2024-03-24 07:13:23
It became known whether the decision will be canceled if the judge indicated the wrong name of the violator in the decision
Is it enough to present a sick leave certificate to the judge in order not to appear at the hearing of the case? A car service repaired a car under compulsory motor liability insurance: should anyone compensate for the loss of presentation? A person deprived of the right to drive uses his twin brother’s license to travel: what are the risks of substitution? The judge indicated the wrong name of the violator in the decision: will this be grounds for canceling the decision? President of the Collegium for the Legal Protection of Car Owners, Viktor Travin, answers readers’ questions.
Source: Evgeny Semenov / MK
They summoned me to court for driving into an oncoming street. But I was on sick leave and might not appear, so I reported this to the court by telephone. As confirmation, I sent my sick leave by mail. But the judge did not take it into account and deprived me of my rights in absentia. He said that there was not enough sick leave. What else do you need?
Anna, Lyubertsy.
From the point of view of common sense, the judge, having seen your sick leave, should conclude: it is necessary to postpone the consideration of the case until the “defendant” has fully recovered.
But this is from a common sense point of view. And if you adhere to the law, then calling the court and providing only a certificate of incapacity for work is not enough. You must submit a written petition: “Due to illness, I am not able to participate in the consideration of the case. I ask that the court hearing be postponed for a reasonable period of time. A copy of the certificate of incapacity for work is attached.”
You did not submit such a petition.
Therefore, the judge, having considered the case in your absence, was right. For it is necessary not only to send a sick leave, but also to ask the court in writing to postpone the consideration of the case.
The MTPL insurance company sent my car, which was damaged in an accident, to a car service center. Repaired fine. But who should compensate me for the costs of a tow truck, storage of the car in a paid garage until repairs, and lost presentation? The insurance company doesn’t want to pay…
Sergey, Vyazma.
This does not depend on the wishes of the insurance company. If she sends you for repairs to a car repair shop with which she has an agreement, by law she must also compensate for other losses caused to you in an accident or in connection with an accident. Unfortunately, many victims are happy: they say that the car was repaired under compulsory motor liability insurance, and it’s already good. No, not good.
The insurance company is obliged to compensate for the loss of the marketable value of your car. After all, no matter how well it is repaired, it still loses value. And this is your real loss. Moreover… Did you pay for the car to be towed from the scene of the accident to a paid garage or to a paid parking lot until it was repaired? This is also your loss due to the accident. Or, say, did you incur expenses in connection with the delivery of the victim to a medical facility? And this is your loss. Yes, if you turn on your memory, you will probably find many more circumstances that forced you to fork out money.
And if you have suffered losses associated with an accident and are documented, the court will side with you.
My brother’s license was suspended for a year. But sometimes he desperately needs to drive his car to St. Petersburg. He and I are twins. Even our wives sometimes confuse us. If I give him my driver’s license for emergency trips, what might this mean for him and for me?
Denis, Pushkino.
Yes, it’s funny… If wives can’t tell the difference, we can assume that a traffic police officer on the road, when checking your brother’s documents, is unlikely to see the difference between him and the portrait on your ID. But if your brother is exposed, he faces having his car placed in a special parking lot, a fine of up to 30,000 rubles, or administrative arrest of up to 15 days for being deprived of his license but continuing to drive.
And perhaps criminal prosecution for using a knowingly false ID. There will be a harsher punishment…
Yes, and you personally may innocently suffer if your brother drives in the opposite direction or knocks over a glass before the trip. After all, who will be punished? The one listed on the driver’s license. That is, you. There is no doubt that neither you nor your brother need such adventures.
So don’t play with fire – don’t give him your ID.
I received a ruling in court on my case and gasped: everywhere it is said that I, Oleg Ivanovich, violated traffic rules, but some Evgeniy Sergeevich should be deprived of his rights for this. In fact, it turns out that it was not me who was punished. Can I somehow turn this in my favor?
Oleg, Moscow.
Cases involving violation of traffic rules are basically similar to each other, and therefore court decisions also look like twins. Therefore, the judge opens a previous decision on the same case on the computer and only changes the name, time and place. I missed something – the name of yesterday’s hero remained in the resolution…
The legislator solved this problem: if a clerical error, mistake or typo crept into the resolution, they are simply corrected. And it won’t be possible to cancel a resolution just because your last name is listed somewhere.
But if you really want to see only yourself in the document, submit a statement to the judge: they say, I earnestly ask you not to confuse me with anyone in the future. And then the court will have to make a ruling on correction.
And if the judge notices the mistake himself, he will correct it without your request. So don’t really expect to use such flaws to your advantage. And don’t waste time turning to the judge to correct your first name and patronymic.
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