Верховному суду ПФ пришлось в очередной раз изучать тонкости возмещения ущерба после дорожной аварии.
ДТП на российских дорогах, к сожалению, не редкость. При этом бывают случаи, когда очевидно, кто виновник аварии, но не ясно, кто именно будет покрывать ущерб. Это возможно, если водитель не является собственником автомобиля, ставшего участником инцидента. Логично предположить, что возмещать урон должен непосредственный виновник случившегося, однако, есть некоторые «подводные» камни.Как правило, в подобных делах учитываются различные аспекты. Например, на каких основаниях виновник аварии сидел за рулём автомобиля в момент ДТП: было ли у него право владения ТС или только право пользования? В том, как поступать в подобных ситуациях, разобрался Верховный суд.
Ситуация в рассматриваемом случае была следующей: автовладелец дал свою машину знакомому. Тот допустил столкновение – въехал на ней в стоящий на светофоре автомобиль. В подразделении ГИБДД эту аварию оформили, при этом виновником признали водителя, двигавшегося не на своей машине. В ходе изучения документов стало очевидно, что этот автомобилист не вписан в полис ОСАГО, принадлежащий собственнику ТС. Получается, его гражданская ответственность не была застрахована в этом ДТП. Он отказался возмещать ущерб в добровольном порядке.
Как сообщает «Российская газета», в результате пострадавшей стороне пришлось провести независимую оценку ущерба и подать судебный иск к виновнику. Здесь важно то, что истец решил сменить ответчика – претензии теперь предъявлялись к собственнику машины. Судья первой инстанции в иске отказал, отметив, что ущерб должен возмещать непосредственный виновник столкновения: собственник доверил ему машину, отдал ключи и документы, то есть в момент ДТП водитель владел автомобилем на законных основаниях, так что и ущерб компенсировать ему.
Это решение отменил апелляционный суд: он удовлетворил требования пострадавшей стороны в той аварии. Судья заключил, что собственником автомобиля в момент аварии оставался изначальный владелец: водитель ведь не получил доверенность на право управления автомобилем, не был оформлен договор аренды или иной подобный документ. Так что апелляционный суд решил, что владельцем источника повышенной опасности, то есть, лицом, обязанным возместить ущерб, является всё же собственник ТС.
Кассационный суд не согласился с этим решением: было отмечено, что с 2012 года по закону была упразднена обязанность водителя иметь при себе доверенность. Собственник мог передать автомобиль водителю в пользование без выдачи доверенности. При этом сам виновник ДТП, присутствовавший на суде, не возражал, что именно он должен возмещать ущерб. В итоге кассационный суд оставил в силе решение суда первой инстанции.
Дело дошло до Верховного суда, который отменил решение кассационного суда и направил дело на новое рассмотрение. Вероятно, собственнику всё-таки придётся как минимум поучаствовать в возмещении ущерба. Ранее в подобных делах Верховный суд отмечал, что акт передачи собственником ТС другому лицу права управления (в том числе с передачей ключей и регистрационных документов на автомобиль), подтверждает волеизъявление собственника на передачу имущества в пользование, то есть это не говорит о передаче права владения имуществом. Следовательно, это не освобождает собственника от обязанности по возмещению вреда, причиненного этим имуществом (автомобиль по закону является источником повышенной опасности). Теперь судам предстоит определить степень вины и водителя, и собственника ТС, таким образом будут распределены доли компенсации вреда.
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