The Supreme Court of the Russian Federation clarified that handing over keys and documents does not exempt the car owner from compensating for damages after an accident. The reason was an accident in Khabarovsk, where the culprit in a minivan caused a collision with a passenger car.

The victim received the maximum 400,000 rubles from the insurance company under OSAGO, but the car was declared a total loss. Experts estimated its market value at 2.12 million rubles, and salvageable parts at 283,000. The uncovered damage amounted to 1.44 million rubles.

The district court, appeal, and cassation only recovered compensation from the driver who was behind the wheel, and the owner of the minivan was not held liable. The Supreme Court overturned these decisions and sent the case for a new trial. The highest instance reminded: damage caused by a source of increased danger, as a general rule, must be compensated by its owner.

The simple transfer of keys and registration documents only confirms the will to use the car, but does not mean the transfer of ownership in the legal sense. To release the owner from liability, it is necessary to prove the transfer of the car under a lease agreement or the inclusion of the driver in the OSAGO policy. These circumstances were not verified by the courts, so the case was returned to the first instance.