How to avoid liability when leaving the scene of an accident

The Code of Administrative Offenses of the Russian Federation (Article 12.27) explains that it is necessary to bear responsibility for leaving the scene of an accident in which the driver was a participant.

And for this offense, the sanctions in this article provide for only 2 types of punishment: deprivation of the right to drive a car and arrest.

Administrative arrest is provided for by the article for a maximum period of up to 15 days, but deprivation of a driver’s license is from a year to a year and a half. But given the nuances of this type of offense, when cases are considered in court, arrest is rarely ordered (approximately 5% of punishments).

What does it mean

First you need to understand the concept of “left the scene of an accident.” When it comes to a traffic accident, it would be more correct to say “left the scene of the accident.”

This is a situation where the driver who violated the rules left the scene of an accident in which he was directly involved. This is a serious driving violation that results in the loss of your driver's license.

Also, along with the term “left the scene of an accident,” it is worth examining the accompanying concept “road accident.” Typically, people perceive an accident as a situation on the road in which people and vehicles were involved.

This is not entirely true. According to the definition (clause 1.2 of the traffic rules), an accident is an incident that occurred when any vehicle was moving along the road lane and led to an accident.

As a result, cars, buildings, structures were damaged, other people's property was damaged, and people were also injured (killed, injured, etc.). All of these factors relate to an accident, but not all of them are required.

For example, an ordinary incident is a collision between two cars. This should be followed by registration of an accident involving two drivers.

What to do for the victim: procedure after the incident

To be able to receive an insurance premium, preferably in a short time, you must have the most complete information about the car driven by the culprit who left the scene of the accident. At a minimum , you need to remember the make and color of the car; it’s very good if you managed to write down the vehicle number.

Vehicles often have “special features” (various types of dents and scratches), if they are found, they need to be remembered.

IMPORTANT. The more information there is about the car that left the scene of the accident, the greater the chances of receiving an insurance premium.

We comply with traffic regulations

In the event of an accident, there are mandatory regulations that must be followed.

Paragraph 2.5 of the traffic rules states that after a traffic accident, all participants are obliged to:

1. Turn on the hazard warning lights.
2. A warning sign about an emergency situation on the road should be placed 15/30 meters from the scene of the accident (the specific distance depends on where the accident occurred - in a populated area or outside it).
3. If there are injuries as a result of the accident, immediately call an ambulance by dialing 103, 112.
4. The traffic police are informed about the incident and they are called to the scene.

We are looking for witnesses

While traffic police officers are getting to the scene of the accident, it is necessary to find witnesses to the accident (if possible). It is very important to record all the data of witnesses to the accident, and even better, ask the witnesses to stay until the traffic police arrive. This is not always easy to do, not everyone is ready to sacrifice their time, but you have to try, the outcome of the case largely depends on the testimony.

We file an accident

After the arrival of the traffic police officers, an accident is registered. Moreover, it is very important to tell them in as much detail as possible about what happened, to inform them about the escaped driver responsible for the accident after it was committed.

When drawing up the report, all details of the accident and the data of all witnesses must be presented. It is on the testimony of the injured party that the protocol is drawn up. After its completion, the protocol must be signed by the driver who remained at the scene of the accident.

When filing an accident, it is very important to carefully read the report before signing it. If you have any questions, you should ask them to the traffic police officers, the answers should be unambiguous. If the protocol is drawn up incorrectly, but the traffic police officer does not want to make changes to it, then the injured party may not sign it. Or he can sign, but write that he does not agree with the conclusions. But in this case, you will have to prove your rights in court.

After registering an accident, State Traffic Inspectorate employees release the driver from the scene of the accident and begin searching for the at-fault driver on the road.

ATTENTION. If the injured driver does not contact law enforcement agencies in a timely manner, then it is highly likely that you will not have to count on insurance payment for damages in an accident.

We notify the IC

After submitting an application to find the person responsible for the accident on the road, you must report the incident to the insurance company, this must be done no later than 5 working days from the date of the accident, Bank of Russia Regulation No. 431-P dated September 19, 2014.

When a driver contacts his insurer, the following documents are presented:

• statement from the injured car owner;
• notification of a traffic accident;
• certificate of traffic accident;
• a protocol that confirms the fact of the offense committed;
• certificate of medical examination;
• a copy of the policyholder's passport (it must be notarized);
• if the document is not submitted by the applicant himself, then a notarized power of attorney will be required to transfer the rights to conduct operations with the applicant’s personal data.

After all the formalities have been completed, you must wait until the one who is to blame for the accident is found.

You can’t chase after someone who caused an accident! If the victim leaves the scene of the accident, this will cause the insurance claim to be denied.

You can find out more about how to submit an application to an insurance company for compensation under compulsory motor liability insurance here, and in more detail about what is an insured event under compulsory motor liability insurance, what is the procedure for participants and other nuances, find out in this article.

Penalties

When an accident occurs, drivers are required to call the traffic police. If this does not happen, the law provides for serious liability.

There is no need to worry about the size of the fine for non-compliance with the rules, you will not face one (depending on the circumstances, but usually no fine is imposed).

For individuals

According to legal norms, such a situation is considered a very serious violation, therefore the guilty driver will be held accountable to the fullest extent.

Attention! If two drivers were involved in the incident, who subsequently fled the scene of the accident, and later went to file a statement with the police without properly registering the incident, the responsibility falls on both participants in the same amount.

Sanctions for leaving with an accident. What are the dangers of leaving the scene of an accident? Punishment:

In practice, arrest is almost never applied to the driver. This is a special measure that law enforcement agencies try not to resort to.

But, nevertheless, full responsibility for leaving the scene of an accident can be assigned if the driver violated a number of rules, or if the accident led to serious consequences. For example, an aggravating circumstance is alcohol or drug intoxication.

Attention! If you are still unlucky and become involved in an accident and then escape from it, you do not need to drink alcohol. It will be worse when you are discovered.

Article 12.27 of the Code of Administrative Offenses of the Russian Federation provides a clause that stipulates that it is prohibited to drink alcoholic beverages after an accident and before undergoing a medical examination.

The preventive measure for violation, if there were no injured persons, is the same as in other cases. The only thing is that it can be slightly softened. For example, a driver can only be deprived of his license through a judicial procedure.

It turns out that participation in the process, respect for the law and willingness to help the court can reduce the sentence to a minimum.

For legal entities

It will not be possible to avoid the liability of legal entities when leaving the scene of an accident. Any violation of traffic rules leads to the payment of a fine, credited to the account of the traffic police service.

For leaving the scene of an accident, responsibility falls not on the person to whom the car was entrusted, but on the owner of the vehicle.

According to the norms of the Code of Administrative Offenses of the Russian Federation (Article 12.27), administrative punishment for an offense for a legal entity (arrest for 15 days, a fine of 1000 rubles or deprivation of rights).

Also, if the driver who was driving at the time of the accident later returned to the scene of the accident, the preventive measure will be reduced to a minimum.

The court will take into account all such details when making a sentence. This applies not only to the person who owns the vehicle involved in the accident, but also to the driver who was driving the car at the time of the incident.

At the same time, the last moment may become key for those employees who are involved in an accident on the road, while currently employed, for example, in a position in a transport company.

From the culprit's point of view

Today on forums and legal platforms you can see a question of this nature: “I fled the scene of an accident, but the car is not registered in my name.” Here, of course, it is not so much the legal aspect that comes into force, but the moral and ethical one. The driver's liability must be insured under MTPL, and the duty of every reasonable citizen is to stop and try to correct the situation.

Many drivers who are driving under the influence of alcohol or do not have insurance leave the scene of an accident, try to hide the car and avoid liability. That is, if you want to evade responsibility, opportunities also arise, and the statute of limitations for this incident is regulated by three months and is quite conducive to such a decision. But, one way or another, there are no other laws yet and you should be guided by your own moral standards.

In conclusion, I would like to add that traffic accidents occur quite often among those drivers who feel very insecure behind the wheel, as well as among those who prefer an aggressive driving style. Here, as in everything, the golden mean is important. Be careful while driving and be careful!

Why you shouldn't hide

Almost always, crimes become known. This is especially true lately, when external surveillance cameras are placed on every corner and cars are equipped with recorders.

In such a situation, finding the culprit of the accident is not difficult. As a result, in addition to responsibility for the accident itself, the driver will also bear the penalty for leaving. It's best to never leave the scene of an accident.

Also keep in mind that for leaving the scene of an accident, both the culprit and the injured person will be punished equally. However, when documents are drawn up in the absence of one of the parties, there is a high probability that she will be found guilty of the violation that occurred.

Options when the driver’s departure will not be considered an escape

The legislation stipulates situations when a participant in an accident has the right to leave the scene of the accident. In this case, no punishment will be imposed on him.

List of valid reasons that may become grounds for departure (traffic regulations – clauses 2.6 and 2.6.1):

• delivery of the wounded to a medical facility;
• drawing up a mutual consent agreement, registering an accident at the traffic police post;
• a rule clause requiring the vacation of a small section of the road due to complications in the movement of other road users;
• registration of the Europrotocol.

Also, it is impossible to be accused of leaving the scene of an accident if there was none. Drivers can drive away if no accident has been detected (no people were injured, no property was damaged).

Any other reason cannot serve as a basis for a valid departure from the scene of an accident. Even in a very difficult situation, regardless of the accompanying facts, the driver will have to be punished for the violation.

There are also some points that should be taken into account before filing an accident yourself:

• there should be no injured or dead people;
• the parties should not have contradictions and disagreements;
• no more than 2 cars must be involved in the incident;
• transport of both parties must be insured by a compulsory motor liability insurance policy.

When all the nuances are taken into account, drivers can independently register the incident in accordance with the rules. This will not be considered a violation by law.

When does RSA intervene?

RSA pays money to the injured party in accordance with Art. 18 FZ-40, if the culprit of the accident left the scene and could not be found. But there is one important nuance - RSA bears expenses only if the accident caused damage not only to the injured party’s car, but also to the health or life of the victim.

According to Part 1 of Art. 18 FZ-40 compensation is subject to damage caused to the health and life of the victim.

To obtain it, you need to collect not only all the necessary documents confirming damage to the car, but also medical certificates. Otherwise, you may not expect compensation. RSA does not bear any responsibility for material damage. Demanding compensation for moral damage in this case makes no sense at all.

Circumstances mitigating punishment

It’s worth mentioning right away that it is impossible to avoid punishment for hiding from the scene of an accident. The only loophole is the help of a professional lawyer who will try to prove that there is no violation at all.

But in case of severe injuries or death of a person, there can be no question of avoiding a preventive measure. Especially if you left the crime scene.

Judicial practice on mitigating factors when fleeing the scene of an accident is quite complex. The situation depends on the specific surrounding circumstances.

For example, if the driver slightly damaged another car, but believes that he was not guilty of the incident, therefore he left the scene of the accident, or simply disappeared without noticing the situation, then attempts to mitigate the punishment in court may be successful.

Again, if you have a corpse or a completely wrecked car on your account, then it doesn’t really matter whether the departure was premeditated.

The Europrotocol solves the problem

Sometimes circumstances develop in such a way that a minor clash can disrupt all plans. Its registration is possible without the intervention of the traffic police, but there are certain conditions for filling it out. Many drivers do not use this right because they do not know the nuances and are worried: “Will they deprive me of my license for fleeing the scene of an accident.”

Lawyers convince us that no, your actions will not be regarded as such that the driver drove away after an accident, since all documents will be completed. It’s trite, you can immediately go to the insurance company with a copy of the completed European protocol and not waste time sending the application by mail.

The Europrotocol can be issued in the following cases:

• damage not exceeding 100 thousand rubles;
• there were no injuries in the accident;
• drivers agree on who is the culprit and who is the victim;
• both drivers have MTPL policies.

Drawing up a Europrotocol is a guaranteed way to quickly and without wasting time to solve serious problems.

Yes, your car will be sent for examination in the future, yes, you will have to tinker with documents, but you can save your time and that of other road users. Having filed a notification about an accident, you don’t have to worry or think: “will I be punished for this or not.”

Advice from lawyers on avoiding liability when leaving the scene of an accident

Let's start with the fact that if you are really to blame for what happened, it is better to find the victim and compensate for the damage. It will be calmer and more correct this way.

At the same time, your wallet will still suffer, because if your guilt is proven, the insurance company will try to recover from you a recourse for its expenses for payments to the injured party. Also, by mutual agreement, it will be possible to avoid punishment when hiding from the scene of an accident.

Statute of limitations

The statute of limitations established by law (Article 4.5 of the Administrative Code) for evading the scene of an accident is 3 months. After its completion, no one has the right to punish you for violation. It turns out that if during this time the police officers do not find you on the roads, there will be no consequences.

Often the injured party tries to independently find the hiding culprit, often even more successfully than law enforcement agencies, using witnesses and photos from the scene of the accident.

Even if your car was found, and you received a summons from the traffic police with a request to come to investigate the accident, it is not at all necessary to go straight to the police station to turn yourself in red-handed.

In the case of minor damage, such letters are mere bureaucracy and formality; the authorities are not interested in searching for a minor violator.

Receiving a subpoena

When the driver was caught by the police, it wasn't all over for him. The verdict on the appointment of a preventive measure is made only by the court. If you fail to appear, the court does not have the right to consider the case of hiding from the scene.

It is important that the driver is notified in the correct order, which is not always done in practice. Further, for failure to appear on a summons due to an unexcused reason, a fine of up to 5 thousand rubles will be imposed on a person; in the case of an individual, the trial will be postponed.

If the court case is repeatedly ignored, the authorized bodies may receive an order to bring the offender to the courtroom. In any case, no matter what happens, the driver’s failure to appear in court within 3 months of the case will lead to the automatic closure of the case.

Attention! We are talking about minor accidents in which there are no injured, injured or killed citizens. Also, within 3 years, the injured party can request compensation from you for damage; the insurance company has the right to assign recourse for hiding from the scene of the accident.

Meeting with the traffic police after the statute of limitations has expired

It happens that the statute of limitations has expired, but information about a particular car has not been removed from the database of wanted violators. The driver can be stopped even after 1-2 years, notified that his vehicle is on the wanted list, although he did not even know this (he may learn about the accident for the first time)

The whole point is that only the authority that put the vehicle on the wanted list can deregister. In our case, the traffic police. Otherwise, the car will be on the list forever.

As a result, if the responsible employee forgot about your vehicle or the documents were lost, it may remain on the wanted list for a long time. It's not scary. Again, no one can punish you after 3 months.

You will have to go to the traffic service department and send a request to remove the vehicle from the wanted list due to the expiration of the statute of limitations.

Attention! They cannot deprive you of your rights in any way, but the victim or the insurance company have the right to issue an invoice for damage compensation.

Unintentional hiding

Convincing the court that you acted unintentionally is difficult. It happens that the court did not hold accountable the driver who left the scene of the accident due to the lack of evidence of deliberate concealment. According to the presumption of innocence, guilt must first be proven.

The court took into account that the damage was not serious, and due to the large size of the vehicle (for example, buses, trucks, etc.) and the heavy flow of cars, the driver really could not have noticed the collision. It also takes into account whether the victim tried to notify the at-fault party about the accident.

The insignificance of the matter

In practice, there are cases that were closed due to their insignificance. The judge rendered a verdict, arguing that the offender’s actions could not cause serious harm, and therefore the proceedings were stopped.

When the damage is insignificant and its connection with a specific accident is doubtful, and the victim has no claims, the court can do without strict measures against the culprit.

Often in such cases, a special role is played by the activity of the party, the correct position and its legislative argumentation. A lawyer or a simple consultation with a lawyer is also of considerable importance.

Consent of the parties

Perhaps the simplest and safest method. Consent must be obtained before identification at the traffic police.

Approximate algorithm of actions:

1. Personal meeting with the victim. We need to come to an agreement so that he does not identify the culprit to the traffic police. The damage will need to be compensated.
2. Come for identification at the traffic police;
3. The victim testifies that he does not know you or your car. He writes a statement to terminate the proceedings.
4. The case is closed, the vehicle is removed from the wanted list.
5. It is easier for the injured party to immediately receive compensation and, as a rule, he is not interested in punishment.

Appeal for mitigation of sentence

An appeal is drawn up to appeal a court decision or reduce a sentence. It must be correctly composed to bring results. The case will then be appealed to the Supreme Court.

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Completed form.

There is always a punishment for breaking the law. You should not run away from the scene of the accident, especially if you are at fault. If an accident occurs, try to come to an agreement with the other party so as not to bring the matter to court.