The driver fell asleep at the wheel: in St. Petersburg, a girl who became disabled due to an accident, seeks compensation from the carrier

On the night of August 2, 2014, a company of 14 people aged from 22 to 27 went by bus from St. Petersburg to celebrate the wedding of friends to Minsk. Ford Transit with a driver young people ordered from the transport company LLC TK BARS. The company was considered a reliable and safe carrier: its list of clients included a number of government agencies, its drivers served even the St. Petersburg International Economic Forum.

Towards morning, almost at the very border with Belarus, when all passengers were fast asleep, the driver overcame a dream. At about 4 am, at the 452nd kilometer of the P-23 route, the bus lost control and at a speed of 113 km / h slid into a ditch, ramming several trees. Three people, including the groom, died on the spot. Visitors to the roadside café saw the exit of the car from the highway - they immediately called in the medical staff, the police and the rescuers.

Almost all passengers received injuries of varying severity. The driver is almost not injured. Anna Buslova, who was sitting in the back of the car, received a fracture of the thoracic spine, which led to paralysis of the lower body. She was recognized as a disabled person in group I, spent several months in the hospital, and then remained in a rehabilitation center for a long time.

“I remember how we were preparing for the wedding,” RT told Anna. - From our company we are all close friends. Pasha and Anya got married first, so we tried very hard to make them a good holiday. I remember getting into the car, driving. But the accident itself or how they got me out of the car - no. An ambulance, probably, traveled to us for half an hour. Those who died, died on the spot, before the arrival of physicians. "

According to Anna, the tragedy left a deep psychological trauma: she herself took antidepressants for a long time after the accident, many of the survivors still visit a psychologist, and one of the girls after the tragedy began to have regular panic attacks.

“No one survived these events easily,” admits Buslova. - I hate to see myself in a wheelchair. Anya, on whose wedding we were going, still hasn't fully recovered. But we all communicate closely and support each other. ”

Representatives of the transport company, according to Buslova, didn’t show themselves after the accident, didn’t try to get involved with the victims. Even the money for the trip was not returned - the contract was executed for one of the dead.

In addition, the car was not insured for "carrier liability". The insurance company has paid compensation to victims only under the contract OSAGO.

In fact, the driver received a three-year colony settlement, agreeing with all the accusations. He paid the victims only about 60 thousand rubles. He apologized at the trial, but they did not believe in his repentance. Now the man is already free.

• Anna Buslova (pictured in a dark green dress) at girlfriend's hen party
• RT

Justice in court

In TC BARS, the victims of the accident were initially asked to resolve the issue without a trial. Anna Buslova, according to her, the company promised to buy an apartment in St. Petersburg and pay 500 thousand rubles of compensation. However, according to Buslova, it was possible to pay only with five victims, whose financial claims were less than the rest: the total amount of compensation was 3 million rubles.

As a result, friends sued the company. In 2016, he decided to recover about 20 million rubles from TK BARS in favor of the victims - five of them were relied on by Buslova. In addition to this amount, she was awarded life-long payments in the amount of 18 thousand rubles a month - as much as she earned at the time of the accident and disability.

The verdict of the court led to the freezing of the accounts of TK BARS and the seizure of property, including one of the most valuable assets - a building in Litovskaya Street in St. Petersburg. The company suffered serious reputational and financial losses - it lost its large customers and the ability to conclude government contracts.

However, the bailiffs still can not recover the required amount. According to Buslova, at the moment the company is trying to implement its fleet, we are not talking about real estate. For placing cars for sale, the bailiff ordered an examination from third parties, but the company in court challenged such an assessment procedure.

At the same time, representatives of the company insist that they themselves would have sold their property long ago and paid off their debts, but it is under arrest. The office building is pledged to the bank, which is not formally against its sale, but cannot take any action until the arrest is lifted.

In addition to the victims, the company has obligations to the FTS, in connection with which the question arises of the sequence of debt collection.

“For the bank, I'm standing in the fourth line to receive money,” says Anna. - My claim is stated before the tax requirements, but the agency will receive the money first. All because of the error of the bailiff, which he can no longer fix and for which the money does not even reach the FSSP accounts. However, the police officer, because of which the error occurred, has already left, and the new one also cannot correct the situation. ”

Anna added that the compensation for all victims is combined, consisting of compensation for damage to health, non-pecuniary damage and compensation for lost earnings. However, the total amount was put in the third place, where moral damage and tax claims are usually attributed, whereas payments in terms of harm to health should be made first.

Anna has already spent more than 200 thousand rubles on litigation. According to her, she was lucky that she has a caring mother, brother and a young man, as well as suitable living conditions for a wheelchair user. She has no idea how she could recover and then participate in litigation without the support of loved ones. Now she occasionally has to attend rehabilitation activities. She has no chance of getting back on her feet.

The girl believes that TC BARS is still engaged in economic activities despite all arrests and prohibitions through affiliated legal entities. Buslov was surprised that the verdict of the court did not completely resolve the issue.

“I didn’t understand at the time why my lawyer was upset that the settlement didn’t succeed in resolving the issue,” says Anna. - Well, now everything fell into place. Court decisions, it turns out, you can not execute ad infinitum. ”

The press service of the UFSSP in St. Petersburg could not respond to the RT request regarding the execution of the court decision on the Buslova lawsuit.

“It would be better to withdraw the claims”

According to representatives of "TC BARS", the bus driver could overwork because of the noise, which was created by passengers, and constant stops for smoke breaks and trips to the toilet. The company also notes that the passengers of the bus were not fastened.

The representative of TC BARS explained that Ford Transit was insured in accordance with Federal Law No. 40-FZ (MTPL). Insurance under law No. 67-FZ (carrier’s liability) was available, but because of late payment of insurance premiums, the insurance contract was considered invalid at the time of the accident.

The company claims that they contacted the victims after the tragedy and offered to provide compensation out of court. However, “because of the intervention of lawyers who wanted to make money on the victims,” the victims went to court. The courts were delayed because of the need to present evidence of harm to health and property.

The company assures that they are ready to settle with victims, but its assets are blocked due to a lawsuit filed by the Property Relations Committee of the city of St. Petersburg regarding the division of land under the office building leased by the company for a period of 49 years.

“At present, a land plot is a key asset, having which one could receive a loan or realize a complex. However, almost simultaneously with claims from the accident in 2016, arbitration courts are litigating on the division and termination of the lease right by the CRO, ”said RT Deputy Director General for Legal Affairs TK BARS LLC Svetlana Makedonova.

The company considers the charges of circumventing and prohibiting activities as far-fetched. A representative of TK BARS claims that there are many third-party firms registered at the company's legal address, which can be misleading.

“As a variant of the development of events, we believe that it would be better if the victims took the writs against the voluntary security of the collected amounts of TC BARS LLC. Would enter into an agreement or several agreements with the company on the order of repayment of debt. Without arrests and bailiffs, this is much more real and effective than the unsuccessful measures taken so far, ”said RT Makedonova.