

If an accident occurs while intoxicated, then a punishment will be imposed in accordance with the established degree of severity of the harm caused to the victims.

For minor damage

If the participants in the traffic accident suffered minor damage and harm to health, then the culprit of the accident only faces deprivation of the right to drive all types of vehicles for a specific period and a fine of 2,500–5,000 rubles. But, if the accident was committed while intoxicated, then the victims may demand recovery of material damage through legal proceedings.

Average damage

At a moderate level of harm, the penalties for driving while intoxicated are more severe. This includes the imposition of a fine in the amount of 10–25 thousand rubles, and deprivation of the right to drive a vehicle for up to 2 years. Causing moderate harm is characterized by a longer rehabilitation period (over 21 days). This category also includes a moderate concussion.

Serious harm to health

If a drunk driver causes an accident and serious harm to health is caused that threatens his life, the culprit faces imprisonment for up to 4 years and confiscation of his driver’s license for 3 years. But in most cases, the court decides to replace prison arrest with forced labor.

Aggravating circumstances

The most significant aggravating circumstance of the driver is an accident while drunk. The punishment in this case will be maximum.

Fatal accident

The official punishment for a fatal accident is determined in accordance with Art. 264 of the Criminal Code of the Russian Federation. The fundamental factors in this case are the number of victims, the degree of harm caused and the presence of alcohol in the blood. A sober motorist can count on leniency, but if the driver was drunk when he was detained, then the punishment will be maximum, regardless of the presence of mitigating circumstances. Thus, the term of imprisonment varies from 3 to 9 years, and there may be involvement in compulsory labor for up to 5 years. As for driver's licenses, they can be revoked for up to a maximum period.

Will the insurance company pay for compulsory motor liability insurance?

In the current circumstances, this question interests every participant in a road accident, and therefore it is worth understanding it in more detail.

In accordance with the norms of current legislation, insurance is paid properly, regardless of the condition of the person at fault. However, certain nuances may arise. So, after paying the insurance compensation, the insurer has the legal right to file a claim with the court to recover costs from you due to the fact that you violated the terms of the insurance contract.

Can the culprit of an accident count on sick leave?

If the driver was injured in an accident, then he will definitely receive sick leave due to incapacity for work. But in this case it is important to take into account a number of circumstances. The amount of insurance payment may be reduced if it is officially confirmed that the driver was intoxicated or under the influence of psychotropic substances. All payments are made by the employer and the Social Insurance Fund and are regulated by law.

Why do drunk drivers still drive?

A wide variety of situations can arise in life that lead to a drunk person getting behind the wheel. And this is not always accompanied by the desire to simply ride in search of adventure. There are times when it is vital to urgently be in one place or another. And it’s good if nothing happened to the drunk driver and he was not detained by the traffic police.

It is important to remember that getting into an accident or being detained will lead to quite irreparable consequences. In addition, the fine, if there are victims, will be substantial, not to mention prosecution, even criminal liability.

Drunk driving leads to accidents that often hurt innocent people. Despite the tightening of rules, drunk driving remains the main cause of tragedies that occur on the roads. Depending on the situation, the law provides for various types of punishment, including criminal liability. There is also a related question about insurance payments for the violator’s existing policy.

Tightening of the current legislation was adopted in 2013.

According to the latest changes, drunk driving is punishable administratively:

• penalties in the amount of 30 thousand rubles, deprivation of the right to drive for 1.5-2 years;
• if you refuse to undergo an examination, an equal penalty is automatically imposed;
• transferring control to a drunk citizen is punishable by the same fine and deprivation of driving license for two years.
• If the person driving does not have a license, the owner of the car may be additionally arrested for 15 days;
• recurrences of such a violation within one year lead to the collection of 50 thousand rubles. and deprivation of driving license for three years.

The fine must be paid within 30 days after drawing up the protocol and notifying the perpetrator by mail. To appeal, he is given 10 days, during which he has the right to file a claim in court if there is evidence of unauthorized actions of the inspector. If the deadline for paying a fine is missed, penalties begin to accrue for each day of delay, then the case is transferred to the bailiff service for forced collection.

One of the additional punishments for illegal actions may be administrative arrest and mandatory community service. To obtain a certificate after the expiration of the period of deprivation, you will have to provide a medical certificate in the prescribed form and pass a theoretical course at the traffic police. Exams for those deprived of their licenses for drunkenness are taken strictly; if a person cannot pass it and continues to drive further, the punishment will be tougher.

Criminal liability arises when an accident occurs while drunk, resulting in damage to health or death of one or more persons. If one person died due to the driver’s fault, then the license will be taken away for three years and imprisonment for up to 7 years. If there are two or more victims, they will be punished with imprisonment for 9 years and will also be deprived of a driver's license for three years.

In cases of physical damage, the case is considered based on all available circumstances. The offender will be liable for all types of liability, including compensation for material damage, fines and imprisonment at the same time.

Despite the presumption of innocence, the driver is by definition at fault for the incident. He operates a vehicle of increased danger; if he is drunk, the punishment will be severe. If the car owner had been sober, the court could have considered mitigating circumstances. If there is a medical report confirming the fact of intoxication or the influence of drugs, the punishment will be imposed at the upper limit.

In such a situation, the fact that the pedestrian himself violated the rules will not help; jaywalking, crossing a red light, or another fault of the pedestrian will not help a drunk driver avoid responsibility.

The law provides for the following amount of penalty:

• minor damage to health: fine 2.5-3 thousand rubles, deprivation of driving license for 1.5 years;
• average damage to health: a fine of 10-25 thousand rubles and deprivation of driving license for up to 2 years, criminal liability for up to 5 years;
• serious damage or death of the victim after an accident: a prison term of up to 7 years and deprivation of a driver’s license for up to 3 years. If two or more pedestrians die at the scene of an accident due to the fault of a drunk driver, then he will face a prison sentence of up to 9 years.

In practice, the courts make a decision on material recovery in favor of the victim in the following sizes:

• for a crime against a pedestrian of moderate gravity: 100 thousand rubles;
• obtaining a disability group due to the fault of the driver: 500 thousand rubles;
• death of a pedestrian: 1 million rubles.

If the driver was drunk at the time of the accident, then no arguments about the pedestrian’s fault are taken into account. The amount of compensation for damages is determined by the court based on the claim of the victim or his relatives in the event of death.

A participant in an accident who was injured by the actions of the at-fault driver will receive insurance compensation, despite the recorded state of alcohol intoxication. After payment, the insurance company has the right to recover the amount of compensation from its client, since he violated the terms of the insurance contract. The compulsory insurance policy does not apply to citizens who have violated the insurance rules.

Such a serious violation as driving while intoxicated leaves no chance for the culprit; payments to the injured party will be collected from him through the court, along with all penalties and fines.

If the culprit is officially employed, then he will be compensated for his loss of ability to work.

Obtaining sick leave in this case has some nuances:

• the law allows for a reduction in the amount of disability benefits if the fact of the driver’s drunken state is documented;
• if the management of the enterprise takes note of the case materials, then a corresponding order is issued and temporary disability benefits are assigned lower than or equal to the minimum wage for the current month;
• a reduction in the required sick leave is carried out in the presence of information from the traffic police, a certificate or a medical examination of the perpetrator.

Payment for the certificate of incapacity for work is made by the FSS if the driver does not have official employment. All controversial issues regarding social payments for injury or illness in connection with an accident can be challenged in court by the person responsible for the accident. Other issues related to damage to third parties, or disagreement with the traffic police protocol, are resolved in the magistrate or district (city) court, depending on the cost of the claim.

Punishment for repeated drunk driving

It's fast and free! Read also:

• Got into an accident without insurance Very often, a driver gets into an accident without insurance. In this case, you must comply with all the conditions that will be described in the article and take the recommended measures. In […]
• A car is scratched in the parking lot Parking is a problem that concerns almost every driver moving around a large metropolis.

Punishment for a drunk driving accident without a license

• if serious harm to health is caused - imprisonment for up to 4 years and deprivation of rights for up to 3 years
• death of one person - from 2 to 7 years of imprisonment and rights for 3 years
• Several people died - from 4 to 9 years in prison and deprivation of rights up to 3 years.

Civil liability of a person involved in an accident while drunk. The essence of such liability is simple - due to intoxication, the culprit of the accident is obliged to compensate for the damage caused in full.

It doesn’t matter whether he has a compulsory motor liability insurance policy or not. Having a policy matters to the victim.

He will receive payments under compulsory motor liability insurance from the insurance company, which has the right to file a claim by way of recourse against the culprit of the accident.

What threatens a drunk driver who commits an accident?

If people are seriously injured during a traffic accident involving a drunk driver, then the likelihood of criminal liability increases.

Its measure will depend on the degree of damage caused and the number of victims.

In addition, the degree of responsibility will be influenced by how often the citizen has previously been caught driving drunk.

Important

If these were repeated cases, then there is a risk of being held liable even when no damage was caused.

An administrative fine and deprivation of rights for driving under the influence of alcohol are imposed by the court.

This is due to the fact that the two mentioned types of punishment are applied simultaneously.

If there are no victims in the accident, then, most likely, the punishment for an accident while drunk can be limited only to an administrative fine and a minimum period of deprivation of rights.

If a driver gets into an accident while drunk, what are the consequences?

When a fatal drunk driving accident occurs, we are already talking about criminal liability.
It consists of court-imposed imprisonment ranging from 2 to 7 years.

Attention

If a fatal drunk driving accident results in the death of two or more people, the culprit may be sentenced to 4 to 9 years in prison.

For an accident while drunk, the punishment in 2017 also includes compensation for material and moral losses (in addition to criminal liability).
And when a criminal case is opened regarding the accident, both the victim himself and his relatives can file claims against the culprit.
In this case, a civil claim is filed in the name of the investigation or court and attached to all materials in the criminal case. Then his fate is decided in the final verdict of the court.

Can you expect to receive payments if you are in an accident without your license?

If the culprit is officially employed, then he will be compensated for his loss of ability to work.

Obtaining sick leave in this case has some nuances:

• the law allows for a reduction in the amount of disability benefits if the fact of the driver’s drunken state is documented;
• if the management of the enterprise takes note of the case materials, then a corresponding order is issued and temporary disability benefits are assigned lower than or equal to the minimum wage for the current month;
• a reduction in the required sick leave is carried out in the presence of information from the traffic police, a certificate or a medical examination of the perpetrator.

Payment for the certificate of incapacity for work is made by the FSS if the driver does not have official employment.

Got into an accident while drunk

• Laws, changes, legal acts
• Documents, forms, applications

• home
• Useful
• I got into an accident while drunk - what threatens a drunk driver?

• All companies
• All companies on the map
• News
• Legal assistance online
• Useful

I got into an accident while drunk - what threatens a drunk driver? The culprits of a considerable part of accidents on the road are drunk drivers.

In just one half of last year, more than 5,500 accidents occurred in the Russian Federation due to the fault of irresponsible car owners.

These accidents injured more than 8,000 people and killed more than 900.

And unfortunately, there are more and more such accidents every year.

What happens to the driver if he gets into an accident without a license or insurance?

Are there ways to appeal? It also happens that suspicions of alcohol intoxication are brought unfoundedly.

Then the driver should insist in court that the materials on the administrative offense were compiled incorrectly.

In addition, it makes sense to focus on violations of the medical examination procedure.

Practice shows that errors during the examination can be the reason for the subsequent reversal of the punishment imposed by the court.

Finally, you need to remember the following.

Got into an accident while drunk

Damage to health If there was any damage to health, then the state of alcohol intoxication will be an aggravating fact for the culprit of the accident.

This will affect not only the attitude of the employees handling the case, but also the severity of the punishment that will be applied. It is believed that a drunk driver always had the opportunity to prevent an accident, which the driver could not take advantage of while intoxicated.

The punishment for this offense can be a real criminal sentence.

Find out more about what to do if you are accused of a hit-and-run.

Compensation for damage is a very important issue. The culprit and the victim, if they have compulsory motor liability insurance policies, can count on payment of compensation from insurance services.

Read additional information in this article in cases of road accidents in the presence of compulsory motor liability insurance.
Reliable with this company

• M16 Consulting LLC Thanks to lawyers, my family and I got back the money we invested in building a house. Thanks to the lawyers for their professionalism, attention and understanding of the entire situation. We found ourselves in a hopeless situation, we demanded to terminate the contract, they canceled the contract for us, but did not return the money.

  I had to spend a lot of time in court. But everything is over, the trial was won, we finally started to get the money back, and all thanks to M16 consulting, who negotiated for us in court and tried for the good of our cause!

• Law company No. 1 They installed a parking barrier, I was fined 5,000 tr, now I drove it into the ground and it doesn’t rise, can I be fined again?
• Lawyer Nadezhda Vladimirovna Makarova As life has shown, it is very difficult to find a good lawyer.

  Not only in Pushkin.

Drunk got into an accident without a license

Drunk driving accident Question Answer When is a driver considered drunk? If the driver has more than 0.16 ppm in the exhaled air, and more than 0.35 in the blood.

What actions to take if a drunk gets into an accident? - stop the car; - if people are injured, provide first aid, call an ambulance; — turn on the emergency lights, set up a warning triangle (15 meters from the car in a populated area, 30 meters from a car outside the populated area); — call traffic police officers to the scene of the accident; — do not move or move objects/machine; Is there liability for drinking alcohol after an accident? If you drank after an accident (before the examination) and prove that you were sober at the time of the accident, then you will face a fine of 30,000 rubles. with deprivation of rights for a period of 1.5 to 2 years.

What is the punishment if you get into an accident while drunk without a license? The car is considered an object of potential danger both for others and for the driver himself, therefore serious requirements are imposed on the person driving the car, and serious restrictions are also introduced in driving the vehicle.

Thus, Article 12.8 of the Code of Administrative Offenses of the Russian Federation provides for liability for driving a vehicle while intoxicated.

This article has several subparagraphs that provide explanations both for the driver caught under alcohol charges and for the traffic police officers who recorded this offense.

The offense was committed for the first time. The term “intoxication” in the administrative code refers to the state of a person under the influence of active substances of narcotic or alcoholic origin.

Calls not to drink and drive are not empty words, because the consequences for a driver in a situation where he gets into an accident while drunk can be catastrophically sad.

Under the influence of alcohol, a driver is often unable to adequately and quickly respond to events on the road.

In turn, often road accidents involving drunk drivers end in harm to the health of third parties and death. Even if the other driver is at fault for the accident, liability for driving under the influence of alcohol is extremely difficult to avoid.

We will tell you exactly what consequences a driver who gets into an accident while intoxicated faces in the information below.

You can ask the site’s duty lawyer for additional questions.

How and who determines the drunken state of a driver in an accident? Agree, drunkenness can be different.

This condition may not always affect appearance.