Is a parking accident an accident or not in 2021 - an insured event

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Parking lots (especially near large shopping or office centers) are always crowded with cars. This contributes to a large number of minor accidents. According to paragraph 1.2 of the traffic rules, such incidents fall under the concept of road accidents. Therefore, in the event of a traffic accident in a parking lot, it is necessary to act according to general principles. Next, we will consider the main nuances of registration and tell you whether it is possible to do without the participation of traffic police officers. There are often situations when the culprit of an accident in a parking lot flees the scene. Therefore, we will also provide a detailed algorithm for actions in such a situation.

What to do if you have an accident in a parking lot?

You can call the traffic police from a landline phone at number 02 , from a mobile phone at two numbers 112 (this is the Ministry of Emergency Situations, after hearing the problem, they will switch you to the necessary department) or 102 (police, here you will be switched to the traffic police officer on duty).
If you get into an accident in a parking lot, you must adhere to the following algorithm of actions:

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

• Stop completely and put the vehicle on the handbrake.
• Activate emergency mode (using the button located on the vehicle’s instrument panel).
• Place an emergency sign 15 meters from the scene of the incident. This is required by traffic regulations. If you ignore this requirement, you will be fined 1000 rubles (according to Article 12.27 of the Administrative Code), regardless of whether you are the culprit of the accident in the parking lot or not.

Attention
It is prohibited to somehow correct the location of cars and other details of the incident. Everything must remain in its place until the traffic inspectors arrive or until an accident diagram is drawn up according to the European protocol. If, as a result of the accident, damage was caused only to property, and the cars involved in an accident in the parking lot interfere with the movement of other cars, by calling the traffic police and consulting with the officer on duty, you need to remove the vehicle from the roadway after the necessary facts are recorded in photos and videos (in compliance with traffic regulations clause 2.6.1). In case of failure to comply with this requirement, the participants in the accident face a fine of 1,000 rubles.

• If people were injured as a result of the collision, you must immediately call an ambulance. If necessary, first aid should be provided (but only if the appropriate skills are present).
• If the estimated amount of damage exceeds 100 thousand rubles (in the absence of disagreements and registration of the Europrotocol using the mobile application "DTP.Europrotocol", the maximum amount increases to 400 thousand in accordance with Federal Law No. 40, Article 11.1.), or there are victims, they are called to the scene of the accident traffic police officers and those involved in the accident follow their instructions. Otherwise, if the participants in the accident managed to come to an agreement, you can do without them and draw up a report yourself.

Let's consider further actions, without the participation of traffic police inspectors:

1. Take photos and videos of the accident scene. There are no special requirements for the quality of images, so photos taken on any smartphone are suitable. The main thing is that the images include vehicle registration numbers (they should be clearly visible), a general panorama of the scene of the incident and the damage.
2. After that, a diagram of the parking accident is drawn up. Both participants must agree on it and sign on it. We will talk about this aspect in more detail in a separate paragraph. If you cannot reach an agreement, it is better to call the traffic police.
3. If possible, find witnesses to the accident. They will help in further proceedings. To testify, take their contact information so that they can be present in court if necessary.
4. All information received is entered into the Europrotocol (we will tell you in more detail about filling it out in a separate paragraph).
5. According to clause 2.6 of the Traffic Regulations of the Russian Federation, drivers are required to clear the roadway if the consequences of an accident make it impossible for vehicles to move. You should vacate the site of an accident in the parking lot only with the permission of the traffic police officer on duty. For ignoring this requirement, a fine of 1000 rubles is provided. In some situations (for example, if it is not possible to photograph the scene of the accident), it is better to receive this fine in order to preserve the details of the accident and not become the culprit.

IMPORTANT
Remember that you will only be able to receive compensation from the insurance company if you follow all the recommendations described above.

How to file an accident in a parking lot

Call the traffic police. The inspector is obliged to go out and interview the participants, record the diagram of the accident, photograph the cars, interview witnesses and attach the collected data to the protocol. This document will help the victim receive insurance payment.

Draw up a European protocol. The law allows drivers to draw up a European protocol if they have MTPL policies. There is no need to call a traffic police inspector to prepare documents for insurance payments. There are nuances when filling out the European protocol - read the article with the new rules.

If the accident is not reported, the injured party will not receive compensation for damages.

Anna Oleneva, Insurance Company "Energogarant"

To classify a collision in a parking lot as an insured event, two conditions are necessary:

• • both drivers were driving at the time of the collision;
• • either independently or with the help of an inspector, fill out a protocol.

Only then will the injured party receive compensation for damages. Thus, registering an accident in a parking lot is the same procedure as on a regular road.

When is it necessary to call the traffic police?

Above, we looked at an approximate algorithm of actions when compiling an accident without the participation of traffic inspectors. Most parking accidents occur this way. However, there may be cases when it is impossible to do without calling traffic inspectors. These include the following situations:

• More than 2 participants in the incident. This is due to the fact that such situations require careful investigation. Example: two drivers, while parking, crashed into each other and hit a neighboring car.
• A parking lot accident results in injuries. This applies not only to vehicle occupants, but also to pedestrians and cyclists.
• One of the participants in the accident in the parking lot does not have (or has expired) a compulsory motor liability insurance policy.
• The participants in the incident were unable to reach an agreement among themselves. A typical situation is when drivers shift the blame or cannot agree on the amount of compensation.
• The amount of damage is more than 100 thousand rubles (in the absence of disagreements and registration of the Europrotocol using the mobile application "DTP.Europrotocol", the maximum amount increases to 400 thousand).

Additional information
The latest innovations regarding calling traffic police officers to the scene of an accident are prescribed in Order No. 664 of the Ministry of Internal Affairs.

Is an accident in a parking lot an insured event under MTPL?

Compulsory insurance has been in effect in Russia for more than a decade, but car owners still often have questions regarding whether the road incidents that happened to them are an insured event or not, and whether the insurer will compensate for the damage received. One of these frequently asked questions involves a parking lot accident.

To answer this, it is necessary to refer to the current legislative norms. According to Article 1 of Law No. 40-FZ “On Compulsory Motor Liability Insurance”, the liability of a car owner can be recognized as an insured event if he caused damage to the property of the victims, their health or life while using his car.

The law understands the use of a car as its operation on roads and in adjacent areas.

According to paragraph 1.2 of Article 1 of the Traffic Regulations, the status of territories adjacent to roadways has:

• local courtyards;
• residential areas;
• designated parking areas;
• gas stations;
• enterprises;
• other areas that should not be used for through traffic.

Based on this, a collision between two cars that occurred in a parking lot should be classified as an insured event.

This means that if a car left in the yard or in an underground garage was damaged by a moving vehicle, the insurer will have to compensate the injured party for the damage received from an accident in the parking lot under the MTPL policy.

Important Features

It should be remembered that an accident refers only to the interaction of two or more vehicles. If an icicle falls on the roof of a car parked in one of the designated parking spaces in the yard, or a resident passing by leaves a scratch on it, and also if the car owner himself damages his car by hitting a pole or running over a curb during an unsuccessful maneuver, the compulsory civil insurance policy there will be no liability. Accordingly, there is no hope for compensation for the damage received. In such a situation, only the holder of a voluntary CASCO policy can count on compensation for damage.

As practice shows, when considering an accident that occurs in a parking lot, insurers require the following conditions to be met in order to recognize it as an insured event:

• the damage to the car was caused not by its owner, but by another vehicle;
• only cars are involved in the incident, since damage to a car by a pedestrian is not considered an accident;
• the culprit of the incident must have a compulsory motor liability insurance policy;
• the injured party, using video footage or witness testimony, can prove that the damage was caused by another motorist and not a passerby.

How is the Europrotocol drawn up?

Let us note the basic rules for drawing up a Euro protocol in the event of an accident in a parking lot:

• The photographs must show all aspects of the incident (vehicle, consequences, etc.).
• You can only write on the European protocol form with a regular ballpoint pen. Pencils, felt-tip pens and other office supplies cannot be used.
• The document must be filled out in 2 copies - for each of the participants in the accident in the parking lot.
• The note must indicate the model of the device on which the pictures were taken.
• Both copies must contain the same information.

The European Protocol is a two-sided form with many points. In each of them it is necessary to indicate reliable information, otherwise the document will have no legal value. Let's consider each of the points:

1. The scene of the accident. The full name of the locality, street, house, etc. is indicated.
2. Date of the accident. The collision time in the parking area is set here.
3. Number of vehicles. The number 2 is indicated, because if there are more participants in the accident, then it is impossible to do without the participation of traffic inspectors and drawing up a Europrotocol is unacceptable.
4. Number of wounded. We put a dash.
5. Medical examination. We set: “not required.”
6. Damage caused to other vehicles. Dash.
7. Witnesses. This section contains their full names and contacts.
8. Registration by traffic inspectors. We put "no".
9. Information about vehicles and their owners. Here you need to enter complete data, including information from the STS.
10. Insurer. The full name of the insurance company is written down (for both participants in the accident). This section also contains information from MTPL policies.
11. Collision site. Indicated by an arrow or cross.
12. List of damages. Here is a complete list of spare parts that were damaged as a result of the accident.
13. Road accident diagram. Compiled in free form. It must contain road markings, vehicles, etc. An example is presented below.

    

14. Signatures. It is also necessary to indicate the decryption (last name and initials).
15. TS. Cars are assigned corresponding letters (“A” and “B”).
16. Circumstances of the incident. The essence of an accident in a parking lot is briefly outlined (example: car “A”, making a U-turn, hit car “B”).
17. Who was driving? The full names of the drivers are entered here.
18. Whether vehicles are able to move.
19. Note. Information about the availability of photos and videos is indicated.

for registration of an accident in a parking lot.

Examples of road accidents and identification of the culprit

Since a parking accident falls under the definition of a traffic accident, the culprits are determined according to the general principles of traffic rules. Let's look at a few examples:

• The driver of car “A”, when opening the door, hit a parked car “B”, which was parked in the parking lot of a shopping center. Such a case does not fall under the concept of an accident, so the culprit will pay compensation in accordance with Art. 15 of the Civil Code of the Russian Federation (since such a violation implies payment of losses).
• The driver, reversing out of a parking space, hit a pedestrian. In this case, the driver will be found to be at fault. The size and nature of the sanctions will depend on the circumstances of the incident (severity of injuries, speed of movement, driver’s intoxication, etc.).

Accident when driving in reverse

The most common cause of accidents in parking zones is incorrect maneuvering when moving the car in reverse.

When doing this, pay attention to the following:

• Is your car an obstacle for other cars and does it pose a threat to drivers or pedestrians?
• Are there people nearby helping you or the driver of a neighboring car move in poor visibility conditions?
• Are you violating the rule prohibiting driving back into the pedestrian crossing area?

Usually the driver who was driving in reverse is considered to be at fault for the accident. It was he who was obliged to first ensure that his maneuver was safe and that there was no risk of interfering with other transport.

What actions to take if the culprit of the accident escaped?

There are often cases when drivers, having become the culprit of an accident in a parking lot, simply leave the scene of the accident, hoping to avoid punishment. We will not delve into the moral aspect of such an action, but will tell you how to act in this situation. First of all, make sure that the car really disappeared from the parking lot. Some drivers (especially inexperienced ones) panic when they collide with another car and may simply drive away to calm down. After making sure that the culprit has disappeared from the parking area and is not going to return, do the following:

• Mark the accident site with an emergency sign 15 meters in front of your vehicle.
• Activate emergency mode.
• Take photos and videos of the scene of the incident. It would be ideal if you can capture the registration numbers of the culprit’s car.
• If possible, find witnesses to the accident that occurred in the parking lot. In this case, you cannot adjust the position of your car. It is also advisable to take DVR recordings from drivers of neighboring cars.
• And the last action is to call the traffic police by calling 02 (020, 112 from a mobile phone). They will conduct a preliminary investigation on the spot.

Most parking lots have a large number of video cameras. Therefore, there is a high probability that the accident was captured and it will be possible to find the culprit of the incident.

For your information

A driver who leaves the scene of an accident in a parking lot will be held administratively liable under Article 12.27 of the Code of Administrative Offenses of the Russian Federation. According to this legislation, he will be sentenced to deprivation of his license for 12-18 months, or to arrest for 15 days and seizure of the vehicle. Compensation for damage caused will be awarded in accordance with the general procedure.

How to file a minor accident in a parking lot

If the drivers can agree, there will be no need to formalize anything. For example, one driver scratched someone else's car with his bumper. The victim does not want to fill out documents, go to the insurance company and spoil the insurance statistics of the culprit. Then the conflict can be resolved on the spot.

Assess the damage. In this case, the participants assess the damage and the culprit gives the money to the victim on the spot. The law does not prohibit doing this.

Pay or take money from the culprit. If possible, pay through a banking app rather than cash. This will be an additional confirmation of payment.

Take the receipt. If you are the culprit and decide to pay on the spot, do not forget to take a receipt from the victim.

One copy for the victim, the other for the culprit. sample receipt

What to do if you hit a door in a parking lot. If a driver, getting out of the car, scratches someone else's car with a door, this is not an accident. Paragraph 1 of the traffic rules states that in case of an accident at least one vehicle must be in motion. This means that it will not be possible to register the incident as an accident. In this case, the drivers agree among themselves. For example, the culprit can pay on the spot and write a receipt.

Does compulsory motor liability insurance apply in case of an accident in a parking lot?

In this case, everything will depend on the type and cause of the collision, as well as on identifying the culprit of the incident. These aspects will influence the amount of damage. So, for example, being hit by a door is not considered an accident (according to Federal Law No. 40 of April 25, 2002).

An incident in a parking lot may be called an accident if it has the following characteristic features:

• The incident involves two or more participants (vehicles, pedestrians or cyclists).
• At least one of the participants in the incident suffered damage (material or physical).
• Only one participant encountered a static object.

Thus, no matter where the incident occurred, it in any case falls under the concept of an accident. From this it follows that in case of an accident in a parking lot, compulsory motor liability insurance applies. The parking lot is considered adjacent territory.

What to do in case of an accident in a parking lot

The algorithm of action in case of an accident in a parking lot does not depend on the degree of fault of the driver. The Civil Code of the Russian Federation clearly indicates what to do in this situation. In order for a case to be recognized as insured in the future, the following rules must be followed:

1. Stop driving and put the car on the handbrake.
2. Turn on your hazard lights and put up an emergency sign on the road.
3. If the owner of the second car is not in the cab at the time of the accident, check whether the alarm system of the damaged vehicle is working.
4. Make sure there are no other cars affected. In a collision in a parking lot, the vehicle may hit adjacent parked cars.
5. If there are injured people, you must call an ambulance. If the victim's condition is critical, you should take him to the hospital yourself.
6. Assess the damage to all vehicles. Record the position of the cars, those involved in the accident, and the extent of damage using your phone camera.

If the amount of damage caused does not exceed 50 thousand rubles and the culprit is identified, then the participants in the accident can resolve the conflict using the Euro protocol.

In case of serious damage or injury, traffic police officers are required to call 112. Upon their arrival, a protocol is drawn up for further legal proceedings.

If this procedure is not followed, the insurance company has the right to refuse to pay compensation. If the parking lot belongs to a private person, he is brought in as a witness to take evidence from the cameras.

Main causes of incident examples

There are many reasons why a parking lot accident can occur. The most common include:

• high traffic flow and active traffic near the parking lot;
• non-compliance of parking with traffic police standards;
• breakdown in the car system.

The size and design of the parking lot plays a big role in traffic safety. The width of the parking space must be at least 2.3 m.

The distance between cars is calculated so that when the door is open, a person of average build can easily walk into the gap with the neighboring car.

Lack of markings, half-erased or narrow lines (less than 10 cm), inability to maneuver due to narrow space make the parking owner guilty of an accident. In such a situation, the case is not considered insured under MTPL.

Traffic accident while driving in reverse

This type of accident most often occurs in the parking lot due to the peculiarity of the exit. Park Assist partially helps drivers avoid direct collisions by displaying road information on the monitor screen or sounding an audible warning.

However, such a program is not protected from failures. The rearview mirror is useless in poor light and bad weather conditions. If the driver drove into someone else's car due to such factors, then the incident is considered insured.

Hitting the door in the parking lot accident

According to Article 12.7 of the Traffic Rules, the driver and passenger of the car do not have the right to get out of the vehicle, provided that this will interfere with the main traffic. If the car owner hits a passing car with his door, the incident is regarded as an accident.

It happens that a driver can accidentally scratch a nearby car with a door. In this situation, it is necessary to determine the position of the cars in relation to the parking markings.

With barrier

Modern paid parking lots are often equipped with a barrier system. Drivers pay for services themselves through the terminal, which saves time.

Hitting a barrier can cause an insurance claim under compulsory motor liability insurance if the culprit is the driver. The insurance company undertakes to pay compensation to the owner of the parking lot. In case of damage to the car due to a malfunction of the mechanisms, the victim can count on payments under CASCO.

How to draw up a European protocol in case of an accident in a parking lot

If the culprit of the incident was identified on the spot and the damage is estimated at less than 50 thousand rubles, the participants in the accident can draw up a European standard protocol. List of conditions for drawing up the document:

• there are no injured persons;
• 2 drivers were involved in the accident;
• there are no controversial issues regarding the admission of guilt;
• both car owners have valid MTPL agreements.

The protocol form can be obtained from the insurance company along with the policy. Rules for document execution:

• cars must remain at the scene of the accident while filling out the paperwork;
• the document is drawn up with a blue ballpoint pen;
• The protocol is filled out by all participants in the incident.

The form itself contains information about what happened. All data must be confirmed:

1. The exact address, date and time of the accident are indicated.
2. Number of vehicles involved in the accident.
3. In the wounded column and paragraph 15 Comments, put a dash through, paragraph 4 is left blank.
4. Section 5, 6 and 8 – circle the negative.
5. Point 7 is completed if the incident has witnesses.
6. Enter all registration data in steps 9 to 12.
7. In paragraph 13, indicate the location of the impact; in paragraph 14, describe the nature of the damage.
8. Check the boxes that apply to Section 16.
9. The seventeenth point is intended for the accident scheme.

The European protocol must be submitted to the Investigative Committee no later than two weeks after the accident. Along with the form, the insurer is given photographs from the scene of the accident as evidence of the entered data.

Is CASCO valid?

In the case of CASCO, the same principles apply as with OSAGO. A voluntary car insurance policy cannot protect the driver from all risks (contrary to the promises of many insurance agents who are trying to sell the policy faster).

The vehicle will be insured only against those risks that are specified in the CASCO agreement. The most frequently indicated are the following:

• Road accident.
• Fire.
• Arson.
  Please note : Fire and arson are two different things. A fire is a situation where, for example, a garage in which a car was parked caught fire. Arson is when a vehicle is deliberately set on fire (usually such situations do not occur without police intervention).
• Hijacking.
• Damage due to natural disasters or falling foreign objects.
• Damage from the actions of third parties.

Thus, if the incident in the parking lot does not fall under the concept of an accident, then compensation under CASCO will be paid only if the corresponding clause is specified in the contract.

Accident in a parking lot with a barrier

The presence of a barrier in the parking lot requires payment of a fixed fee for parking. Only after this will it open and the vehicle will be able to pass. Accidents with a barrier occur if the driver:

• Refuses to pay for parking and deliberately violated parking rules.
• I lost control of the vehicle and accidentally hit an obstacle.
• I got distracted (for example, when paying for parking using the terminal) and hit the barrier.

If an accident with a barrier occurred without malicious intent (due to inattention) and nothing was damaged except the barrier, then administrative measures will not be taken against the driver. He will only have to compensate for the damage caused (repair or replacement of the barrier). Otherwise (i.e. if the damage to property was deliberate), the driver will face administrative punishment (the size and nature of the sanctions will depend on the scale of the consequences).

Accident in a parking lot: who is to blame, is such an incident considered an accident?

The very concept of an accident is interpreted as follows: it is a collision of a car with another vehicle or a collision of a vehicle with any permanently installed object.

An accident can occur not only on the road itself, but also in a parking lot or any other road infrastructure facility. This interpretation is generally accepted in all areas: jurisprudence, emergency assessment, insurance.

At the same time, it is important to understand that such a small-scale event, such as a slight blow to the side of a nearby car by a door, cannot be considered an accident. When classifying an accident, the force of the impact, the amount of damage and other factors are taken into account.

In these cases, one should be guided by the provisions of the Civil Code of the Russian Federation, without taking into account the law “On Compulsory Motor Liability Insurance”, which considers more serious cases as insurance.

Reverse parking accident

As practice shows, parking accidents in most cases are associated with neglect of traffic rules while reversing. The causes of such road accidents are the following:

• When reversing, the driver did not make sure that there was an obstacle for other road users.
• There was action by third parties (pedestrians, cyclists, other drivers, etc.).
• The driver ignored the prohibition on reversing in a pedestrian zone.

Please note:
Each situation is individual, but in most cases the driver who was driving in reverse is found to be at fault for an accident in a parking lot. He must make sure that he does not interfere with other road users. There is no additional penalty for such a violation.

Causes of accidents in parking lots

The law considers as an accident any road incident that results in material damage to a car or other property, harm to the health and life of citizens. Based on this definition, a parking accident may be associated with the following circumstances:

• accidental collision with a pedestrian when driving forward or in reverse;
• hitting parked cars resulting in physical contact causing damage;
• spontaneous movement of a parked car - due to a technical malfunction, improper fixation with the hand brake, or other reasons.

Parking means not only specially designated areas marked with appropriate markings and road signs. If a citizen stops the car on the side of the road or on another permitted place on the roadway, such cases can also be considered parking.

An accident in a parking lot can be recognized as an insured event for subsequent compensation under the MTPL or CASCO programs, or for filing a claim against the direct culprit. However, identifying those responsible can pose a serious problem:

• if the driver who caused the collision or collision immediately fled the scene;
• if minor contact with another vehicle was not noticed by the driver;
• if the damage was caused while the driver was not driving.

In these, as well as other similar cases, it is necessary to correctly draw up documents based on the results of the accident and determine the person at fault. You can read about what to do if you didn’t notice the accident and drove away in our previous material.

Find out more Transfer of control to a person without rights: fine and protection

The rules for processing documents after an accident fully apply to incidents in parking lots. Therefore, one or more participants in an accident need to decide whether it is possible to issue a notification without the participation of a traffic police representative.

What penalties may be applied?

The amount of the fine that can be issued depends on the type and nature of the incident in the parking area. As we noted earlier, the lion's share of parking accidents is related to non-compliance with traffic rules (especially when reversing). Therefore, when establishing the amount of the fine, the fact of whether traffic rules were violated is taken into account.

Additional Information

If the culprit, while performing a maneuver, violated traffic rules, he will be brought to administrative responsibility under article Violation of the rules of maneuvering 12.14 of the Code of Administrative Offenses of the Russian Federation. For such a violation, a fine of 500 rubles is provided. If one of the drivers does not have (or has expired) an MTPL policy, he will face a fine of 800 rubles (regardless of whether he is the culprit or not).

Fine for an accident in a parking lot

Each fact of violation of traffic rules during an accident in a parking lot will be recorded by a traffic police officer in the protocol. The list of penalties depends on the nature of the violations. Let us highlight the most common offenses for which the driver will have to answer according to the norms of the Code of Administrative Offenses of the Russian Federation:

• the vehicle has a malfunction resulting in spontaneous movement;
• identification of the fact of alcohol intoxication of the culprit or other participant in the accident;
• violation of maneuvering rules (for example, an accident in a parking lot while reversing);
• violation of the rules of stopping or parking vehicles.

In case of violation of the rules of parking and stopping, Art. 12.19 Code of Administrative Offenses of the Russian Federation. In this case, the fine for an accident in a parking lot can range from 500 to 5000 rubles. If the driver was drunk, he will be fined under Art. 12.8 of the Code of Administrative Offenses of the Russian Federation, as well as deprivation of rights for a period of 1.5 to 2 years.

What punishment is faced if the culprit fled before the traffic police officer arrived and completed the paperwork? A fine for such an accident in a parking lot and unlawful behavior of the driver will be imposed in several directions at once:

• according to Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, deprivation of rights is imposed for the very fact of leaving the scene of an accident, even if the driver is not to blame for the collision;
• for other traffic violations, sanctions will follow under other articles of the Special Part of the Code of Administrative Offenses of the Russian Federation (for example, for violation of maneuvering rules);
• If the accident killed people or caused serious bodily injury, Article 264 of the Criminal Code of the Russian Federation applies.

Find out more Refusal of the insurance company to pay under MTPL

If the penalties under an article of the Code of Administrative Offenses of the Russian Federation include deprivation of rights or arrest, the case will be considered by the court. For other violations, protocols can be examined by traffic police officials.

Hitting a door in a parking lot

If a driver hits a neighboring car with a door, then this situation falls under Article 15 of the Civil Code of the Russian Federation. It obliges the culprit to fully compensate for the damage caused. In most cases, such incidents do not cause difficulties and drivers manage to come to an agreement on their own, since identifying the culprit is not required.

If you struck a door, and you managed to come to an agreement with the driver of the damaged car, then before paying compensation, take a receipt from the second participant in the incident in which he will confirm that he no longer has any claims against you. Otherwise, after receiving the money, he can go to court for repeated compensation for the damage caused.

If it was not possible to reach an agreement “on the spot,” it is necessary to call the police or a local police officer. They, guided by generally accepted regulations, will identify the culprit and render a verdict. In this case, you must adhere to the algorithm described above.

An accident in a parking lot, the culprit fled, what should I do?

Someone, driving through the yard where the car was parked, caught it, but fled the scene of the accident. In this case, the victim has the right to contact the traffic police with a statement about the incident. The car responsible for the accident will be put on the wanted list. And there will probably be witnesses, or even better, video cameras or video recorders that recorded the accident. The injured car owner also has the right to contact the insurance company, and it will pay him insurance compensation, because this case is an insurance case. Then the policyholder will claim this money from the driver who caused the accident.

Trying to escape from the scene of an accident is not the best way out of the situation, because sooner or later the offender will be discovered, and he will be punished in the form of deprivation of his driver's license, a fine, or imprisonment for 15 days.

Thus, civil auto liability applies if more than two cars are involved in a traffic accident. Material damage is paid to the injured party from the insurance of the driver at fault for the accident. Therefore, it is the injured party who should be interested in finding the culprit.

Nuances

Different types and locations of accidents have distinctive features and characteristics. Let us note the key nuances of an accident in a parking lot that you need to know:

• If the accident occurred in a paid parking lot, then most likely there are video cameras there. Therefore, you can ask the administration to provide you with a recording of the accident. However, you may be refused, since paid parking employees are not required to provide such content without an appropriate resolution.
• If the accident resulted in death (for example, as a result of hitting a pedestrian), the driver will be sentenced to criminal liability under Article 264 of the Criminal Code of the Russian Federation.
• If the cause of the accident was external factors (for example, ice or poor quality of the road surface), they must be indicated in the note. In some cases, responsibility (i.e. payment of compensation) can be transferred to the parking management.
• If an accident occurred due to failure of one of the drivers to comply with parking and stopping rules, he will face a fine of 500-5000 rubles (according to Article 12.2 of the Administrative Code).

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What if the culprit got away?

If the driver left the scene of the accident without permission, leaving behind victims and causing damage to vehicles, then this is considered a gross violation of the rules. The second driver has the right to submit an application to the DTS.

Photos from the scene of the incident must be provided as evidence. The victim follows the established procedure. In this case, you can count on insurance payments after the culprit is caught.

What is the punishment?

The driver who fled the scene of the accident violates Article 12.27 of the Code of Administrative Violations of the Russian Federation. In this case, the punishment is prescribed by the court - deprivation of rights or a fine.

If the departure was forced or caused minor damage, the traffic police officer may issue a fine or be limited to a warning.

Extenuating circumstances include continuing to move due to the possible risk of harm to passers-by or other vehicles. In this case, no penalties are imposed.

Amounts of fines

Penalties if the driver continued driving after the accident depend on the distance to which the car owner moved away from the scene of the accident. Punishment in this situation will affect both the culprit and the victim of the accident.