Application for theft of a vehicle: sample

A statement about the theft of a car in most cases does not imply the fact of theft, but the fact of theft of the car through theft, robbery or robbery. Files in .DOC: Application form for theft of a carSample application for theft of a car

The fact is that the everyday word “hijacking” means taking possession of a car without the purpose of stealing it. Simply put, “hijacking” is driving around for a bit and leaving the car somewhere on the side of the road.

Who can apply?

A statement of theft is submitted by the owner of the vehicle if it was actually stolen by unknown or even known persons. If the vehicle was transferred by proxy or rented out and is not returned in a timely manner, the police will refuse to initiate a case. In such cases, we are talking about a civil dispute, and not about a criminal offense. Therefore, it is worth filing a claim in court to return the transferred property - such a legal claim is called a vindication claim.

What if the driver was driving by proxy, and it was stolen along with the car? In this case, the owner and the authorized representative must contact the notary together - all issued powers of attorney are recorded in the journal, and this will confirm its existence. There are two possible solutions to the problem:

1. If the power of attorney gives the right to perform all actions, the authorized person can submit documents to the police and participate in the search.
2. If it is given only for management, only the owner can contact law enforcement. This must be taken into account if you purchase a car by proxy without re-registration.

Before filing a complaint with the police, you need to make sure that the car was not towed to a parking lot for violating parking rules. To do this, call the traffic police and make sure that the car is not on the list of those detained. If it was not found, you must contact law enforcement agencies and report the theft.

Where to report a stolen car

Theft of a vehicle is always a psychological blow to its owner, leaving the owner of the car in shock and confusion. But if suddenly this happens to you, you need to know how to behave in such a situation, and where you can report the theft. By responding to such an unpleasant incident in a timely manner, you can make the task of law enforcement agencies easier and help them quickly find the stolen car.

Knowing the procedure to take when a car is stolen, the injured car owner should not panic. Here you need to act calmly and systematically, adhering to a certain algorithm for responding to the situation.

Where and how to apply?

The first step of the owner after the car is stolen is to call the duty station on the mobile number “102”. The conversation is recorded, and a citizen’s oral appeal is considered sufficient grounds to initiate criminal proceedings. After receiving the call and recording the event, operational measures begin to search for the car. Information about the stolen car is transmitted to traffic police posts, as well as to all other services whose vehicles are equipped with radio communications. A patrol crew goes to the crime scene: an inspection is carried out and possible witnesses are interviewed. After this, the car owner will be asked to contact the duty station at his place of registration and file a report of the theft of the car.

How to do it

In order to seek help from the nearest duty station and report a stolen car, the owner must prove ownership of the stolen car.
The evidence may be a power of attorney, agreement or other document confirming ownership. Naturally, you will have to take these papers with you. However, situations can often arise when the car was stolen along with the documents. In such situations, there is also a solution. To do this, you will have to write an additional explanation, in which you should indicate the fact that there are no papers confirming ownership. In addition, a citizen has access to drawing up an official appeal. When conducting a dialogue with a representative of law enforcement agencies, it is necessary to explain to him how the owner learned about the fact of illegal seizure of the car.

Rules for drawing up an application

In the free field of the application, detailed information about the commission of the crime is indicated. At the same time, a citizen is not obliged to know specific norms of legislation and independently determine the article of the Criminal Code of the Russian Federation. This will be done by the police officer on duty. The citizen is required to indicate the following information:

• Full name, passport details and contact information for communication with law enforcement officers.
• The most complete data about the vehicle. This is the brand, color, license plate number and other information from the PTS, as well as detailed external features. Indicate any dents, scratches, or other external damage, as well as drawings, stickers, or other marks that will be distinctive. It is also worth indicating the color of the interior and listing the items that were in the interior at the time of the theft.
• Availability of alarm and other protection equipment.
• Availability of insurance. Indicate whether the transport was insured under MTPL and CASCO.
• Availability of a collateral agreement. It is worth pointing out that the car was purchased through a car loan and is currently pledged to the bank.
• Place, estimated time and circumstances of the car theft. It is necessary to provide all information that will help the police find the missing property. If necessary, the employee will ask clarifying questions.

It is worth emphasizing separately that you did not transfer the right to drive the vehicle to anyone, and that relatives do not have the keys. The application includes car keys with an alarm key fob, as well as documents on ownership of the car.

The police are required to accept and register the paper. After this, the applicant is given a resolution to initiate a case, recognition as a victim and an act of acceptance of the keys. In the future, these papers must be submitted to the tax authorities to temporarily stop the accrual of tax and to the insurance company to receive compensation.

To the insurance company

As mentioned above, immediately after the loss of a vehicle, you should contact your insurance company, and this should be done immediately, since according to the contract, the time frame for contacting is calculated in hours, not days. The timing for providing information may vary depending on the company, but in any case there is no need to delay. After the call, you need to visit the company’s office in person and write a statement about the occurrence of an insured event; sample statements will be given to you. Most insurance companies prefer to insure themselves, so in addition they will be asked to conclude an agreement on mandatory notification of the insurer when a vehicle is found or about the availability of any information. Insurance companies do not recommend giving away duplicate keys and key fobs for anti-theft systems, but the police almost always ask for them, so you need to take a key acceptance certificate as well. After initiating a criminal case, you should return to the insurance company’s office with the same package of documents as when applying to the tax office and provide copies of the documents. It should be remembered that payments are made only by bank transfer, so you will also be asked for bank details, be prepared to provide them.

So, the minimum package of documents to receive insurance payments is as follows:

• certificate and resolution on the acceptance and initiation of a criminal case;
• documents for the vehicle;
• car keys and anti-theft key fobs or an acceptance certificate to police officers;
• original insurance policy.

Application deadlines

Formally, there is no deadline for submission, but in practice, the first hours of searching are the most effective. If you decide to call your friends and acquaintances in advance or look for a car in the area on your own, you will make a big mistake. During this time, the attackers will have time to drive it away, hide it well, or simply disassemble the car for subsequent sale for spare parts.

If you report to the police only the next day after the loss, there is a very high risk that the paper will simply be put away and no one will seriously search for it. The sooner you contact law enforcement, the greater the chance that the car will be successfully found.

In any case, it is advisable to apply within the first two days after the crime has been committed. Insurance companies usually set a 5-day period for applying for compensation; documents from the police about registration of the crime are submitted to the insurer.

If within 10 days after the start of the search the car is not found, the case of theft will be reclassified as a case of theft, that is, the intent to steal will be recorded. This is important for insurance companies: make sure that the CASCO policy includes the risks of theft without the purpose of theft and theft. Otherwise, there will be problems with receiving compensation.

If the car has been stolen, its owner is exempt from paying transport tax. You must submit an application to the local tax office at your place of registration. Attached to it are documents from the police confirming the fact that a crime has been registered and a criminal case has been initiated.

Difference in qualifications

There are three ways to notify the police about a missing car:

• calling the police to the crime scene;
• writing an application;
• verbal notification to the police station on duty, who will enter the message in the register and issue the appropriate registration coupon.

A call to the crime scene may be appropriate in the event of a forcible seizure of a car, if there are traces at the crime scene.

In such circumstances, police officers will inspect the scene of the incident, draw up a report, interview witnesses and invite the owner of the car to write a statement. Moreover, they will dictate the best version of the events in the statement.

If the car just quietly and unnoticed disappeared from the parking lot, then it is better not to waste time and go to the police station yourself. Whatever method you choose, try to avoid the word “theft” in the statement, because the classification of the crime is a matter for law enforcement agencies.

You should know that the investigation always follows the path of excessive qualification when initiating a criminal case. That is, the disappearance of your car will be classified as theft in 99 cases out of a hundred. If an attacker actually stole your car, that is, drove it for a drive and abandoned it, then the qualification for theft will be softened.

It would seem that the wording of the statement in this case would have no meaning. But that's not true.

Professional vehicle thieves always have a prepared legend in case of arrest, something like “I didn’t steal it, I just decided to go for a ride because I liked the car. He left it on the side of the road on Gvardeyskaya Street and left without stealing anything from it. I don’t know how the documents, owner’s wallet and tires disappeared from the car. Probably some thief stole it." If the statement contains the word “hijacking,” lawyers will certainly seize on it under various pretexts.

Therefore, write in the statement “the car was stolen.” Let a criminal case be opened for theft. If the car is found safe and sound, the investigator will reclassify the actions of the criminal.

Is it possible to reconcile with the hijacker and withdraw the application?

According to current legislation, it is impossible to withdraw a submitted report of the theft or theft of a vehicle. Even if the thief turned out to be your relative or offered to simply return the car and compensate for moral damages, you will not be able to withdraw the complaint about the theft. You can only apply to terminate the case, since you have no claims against anyone. It will be taken into account during the trial.

From a legal point of view, car theft is considered a matter of public prosecution. The victim himself cannot stop it. However, if the car thief can be found and he compensates for the damage, reconciliation with the victim will play a positive role and lead to a reduction in punishment. The victim can apply for a reduced sentence. If he receives full compensation for car theft.

What to expect after submission?

In order to be able to follow the progress of the investigation, you should first obtain the contact details of the investigator who will conduct the case.

If the vehicle was dismantled and sold or its appearance was recorded in another area, the case may be transferred for further investigation to another area - this is another reason for monitoring the progress of events.

If the car was not found, but the criminal who committed the crime was found and his involvement in the theft was proven, you can demand compensation from the thief in court for the damage caused.

The return of a stolen car is not such a common occurrence, but at the same time, a timely and correctly written statement about the loss increases the chances of getting your property back threefold.

Since car theft is one of the most common types of crime, you can often hear from investigators that the chances of recovering the vehicle are negligible.

You should not refuse to submit an application even in such cases, since only after filing an official application will a law enforcement officer begin to conduct an investigation, no matter what the chance that the thing will be found is still a chance, and without the help of the police these there will be no chance at all.

In addition, opening a criminal case will provide an opportunity to evade the irrelevant duty and obtain insurance , which is paid after the closure of the criminal case of theft.

Video on the topic

See how to write a car theft report in more detail in the video below:

What to do if the car was stolen along with its documents

The situation will become noticeably more complicated if you left all the documents in the stolen car. Depending on the type of document, the following points may arise:

• if your passport is lost, you will be issued a temporary identity card - an employee of the Ministry of Internal Affairs will be able to check your data through registration cards directly when submitting your application;
• if the title documents for the car are lost (vehicle registration certificate, PTS, etc.), the relevant data will be obtained from the traffic police register;
• if you were driving the car by proxy, and this document was stolen along with the car, only the owner will be able to file an application - you will have to call him to the police department and explain all the circumstances of the theft.

Note! If a new car is stolen, which you did not manage to register in your name, information about the legality of the purchase will be requested from the car dealership or from the previous owner. This will take more time than a standard check using the traffic police database.

The fact that documents have been stolen is not an obstacle to filing a complaint about theft or theft. You need to tell the police in detail when and where the car was driven, and what rights you had to it. The Ministry of Internal Affairs officer will be able to obtain the remaining evidence on his own.

Contacting the tax authority

A logical question arises: why write a statement to the tax office about theft. The answer to this lies in the clarification of the Ministry of Finance of the Russian Federation that transport tax is not subject to withholding from those cars that are listed as stolen and are wanted. The collection of this type of tax is covered by a section in the Tax Code of the Russian Federation, the object of which is a vehicle that has been registered on the territory of the Russian Federation.

Having somehow lost a car, the owner is relieved of the obligation to pay this tax. However, to do this, you need to contact a tax inspector to write the appropriate paper. The submitted application is the basis for suspending tax accruals until it is returned to the owner.

In order not to submit it every year, since confirmation of the theft must occur once a year, it is necessary to temporarily stop registering the car with the traffic police. In this case, information about the car will be sent to the tax authority automatically without involving the car owner.

How to make an application

The application is submitted to the territorial service at the place of registration of the car owner. The application consists of the following parts:

• introductory part (information about the addressee and taxpayer, indicating passport details and contact details);
• main part (vehicle brand with indication of its data, reporting period in which recalculation needs to be made).

The application must be signed by the car owner, to which a list of documents must also be attached:

• passport;
• TIN;
• a document from a police officer stating that the car is wanted in the original (issued upon request at the police station within a month). The certificate must indicate: the fact of the crime, the injured party, the vehicle, the name of the resolution to initiate the case, the progress of the search activities.

If the vehicle was found, you must also contact the tax service yourself. Only the police certificate will contain information about the date of return of the vehicle, about the attacker, as well as about the damage caused.

This paper remains relevant for the insurance organization.

Deadline

The application must be submitted as soon as possible, since without an application there will be no reason to suspend tax assessments. Once you receive the certificate, you can immediately write an application to the tax authority.

Must remember! An official appeal to various authorities is a guarantee that the rights of the victim will be properly protected. However, it is always necessary to control the actions of authorized bodies independently.

The video below provides useful information about innovations in tax legislation regarding stolen vehicles:

Where can I get the necessary paper?

So, where can I get a certificate of car theft for the tax office? The authorities still have not decided which committee to give the authority to issue a certificate of theft. Most often, owners of stolen cars contact the Department of Internal Affairs and receive the document required by the Tax Committee.

Sometimes Russians whose cars have been stolen cannot obtain a temporary suspension of payment of transport tax. The tax officer refuses to attach a photocopied certificate to the application. It requires the applicant to provide the original with the official seal. Are his demands legal?

In the Tax Code of the Russian Federation in Art. 357 reflects all the rules “On the taxation of a car that is stolen.” Transport tax is paid by individuals whose vehicles fully comply with the requirements of Art. 358 of the Tax Code of the Russian Federation. This requirement does not apply to the car owner whose car was stolen.

By law, tax payments are suspended for a year upon presentation of a certificate from the Ministry of Internal Affairs , where they are investigating and trying to find a stolen car. The person who contacts the authorities receives the original or a copy of the document. The original is better than a copy, since employees of the Federal Tax Service of the Russian Federation are absolutely confident in its legal force. For each copy, they request confirmation from the department of the Ministry of Internal Affairs where it was issued, as a result of which the process is delayed.

As judicial practice shows, vehicle owners do not always know their rights. They often suffer from ignorance of the laws. Only a few confirm the fact of theft, and the majority are very surprised to see a receipt for payment of transport tax in the mailbox. According to Federal Law No. 210, they must notify the Tax Committee about the incident in any available way.

What do you need to have to get a certificate?

• Documents on ownership of the vehicle or confirm their absence.
• Passport of a citizen of the Russian Federation.

Is it possible to obtain State Regulations on the website?

Since 2014, the State Services website has been launched in Russia. It was launched in pilot mode to help all Russians who encountered bureaucratic red tape when obtaining certificates.

They have made life significantly easier for the owners of cargo transportation companies: they check applicants for the “Driver” vacancy in a matter of seconds if there is no need to demonstrate an official certificate with a stamp.

There is no way to obtain a certificate of theft on the State Services website. In principle, its absence explains clause 6 of Art. 7 Federal Law “On the organization of provision of municipal and state services.”

Important! Documents from the bodies of inquiry and investigation, when a criminal case has been opened, are prohibited from being issued through the State Services website.

First actions

So, if the car is stolen, then the first thing you need to do is call the police duty station (from a landline phone you need to dial “02”, and from a mobile phone “112” - the emergency phone number or “020” - the mobile equivalent of “02”) . During a conversation with a law enforcement officer, you must describe the current situation in detail, indicating that the vehicle was not transferred to a relative or friend for temporary use. When talking, you need to talk about the car:

• indicate the number issued upon registration;
• vehicle color;
• special signs, if any: presence of stickers, visible damage, color of seat upholstery, and so on.

All this information will allow the car to be identified when detected. After the call, the police officer is required to personally visit the crime scene and interview possible witnesses.

At the same time, Operation Interception is announced in the locality, that is, all city patrol services and vehicles equipped with specialized means of operational communication (fire department vehicles, ambulances, etc.) are involved in the search for the missing car.

If the vehicle is insured against theft (CASCO insurance policy has been issued), then it is also recommended to notify the insurance company about the incident as soon as possible.

If the car is equipped with alarm systems that allow you to track the car’s movement in real time, then this fact must be reported when calling the police. A special department will begin searching for the car using the coordinates provided by the satellite. A similar operation can be carried out independently, using devices with access to the Internet. After contacting the police service, it would be a good idea to walk around the neighboring yards, as there are often situations when a car is stolen just for a ride. Of course, these actions are required to be carried out by the police, but personal participation in the search for the missing car can lead to its faster discovery.

What to do if they don’t give your car back after it’s stolen

If the culprits and the location of the stolen car are identified, it may not be returned to you immediately. The car will be recognized as material evidence, and its storage will be carried out by the Ministry of Internal Affairs until a verdict is passed. It is also possible to transfer the car to the owner for safekeeping. In this case, a ban on sales and other registration actions will be established.

If the car is not returned after the completion of the criminal case, you have the legal right to file a complaint with a higher official of the Ministry of Internal Affairs, the prosecutor's office or the court. Law enforcement must prove the legality of the vehicle's lien or return it to the proper owner.