If the driver fled the scene of an accident, administrative and criminal liability

What does it mean to leave the scene of an accident?

Sometimes car owners get into accidents. For example, they hit a pedestrian, collide with another car on the road, or scratch it in a parking lot. If you leave immediately after this, the driver is considered to have left the scene of the accident. This is a gross violation.

Drunk drivers often try to escape, since the punishment for drunk driving is stricter - a 30,000 ruble fine and imprisonment for two years.

You cannot leave the scene of an accident, but you can move the car. Moreover, the driver is obliged to do this if it interferes with the passage of other cars and no people are injured. Here's how the concepts differ:

• leaving a place - the car hit another and drove away;
• moving - the car hit another and drove to the side of the road so as not to block the road.

When can you avoid punishment for leaving the scene of an accident?

Of course, I in no way approve of leaving the scene of an accident. And the culprit must be held accountable for his actions, especially if people were injured.

But there are situations when the harm caused to others is clearly not worth being left without the ability to drive a car for at least a year. Moreover, sometimes an innocent driver may be deprived of his driver’s license for leaving the scene of an accident due to the dishonest actions of the second participant in the incident.

For example, when the owner of the car, who saw that you were driving close to his car from afar, decides that the scuff on his bumper was made by you, although it was there a long time ago, and will call the traffic police in your absence. That's it, you can say goodbye to your license. However, here a traceological examination can help prove your innocence.

Or, at first, your opponent, who seems to have no complaints, subsequently notices some scratch, sometimes not even himself, but at the direction of friends, and also files an accident in your absence. The result, again, may be sad for you.

There are many such examples, and all of them are united by the fact that due to minor damage, which can sometimes be removed by polishing in 10 minutes, you can turn into a pedestrian for a year, or even a year and a half. It is for those who find themselves in such situations that I want to give advice today.

Deprivation of rights for leaving the scene of an accident

Period of deprivation. If the driver leaves the scene of an accident, they may lose their license for one and a half years.

It happens like this:

• the participant in the accident fled;
• the inspector, based on the complaint of the remaining participants in the accident, draws up a protocol and submits the case to the court;
• The judge decides on the punishment.

The judge will consider how dangerous the consequences of the accident were to society. If no people were injured, then instead of imprisonment they may be sentenced to 15 days of arrest in a special detention center.

Return of a driver's license after revocation. To get your rights back you will have to:

1. pass the theoretical exam at the traffic police when half the term has passed;
2. pay off all fines. You can check it on the main page of the service;
3. undergo a medical examination and receive a certificate if you are deprived of it for drunk driving;
4. go to the traffic police with a passport, medical certificate, a copy of the resolution and a document confirming passing the exam.

How to challenge the revocation of your license and what will happen if you drive a car again after this, read our other article.

Is there a statute of limitations for this violation?

If the victim did not leave or returned while you were filling out the papers, all the details of this traffic accident will be considered in court.
Witnesses from both sides will be called, so the culprit, under any circumstances, frame-up or not, will have to have his own evidence that he did not violate traffic rules. But if one of the participants in the accident nevertheless panicked and left the scene of the accident, this could have a lot of unpleasant consequences. First of all, it will be difficult to prove in court that you did not violate the rules, that you were not the culprit of the emergency that resulted in this event.

Most likely, there are witnesses who saw how everything happened, managed to remember or write down your car number, or everything was filmed on a DVR camera.

But, like many violations, this has its own statute of limitations. If the driver drove away without noticing the accident or deliberately disappeared, and was not found and charged within 90 days, then no one has the right to deprive you of your driver’s license or apply other punishment, for example, administrative arrest.

However, experienced human rights activists in the field of automobile law do not advise using this method of avoiding liability, since circumstances may change far from favoring the victim or the culprit whom they are trying to make. Therefore, the best solution is to stay at the scene of the accident and figure it out yourself.

Leaving the scene of an accident without injuries

When is it permissible to leave? This situation was clarified by the Supreme Court. You are allowed to leave when two conditions are met:

• no people were injured in the accident;
• Only one car was damaged, for example, the driver carelessly drove into a tree.

In this case, the driver is obliged to draw up a diagram of the accident and, if possible, take a photo or video of the accident scene. The diagram can be drawn on a piece of paper or on a tablet computer. The diagram must indicate the movement of the car before and after the collision, as well as all elements of the road infrastructure: markings, traffic lights, signs and fences. These materials will be needed when the car owner applies to the insurance company for compensation.

When you can not call the traffic police and leave for both participants. This can be done if two conditions are met:

• no one was injured in the accident;
• None of the drivers have any complaints about what happened.

If these conditions are met, participants are not required to contact the police.

Let's sum it up

• Leaving the scene of an accident is a serious violation, for which liability is provided in the form of deprivation of the right to drive for a period of 1 to 1.5 years or administrative arrest for a period of up to 15 days.
• For leaving the scene of an accident, both the culprit and the victim can be punished.
• Leaving the scene of an accident is grounds for filing recourse claims from the insurance company.
• The scene of an accident can be left if the participants do not suffer any harm to their health, they have no claims against each other, and procedural documents were not drawn up by the traffic police inspector.
• Expiration of the statute of limitations can only help occasionally.
• Failure to appear at the hearing of the case does not stop its progress.
• If the traffic police does not have the details of the offender or the information by which they will be found, then punishment can be avoided.
• In some cases, lawyers can convince the court not to impose punishment due to force majeure, extreme circumstances, or force majeure.
• The court may dismiss the case on the basis of insignificance if there are dubious circumstances in it (objective suspicions of the victim’s intent, etc.).
• The court may dismiss the case on the grounds of unintentionality if circumstances indicate that the driver was unable to notice the moment of the accident.
• If guilt is obvious , then it is advisable to focus on minimizing punishment.
• With a private agreement, in some cases the victim can help end the case.

What to do if another participant has disappeared

If this happened and you want to prove his guilt, look for camera or DVR recordings.

Find videos. Materials from traffic cameras can be obtained from the Unified Data Storage and Processing Center (EDSDC). Phone center in Moscow

Other cities also have such centers. Contact there and tell the operator the date, time and address of the violation. In response to the request, the operator will provide the application number. Indicate this number in your application to the traffic police - only traffic inspectors can obtain the record. The recording will show that the culprit left the scene of the accident.

You can also ask passing drivers for dash cam records. Write down the driver's phone number and ask for the recording to be sent by email as soon as possible.

If an accident occurred in the parking lot of a shopping or business center, ask for camera footage from security guards or car owners who constantly park nearby. These could be shopping center workers or office employees of a business center with video recorders in the salon.

Attach the records to the police report. It is best to record the materials on a flash drive or disk and give them to the police officer along with a written statement to initiate an administrative case.

The victim left the scene of the accident: was it a set-up or not?

If a situation arises where the victim left the scene of an accident, simply not noticing that he was hit, you should not try to catch up with him or stop him. Under no circumstances should this be done.

This situation can be explained in two ways.

1. The victim did not notice the collision, so he drove away from the scene of the accident. Perhaps, after a while, he will see the damage and remember the situation he was in, and return to the scene of the accident, where he has the right to call the police and arrange an analysis. This situation is quite controversial in terms of insurance, but in any case, the driver will not lose his rights if the situation is explained correctly. In addition, if the culprit of the accident has already called the traffic police, then the victim may be detained by the nearest traffic police post and consequences are already possible.
2. If the victim stopped, saw the damage and began to demand compensation, but when the traffic police officers were mentioned, he left, making excuses about urgent matters, sick relatives, or a funeral, then there is clearly a frame-up here. There can be a lot of such situations on the road, and criminals have enough combinations for even the most experienced vehicle drivers.

What to do if the victim did not notice the accident? Such unintentional situations do occur, as legal forums often write about. Example:

An inconspicuous machine.

The girl left her car in the parking lot. The alarm went off. She looked out the window and saw that her car was standing still. A little later, she left the building, got into the car and drove away. And only a few hours later, after washing the car, she saw a dent on the driver's door. She returned to the scene of the accident and called the traffic police.

The case is quite controversial, since the owner of the car left the scene of the accident and even managed to wash the car. The insurance company is unlikely to approve a compensation decision, even if the culprit is identified. But they will not be able to deprive her of her rights, since she had compelling circumstances to leave and did not know that a traffic accident had occurred.

What should the culprit do in this case to avoid ending up in a difficult situation? First of all, it should act the same as in a standard accident. That is, stop the car, mark the place with signs, and so on, according to the list.

In this case, it is imperative to call the traffic police so that the returning victim cannot accuse you of leaving the scene of the accident. Otherwise, you will face a fine and deprivation of your license.

But what if you see clear signs of auto fraud? In this case, it is much more difficult to get away with it, because you are deliberately made to blame. Let's look at an example:

You are driving in your lane and see a sports car that is pulling you up from behind, flashing its high beams and in every possible way indicating that you are moving too slowly. You change lanes into the next lane and collide with another car - a “setup”, which has been staying in your blind spot all this time. After that, pumped up guys get out of the car, threaten you and demand money from you.

How to behave in this situation?

First of all, it is worth mentioning that quite often drivers violate the rules for changing lanes from one lane to another, therefore, in order for you not to be at fault in this accident, you must:

• before starting the maneuver, turn on the turn, thereby indicating that you plan to change the direction of movement;
• make sure there is no obstruction on your right;
• increase speed to carry out the maneuver and smoothly change lanes.

Even with a moving obstacle in your blind spot, the chances of a collision will be minimal. But if this has already happened, then the main thing is not to succumb to blackmail and threats. And even more so, do not follow the “victim” who left the scene of the accident. If your car is damaged, then call the traffic police and register it according to the form.

Popular auto stand.

Another common case is when the car in front exposes itself to being hit from behind. In this case, the “victim” brakes sharply in front of the second car. If the driver is experienced and managed to react, then such people do not hesitate to back up.

The situation in this case can be saved by the correct behavior of the driver of the car behind, as well as by witnesses who could record the incident on a DVR. Despite the fact that the video recording cannot be considered evidence, it will be taken into account in court.

What is the statute of limitations for leaving the scene of an accident?

Administrative period. The case is considered administrative if the road accident case has one of the following conditions:

1. the participant in the accident drove away;
2. caused slight harm to the victims and left;
3. caused moderate harm and left.

If within two years from the entry into force of the resolution the driver is not held accountable, this will no longer be possible.

Administrative review period. The judge is required by law to consider the case within two months.

Duration of criminal prosecution . The case is considered criminal if the driver left the scene of an accident in which:

• the victim was seriously injured;
• the victim died;
• two or more people died.

If within 2 years from the date of the court ruling the culprit has not been brought to justice, this will no longer be possible.

Duration of criminal proceedings. There is no exact wording in the laws, there is only the concept of “reasonable time”. When calculating the period, the complexity of the verification materials in the case is taken into account, as well as that the actions of all participants in the case, including the judge, prosecutor, lawyer and investigator, are effective and sufficient.

The culprit disappeared, is it possible to punish him?

Let's consider the consequences associated with the incident if the culprit disappeared and the identity was identified. He faces liability, because clause 2.5 of the traffic rules requires the immediate stopping of the vehicle after a collision. You can move from the agreed place only in exceptional cases:

• there are injured people, and the ambulance cannot arrive;
• there are no casualties, but there is an obstacle for other road users (you can only move to the side
• after recording the circumstances in photos or videos).

According to Article 12.27 of the Code of Administrative Offenses of the Russian Federation, a violator for leaving the scene of an accident faces a restriction in the rights to drive a vehicle for 1-1.5 years or arrest for up to 15 days.

Moreover, it will not be possible to avoid deprivation of rights, even if the driver left the vehicle and left on foot. After establishing his identity, a corresponding resolution is submitted and a penalty is imposed.

The following measures may be taken against the violator:

• warning (if there were no similar situations, there were no casualties or damage);
• deprivation of the right to drive vehicles;
• administrative arrest for up to one and a half years;
• fine 500-1500 rubles;
• confiscation of the car to the impound lot.

Attention!

The statute of limitations has expired and no punishment has been imposed for the violation when the culprit has left - the only way to avoid liability.

Limitation period for liability

The injured party is interested in knowing within what time frame the second party can be held liable. These terms are limited, which allows many violators to evade punishment. The driver against whom the measure is selected must be present at the meeting. This requirement is mentioned in Art. 25.1 Code of Administrative Offences.

Failure to appear within these 3 months removes the threat of deprivation of rights from the culprit. But it is important that the failure to appear is due to a valid reason. Otherwise, a coercive measure may be used, when the participant is brought under escort. Theoretically, this option is provided, but it is rarely used in our practice.

Limitation periods:

• 3 months if there are no victims (Article 4.5 of the Code of Administrative Offenses);
• 3 years for damages;
• 2-10 years if there are victims (264 Criminal Code of the Russian Federation).

If there are victims, the minimum statute of limitations for criminal liability for an accident will be 2 years. The period increases depending on the severity of the consequences. If there are several victims and there is a fatality, a maximum of 10 years can be imposed.

Limitation period for damage

If a participant in a traffic accident caused damage to someone else’s vehicle, then the owner of the damaged vehicle may claim damages. He is given three years to exercise this right. When the absence is due to compelling reasons, it can be extended in court.

Unintentional leaving the area of ​​an accident and cancellation of punishment

The actions of the guilty party who left the area of ​​responsibility may show intent and accident. The reasons may be considered unintentional if the driver:

• did not cause any visible damage (minor scratches, the mirror was hit);
• due to poor visibility, did not notice the contact with another object;
• due to the strong noise, I did not hear a grinding sound;
• went indoors;
• took the victims to the hospital.

This list is not exhaustive. There is no clear list; the court itself identifies the reason. It’s just important to understand that for liability to occur, the very fact of the offense is sufficient. Art. speaks about this. 12.27 Code of Administrative Offences. But the reason for their occurrence, if recognized as valid, can reduce the punishment.

Cancellation of punishment may occur if:

1. It will be proven that the violation is not significant. If there is no property damage, there are no victims, then the culprit may well get by with a warning under Art. 2.9 Code of Administrative Offences.
2. Confirmation that the driver did not leave the area of ​​responsibility, but simply went indoors to warm up. In a situation where it was freezing outside and the heating was not working, the excuse may work.
3. Return to the site before the inspectors arrive. Even if the culprit left, but changed his mind and came back, then you can completely miss the fact of temporary absence. In such a situation, responsibility can be presented only partially, for example, for the absence of a road sign or the movement of a vehicle. This is Art. 12.27 Code of Administrative Offences.
4. The period of detention has been exceeded. The maximum that a participant must be held is three hours. The inspector was called, he did not show up for a long time, we made a second call (we recorded him). The agreed time has passed and you can leave. In such a situation, the court may side with the driver.

By arguing for leaving or leaving by leaving a note to the victim, you do not relieve yourself of responsibility. Regardless of intent or knowledge of the laws, punishment will follow.

When there is no penalty for leaving the scene of a parking accident

As mentioned above regarding care, leaving the parking lot after a collision entails responsibility. Whether a punishment is imposed or whether it is waived depends on the circumstances. But there are also cases when leaving a place does not threaten an unfavorable outcome. Consider these exceptional situations:

There was a situation of extreme necessity. An important condition for such a circumstance is to prevent greater damage from this violation. Let's look at examples.

Saving human life and preventing harm to health is clearly more important than violating traffic rules. If the driver took the victim to the hospital, or transported a woman in labor, then he may justifiably not stay in the parking lot.

Being late for work or pursuing other participants in the incident is not an extreme necessity, this must be taken into account. Other daily needs will also not be taken into account.

The drivers dispersed without complaint. A guarantee of the reliability of this method is the drawing up of the Europrotocol. This way you can prevent all sorts of negative consequences. After all, without such a document, the party who contacted the insurance company may cause trouble for the second party. The minimum must be a receipt that the second driver has no complaints.

How to avoid punishment

Draw up a diagram of the accident. The driver will not be punished if only his car was damaged in the accident, but no people. The road accident scheme will help you avoid punishment and receive a comprehensive insurance payment if you have this insurance.

Draw up a European protocol. This is the registration of an accident for subsequent reporting to the insurance company without the involvement of a traffic police inspector. You can issue such a document if the following conditions are met:

• There are no more than two cars in an accident;
• drivers have compulsory motor insurance;
• Only cars were damaged;
• Car owners have no disagreement about the cause of the accident.

Find video footage if you are accused. This happens when both drivers have agreed that they have no claims against each other. But after some time, one of the participants, even if he is the culprit, decides to receive an insurance payment for repairs. He will draw his diagram of the accident and call the traffic police. Police officers will find the second participant, and if he cannot prove his innocence in court, he will be deprived of his license or arrested. The same recordings from recorders or parking security cameras can serve as evidence.

Alexander Torvard, auto lawyer Such cases really do happen. Lately there have been fewer and fewer cameras - there are a lot of cameras and it has become easier to prove the truth.

How to avoid consequences in the form of punishment?

In what cases can you leave the scene of an accident without consequences for yourself? The law specifies the circumstances under which this is permitted. Namely, drawing up a European protocol in which police officers are not needed. But for this, in turn, a number of conditions must be met. This is the presence of compulsory motor liability insurance for all participants, and there should not be more than two of them, and the absence of unresolved claims in case of an accident. And of course there was an accident without any casualties.

It is also possible to leave the scene of an accident in order to take the victim to a hospital, emergency room or any similar institution. That is, the participant in the incident has the right to break the rules in connection with the fulfillment of his civic duty. But you still have to come back afterwards.

Remember

1. For leaving the scene of an accident, you are deprived of your license for up to 1.5 years or your freedom for 15 days.
2. It is allowed to leave the scene of the accident only if there are no injuries and one car is damaged in the accident.
3. There is no need to call the traffic police if there are no victims and the participants do not have disputes about the causes of the incident.
4. If the other driver of the accident drove away, find video footage of the accident scene.
5. To avoid unfair accusations, take photos or videos of the accident scene and draw up a diagram of the accident on paper. These documents will provide insurance if one of the participants then contacts the traffic police to receive an insurance payment.

All articles by the author: Evgeniy Lesnov

What happens if you didn’t notice the accident and drove away?

It is difficult not to notice the fact of an accident. Usually, even minimal contact between vehicles entails a change in trajectory or a complete stop of the car, the appearance of characteristic sounds (breaking glass, grinding, squeaking brakes), and signals from other road users. If these factors are obvious, you need to immediately stop the car and begin processing documents regarding the accident.

Even if you really didn’t notice the accident and didn’t stop the car, you will most likely become involved in an administrative case. Such an offense is punishable under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation:

• after identifying the driver or owner, a protocol will be drawn up on leaving the scene of the accident;
• the materials are sent to the court for consideration on the merits;
• If you do not provide evidence of innocence, the punishment will be deprivation of rights for a period of 1 to 1.5 years.

Note!

When searching for a driver who fled the scene of an accident, it is not always possible to establish his identity. However, to determine the state license plate numbers of the car, and then the owner, quite simply based on the testimony of eyewitnesses and the victim, recordings of DVRs or street cameras. In this case, the protocol is drawn up for the owner, who will have to prove that he was not the one driving.

Deprivation of rights under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation will follow even in the absence of serious damage to cars, harm to the health of citizens, or other consequences. The severity of the punishment is associated with the inability to draw up documents for compensation for damage without the second participant in the accident, and to accurately determine the picture of the incident. The only option to avoid punishment is to prove that you had no intention of leaving the scene of the accident, since you simply did not notice it.

Resolve the issue if you left the scene of an accident

It is always important to remember that you can resolve the issue if you leave the scene of an accident, but this will require a lot of effort, and in some situations, even money. The current legislation is quite loyal to those people who left the scene of an accident, if everything was done in accordance with the letter of the law. In addition, a competent lawyer will achieve for you the most advantageous position in which leaving the scene of an accident turns out to be unintentional or completely necessary.

Knowledge of the laws and the help of competent specialists allows you to avoid punishment when leaving the scene of an accident, even in the most difficult cases.