Liability for a drunk driving accident, compulsory motor liability insurance payments

The material was checked by the Expert: Kochergin Yuri Alekseevich

General Director of the Legal Support Center. Judicial experience in various disputes: 13 years. Education: AIE (f) SPbAUE.

Hello dear reader. Today we will look at such an important topic as drunk driving accidents with and without victims and talk about what the punishment will be in each case. How is drunkenness classified and what types of guilt are established? How should you behave in the event of an accident and is it possible to draw up a European protocol in this case? We will deal with all questions sequentially.

Normative base

Depending on the situation in the event of an accident caused by an irresponsible driver, other individual provisions of regulatory legal acts may be taken into account. Their use is justified in aggravating circumstances and other significant factors.

Responsibility under the Code of Administrative Offenses

Based on Art. 12.8.1 of the Code of Administrative Offenses of the Russian Federation for driving a vehicle, a driver who is in a tipsy state is responsible. The current law predetermines a cumulative punishment that combines several measures at once. This is a fine and deprivation of special driving rights. The period of driving restriction is 1.5-2 years. The amount of the fine for violation under Art. 12.8.1 – 30,000 rubles, without the possibility of receiving a 50% discount for timely payment.

Attention!

The refusal of a driver, whose condition is suspicious to the inspector, to undergo an examination is an act that entails the same responsibility as a proven violation.

Punishment under the Criminal Code

The Criminal Code determines the punishment for those violators who are stopped for a repeated similar violation. In the same way as recording alcohol (drug) drunkenness and refusing the appropriate test for the presence of prohibited components in the blood, is punishable by Art. 264-1 CC. According to this law, the fine reaches 50 thousand, and imprisonment extends for 3 years.

Aggravating circumstances, including causing damage to the property and health of other road users, lead to an increase in the fine to 200-300 rubles (to establish the optimal rate, the income level of the offender must be considered). An additional term of imprisonment of up to 2 years may be used.

For reference!

A secondary violation is a misdemeanor recorded within 1 year from the date of return of the license after the first prohibited driving.

The criminal component, in the form of harm to health, threat to life, presupposes the onset of punishment under Art. 264 CC. Federal Law No. 63 as amended on June 13, 1996 will help to correctly interpret the provisions of this article.

Punishment for drunk driving accidents with victims

When a driver commits an accident while intoxicated with injuries, the degree of his liability will be determined depending on the severity of the harm caused to the person’s health. If the degree of harm is mild, then the maximum penalty is an administrative fine of up to 5,000 rubles.

In case of moderate or severe harm to health, the punishment will be expressed in the award of compensation to the injured persons. The amount of compensation depends on the nature of the injuries and the specifics of treatment. The decision to assign payment is made by the court on the basis of submitted documents from the medical institution. The extract must be accompanied by a medical-forensic examination confirming the injury as a result of the accident.

If a person’s death occurs as a result of an accident, the perpetrator will be held accountable under the Criminal Code. Punishment is expressed in the form of imprisonment for a term of 2 to 7 years, according to Article 264 of the Criminal Code of the Russian Federation “Violation of traffic rules.” For causing harm to health under the Criminal Code of the Russian Federation, Art. 264, the culprit may be punished by restriction of freedom for up to 3 years or forced labor for up to 2 years.

When a driver is considered drunk

The presence of a certain percentage of alcohol in the air and blood of a person is a common phenomenon. And it does not always provoke intoxication. The presence of a small amount of alcohol can be observed when consuming kvass, kefir, alcohol-based medications or sweets with liqueur. There are acceptable standards and there are prohibited ones.

The list of aggravations and mitigating circumstances is determined by Article 63 of the Criminal Code.

Alcohol intoxication is considered to be the detection during a medical examination of 0.35 ppm of alcohol in the blood or 0.16 ppm in the air. If the driver refuses to undergo the test, then he automatically admits guilt.

The presence of alcohol in the human body can be determined by a special tester. The driver who is involved in the inspection has the right to request a certificate of serviceability of the device. You can invite him to the procedure if you detect some visual signs of intoxication. These include:

• incoherent, slurred speech;
• unsteady gait;
• looking out of focus;
• smell of alcohol from the mouth;
• redness of the skin.

Attention!

The examination is carried out by an inspector who observes indirect signs of alcohol intoxication. The procedure can be carried out only with the consent of the driver, with the involvement of two witnesses.

Step-by-step instructions for action in case of an accident

Any accident requires the right approach. Compliance with legal requirements will avoid additional liability. For hiding from the scene of an accident or failure to provide medical assistance to the victims, the punishment is more severe than the admitted guilt for the accident.

Standard emergency procedures:

1. Stopping a vehicle.
2. Providing assistance, including calling an ambulance, if there are victims.
3. Activation of an alarm signal.
4. Marking the location of the collision with a special sign.
5. Calling representatives of the traffic police representatives.
6. Collecting witness statements and waiting for the inspectors to arrive.

Attention!

Rearranging the vehicle, moving car debris and other objects related to the collision is prohibited.

You definitely shouldn’t leave the scene of a collision in order to sober up. It will not be possible to minimize the consequences in this way. As practice shows, both the fault and the emergency cause are quickly established. As a result, the punishment can only be increased.

Is it possible to draw up a Europrotocol?

In case of an accident involving a drunk driver, the involvement of traffic police inspectors is required. In some cases, when the parties do not have obvious claims against each other, it is possible to draw up a Europrotocol. You can get by with a simplified procedure for registering an accident if the following conditions are met:

• Damage is not higher than the maximum threshold.
• The presence of only material damage.
• No more than two participants in the accident.
• There is no disagreement regarding the cause or circumstances of the incident.
• Each party has a valid MTPL policy in hand.

Important!

In 2021, the amount of compensation for material damage under the European protocol is 100,000 rubles. Bonus for representatives of Moscow, Moscow Region, St. Petersburg and Leningrad Region - unlimited protocol. Within its framework, a refund of an amount up to 400,000 rubles is possible.

Subject to the above conditions, even a drunk participant can become a party to the European protocol. Often the injured person agrees to registration without the presence of inspectors in exchange for monetary compensation. But if there are complaints or unresolved issues, you should not take risks. It's better to call the traffic police.

Responsibility and punishment

If a drunk driver is involved in an accident, he needs to ensure that a lawyer is involved in the case. Drunk driving alone is already a misdemeanor with deprivation of rights. Liability measures may vary depending on the consequences of the accident.

Depending on the consequences, the following applies to the participant:

• civil liability measures;
• administrative punishment;
• criminal liability.

There are no negative consequences - just finding a driver in an inappropriate condition behind the wheel can result in a fine and deprivation of his license. Moreover, the measure applies both to the owner who voluntarily transferred control to a drunk person, and to the actual manager.

Types of responsibility:

1. With minor harm. In a standard situation, minor harm does not entail global consequences. The culprit of the accident manages to get by with a fine. If these are the consequences of drunk driving, then damages may be recovered from the offender in court.
2. Medium damage. Such consequences threaten an inadequate driver with a maximum period of deprivation of rights (2 years) and reimbursement of expenses for treatment and rehabilitation of injured participants.
3. Serious harm to health. Such a consequence entails criminal liability. The maximum measure is arrest. But more often, fines and correctional labor are used as punishment.
4. Aggravating circumstances:

• detection of exceeding the permissible alcohol limit;
• hiding from the scene of a collision;
• the presence of two or three persons affected by an accident;
• voluntary handing over of the steering wheel to a drunk driver;
• failure to provide assistance to injured participants.

1. Fatal accidents:

• In case of death of one person - prison, term from 5 to 12 years.
• Death of 2 or more people – imprisonment, 8-15 years.

Liability of a drunk driver in an accident

Accidents involving a drunk driver usually result in the most fatalities. That is why in recent years the punishment for such an offense has been constantly tightened. Now, under certain circumstances, the guilty driver may even face criminal charges.

Not all drivers are caught driving a car while intoxicated. Often such a violation is revealed precisely during a traffic accident. In this case, it will not be possible to avoid administrative punishment: the ban on taking alcohol, drugs or other drugs that affect the reaction rate is clearly stated in the current legislation.

Attention! The traffic rules, paragraph 2.7, strictly prohibit driving while intoxicated or under the influence of drugs that reduce attention, as well as in a state of illness or fatigue.

If the driver was stopped by a traffic police officer and alcohol consumption was proven, in accordance with Article 12.8 of the Code of Administrative Offenses of the Russian Federation, the following punishment will be applied to him:

• monetary penalty in the amount of 30 thousand rubles;
• deprivation of the right to drive a vehicle for a period of 1.5 to 2 years.

Administrative penalties are applied only in the absence of signs of a criminal act: there are no casualties or victims with signs of grievous bodily harm.

Accident with a drunk participant without injuries

If an accident while intoxicated does not cause damage to the life and health of citizens, the driver is expected to perform normal duties in the event of an accident. To determine administrative punishment when there are no victims, Articles 12.8 and 12.27 of the Code of Administrative Offenses are taken into account. No criminal liability applies.

If there are casualties

An accident while intoxicated involves more serious consequences. Criminal penalties may be applied to the culprit of a traffic accident, but administrative penalties in the form of a fine and deprivation of rights are not cancelled.

When the culprit of an accident is drunk and this results in serious harm to the health of a citizen, the provisions of the Criminal Code are applied, Article 264. It stipulates violations of the rules of movement and operation of a vehicle, which through negligence lead to damage. Persons driving a car under the influence of alcohol or drugs are reported in Part 2. The following penalties are provided:

• forced labor for up to 5 years with a ban on engaging in certain types of activities or holding positions for the next 3 years;
• imprisonment from 3 to 7 years with restrictions on certain types of activities.

The culprit is not released from the obligation to compensate for the damage caused to each participant in the road accident, including paying compensation for treatment expenses and for the period of temporary disability to the victim.

Important! If the guilty driver fully admits guilt, compensates for all damages and manages to reach a peaceful resolution of the issue with the injured party, a suspended sentence may be applied to him.

Fatal accident

If a fatal accident occurs, the punishment becomes more severe. The penalty is regulated by Article 264 of the Criminal Code, Part 4.

If a violation of the Traffic Rules or vehicle operation standards resulted in death, and the person driving the vehicle was intoxicated, the punishment will be imprisonment for a term of 5 to 12 years with restriction of the right to engage in certain activities or hold positions in for 3 years.

In accordance with paragraph 6 of Art. 264 of the Criminal Code, if as a result of the same actions the death of two or more persons occurs, the punishment will be as follows:

• imprisonment for a term of 8 to 15 years;
• deprivation of the opportunity to engage in certain activities for 3 years.

Important! The maximum penalty will be applied if a pregnant woman or a minor is killed as a result of an accident. It can be mitigated only if it is proven during the trial that the culprit has other people dependent on him.

Responsibility of a drunkard if he is innocent

After an accident, damages are recovered from the culprit. If it has been proven that the cause of the collision was the actions of another, sober driver, the drunk driver will be punished only under Article 12.8 of the Administrative Code - a fine of 30 thousand rubles and deprivation of rights from 1.5 to 2 years.

Comment! Deprivation of rights is carried out only in court.

Road accident with casualties

The presence of persons injured in an accident is accompanied by the appointment of strict measures to a drunk driver. In this case, deprivation of the right to drive alone will not do. If one victim is identified in the process, then it is often possible to limit the case to forced labor. The presence of several persons whose health has been damaged at once can result in a real prison sentence.

Important!

Compensation for treatment, and, if necessary, for moral damages, is the direct responsibility of the drunk participant in an accident. A prerequisite for his guilt must be proven.

If there is a threat of a prison sentence, it would be better for the culprit of the accident to admit guilt and reimburse the costs of treatment and rehabilitation. These and other actions make it possible to establish the fact of consciousness, and at the same time change the term to a suspended period.

Compulsory motor liability insurance payments for drunk driving accidents

There is an opinion that payment under compulsory motor liability insurance is not due if the culprit of the incident turned out to be drunk. However, this is a mistake. OSAGO insures the liability of a road user regardless of his condition. This means that the victim will receive compensation payments as usual.

Comment! Although the injured party will be paid, the insurance company, if the culprit is drunk, has the right to exercise the right of recourse. The insurer may recover compensation for damages from the person at fault who was under the influence of alcohol at the time of the accident.

This means that payments under compulsory motor liability insurance if the culprit is drunk are possible. However, if it is proven that two drivers were involved in a traffic accident and both were under the influence of alcohol, the insurance company has the right to refuse: both persons driving the vehicles may be found guilty.

Road accident without injuries

If no one was injured as a result of drunk driving, the driver will be punished. Primary control in such a state of intoxication is an administrative responsibility. A secondary similar violation is criminal liability.

Points that must be included in the protocol and that will affect the punishment:

• visible damage to the vehicle;
• measurements on the road;
• road accident diagram;
• eyewitness testimony;
• explanations of the participants in the incident.

In an accident without injuries, much depends on who was driving the car, the owner or the driver. If a manager took possession of a vehicle illegally (hijacking) or during working hours drove a company car in poor condition, then the measures will be strict. Along with the restoration of the car of the second participant, you will have to compensate for the damage caused to the company or the private owner of the car. And if you crash into a bus stop or building, you will have to pay for their restoration.

Punishment for participating in an accident while drunk again

For a repeated accident caused by a drunk driver, the fine increases to 50 thousand rubles. In 2015, the State Duma adopted a new rule for those who like to drive while intoxicated. According to Art. 264.1 of the Criminal Code, liability for drivers who repeatedly drive while intoxicated occurs regardless of their participation in the accident.

According to its provisions, the court may impose punishment:

• imprisonment for up to 2 years;
• compulsory work for up to 480 hours;
• a fine of 200,000 to 300,000 rubles.

Fatal traffic accident

For a fatal outcome after an accident due to drunk driving, there will be imprisonment (7-12 years). Several victims - at least 8 years of imprisonment. This is along with deprivation of rights for 3 years. Instead of the maximum prison term, correctional labor (up to 5 years) may be prescribed along with restriction of freedom (from 4 years).

Important!

From July 1, 2015, if guilty of death as a result of an accident committed while drunk, the person responsible for the accident faces a restriction of liberty for 4-9 years. A minimum term of 4 years is already guaranteed as punishment. Before that period, the guilty person faced up to 5 years of correctional labor + a term set by the court at its discretion (there was no minimum threshold).

Aggravation and mitigating circumstances can significantly affect the punishment. Example: The result of inappropriate driving is the death of a pregnant woman/minor. Most likely, the maximum penalty will be requested. In this case, mitigation can be achieved if the culprit has dependents who need the support of a trustee.

What happens if you drink after an accident?

If the driver drank after an accident, then this action is an administrative offense under Part 3 of Art. 12.27 Code of Administrative Offences:

“Failure to comply with the requirement of the Traffic Rules to prohibit the driver from consuming alcoholic beverages ... after a traffic accident in which he is involved, ... until an authorized official conducts an examination to establish the state of intoxication or until an authorized official makes a decision to exempt him from such an examination, shall entail the imposition of an administrative fine in the amount of thirty thousand rubles with deprivation of the right to drive vehicles for a period of one and a half to two years.”

Therefore, the penalties for drinking alcohol after an accident are the same as for drunk driving.

If the driver fled the scene of the accident

Fleeing from the scene of an accident, regardless of the presence of victims, is an offense. Both the sober and drunk driver will be held responsible for it. In the first case, less serious consequences are expected. Without the burden of drunk driving, you can get by with deprivation of the right to drive a vehicle (1.5-2 years) or administrative arrest for up to 15 days.

The discovery of a dose of alcohol in the body of a driver who fled the scene of an accident above the norm, even if he drank alcohol after the incident, is already an admission of an accident while intoxicated.

The driver committed an accident while drunk, what awaits him?

If the culprit of an accident is drunk, he will be subject to administrative liability regardless of the severity of the incident. It consists of imposing a fine of 30 thousand rubles and deprivation of the right to drive a vehicle for a period of 1.5 to 2 years. Basis: Code of Administrative Offenses 12.8. A 50% discount on fine payment is not provided.

If the culprit of an accident while intoxicated does not have the right to drive a car or has been deprived of it, he will face administrative arrest for up to 15 days. When causing material or moral harm to other road users, the culprit is obliged to independently compensate for it.

If a driver commits an accident while intoxicated and as a result causes harm to a person’s health, he will face criminal liability. He may be charged under Art. 118 of the Criminal Code of the Russian Federation “Causing grievous harm to health through negligence.” If there is a fatal outcome, then Art. 109 “Causing death by negligence.”

Will the insurance company pay for CASCO?

If the person at fault has a CASCO policy, he will not have to rely on the insurance company. In this case, no compensation will be paid to the other party from insurance reserves. All expenses will have to be covered from your own pocket.

For reference!

The CASCO agreement does not always contain a condition regarding the absence of payments in the event of an accident caused by a drunken policyholder. If such a clause is missing, then with the help of a professional lawyer you can obtain compensation for damage from the insurance company.

Appeal against punishment

Each decision of the traffic police inspector can be challenged. An appeal must be made within 10 days from the date of the statement. A higher official will have to file a complaint; the second option is to file a lawsuit in court.

If the initial decision of the traffic police was canceled, you need to file a claim in court to recognize the other participant in the accident as responsible for the accident. The claim sets out one’s own position, vision of the situation regarding one’s own innocence and provides references to legislative norms with which one can confirm one’s innocence.

Popular questions and answers

Question:

If a driver driving after a feast hits a pedestrian, what payments will he have to make to the victim?
Answer:
If the permissible alcohol standards are exceeded, this is proven by an expert examination, you should not count on the mercy of the judges. Judicial practice proves that for serious harm to health, compensation in favor of the victim is awarded in the amount of at least 100 thousand rubles. Disability as a result of a traffic accident – ​​500 thousand rubles. To relatives who have lost a loved one in an accident, the culprit pays about 1 million rubles.

Question:

Will the person responsible for the accident be paid sick pay at their place of work?

Answer:

In case of injury associated with an accident, a certificate of incapacity for work is opened. However, the amount of payments will be affected by certain circumstances. The amount may be lowered if the fact of the driver’s intoxication is officially confirmed. These appointments are made by the employer or social insurance.

Question:

As a result of drunk driving, a pedestrian was hit. The elderly man was seriously injured. In addition to compensation for treatment, he demands moral compensation. Is there a maximum limit for such a payment and is it possible to somehow reduce the amount?

Answer:

The law does not establish a lower or maximum threshold for the amount of moral compensation. The plaintiff himself sets the amount of compensation. Judges can correct it based on the real state of affairs and the degree of damage caused. It will be possible to reduce costs by agreeing with the injured party on a peaceful settlement of the dispute. You can stipulate both the amount and procedure for compensation payments.

Road accidents while intoxicated: questions and answers

Drunk drivers are not uncommon on the roads. Their ill-considered actions lead to serious accidents with casualties. In turn, legislation to combat drunk car owners is constantly being tightened, but this has not yet significantly reduced the number of incidents.

Both the injured party and those directly responsible for the accident turn to specialists for advice. The main topic is the penalties for violation and the consequences. for compensation for damage , including compulsory motor liability insurance, is also relevant

Below you can find some questions that consultants are asked. The answers to them will help you decide on the correct course of action.

If a drunk person caused an accident and fled, what is the punishment?

A few days ago, late in the evening, there was a collision with another car due to the fault of its driver. He was drunk, as evidenced by his behavior, hesitant movements, and a characteristic odor from his breath.

After five minutes of conversation, the culprit turned around and left. What consequences can he expect?

Timofey, Moscow.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 17 years of experience.

Ask a question

The situation, at first glance, is paradoxical. After all, the fact of intoxication can only be established experimentally with the presence of traffic police officers or doctors. Otherwise, it's just speculation. Therefore, first of all, it is worth paying attention to Art. 12.27 of the Administrative Code , which establishes liability both for leaving the scene of an accident and for drinking alcohol after the accident.

Criminal liability of a drunk driver for an accident under the new law

About a month ago, in early June, my little son was hit by a drunk driver. It happened right in the courtyard of the house. As a result, the child is bedridden and doctors predict that he will remain disabled.

A criminal case has already been initiated against the culprit. Please tell me what consequences he faces? Sincere thanks for the answer.

Svetlana Sergeevna, Balashikha.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 17 years of experience.

Ask a question

Judging by the situation described, we are talking about serious harm to health. It is necessary to refer to Part 2 of Art. 264 of the Criminal Code of the Russian Federation . From June 28, 2021, a new version of this part has been in force, tightening the punishment. Now it provides for both five years of forced labor and imprisonment from 3 to 7 years . However, amendments to legislation do not have retroactive effect. Therefore, the culprit is expected to face forced labor for 3 years, or a four-year imprisonment. At the same time, the rights of violators are also taken away, for a maximum of three years.

The amount of moral damages for a drunk driving accident

I was returning in a personal car from friends, having drunk a little. There was no way to call a taxi. In an unlit area, he hit an elderly man hastily crossing the road. He was seriously injured and is seeking compensation for moral damages.

The following question is of interest: what are the minimum or maximum amounts of compensation? What can be done to reduce payments?

Vasily, Domodedovo.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 17 years of experience.

Ask a question

Neither the lower nor the upper threshold for moral damage is established by law. The plaintiff goes to court and declares in the claim the amount of interest to him. Another thing is that the judge has the right to correct it. To avoid bringing the matter to trial, you can try to reach an agreement on compensation for damages peacefully. In this case, not only an amount that suits everyone is agreed upon, but also the procedure for its payment.

A friend caused a drunk driving accident in my car, there were injuries

I gave a friend a car for temporary use without a contract or power of attorney. He drank before getting behind the wheel and seriously injured a person while crossing.

Is the owner of the car responsible for the actions of a friend, and what? Thanks in advance for your answer.

Fedor, Moscow.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 17 years of experience.

Ask a question

The consequences can be quite serious. Even handing over a car to a drunk person is equivalent to a similar violation on the part of the car owner under Part 2 of Art. 12.8 Code of Administrative Offences . It provides for a fine of 30 thousand rubles and deprivation of rights for 1.5-2 years. But that is not all. The owner will have to compensate for the damage to the victim from his own pocket, as stated in Art. 1079 Civil Code of the Russian Federation . In the future, the amounts provided can be recovered from the culprit by way of recourse.

Will insurance pay if the culprit of the accident was drunk?

There was an accident in which the car was seriously damaged. At the scene of the accident it was established that the culprit was under the influence of alcohol and an administrative report was drawn up. However, he had a valid MTPL policy.

Please tell me, is there any point in contacting the culprit’s insurance company? What documents will be needed for this? Thank you in advance!

Mikhail, Lyubertsy.

Expert commentary

Roslyakov Oleg Vladimirovich

Lawyer, specialization civil law. More than 17 years of experience.

Ask a question

Even when the driver involved in the accident was drunk, the injured party is not deprived of the right to receive insurance. Documents drawn up during the accident are submitted. When the car is still subject to repair, a referral is made to the service station. According to the law, repairs paid for by the insurer must last no more than a month. Otherwise, the insurance company incurs additional financial penalties.

conclusions

Drunk driving - detection of more than 0.16 ppm of alcohol in the air, and more than 0.35 ppm of alcohol in the driver’s blood. Refusal of a medical examination is an automatic admission of guilt. For a misdemeanor, depending on the consequences and frequency of violations, civil or administrative, as well as criminal liability occurs. The procedure for an accident involving a drunk participant is standard.

If there are no disagreements, a European protocol can be drawn up. Fixing a drunk driver will result in a fine of 30,000 rubles and deprivation of rights for 1.5-3 years. Causing harm to other participants in the incident - a fine and correctional labor. The presence of victims means imprisonment.

Accident with a drunk victim: can he count on compensation?

If it is proven that the road accident was the fault of a sober driver, and the victim was under the influence of alcohol, the insurance company does not have the right to refuse him an insurance payment under OSAGO. His condition is not a reason for refusal even if he:

• refused to undergo examination;
• fled the scene of an accident;
• does not have a valid MTPL policy.

However, a drunk driver will also face punishment. He will be held accountable under Article 12.8 of the Code of Administrative Offenses of the Russian Federation. The sanctions are quite strict. They can expect a fine of 30,000 rubles, as well as deprivation of rights for a period of one and a half to two years. The owner of a car who allows a drunk citizen to get behind the wheel will be punished in the same way. If it turns out that such a person does not have rights or is deprived of them, he will be punished in the form of administrative arrest (10-15 days) or payment of a fine in the amount of 30,000 rubles.

Those who have committed such an offense repeatedly will be prosecuted under Article 264.1 of the Criminal Code of the Russian Federation.