Every day there are more and more cars on the roads. The number of road accidents is certainly growing. Of course, there are disproportionately more minor accidents, and many of them are ridiculous accidents.
In addition, it often happens that the culprit of the accident hit a car in the yard and fled the scene of the accident, without even noticing that he hit a car standing nearby. Accordingly, he did not stop, did not turn on the hazard warning lights, and generally did not take any measures that he should have taken in such a situation.
However, it does not matter whether the driver noticed the moment of the collision or not, his action will be considered from the point of view of the law. And it turns out that if a neighbor tampered with the car and drove away, there is an administrative penalty for this. We'll tell you which one in this article.
If a driver hits a car in the yard and leaves the scene of an accident, what does he face?
Search for a car, criminal liability and prison. This is what some drivers think, having found themselves in a similar situation and having heard various scary stories.
In fact, these are too condensed colors. Although, if there are victims or the fact of causing serious bodily harm to citizens, then criminal prosecution is not excluded.
However, accident statistics show that the likelihood of such an event is extremely low. What consequences may occur for those car owners who carelessly treated another car?
When the conversation turns to administrative liability , most likely it may arise for leaving the scene of an accident. Sanctions prescribed in Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation , provide for deprivation of rights for hiding for a period of one to one and a half years . An alternative could be arrest for 15 days .
At the time of the accident, the driver was drunk and fled, after which he was detained at home; this is often fraught with a fine of 30 thousand rubles. and deprivation of rights from 1.5 to 2 years (Part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation)
Property liability . Here we are guided by Art. Art. 1064, 1079 of the Civil Code of the Russian Federation, regulating the procedure for compensation for material damage.
It must be remembered that if the car was not driven by the owner, the owner of the vehicle will be responsible to the victim. Exceptions are cases when the car is transferred under an agreement or power of attorney.
It is unlikely, but criminal liability is allowed - enshrined in Art. 264 of the Criminal Code of the Russian Federation. It depends on the nature of the injuries and the number of victims. The condition of the driver is essential: whether he was drunk at the time of the accident or not.
In general, of course, you need to look at the specific situation. What circumstances will play a significant role?
Let's list them:
- The scene of the accident.
- The circumstances under which the accident occurred.
- The presence or absence of intoxication.
- Whose fault was it that the collision occurred?
- Is there a compulsory insurance policy?
- How seriously damaged the cars were.
- Are there any injuries caused by the accident?
When the driver who hit the car and left the scene of the accident knows all the facts listed above, it is better to go to a car lawyer and discuss with him all possible scenarios. And if it is not known, then even more so.
We will consider cases with minor injuries and more serious ones separately. Read the article and you will find an approximate algorithm of actions suitable for your situation.
What if there is no CASCO?
In this case, according to the Code of Administrative Offenses of the Russian Federation, you will definitely have to pay a fine for illegal parking. It is imposed on the party that does not have a compulsory motor liability insurance policy, no matter whether the culprit or the victim. Depending on the situation, the relevant article may be applied.
Table. Punishment of a driver for operating a vehicle without compulsory motor liability insurance.
Alas, many drivers do not have enough money to spend on 2 insurances at once - both OSAGO and CASCO. Therefore, a much more pressing question is: what to do with compulsory motor liability insurance if your car is scratched in the yard? Let us immediately note that state insurance will not allow the injured driver to receive compensation if the offender escaped.
In such a situation, the victim is interested in independently finding the person who caused the damage. What to do and who to call if your car is scratched in the yard?
- If you know the address of the city camera that could record the violation, as well as the estimated time of the incident, call the Department of Information Technology - the telephone number of this organization. The operator will record your application and name the number assigned to it - this should then be handed over to the traffic inspector. If the street camera is owned by a private organization, you should contact them - perhaps they will help you.
Please note: it only makes sense to search for a violator using cameras when you left the car for a short time (for example, to visit a supermarket). No one will “watch” the video for hours – and they won’t let you!
- Call the traffic police to the scene of the accident.
- While waiting for the traffic police, conduct your own mini-investigation - walk around the yard and ask other drivers and ordinary onlookers if they saw who scratched the car. As a rule, people show participation and happily “surrender” the boorish offender. Also observe which of the cars parked in the same yard have DVRs installed. Ask the owners of these vehicles for contact information so you can contact them and view recordings from their surveillance devices.
- Draw up a protocol together with traffic police officers and receive a copy. From this moment on, an official investigation into the incident begins, however, your own should not be abandoned. It is not a fact that traffic police officers will make every effort to find the culprit.
- Visit nearby service stations and find out if you have recently contacted them for car painting. Examine the scratches first - maybe the paint of the offender’s car remained at the scene of the collision. If you manage to find such evidence, you will narrow the pool of suspects to a minimum.
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Rest assured: if you persist in the investigation, one of the methods will definitely bear fruit. With the evidence you need to go to the traffic police department - you will be welcomed there with open arms, because in fact you have done their work for the traffic inspectors.
If the cars received minor damage
We shuffled the car in the yard and drove off, what should we do? First, let's look at a situation where the accident resulted in a small scratch. This happens often, and it can happen anywhere, in parking lots and yards. As a rule, in such places, drivers often do not notice the moment of collision.
If someone scratched a stationary car and fled the scene of a minor accident , then his car will be put on the wanted list. Of course, provided that the vehicle's license plates are installed. If not, then the driver is lucky, but this rarely happens.
In general, the legislator has established a rather harsh punishment for such an offense, as mentioned above - this is the deprivation of a driver’s license. For minor damage, there is no criminal liability.
In this case, they are guided by the Code of Administrative Offences. If the culprit of the collision is found, he faces deprivation of his license for up to one year or administrative arrest for up to fifteen days . There is nothing pleasant here.
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Selivanov Alexander Andreevich
Lawyer, specialization civil law.
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If there are objective reasons, you can avoid punishment; to do this, you should use the services of a law firm. A competent auto lawyer will tell you how to proceed.
We are taking measures
Who should you call if the culprit turned out to be conscious and remained waiting for you? Participants report the accident to the traffic police, take photographs of the cars and the scene of the accident. Then fill out the incident notification form.
The notice indicates the exact address of the accident site, date, and number of damaged vehicles. It is necessary to indicate whether the person responsible for the accident was tested for intoxication. You also need to make a note of the material damage caused.
A violation can be recorded using a European protocol. It applies if;
- two cars were involved in the accident;
- no casualties;
- motorists came to a consensus about the incident;
- damage was caused in the amount of up to 50,000 rubles;
- both participants are insured.
When drawing up a European protocol, participants fill out their parts of the notice, then within 5 working days they need to visit the office of the insurance company to explain the circumstances of the accident and provide documents.
But what to do if the driver scratched the car and fled the scene of the accident?
First you need to fix the damage. The driver must also understand: was the damage to the car intentional? Perhaps the glass was broken to steal a valuable item, or a scratch was made or a headlight was removed.
It is necessary to distinguish the nature of the damage. If a car is scratched in a parking lot by another car, the incident must be reported as an accident.
Without the second participant, the traffic police will transfer the case to the search department, which will search for the culprit (if there were witnesses or the case was recorded by surveillance cameras).
If the car was damaged by thieves or hooligans (they beat the car with a hammer, poured paint on it, broke the glass, scratched it with a nail), you need to dial 02 and call a local police officer or another police officer.
The employee draws up a protocol and a copy is given to the driver. You need to write a statement about hooliganism or theft. If the attacker was recorded by an external surveillance camera, witnesses noticed, they will look for him.
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Begin to investigate the size and location of the damage. There may be traces of paint from another car left in it, which will help in finding the culprit.
If the criminal or the culprit of the accident is found, it is necessary to present documented facts of the offense.
During the above procedures, you need to follow simple steps:
- you cannot mention to a traffic police officer that the damage is minor;
- do not indicate that you have no claims against anyone;
- when receiving a certificate from the traffic police, make sure that all data is correctly indicated in the document, especially the date and location of the incident, details of the damaged vehicle, and a list of damages;
- be sure to study the clauses of the insurance contract regarding the deadlines for submitting and the list of documents to the insurance company if an insured event occurs;
- make copies of all documents that need to be submitted to the insurance company, as well as an application for notification of an insured event;
- ask that all these copies be certified.
Finding the culprit
Let's find out how to find the person who scratched the car:
- walk around the parking lot, look carefully, perhaps there are cars with a DVR turned on;
- find out the driver’s contact phone number and use the video recording in the future;
- there may be cameras on nearby buildings or in the parking lot itself;
- Almost every entrance is now equipped with cameras;
- Inspect the area of the scratch; paint from another car may have remained on it.
If you know the car number, the search will not be difficult. The owner of the vehicle can be found by number within a few hours.
But finding the owner is half the battle. They often claim that one of the relatives is driving the car, but the owner himself does not know anything. Then witnesses, video recordings, photographs, and a thorough investigation will help.
To find the culprit:
- Frequently ask law enforcement officials how the search for the violator is progressing. If you see that employees are inactive, send a complaint to the head of the department or to the prosecutor's office. Negligence is a criminal offense.
- Conduct your own search. Place an advertisement on social networks, forums, newspapers. Interview residents of nearby houses and the parking lot guard. Check out your nearest car repair shops.
After the traffic police officers arrive and draw up a report, contact nearby service centers and ask if someone may have contacted them with a request to paint the vehicle.
Sometimes even using this method you can find unscrupulous drivers. According to traffic police statistics, this method helps to find a violator much more effectively on your own than an inspectorate overloaded with cases. If you find the culprit, contact the traffic police and fill out a report.
Statute of limitations
If the culprit left the scene of the accident, the statute of limitations for the violation is 3 months. Afterwards they will not look for him and punish him for what he did.
There is no statute of limitations for compensation for damage to life and health, for moral damage in the event of injuries and death. Penalties are collected from the culprit even if many years have passed.
There is also no deadline for searching for a vehicle. Only the initiator (the traffic police) removes the person from the wanted list. The driver can be stopped at each checkpoint: he will continue to be listed in the wanted database. But they will not be able to bring him to justice.
Cases of road accidents causing harm to health
It must be said that if in the first case, the police officers do not look too zealously for the culprit of the collision, then if harm is caused as a result of an accident, the search will become more serious.
Here it is already quite acceptable to use the Criminal Code of the Russian Federation. Moreover, if the driver fled the scene of the accident, but was sober, and there are no other aggravating circumstances, then he faces up to three years in prison.
Under such circumstances, much depends on what the person responsible for the accident will say when he meets with the police. What reasons will he give as justification for leaving the scene of the accident?
In any case, in this situation you need to consult with a car accident lawyer. Because finding the necessary arguments in order to avoid criminal punishment is not so easy.
Without fail, it is advisable to analyze the event of a violation, build a strategy and thus prepare for further actions.
It is important to know! It is unacceptable to delay the resolution of such issues.
How can the culprit avoid punishment?
Again, the answer to this question can only be given after a detailed study of the situation.
So, when an absurd accident occurred, the damage was insignificant, then, first of all, it should be argued that the driver did not notice the moment of the accident, did not feel the impact and collision.
The main thing is that the police officers who registered the accident classify the events correctly. If the driver came to the traffic police on his own, this in itself does not mean that he noticed the collision and is guilty.
It should be explained that after stopping and getting out of the car, I noticed damage to my car and decided to contact the police.
And in no case can you say that you were scared or confused, and that’s why you fled the scene of the accident in a car. The punishment in any case will be more lenient for an unintentional offense.
If the damage to the car is significant, and the driver left the scene of the collision, then of course you can’t say that you didn’t notice the moment of the accident.
In such circumstances, another scheme can be used to protect the driver. Which one? You ask. More details only during a personal meeting.
In other words, you can correct the situation and take control. The main thing is to contact a lawyer in time for advice and advice.
Is it worth going to the police?
Often drivers, finding themselves in the situation described in our article, ask themselves the question: “Maybe they won’t find it?”
Yes, sure. Maybe they won't find it. However, in the era of technological progress, when surveillance cameras and passers-by with smartphones are everywhere, hoping for such a development of events means counting on chance.
Our opinion is that it is better to come to the traffic police and report an accident, subject to thorough preparation and prior consultation with lawyers or attorneys.
After all, as mentioned above, you can find a decent way out of many situations. At the same time, keep your driver’s license and avoid other measures provided for by law for violators of law and order.
If the driver left the scene of the accident and decided to hope for luck and luck, then you need to remember that the main thing that needs to be proven is the unintentionality of his actions.
That is, the fact that the accident site was abandoned was not intentional and for objective reasons. Otherwise, responsibility cannot be avoided.
The information contained in this article highlights the complexity of the situation. It is obvious that you cannot do without the help of specialists in legal matters.
Accidents in the yard and in the parking lot - questions and answers
Car collisions in courtyards and parking lots are a common phenomenon. The density of other cars and driver inexperience contribute to accidents. The weather can also have its say.
Most vehicle owners do not know how to behave after an incident. Not everyone understands the penalties that may arise.
Below are questions regarding the most common situations. The answers to them will prompt the right decision.
They left and left a note
Our car was hit in the yard. I wasn’t home for several days, but I left my car in the parking lot near the entrance. When I returned I found a broken taillight.
The driver who did this left a note on the windshield with his coordinates and his willingness to negotiate. What is the best thing to do in such a situation? Do I thank you in advance?
Alexey, Moscow.
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Kosykh Tatyana Viktorovna
Lawyer, more than 1 year experience.
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This procedure will be optimal. It is worth contacting the author of the message and making an appointment. It is advisable that the car owner arrive in a car that still retains traces of the collision. Then you can limit yourself to drawing up a European protocol, indicating that the accident occurred at the current moment. In such a situation, each motorist applies for compensation under compulsory motor liability insurance to his insurance company and everyone is satisfied.
If you left by accident
I returned the other day from friends. In the dark, I didn’t notice how I struck someone else’s car. Half an hour later he returned to the scene of the accident.
At that moment the traffic police had not yet arrived. We agreed on the basis of a receipt to reimburse the injured party for repair costs. Should we expect any more consequences?
Vyacheslav, Domodedovo.
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Kosykh Tatyana Viktorovna
Lawyer, more than 1 year experience.
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In the described situation, prosecution for leaving the scene of a traffic accident does not threaten, since the incident has not yet begun to be formalized legally. Another thing is that you need to fulfill your financial obligations in a timely manner. Otherwise, the risk of litigation increases. It is possible that you will have to incur additional material costs to pay legal fees.
I learned about the collision after a long time
Two years ago I came to visit a friend. One day I caught a car parked in the courtyard of a house because there was heavy ice. To be honest, I forgot about the incident.
However, I recently received a summons from the court. He will consider the case on the imposition of sanctions provided for in Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation. Tell me what to expect?
Igor, Moscow.
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Kosykh Tatyana Viktorovna
Lawyer, more than 1 year experience.
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Since the accident occurred several years ago, there is no need to fear administrative liability, since the one-year statute of limitations has expired. However, additional scenarios cannot be ruled out. The main one is a lawsuit for compensation of property damage. A requirement for moral compensation is often added to it.
The victim did not respond to attempts to resolve the issue
In the courtyard of a high-rise building, a neighbor's car was damaged during an unsuccessful maneuver. He immediately offered him 15 thousand rubles as compensation.
The owner of the damaged car asked to be given 10 days to think about it. The deadline has long passed, but no intelligible answer has been forthcoming. Tell me what is the best thing to do in such a situation?
Fedor, Vnukovo.
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Kosykh Tatyana Viktorovna
Lawyer, more than 1 year experience.
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It is difficult to give any assessment to the motives of the neighbor's behavior. Perhaps the accident has already been forgotten and there is nothing to fear about the consequences. The citizen’s employment also plays a role. Be that as it may, we need to try to resume the dialogue. After this, it is advisable to send an offer to compensate for the damage voluntarily in writing. Depending on the further development of events, a line of one’s own behavior is built.
Damaged another car while parked
While driving into the parking lot in front of a shopping center, I accidentally scratched a nearby car. The driver was not there, so we had to call the traffic police. The OSAGO policy was in hand and up to date.
What consequences can be expected in the future? All circumstances of the event are recorded in the materials compiled on the fact of the incident. Thanks in advance for your advice.
Konstantin, Balashikha.
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Kosykh Tatyana Viktorovna
Lawyer, more than 1 year experience.
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The most likely scenario will be the following. It will not be difficult for the traffic police to establish the identity of the owner of the damaged car. Next, he applies to the culprit’s insurance company for compensation, which is provided by organizing repairs. Judging by the situation described, there will be no recourse payments in the future.
There was actually no accident
They are accused of damaging a car parked in one of the yards. The owner of the car brought his witnesses, who claim that they dented the right side of the damaged vehicle.
The owner of the nine agrees to leave the incident unattended. However, in return he persistently demands compensation in the amount of 20 thousand rubles.
Wondering what to do in such a situation? Is it possible to prove that you are right? Thank you in advance for your response.
Daniil, Lyubertsy.
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Kosykh Tatyana Viktorovna
Lawyer, more than 1 year experience.
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There are several options for exiting the described story. If the car has a dash cam, the other party can be shown footage of the day the alleged collision occurred. In addition, it is necessary to insist on conducting an examination involving two cars. It will reliably determine whether there was a collision or not.
Finally, when threats and demands continue to arrive, you need to write a statement to the police. After all, there are signs of extortion.
Scratched the car in the parking lot
While the investigation is ongoing, do not sit idle, look for the culprit of your troubles. If there are CCTV cameras installed in the yard, contact the management company. To do this, you need to come to the office and leave a written statement with a request to view recordings from CCTV cameras. Take a closer look at the lower floors of your home.
Nowadays, owners of the first and second floors often install personal outdoor video surveillance. And the cameras are looking exactly at the parking lot near the house. Talk to the owners of the cameras; most likely, they will not refuse to view the video recordings. Take a stroll through the nearby courtyards. If your car is scratched or hit by another vehicle, chances are it was from a nearby resident. Look for a car with fresh scratches, dents, imprints of someone else's paint on the bumper - any signs of damage.
Recently, the welfare of citizens has been growing, and therefore every year there are more and more cars. However, there are not so many places where you can leave your car that there is enough for everyone. Therefore, people park wherever they can, and often find their iron favorite in a slightly unsaleable condition - for example, with a scratched fender, a punctured wheel, cracked glass or a broken bumper.
And the last situation is that the car was damaged while parked. This happens when the door is opened and it causes scratches to a nearby car. This case is not an accident and is not recognized as an insurance case, so it will not be possible to receive compensation from the insurer.
But it is quite possible to demand compensation for damages from the other party. If the driver has left, measures must be taken to find him. As soon as it is found, immediately go to court. But keep in mind that if more than 3 months have passed since the incident, it will be impossible to receive compensation.
