How to prove your innocence in an accident and receive payments from the insurance company?

When a traffic accident occurs, those involved experience extreme stress. In most cases, at first glance it is difficult to determine who is responsible for what happened. But the most unpleasant thing happens when an innocent driver finds out that he was made the culprit of an accident.

What should the innocent driver do in this case? How can he prove his innocence in the accident? What is the maximum period for challenging guilt? Read in the article.

Presumption of innocence

The Code of the Russian Federation on Administrative Offenses in Article 1.5 reveals the concept of the presumption of innocence of persons suspected of committing administratively punishable acts. What is the essence of the presumption of innocence:

1. A driver can be punished only if his guilt in committing an unlawful act is established (Part 1). In this case, guilt can be either intentional or in the form of negligence.
2. In order to find a driver guilty of a violation, it is necessary to prove his guilt as established by law and confirm it by a decision of an authorized traffic police officer or a court that has entered into legal force (Part 2).
3. The suspected driver is not required to prove his innocence. The collection of evidence and establishment of guilt should be carried out by traffic police officers and the court (part 3). The exception concerns recording of violations by photo and video surveillance cameras.
4. If there is the slightest doubt that the driver is guilty of committing an accident or other administrative offense, he is considered innocent (Part 4).

Who is considered to be at fault in a traffic accident?

In order to answer the question of how to challenge guilt in an accident, it is necessary to define the concept of guilt.

In the legal literature on the theory of law, guilt is understood as the mental attitude of a person to the unlawful act he has committed.

In legal theory, guilt is divided into two forms - intentional and careless.

Most road traffic accidents are caused by deliberate violation of traffic rules.

The consequences of an accident, in the form of material damage, harm to life and health, are not covered by the intent of the offender and occur due to negligence.

For example, in the event of a collision between cars moving along a cross path at a controlled intersection, one of the drivers, entering the intersection under a red traffic light, deliberately violates the requirements of paragraph 6.2 of the Traffic Rules of the Russian Federation. As a result of a traffic accident, the passenger of the car involved in the accident suffered bodily injuries (harm to health), and the owners of the cars suffered material damage.

The listed consequences of a road accident—harm to health and material damage from damage to vehicles—were not covered by the intent of the offender and occurred due to negligence.

In this case, we can talk about a mixed form of guilt.

It is with a mixed form of guilt that the vast majority of road accidents occur.

In the example considered, the violator of the Traffic Rules is found guilty and, depending on the severity of the consequences, is brought to administrative (criminal) and financial liability.

A prerequisite for finding a person guilty of committing an accident is the existence of a cause-and-effect relationship between the violation of the requirements of the Russian Federation Traffic Regulations and the resulting consequences.

Regarding the example we have given, the cause-and-effect relationship is as follows: violation of clause 6.2 of the Russian Federation Traffic Regulations by the driver of a car who entered an intersection with a prohibitive red traffic light (cause) is the creation of an emergency situation.

As a result of a car collision, the passenger suffered bodily injuries, and the car owners suffered material damage (consequence).

You should know that if there is no connection between a violation of Russian traffic rules and the resulting consequences, responsibility for the accident cannot be assigned to the violator.

In relation to the above example, if the driver of a car driving through an intersection in compliance with the requirements of the Russian Federation Traffic Regulations was intoxicated, then he cannot be found guilty of an accident due to the lack of connection between the traffic violation (driving a car while intoxicated) and the consequences that occurred.

In case of road accidents involving pedestrians, as well as cases of leaving the scene of the accident by its participants - driving away from the scene of the accident, appealing guilt is of particular importance and specificity.

Articles to help:

Compensation for damage to health in an accident

Responsibility and punishment for leaving the scene of an accident

The order and sequence of actions of the driver when registering an accident

Who determines who is at fault in an accident?

The protocol on an administrative offense is submitted for consideration and a decision to impose punishment: to an authorized official of the State Traffic Safety Inspectorate (Article 20.3 of the Code of Administrative Offenses of the Russian Federation), to the court (Article 20.1 of the Code of Administrative Offenses of the Russian Federation).

If an administrative investigation is carried out in an accident case, then the decision about the guilt or innocence of the driver in committing it rests with the judicial authorities.

The document establishing guilt in an accident is a decision issued by a court or a traffic police officer. A protocol drawn up at the scene of the incident is necessary to record what happened and is one of the evidence in the case.

Having become a participant in an accident, it is important not to get confused, but to pay attention to the actions of the traffic police officers. If you disagree with any data in the protocol, write your objections, and remember that until guilt is legally established, the driver cannot be considered the culprit of the accident.

What you need to know

First of all, it is worth remembering that according to the Criminal Code of the Russian Federation, a citizen is considered innocent until proven otherwise.

You have no right to be held accountable if law enforcement agencies do not have sufficient evidence of guilt.

However, in reality, most road accidents are very ambiguous, that is, it is sometimes impossible to determine who exactly was wrong in a particular situation. Most often, both are to blame to varying degrees, but the party that behaves more actively wins the case (collects data, takes direct part in the investigation, consults a lawyer on all issues).

You should be prepared for the fact that it may take more than one month to clarify all the facts related to the incident. During the investigation, you may be invited to undergo additional examinations or examinations. You cannot refuse, as this will look like you are trying to hide information from law enforcement agencies.

Dear reader! Didn't receive an answer to your question? Our expert lawyers work for you. It's absolutely free!

• Moscow ext 152
• St. Petersburg ext 152
• All regions ext 132 (Toll free)

What are the consequences of refusing a medical examination?

Time limits for investigations into road accidents

Consideration of a case of an administrative offense in the traffic police is a very complex and sometimes lengthy procedure. Such rules are based on the need to thoroughly check the causes of the accident, as well as establish all the circumstances of the case. Typically, the period for studying materials is 3-30 days , depending on the complexity of the case.

According to paragraph 5 of Art. 28.7 of the Code of Administrative Offenses, the period for conducting an administrative investigation cannot exceed one month from the moment the case of an administrative offense was initiated.

During this period, a group of experts performs a thorough analysis of the received evidence and evidence. Additionally, eyewitnesses are interviewed and video and photography are reviewed.

If there are injured persons as a result of an accident, they are first sent for a medical examination and then for treatment. A report on the physical condition of the victim is provided upon completion of the course. Taking into account the duration of this period, the period for considering an accident case can be extended to six months (clause 3, clause 5, article 28.7).

How to prove the guilt of the special services employees who caused the accident

Muscovite Oksana Grigolia celebrates her second birthday in September. Then, while in the passenger seat of a car driving through the intersection, she saw a police patrol car, which a split second later crashed into the door behind which she was sitting. The woman was incredibly lucky: her health and life were saved by the deployed airbags, although there were no injuries in this road accident: two police officers and a girl who was in the back seat of their car needed medical attention

“Two cameras managed to capture the accident at once, but a careful review of the recordings does not make it possible to speak with confidence about who is responsible for the accident. The police car was passing through a red light, but it is impossible to understand whether the siren and flashing light were on. The driver of the car in which the woman was traveling was driving through the green light, but the traffic light began to flash, which suggests that he should have stopped or completed the maneuver at his own peril and risk,” says administrative lawyer Igor Cherny

The police declined to make any comments, but their opinions are reflected in the statements. Law enforcement officers claim that they drove to the intersection with the siren and flashing light on at a prohibitory traffic light. They did not violate the traffic rules, but the driver of the car into which the patrol officers crashed should have let them pass, but did not. The man, who is considered to be the culprit of the accident, states that he did not hear any sounds, and noticed the patrolmen only when it was impossible to avoid the accident.

“The activation of special light and sound signals allows emergency vehicles to violate established traffic rules: exceed the speed limit, run a red light, or avoid obstacles in the oncoming lane. This should only be done if the driver is confident that the maneuver is safe for others or that he will be allowed to pass,” explains administrative lawyer Igor Cherny

Oksana and her husband have already gone through two trials, but she believes that justice has not been achieved. The head of the family was found to be at fault for the accident and ordered to pay medical expenses to the victims of the accident, and also billed the police for repairs to the broken car. They do not agree with the decision and intend to file a cassation appeal. While the owners go to meetings, their car is parked in the yard; its restoration will be the last thing to be done.

“Judicial practice shows that in most cases of road accidents, in which the parties are ordinary drivers and employees of operational services, decisions are made in favor of the latter. An important role is played by the testimony of witnesses or recordings from cameras, including those installed in a special vehicle or on the uniform of department employees. When you hear a siren or see such a car, it is better to give in. Article 12.17 of the Code of Administrative Offenses for failure to provide priority in traffic to a vehicle with special light and sound signals on, provides for punishment in the form of a fine,” summarizes administrative lawyer Igor Cherny

Receiving payment under compulsory motor liability insurance

If the accident is recognized as an insured event, after registering the accident, the victim will have the choice of either receiving payment in cash at the company's cash desk or into his bank account. If the compulsory motor liability insurance policy is issued after the introduction of the amendment to the law on compulsory civil insurance in April 2021, the driver will be offered to have the car repaired in the maintenance service with which the insurers have an agreement.

If there are still controversial issues, you can also consult for free via chat with a lawyer at the bottom of the screen or call the following numbers:

7

Moscow;

7

Saint Petersburg;

7

Free call for all of Russia.

After registering a traffic accident, the culprit does not receive payments; his car, trailer, cargo or equipment that was damaged in the accident is not repaired under compulsory motor liability insurance.

The maximum amounts of payments under compulsory motor liability insurance, according to the law, are as follows:

• in case of property damage, the limit is RUR 400,000. to each victim;
• in case of harm to health or life - 500,000 rubles. to every victim.

These limits are valid for each insured event, regardless of the number of accidents during the policy period and which insurance company the victim contacted.

Contacting a lawyer to prove your innocence in an accident

To prove his innocence in an accident, the victim should seek professional help from qualified lawyers who will help avoid unreasonable liability and win in court. The main types of punishment are defined by law, in particular, by Article 264 of the Criminal Code of the Russian Federation:

The process of proving innocence, if a professional takes on the case, does not take much time, and is usually resolved as successfully as possible in favor of the person who seeks help. If you are found guilty of an accident, you should not despair, you need to use all your might and means to achieve a fair decision, and a competent lawyer will tell you how to behave in court.

Accident analysis in the traffic police analysis group

September 23, 2021 Unfortunately, it is impossible to protect yourself 100% from getting into an accident, since it can happen for reasons independent of the person.
Therefore, you must always be prepared for its occurrence and not fall into panic or stupor after an accident has occurred, but take all measures to minimize the damage. So, what should you do if you become involved in an accident? Contents of the article According to the requirements of the traffic rules (clause 2.5), in the event of an accident, the driver is obliged to stop, turn on the malfunction alarm and install it no closer than 15 m from the car in the city or 30 m on a country road. Often, those involved in an accident under stress forget to put up a sign or neglect this requirement, hoping for good visibility and clear weather. The result of such forgetfulness can be repeated collisions with a damaged car standing on the road. An emergency sign is a mandatory attribute of a car's complete set, along with and.

Analysis of road accidents in the traffic police - what does the driver need to know?

A driver who has been involved in a car accident, in addition to performing the actions stipulated by the traffic rules and the insurance contract, will have to deal with the accident at the State Traffic Safety Inspectorate. Training at a driving school gives vehicle owners theoretical and practical knowledge regarding driving a car and behavior in a collision.

So, it turns out that motorists do not know how to behave correctly at the traffic police during the analysis group. We will try to correct the current situation. Contents: Type of insurance

1. CASCO calculator
2. Electronic MTPL

1. Shuttle buses
2. Cars
3. Trucks > 16 tons
4. Trucks
5. Buses
6. Tractors are worth it.
7. Passenger taxis
8. Buses > 16 seats

What to do after drawing up the protocol?

The driver who was identified by the traffic police investigation team as the culprit of the accident has the right to disagree with this resolution and not sign it. To prove his innocence, he can turn to independent experts and order road and trace examinations. The first studies the condition of the road surface and the presence (absence) of road signs and markings at the time of the accident, the second studies the traces of the accident remaining on the road and on vehicles.

Based on the research carried out, experts issue their decision on the causes and culprit of the accident. This resolution is not indisputable; on its basis, the driver can only go to court or file a complaint with a higher-ranking traffic police officer. In any case, he has 10 days to challenge the decision made by the traffic police review team. If no claim or complaint has been filed, the driver is considered to have voluntarily admitted his guilt and is assigned full responsibility for the accident.

Risks and guarantees

There are no guarantees. If the lawyer you hire guarantees that the case will be resolved in your favor, then this is not a very good specialist. Not a single case, both in civil and criminal proceedings, can be predicted - it can be decided in favor of both the plaintiff and the defendant.

There are also risks. If the case is ultimately lost, then in addition to the costs of paying compensation, you will also have to spend money on a lawyer and court costs. But, if the case is still won, the defendant will compensate the legal costs and his insurance company will have to compensate for the damage caused to your car.

Road accident. How to prove your innocence

Comments: Morning, I’m driving to work, I go to the T-intersection to the left, into the second lane, I start changing lanes to the right, and then a truck drives into me, from the rear fender to the front door.

Read more: How to correctly read gas meter readings

After reading the explanatory notes, he begins to fill out a protocol, accusing me of Article 8.4 of the Traffic Rules (RDR) - during a maneuver, I did not let a vehicle take advantage of the right of way. At the same time, the traffic cop did not take into account either my explanations or the explanations of the witness who was in my car.

How to prove your innocence when analyzing an accident at the traffic police, if there was no collision?

1084 lawyers are now on the site Hello. I had a not very pleasant situation on the road.

I would like to receive a competent answer. I was driving along the road. He began to change lanes from the left to the right.

The driver from the right lane did not like my maneuver for some reason (to be honest, I changed lanes rather roughly, but with a turn signal).

I explained everything and he told me that he would write me down as having left the accident, in response I told him that there was no accident, and he told me to come to the traffic police for analysis and decide everything.

Time frame for consideration of the case

A review of an accident that has occurred is scheduled within 3 to 30 days from the date of the accident. It all depends on the complexity of the case and the necessary measures. Sometimes the period can be more than 30 days, but there are legal reasons for this.

Read more: Delay in payment of wages upon dismissal

During the specified period, the group studies the materials that were received after the accident, conducts interviews with witnesses and participants. In some cases, photo and video recording is required.

If there are victims, this procedure necessarily includes their undergoing a medical examination. It allows you to determine the extent of damage and damage to health. A medical report, which can only be obtained after completion of treatment, is also tied to the case. In such cases, an extension of the specified monthly period up to 6 months will be required.

What is an accident investigation and when is it carried out?

Drivers who get into accidents on the roads, in addition to actions in accordance with the traffic rules of the Russian Federation and the agreement with the insurance company, face another unpleasant procedure - analysis of the accident at the traffic police department.

As a rule, in driving schools, motorists are given theoretical and practical knowledge of driving vehicles, but not everyone knows how to behave during an accident investigation at the traffic police. Beginners get completely lost in such situations, so we decided to devote a separate article to this topic. We will tell you how long it takes to analyze an accident at the traffic police, what is the procedure for this procedure and how to cancel the protocol with its help?

Drawing up a protocol Road users involved in accidents call traffic police officers to document the incident.

Where to look for evidence

You can try to evoke the conscience of the second participant in the accident, and have him tell how everything really happened, that is, give clarifying testimony for the record. But this is unlikely to happen, since it is simply unprofitable for him - the insurance company may present regressive claims.

Where to look for evidence of your innocence:

• Interview local residents: the windows of someone’s apartment may overlook the scene of an accident and someone could have seen something at that moment. Using a similar scheme, you can interview employees of nearby stores, kiosks, coffee shops and other commercial outlets.
• Post the information on social networks: perhaps there will be an eyewitness to what happened and he will agree to testify, or someone drove by and recorded the accident on his DVR.

According to law enforcement officials, it is door-to-door visits that give a positive result when it comes to finding eyewitnesses to what happened. But not every witness will agree to testify on the record. So you may have to promise a reward for providing valuable information.

You can also use the traffic management project as an evidence base. This project specifies what road signs and markings should be installed. And if it turns out that the marking should be there, but in fact it is not there, it has been erased, then this can also work in favor of the injured party.

When is a traffic police investigation scheduled?

Participants in a road accident call the traffic police to file a car accident. The inspector comes to the place where the car accident occurred and collects explanations from all participants in the collision. He draws up a protocol on the administrative offense and draws a diagram of the accident.

When the causes of the accident are obvious and there is no dispute about who is at fault, the inspector independently draws up a resolution in the case of an administrative violation. When a police officer has doubts about who the initiator of a collision is, he draws up an Incident Report identifying the alleged culprit and transfers the documents to the analysis group.

Participants in a car accident are given an order to appear at the administrative practice group at the traffic police department, which indicates the date and time of consideration of a specific accident. Namely, the staff of the analysis team will take additional measures to investigate the transport incident.

There are no witnesses - how to prove?

Sometimes, instead of witnesses, there are video recordings of the accident. But even if there are no witnesses or videos, there is no need to despair. If you are truly innocent, you can almost always prove it.

You will need a diagram of the accident, a correct explanation of your actions, a solid knowledge of the laws, and traffic rules. During the analysis and in court, it will be necessary to prepare questions for the opponent that will put him in an awkward position and reveal lies on his part: since when answering them, he will either be forced to admit that he was wrong, or try to invent something that the employees will immediately notice Traffic police (judge).

This is not a simple matter, you need to act according to the situation, you need experience and deep knowledge of regulations, therefore, in my opinion, it would be useful to hire a lawyer, or at least get advice.