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No OSAGO - No Debt Discharge Through Bankruptcy

The Supreme Court left the driver with debt after an uninsured accident

The average cost of an annual OSAGO policy is currently around 7,800 rubles. Driving a car without mandatory insurance incurs a fine of 800 rubles, and for a long time, the risk for drivers was quite limited: the penalty depended on whether an inspector stopped them.

But saving on a policy can result in completely different sums if an uninsured driver gets into a serious accident.

Image source: Chatgpt

This was recently demonstrated by the Supreme Court using the case of a resident of the Volgograd region. The court put an end to the dispute over whether a multi-thousand-ruble debt after an accident without OSAGO can be discharged through personal bankruptcy. The answer was negative.

How the Debt Grew to Almost 700 Thousand

In the summer of 2023, a resident of the Volgograd region purchased a motorcycle. On the same day, he got behind the wheel without obtaining an OSAGO policy and got into an accident, damaging another person's car.

As a result, he was ordered to pay 691,911 rubles in compensation for damages. Additionally, the court awarded 8,500 rubles for towing expenses, 12,960 rubles for expert examination, and 10,119 rubles 11 kopecks for state duty. Almost immediately after this, another idea arose: to use bankruptcy.

A few months later, on October 21, 2024, the driver filed for bankruptcy. The logic was quite clear: bankruptcy proceedings, in certain cases, allow a person to be released from some of their remaining debts. However, a problem arose specifically with this obligation.

Lower Courts Initially Allowed the Debt to Be Written Off

The Arbitration Court of the first instance sided with the victim and ruled that the debt remained.

The reason was not just the accident itself, but the debtor's behavior. He deliberately drove the motorcycle without mandatory insurance, and then, already owing money to the victim, filed for his own bankruptcy.

The appellate and district courts viewed the situation differently. They considered that this debt itself did not fall under the obligations that the bankruptcy law explicitly prohibits from being written off. The victim disagreed and appealed to the Supreme Court. That's where the situation changed.

What the Supreme Court Decided

On June 1, 2026, the Judicial Collegium for Economic Disputes of the Supreme Court overturned the decisions of the appeal and cassation courts and upheld the decision of the first instance. The key factor was not the mere fact that the person was involved in an accident, but the totality of his actions.

Image source: Chatgpt

The Supreme Court indicated that the debtor violated the obligation to insure his civil liability, did not begin to repay the debt after the accident, and then initiated his own bankruptcy. These circumstances allowed his behavior to be recognized as unlawful in the sense of bankruptcy legislation.

Consequently, discharge from the obligation to the victim is not allowed. In other words, bankruptcy in this case did not become a way to get rid of the debt. It remains with the debtor.

What This Means for the Victim

If a driver without OSAGO crashes into your car, you cannot count on a regular insurance payout for vehicle damage. In such a situation, the claim for damages is made directly against the at-fault party. That is why having a policy is important not only for the driver themselves but also for the person they might harm.

In the case under consideration, the victim was effectively faced with a choice: either get the opportunity to recover the awarded amount from the perpetrator, or face the risk that the debt would be written off as part of bankruptcy. The Supreme Court chose the first option.

However, the decision does not mean that absolutely any debt after an accident without OSAGO can never automatically be written off in bankruptcy. In this specific case, the court assessed the totality of circumstances, including unlawful driving without insurance and the subsequent behavior of the debtor. It was this combination that became the basis for preserving the debt.

The 800 Ruble Fine is Far From the Main Risk

For a driver who deliberately drives without a policy, the fine may seem relatively small. 800 rubles is an amount that seems insignificant against the cost of the car itself or ordinary repairs. That is why some motorists perceive the absence of OSAGO as a kind of saving: the policy costs thousands of rubles, and you might not get caught every day.

But an accident completely changes the arithmetic. One unlucky moment — and instead of a few thousand rubles for insurance, there is an obligation to compensate for damage that can amount to hundreds of thousands.

Image source: Chatgpt

In the case from the Volgograd region, the amount of primary damage was 691,911 rubles. Including additional expenses, the total exceeded 720 thousand rubles. Against this background, the cost of an annual policy looks completely different.

What Happens If You Continue to Drive Without Insurance

The problem for the violator is not limited to one fine. Upon repeated offense within a year, the sanctions become more serious. Subsequently, the driver may also receive a demand to cease operating the vehicle without a valid policy.

And if, after that, they continue to ignore the police officer's demand, the situation goes beyond a simple violation of insurance rules and may entail liability for disobeying a lawful order of a police officer. That is, the initial savings turn into a chain of potential expenses and problems.

Cameras Can Change the Entire Control System

There is another reason why the attitude towards driving without OSAGO may change. While the absence of a policy is not fully monitored by cameras, the risk for the violator is largely associated with a personal encounter with an inspector.

But insurers and authorities planned to launch automatic OSAGO checks using road cameras. With this approach, the absence of a policy can be detected without stopping the car.

If the mechanism works in the declared format, saving on insurance will no longer depend solely on whether the driver met an inspector.

The question then will no longer be "will they catch me or not," but how many times the system records the violation.

Simple Arithmetic Becomes Completely Different

Saving on OSAGO looks attractive only as long as the driver compares the cost of the policy with the fine. But if you add an accident to the calculation, the picture changes dramatically.

The sequence is approximately as follows:

  • a policy costs a conditional 7,800 rubles per year;
  • lack of insurance can lead to a fine;
  • in case of an accident, damages must be compensated independently;
  • the amount of recovery can reach hundreds of thousands of rubles;
  • personal bankruptcy does not necessarily allow one to get rid of such an obligation.

It is this last point that the Supreme Court has now made particularly clear with its decision in the case of the motorcyclist from the Volgograd region.

So, Is It Worth Saving on OSAGO?

From the perspective of simple arithmetic, the question seems strange.

You can pay a few thousand rubles a year and transfer a significant part of the risk to an insurance company. Or you can refuse the policy for the sake of saving and leave the potential consequences of an accident entirely to yourself. And we are not just talking about repairing someone else's car. In a serious accident, the amounts can be significantly higher.

Image source: Chatgpt

The story from the Volgograd region is important precisely for this reason. Previously, a driver might have perceived the absence of OSAGO primarily as a risk of getting a relatively small fine. Now there is another factor: if a debt arises due to unlawful driving without insurance, one cannot count on bankruptcy as a guaranteed way to get rid of it.

The Supreme Court has effectively shown the price of this saving with a concrete example: a few thousand rubles for a policy versus almost 700 thousand rubles in primary damages alone.

And this, perhaps, is the case when one should compare not the cost of insurance with the fine, but the cost of insurance with the potential liability for a single mistake on the road.

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