Who should pay in the event of an accident involving an unregistered car?

A large number of uncleared cars with foreign license plates on our roads get into accidents on the territory of Ukraine. Does the "autocivilka" insurance apply to these cars?

To understand in which cases insurance companies or MTIBU will "pay compensation after an accident with a car with a foreign registration, "Avtocentr" turned to the General Director of MTIBU Volodymyr Shevchenko.

According to him, "during the stay of a car with a foreign registration on the territory of Ukraine, the driver's liability must be ensured. That is, he must have a "Green Card" insurance policy, the territory of which covers Ukraine. The validity period of such a contract must correspond to the period of stay of the foreign car in Ukraine. 

In the absence of a "Green Card" insurance policy, the driver of the car may conclude a domestic motor third party liability insurance contract. According to the law "On Compulsory Motor Third Party Liability Insurance of Owners of Land Vehicles", the operation of cars without an insurance certificate (MCTL policy or "Green Card") is prohibited. At the same time, the lack of registration of a vehicle in Ukraine does not exempt the user from the obligation to have an insurance certificate.

In 2016, drivers of more than 152 thousand foreign-registered vehicles concluded a CTM policy, their number increased by 38% compared to 2015 (in 2015, 110 thousand such contracts were concluded)».

Now let's deal with the payment of insurance if an accident occurs. So: 

The person at fault in the accident – driver of a car with foreign registration

If he does not have an OSACV policy, then MTIBU pays insurance compensation to the victim of a road accident (if the latter had an insurance policy at the time of the accident) on general grounds, in accordance with clause 41.1 of Article 41 of Law No. 1961. 

Victim of a road accident - driver of a car with foreign registration

If the perpetrator did not have an OSACV policy, then MTIBU will also compensate him for the damages caused. But in this case, if the driver of a car with foreign registration has a valid MTPL policy or a "Green Card".

Important nuance 

In an accident where one of the participants does not have a MTPL insurance policy, settlement by drawing up a "Euro-protocol" is impossible. The fault of the participants in the accident is determined by the court, whose decision is mandatory for receiving payment from the MTIBU.

Source: Avtocentr.ua