A beautiful yellow sunset and a wintry road, nothing foreshadowed trouble when the Russian family’s car ran into a passing truck on the highway. Everything happened in the blink of an eye. A block of ice flew off the truck and pierced the windshield of the passenger car, killing nearly all occupants.
Father, mother and three children drove the Toyota. Broken glass hit the driver and his three-year-old daughter: the baby’s face was cut open and her father’s head. Luckily everyone is still alive. But what should the owner of the beaten “Japanese woman” do now? Who to ask for the damage to the car and your health, as well as the health of the child? Is anyone to blame here?
The opinions of motorists on social networks traditionally diverge. Of course, there were those who believed that no one was to blame. And that the driver may simply have installed a poor quality windshield. There were also those who recalled that “truckers going on a trailer to clear snow would do well to be trained in working at heights, pass an exam and receive constant instruction. In addition, they must be equipped with safety equipment: belts, attachment points or handrails.
That is, before punishing and fining, “it is necessary to create appropriate conditions. For example, to build overpasses for snow removal, or cleaning points for healthy money, or anything else that allows drivers to comply without breaking the law,” some drivers say.
“The problem of ice floes and snowdrifts flying off the roofs of trucks is solely a lack of accountability,” said Grigory Shukhman, a car and video recording expert for the Blue Buckets social movement. “Once truck drivers get real conditions for road user injuries and deaths, they will immediately find ways to rule out such incidents…
As for who and how to claim compensation in this situation, lawyer Ilya Afanasyev has no doubts:
– If the perpetrator of the accident does not have OSAGO, you must file a lawsuit against the owner of the car. And if he has a “car citizen”, the injured party in such a contactless accident must apply for compensation from the perpetrator’s insurance company. And if you go to your own, the insurer will certainly refuse. And it will be right…
By the way, the same point of view was confirmed several years ago by the Supreme Court of the Russian Federation, which interprets the concept of interaction (collision) as given in Art. 14.1 of the OSAGO Act, as direct contact of two vehicles. If it was not there at the time of the accident, then according to the aircraft, one of the requirements for direct compensation under OSAGO has not been met. Therefore, you need to contact the perpetrator of the insurance.
At the same time, it should be noted that the cases available in legal practice still do not inspire optimism for those who, by the will of fate, may find themselves in a similar situation. The courts of first instance are not too willing to honor the claims in such cases, so it can take years to compensate the victims….
A beautiful yellow sunset and a wintry road, nothing foreshadowed trouble when the Russian family’s car ran into a passing truck on the highway. Everything happened in an instant. A block of ice flew off the truck and pierced the windshield of the passenger car, killing nearly all occupants.
Father, mother and three children drove the Toyota. Broken glass hit the driver and his three-year-old daughter: the baby’s face was cut open and her father’s head. Luckily everyone is still alive. But what should the owner of the beaten “Japanese woman” do now? Who to ask for the damage to the car and your health, as well as the health of the child? Is anyone to blame here?
The opinions of motorists on social networks traditionally diverge. Of course, there were those who believed that no one was to blame. And that the driver may simply have installed a poor quality windshield. There were also those who recalled that “truckers going on a trailer to clear snow would do well to be trained in working at heights, pass an exam and receive constant instruction. In addition, they must be equipped with safety equipment: belts, attachment points or handrails.
That is, before punishing and fining, “it is necessary to create appropriate conditions. For example, to build overpasses for snow removal, or cleaning points for healthy money, or anything else that allows drivers to comply without breaking the law,” some drivers say.
“The problem of ice floes and snowdrifts flying off the roofs of trucks is solely a lack of accountability,” said Grigory Shukhman, a car and video recording expert for the Blue Buckets social movement. – As soon as truck drivers get real conditions for injuries and deaths of road users, they will immediately find ways to exclude such incidents …
As for who and how to claim compensation in this situation, lawyer Ilya Afanasyev has no doubts:
– If the perpetrator of the accident does not have OSAGO, you must file a lawsuit against the owner of the car. And if he has a “car citizen”, the injured party in such a contactless accident must apply for compensation from the perpetrator’s insurance company. And if you go to your own, the insurer will certainly refuse. And it will be right…
By the way, the same point of view was confirmed several years ago by the Supreme Court of the Russian Federation, which interprets the concept of interaction (collision) as given in Art. 14.1 of the OSAGO Act, as direct contact of two vehicles. If it was not there at the time of the accident, then according to the aircraft, one of the requirements for direct compensation under OSAGO has not been met. Therefore, you need to contact the perpetrator of the insurance.
At the same time, it should be noted that the cases available in legal practice still do not inspire optimism for those who, by the will of fate, may find themselves in a similar situation. The courts of first instance are not too willing to honor the claims in such cases, so it can take years to compensate the victims….
Source: Avto Vzglyad
Donald Salinas is an experienced automobile journalist and writer for Div Bracket. He brings his readers the latest news and developments from the world of automobiles, offering a unique and knowledgeable perspective on the latest trends and innovations in the automotive industry.