Can there be a car owner by the insured? The owner in words who is the legal owner of the vehicle.

The group of companies "Customs Technologies" is a valid member of the Association of International Automotive Carriers. We are the owners of the vehicle on which international cargo transportation is performed. This is an additional guarantee Quality of service and our responsibility to the client.

  • The presence of your own fleet confirms the stability of the financial condition of the carrier company.
  • Unlike the truck owner attracted driver, our employee will never give up your cargo, preferring a "more profitable" order.
  • The necessary transport is always at our disposal, and the timely delivery of your cargo will be provided in any situation.
  • Unlike the shipping controller, we ourselves manage our cars, always knowing exactly where the car is in.
  • We carefully follow technical condition His vehicle. Own repair and technical base allows you to always maintain full serviceability.
  • Only vehicle owners can provide stable tariffs for their services and the absence of expenses unplanned. In cooperation with us, you always know in advance what costs will require an export transaction.

By delivering from Russia to Asia countries, we use various logistic schemes, choosing the optimal option depending on the characteristics of the cargo.

Your product can be shipped by terrestrial, air, marine, or railway transport. But the fact that "Customs Technologies" is the owners of the vehicle, always confirms the sustainable position of our company in the market.

So, you can be calm for the safety and timely delivery of your departure.

Owners of freight vehicles

Trucks of the traffic police of Russia and the autoinpience of other countries are presented much more stringent demands than to "lights". Often private owners of trucks do not fulfill them.

Causes can be different: ignorance of innovations, the reluctance to follow the rules, the hope "to drive on Avos", the lack of financial opportunity. One way or another, due to non-compliance with conditions, an unexpected delay may arise in the path. The result can be unforeseen expenses or even loss of cargo.

Exercising international transportation, owner vehicle It is obliged to know and comply with the legislation and rules not only by their country, but also those states in whose territory he has to move. To navigate in a huge number of constantly changing orders, legal preparation, knowledge of specifics is necessary.

Objectively, only companies are the owners of the cargo vehicles, which have full-time specialists of varying orientation, can fully own all the necessary information.

In the team "Customs Technologies" work:

  • competent lawyers, perfectly knowledgeable legislation and requirements for freight transportation in those countries with which we cooperate;
  • experienced logists who quickly focusing in situations and capable of promptly developing the best movement scheme, choosing the safest and most profitable route and type of transport;
  • responsible drivers, clearly comply with all the terms of transportation and rules road;
  • repair service with highly qualified specialists, whose efforts our cars are always working and ready for long-distance travel.

Thanks to the well-coordinated work of employees, each of whom is a professional professional, our company confidently guarantees a clear fulfillment of all customer agreements. Any cargo we always deliver strictly in the agreed time, in complete safety.

"Customs technologies" - not just the owners of trucks and special equipment. In different regions of Russia, we have representative offices, also provided by personnel with high qualificationscorresponding international standards Technique and the necessary service base.

Therefore, we ship the cargo directly from different cities, always guaranteeing customers the perfect service and impeccable compliance between the agreements.

Wherever you are, whatever shipment you need to carry, you can always entrust it to the group of companies "Customs Technologies". Contact us by phone or use the site to clarify all the details.

Supreme Court He accepted a very interesting solution that concerns most of the masters of cars, motorcycles and other techniques. In fact, he reminded that the one who owned the car at the time of the incident should be responsible for violation. And to own and have owned - these are different things.

Becoming the owner of the car is simple. Enough so that the owner say "yes." Photo: EPA

Having a car is not only pleasant, honorable, but also obliging. Yes, moreover, also requires high responsibility as funds from the owner increased danger. And it is very easy to become the owner. To do this, it is enough to have rights and get oral consent from the owner. And in any form. You can make a power of attorney at the notary, and you can simply say: I trust you.

Recall that you can pass your authority in different ways. You can conclude an agreement on the transfer of a vehicle for temporary possession (lease). You can make a power of attorney at the notary. You can make a simple written form of attorney, where the notary's signature is not required. But you can also simply send the management of the vehicle into the hands of the one who has no relation to it.

It should be understood that at the same time the one who will sit behind the wheel should be entered into the policy of compulsory insurance of autocarted responsibility to third parties. This is a kind of confirmation that the driver is the trustee of the owner of the car.

In the event that the driver uses the vehicle, and at the same time he has an open policy in his hands, that is, according to which any driver is allowed behind the wheel, it is also not necessary power of attorney. Enough policy. But it is in this case it is about individuals. With legal, everything is more complicated.

But with the right to control the car such a car owner receives all responsibility for his actions.

If driving a power of attorney, the driver receives a remuneration, then it is not considered the owner

The accident occurred in August 2014. A certain citizen of Favorin did not cope with the car control, and he overturned. In the cabin was E. Balbarova, who received serious damage, and her daughter A. Balbarova, who died. Also in the car was Fedorov - the owner of this car.

The culprit of this incident was recognized as loved by the car. However, the criminal case against it was closed. Investigators did not find the composition of the crime under Part 3 of Article 264.

Then the spouses of Balbarov appealed to the court with a claim for compensation to them moral harm. For the death of his daughter - in the amount of a million rubles, and for applying serious injuries - in the amount of 500 thousand rubles.

The District Court, having established that Dzinin had a driver's license and managed a car in the presence of the owner, found the requirements for legal. True, partially. And recovered compensation in the amount of one million 400 thousand rubles.

But I did not agree with this. She stated that she was not the owner of the car, did not rule it on the basis of a power of attorney or on another legitimate basis, and therefore the improper defendant in the case. Responsibility, in her opinion, should be entrusted to Fedorova as the owner. She also pointed out that he was at the time of an accident in the cabin in a drunken form.

The Supreme Court of the Republic of Buryatia agreed with its arguments, indicating that the control of the car at the interpretation of the owner does not give grounds to consider it a legitimate owner of the source of increased danger, and canceled the decision of the district court.

However, the Supreme Court of the Russian Federation did not agree with such arguments, which cassation complaint He addressed Fedorov.

According to paragraph 1 of Article 1079 of the Civil Code, the owner of the heightened danger is obliged to fully compensate the damage. If a power of attorney for managing a vehicle is issued against a person, he is recognized by his legal owner when the car is transferred to him for temporary use and it uses it at his own discretion.

However, there is one exception. If the responsibility of the person to which the power of attorney was issued is only the control of the machine in the interests of another person, and for this, the remuneration (driver's services) is paid to him, the owner of the source of increased danger is not considered to be.

In addition, according to the rules of the road, the driver is not obliged to have a power of attorney for the right to control the car.

Thus, the Supreme Court decided, driving a vehicle without a written power of attorney, but if driver's license And in the presence of the owner, Favorin used a car on a legitimate basis.

At the same time, the Supreme Court noted, the lower court did not investigate the issue of providing driver services it, and other grounds for the liberation of a loved one did not establish damage.

Therefore, the appellate definition of the judicial board civil Affairs The Supreme Court of the Republic of Buryatia is illegal and subject to cancellation, ruled by the Supreme Court of the Russian Federation.

The case was sent to a new consideration in the appellate instance.

Every year, the laws of the Russian Federation provide for changes in the rules of the road, and new fines are introduced. This is caused by improving car characteristics and rapid growth in the number of motorists. An important role in the traffic rules began to allocate the responsibility of the owner of the car in the event of an accident. The responsibility of the owner of the vehicle during an accident may occur, even if he was not a car driver during road accident. We will figure it out in what cases the owner may be recovered.

Driver's responsibility

In most cases, the culprit of the offense is a person who at the time of the accident was driving a car.

The driver can attract to different types of responsibility, starting with the administrative, ending with the criminal. This directly depends on how it was the nature of the unlawful actions.

The causes and consequences of the accident determine the type of punishment. Violations rules PDD The administrative punishment is fraught. In case of accidents without harming the health of other people, the driver can attract to material recoveryallowing you to compensate for the damage caused to other road users. This situation has articles of the Civil Code of the Russian Federation.

If there are victims in an accident, the court may appoint arrest or deprivation of a driver's license for a certain period. In the most complex cases Provided criminal penalty.

A lot of road accidents depends on the behavior of the driver. For example, leaving place of accident, You can attach additional sanctions.

Responsibility of the owner of the vehicle

As judicial practice shows, not in all cases during autoavaria behind the wheel there is one who owns a car by documents. Often the hosts trust the management of their cars to friends or family members. Although the obligations of the driver and the owner are distinguished, the last in certain situations can be punished for the incident.

IN judicial practice The responsibility of the owner of the vehicle at an accident is not a very frequent case, nevertheless, such types of responsibility can be expected:

  • administrative;
  • civilian.

Criminal liability

If the accident led to applying grave harm Human health or his death, according to Articles 264 and 268 of the Criminal Code of the Russian Federation, the culprit is obliged to bring to criminal liability. In this case, the accident is regarded as a crime that the driver could make intentionally or by chance.

Of course, if the owner did not drive the vehicle during the incident, criminal liability For the commission of an accident, it does not fall on it, since its intent in this case is absent. Even if at that moment the owner was in the cabin of the car, he cannot have anything to do with the crime, since there is no guilt in an accident (wine is the main component of crimes).

Administrative punishment

If criminal liability at the car owner accident does not affect, then administrative punishment It can be attracted, even if the car managed another person. However, just no one appoints a recovery from the owner of the car: this requires the establishment of guilt.

There is a wide list of rules, the violation of which threatens administrative sanctions. For example, if the auto owner handed over the car control to a person who does not have a driver's license with himself or not at all.

The owner may also punish if he allowed the car to a person in a state of alcoholic or narcotic intoxication.

Administrative recovery expects the owner of the TC and then when the offense is recorded only with the help of road cameras. So, if the driver provoked an accident, but disappeared from the scene, the responsibility will fall on the owner.

From this rule there are exceptions. Under the administrative penalty, they are not falling on those owners who had a car bang. It is important that the factory theft is documented by contacting the police station.

Civil responsibility

Civil liability involves compensation for damage caused to another person or a vehicle during the accident. Recovery may be in reimbursement of expenses due to treatment in the hospital or in connection with the repair of the car. Often, the culprit has to compensate for moral harm. Responsibility, according to Civil Code RF (Article 1079), assigned to the owner of the vehicle.

This rule has exceptions. So, if the owner during the road accident was not the actual owner of the car due to the coxy, it could not be attracted to such a punishment. Punishment for the owner will not be in the event that the investigation proves that the victim acted intentionally to benefit. This circumstance is a reason for the court to remove the responsibility of harm from the owner. In addition, the judge can reduce the amount of payments. Reducing the amount of compensation is possible if the victim acted carelessly.

Civil liability for the owner of the car will not come if a person who has legitimate grounds for managing a vehicle (power of attorney) was driving. The driver will be responsible for the incident. But if the owner of the car was at this time in the cabin, it is believed that the vehicle was in his possession. Therefore, the recovery will still touch it.

It is important to remember that the owner of the car has the right to judicial order To recover from the culprit of the accident and the driver of the car the amount paid by him for a civil disorder.

The recovery in this case occurs in the reverse order.

Payments on OSAGO

Those who are to blame for a traffic accident, the compensation of losses on the OSAGO is not relying. This type of insurance implies material payments of an exclusively victim. You should not count on compensation if the car managed a person who was not written in the insurance policy of the vehicle. OSAGO does not imply and payments for the reimbursement of moral damage or damages applied by uninsured dangerous cargo.

There are situations where the company pays losses to the victim, but requires returning funds. This applies to cases when the driver managed the car without right or was in a state of alcohol or narcotic intoxication.

Driver's actions after an accident. What to do and in what order?: Video

The story is such. The man bought a car, issued a contract and was supposed to put the car for accounting in the traffic police in 10 days. But on the third day I got into an accident.

The man wanted to get money from the insured culprit, but could not. Insurance decided that he was not at all the owner, since another person was specified in the TCP. The purchase and sale agreement seems to mean anything.

The car owner went through the courts. The district and regional stood on the side of the insurance company and did not adopt a contract as confirmation of ownership. And the supreme gave everyone a hat and said that there is no: the contract is confirmed by the right of ownership, with all the consequences.

It should be noted that recently the Supreme Court is just doing that he says:

"Are you squeezed there on the ground?"

Total: if I bought a car, then officially become her owner when I signed a contract and got behind the wheel. If the former owner is specified in the TCP, and the car has not been removed from the traffic police, it does not matter.

Who is listed in the contract, he has the right to do everything that the owner can do. Including to demand compensation for damage from the insurance or culprit of an accident. And although registration in the traffic police is obligatory and without it can not be legal to use the car, it is not a relationship to the right of ownership.

In fact, cars need to be registered in the traffic police. What did the court say?

Indeed, there is such a rule: if the ownership needs to register in government agencies, the buyer will become the owner of such property only after registration. In this case, the contract of sale is not enough.

But ... Keep your hands ... This requirement concerns only real estate, and cars do not concern. Registration in the traffic police is not the registration of property rights, but the registration of the car itself.

The law does not have such rules so that ownership of the car somehow depended on the registration in the traffic police. It is impossible to limit the legal owner in the rights only because he did not remove the car from accounting and not specified in the TCP. And to force someone to be responsible for damage if the car is already sold under the contract, but has not yet been discontinued, too, it is also impossible.

Why do you generally contact the insurance culprit and sue? You can contact your and get compensation.

If a person has just bought a car, he still may not be the policy of Osago. For example, he just went to insurance company Or did not use the car at all, and it was damaged in the parking lot. For the victim it does not matter: even without its policy, you can get compensation in the insurance culprit of an accident.

Osago is insurance liability. If the culprit insured his responsibility and caused someone's damage, the insurance should pay it.

These explanations about the right of ownership and registration are important only for OSAGO?

These are very important clarifications that can be useful in different situations:

  • who requires the damage if the culprit does not have the policy or there is not enough payments, but in the TCP another owner;
  • to whom to pay damage, if I sold the car, and the buyer did not remove it from accounting and sued you;
  • who should seek reimbursement and in what insurance if the contract of sale was issued, and from the record the car has not yet been removed;
  • can they pick up the car to the account of the seller's debt, although you bought it, but I did not have time to take it off;
  • whether there is a burden on a car, which has not yet been removed from the metering, but under the contract already belongs to another owner.