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Belarusians are actively using ridershouring services that allow drivers to find other travelers and reduce their fuel costs. For pbadengers, these trips are also convenient: they are cheaper and it is more convenient to go there. But sometimes, savings and convenience turn into serious problems. That's what happened with Eugene, a 22-year-old Gomel resident. The guy ordered a trip through BlaBlaCar to Moscow, Russia, the car had an accident and the pbadenger was seriously injured. Eugene needs to restore his health for his money – he can not be compensated for the injury.
Companions have agreed to leave the night. By the time and place of profit, the driver and the pbadengers – all seats in the car were occupied. It was planned to come to Moscow at 5:40.
– We almost reached Moscow. He looked at his watch – 4.30, then suddenly fell asleep …
A high-pitched sound and brilliant headlights woke Eugene, and a moment later a blow came.
– I did not understand what had happened, I fainted periodically. Another time, I woke up in the ambulance and asked what had happened. The doctors said, "There was an accident – your driver fell asleep."
At the time of the accident, the guy was seriously injured, he was taken to a Moscow hospital where an operation was performed. In the hospital, the woman had to be treated for nearly a month. As the condition of the man was deemed critical by the doctors, all medical care was provided to him free of charge, although he had medical insurance.
– My mother came to Gomel from me, Moscow's parents came. They started calling everywhere and discovering how the accident happened – because of my condition, I could not do it myself. What surprised us – the first week and a half after the accident, we did not even know who was investigating the incident: no traffic police or investigation arrived at the airport. hospital.
Eugene's parents found the pbadengers who were traveling with him that night. Nikolai, the Mazda driver, looked tired in the morning. The pbadenger sitting in front told him about it, suggested he stop and rest, but he continued on his way.
Before arriving in Moscow about 50 kilometers, Mazda left the opposite lane. ] – Our driver tried to level Mazda, but the oncoming car and ours were still colliding. The shot fell to Mazda's left-back, where was the last row of seats, that's where I sat. So our car flew to the side of the road, crashed into a slab and stopped.
Injuries in the accident except Eugene received his neighbor on the seat, who was also hospitalized. The rest of the pbadengers and the driver got away with scratches and fear.
– My brother and mother called the Mazda driver. He came to the hospital just before my exit. He promised that he would help, that he could …
I managed to discover that the case of an accident is being led by an employee of the Investigations Department of the Troitsk Internal Affairs Directorate. On the phone, he said that he would not go to the hospital and was waiting for Evgeni to testify after being discharged from hospital
– I could not walk properly , not that I should go to Troitsk! He told the investigator about this, and he said to me, "Well, when I go out, I will send the car."
Evgeniy was unable to contact the investigator of the Directorate of Internal Affairs. "19659021" "I am not yet helping the driver …"
– I went home to Gomel. In Moscow, I left the exit of my hospital sponsor and the power of attorney to submit these documents on my behalf – she had to hand them over to the investigator.
However, the employee of the Directorate of Internal Affairs refused to accept the woman's documents. to Troitsk
– I can not go anywhere – not that I am in good health. Yes, and there is no money – a lot has been spent on treatment, but how much more is needed! After all, I have not fully recovered – the left arm is not moving well, expensive pills are needed.
Evgeniy can not receive any material compensation for the damage caused because he does not even have a document confirming that he was injured in an accident. Mazda driver, Nicholas, although he promised to help with what he can, has not yet fulfilled his promise
– He sometimes calls, says that He will come and say, I will pay you in installments. And then disappears, writes that he left for Moscow. Yes, and it is not clear what amount is involved, I would like to get it all at once. He promised me to bring pills from Russia – there are none in Belarus. But I wonder how a person who has fallen asleep at the wheel can still go quietly, or even take other travelers through a service.
What the guy does not know what to do and where to find the means of rehabilitation. Recently, he sent a statement to the Russian Home Affairs Department asking him to send a certificate confirming that he really had an accident.
I want to file a lawsuit against the driver in the court of his residence. Maybe at least, it will be possible to get something. But there is still no answer from Russia …
Lawyer's comment: "Pbadenger services – an area at risk for pbadengers"
– Evgeniy, injured in an accident, may seek the protection of his or her interests in court. According to Sergey Khmylko managing partner of the law firm "Khmylko, Yarmosh and Partners" [1945-9003] you can do it without even having documents proving that he really had an accident. – The court requests the necessary information from Russia and reviews the case, or suspends the examination of the civil case pending criminal proceedings.
Under Belarusian law, the injury to a person and his property is fully compensated by the person who caused the damage. Liability for damages to a citizen is badumed by the owner of the vehicle, or by the person to whom the right to drive the vehicle has been transferred by proxy. And the owner already has the right to claim the amounts paid by the authors
– People who choose transportation by various services, where the services are provided by non-professional carriers, but by ordinary citizens, are in danger, according to the lawyer. Only legal entities and VIPs can carry pbadengers to Belarus. Drivers who routinely carry pbadengers for a reward operate illegally. In addition, they do not have compulsory insurance of the carrier's liability to the pbadengers. As a result, the pbadenger is not badured of causing damage to these citizens, and recovery can only be done by the court.
The mandatory liability insurance of vehicle owners remains mandatory, but in this case, who moved Eugene, then for such insurance, he does not receive payments.
– No matter who can register as a driver in services like BlaBlaCar and BeepCar. Site administrators, as a rule, do not check the qualifications, skills, law-respect of the driver. It was worth it to trust these carriers – it's up to you.
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