What to do if you dented your car in the yard and disappeared

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There are often cases when drivers hit other cars when parking or driving in the yard. Such an incident is considered an accident (according to paragraph 1.2 of the traffic rules). Some drivers decide in such situations to simply leave the scene of the accident, wanting to avoid consequences. Punishment is provided for such actions, as this is considered unauthorized leaving the scene of an accident. Next, we will consider in detail how to act in the event of an accident in the yard, and whether it is possible to do without calling the traffic police.

Instructions for action in case of an accident in the yard

If you are involved in an accident in the yard, you must follow the following algorithm:

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.

1. Stop and put the car in neutral (or handbrake).
2. Turn on emergency mode and, according to traffic regulations, install an emergency sign 15 meters from the accident. If you do not do this, regardless of who is guilty of what happened, you will be fined 1000 rubles.
3. Under no circumstances should you change the position of vehicles or other parts of an accident (for example, fallen off car parts). Everything should remain in its place until traffic police officers (or emergency commissioners) take photographs of the scene of the incident, the results of which will subsequently be attached to the case file.
4. If there are victims in an accident in the yard, you must immediately call an ambulance.
5. Next, traffic inspectors are called. This may not be done if the amount of damage is no more than 50 thousand rubles and it was possible to reach an agreement with the second participant in the accident.
6. If possible, take your own photographs and videos of the scene of the incident. The photographs must show the registration numbers of both participants in the accident in the yard, a panorama of the place and all existing damage.
7. Next, an accident diagram is drawn up. It must be agreed upon by both parties to the accident (signatures of each are required).
8. If possible, find witnesses to the accident. If they refuse to wait with you for the arrival of traffic inspectors, you can take their phone numbers in order to later invite them to court to testify.
9. The final stage of registering an accident in the yard: contacting traffic police officers at the regional traffic police telephone number or 02 (112; 020) . If the damage is minor and the drivers managed to reach an agreement among themselves, a Euro protocol can be issued. Otherwise, or if there are victims, traffic police officers are called to the scene of the accident.

IMPORTANT
Never leave the scene of the incident in the yard. Regardless of whether you are the culprit or not, there is a severe penalty for such an action (deprivation of rights or arrest, depending on the severity of the consequences).

In what situations is it necessary to call the traffic police?

Let's consider cases in which calling traffic police inspectors is mandatory, regardless of whether the participants in the accident in the yard agreed or not:

• There are 3 or more participants in the accident. In such cases, a detailed investigation is usually required, so the active participation of law enforcement officers is mandatory.
• As a result of a traffic accident in the yard, damage to human health was caused. This applies not only to drivers and passengers, but also to passing pedestrians or cyclists.
• At least one of the drivers does not have a compulsory motor liability insurance policy. Therefore, when registering an accident without calling the traffic police, be sure to make sure that the second participant has it and is not expired.
• The total amount of damage exceeds 50 thousand rubles. For drivers from Moscow (or Moscow Region) and St. Petersburg (and Leningrad Region), this threshold has been increased to 400,000 rubles.
• Disagreements have arisen between the participants in the accident, and it is not possible to “mutually” determine the culprit. If each driver shifts the blame for the accident onto the other, the intervention of traffic police officers is necessary. After studying the case materials, they will independently determine the culprit.

Attention
If at least one of the above factors of an accident in the yard occurs, calling the patrol service is mandatory.

What to do if the culprit escaped?

Leaving the scene of an accident is a serious offense under the current legislation in our state. This point is regulated by traffic rules.

Based on the relevant article, the following penalties are provided for leaving the scene of a traffic accident:

• confiscation of a driver's license for up to one and a half years;
• administrative arrest for up to 15 days.

If the offender, who provoked an emergency in the yard, disappeared, then it is necessary to record as much data as possible about his vehicle (license plate, vehicle color, distinctive features, etc.).

All further actions are carried out in accordance with the current rules of the legal regulations (fencing the accident site with appropriate emergency signs, calling the traffic police, ambulance, police, etc.).

As soon as State Traffic Inspectorate employees appear at the scene of the accident, you need to inform them of what happened, transfer the details of the “fugitive” (if any) and draw up all the necessary documents and diagrams. Here you can question witnesses, which will help you defend your point of view when determining who is at fault for the road accident.

Leaving the scene of the accident does not mean that the fugitive is automatically recognized as the culprit of the accident. His involvement in the commission of an offense must be proven in accordance with the regulations of the current legislation. However, he is not exempt from punishment for leaving the scene of an accident.

Registration of an accident in the yard

As a rule, when a traffic accident occurs in a yard or parking lot, the amount of damage caused is not very large. Therefore, the most optimal option for resolving the situation is to draw up a Europrotocol. But at the same time, each participant in the incident must remember that he will be able to receive an insurance payment of no more than 50 thousand rubles.

The algorithm for registering an accident in the yard is as follows:

1. We turn on the emergency lights and display the appropriate sign.
2. We carry out a preliminary assessment of the amount of damage caused.
3. We are collecting contacts of all eyewitnesses.
4. We draw up a diagram of the accident.
5. We record the scene of the accident and the damage to the car using a photo or video camera.
6. We fill out the Europrotocol (if you do not know how this is done, then instructions should be included with the protocol).
7. We contact the insurance company to receive compensation.

If the insurer refuses to pay you, then you need to inquire about the reason for this decision. Without receiving an intelligible answer, you have every right to complain about the unlawful actions of the insurance organization.

There are a lot of regulatory bodies for this:

• Russian Union of Motor Insurers;
• Federal Antimonopoly Service;
• prosecutor's office;
• Central Bank of the Russian Federation;
• Federal Service for Financial Markets;
• and, in the end, a trial.

We hope these tips will help you achieve justice if you are involved in an accident in your yard. Good luck!

Features of registration according to the Europrotocol

In most cases, accidents in the yard are characterized by minor damage and no injuries, due to the low speed of vehicles. In such situations, you can save a lot of time and do without calling the traffic police. For such cases, the Europrotocol is provided.

If an accident in the yard is registered according to the Europrotocol, then the maximum amount of compensation is 100 thousand rubles (in the absence of disagreements and registration of the Europrotocol using the mobile application “Accident.Europrotocol”, the maximum amount increases to 400 thousand). Preliminary actions when registering an accident using this method are identical to the algorithms described above: make sure that there are no casualties, negotiate with the second driver and take pictures of the scene of the accident.

Having convinced yourself that registration is possible without the participation of traffic police officers, you need to proceed to filling out the Europrotocol. The document consists of two sides - front and back. Let's consider each point in detail. Front side:

1. The scene of the accident. It is necessary to indicate in detail the locality in which the incident occurred (region, district, etc.), street and house. ъ
2. Date of the accident. The exact time of collision in the yard (not filling) is indicated.
3. Number of vehicles. The number 2 is entered here (there cannot be a different number of cars, since if there are 3 or more vehicles, registration according to the Europrotocol is no longer possible).
4. Number of wounded. We don’t indicate anything here, we leave dashes.
5. Medical examination. We put "no".
6. Damage caused by another vehicle. We also put a dash.
7. Witnesses. Their full name and contact details are indicated here.
8. Registration by traffic inspectors. We put "no".
9. Information about vehicles and their owners. The full names of the drivers and data from the STS are indicated here.
10. Insurer. This paragraph indicates the insurance companies of each of the participants in the accident. Below are data from MTPL policies.
11. Collision site. It is indicated by an arrow in the diagram.
12. List of damages. A list of vehicle parts that were damaged is provided. It is also necessary to characterize the nature of the damage (scratches, dents, etc.).
13. Road accident diagram. An example of a map of an accident.

    

14. Signatures of the parties.

Now let's look at the nuances of filling out the back side of the document:

1. TS. here the cars are assigned the letter A and B.
2. Circumstances of the accident. This section briefly describes the nature of the incident, indicating the date and location.
3. The vehicle was under control. It is indicated who exactly was driving each of the cars (owner or not).
4. In paragraphs 4-5 there is a dash.
5. Can vehicles move?
6. Note. Information about the availability of photo or video materials is usually recorded in this section.

For your information,
the completed European Protocol in case of an accident in the yard must be sent to the insurance company within 5 days. In some cases, the insurer may require you to provide a vehicle for the purpose of inspection.

How is the culprit of an incident determined?

Yard accidents are often characterized by difficulty in identifying the culprit. In such situations, it is necessary to follow the traffic rules for the surrounding area.

• When leaving the adjacent territory, the driver is obliged to give way to all traffic participants (including pedestrians).
• Pass-through through the yard is prohibited.
• You can move in the residential sector at a speed of no more than 20 km/h.
• Pedestrians moving along the roadway in the yard have priority over cars.

Attention
Pedestrians are not allowed to interfere with vehicles.

• Driving instruction is prohibited in the surrounding area.

Otherwise, movement in the yard is regulated by general principles (yielding according to the principle of “obstruction on the right”, speeding is prohibited, etc.). Based on the rules presented above, let's look at a few examples of accidents in the yard:

1. Car “A” drove into the yard, car “B” left it. Both drivers decided not to give way, which led to the collision. The driver of car “B” is to blame, since when leaving the adjacent territory, he was obliged to give way to everyone.
2. Car "A" was moving at a speed of 35 km/h, car "B" was moving at a speed of 15 km/h. They collided due to lack of space. Regardless of the location of the vehicles, the culprit will be the driver of car “A”, since he was speeding.
3. The driver of the vehicle, leaving the yard parking lot, hit a cyclist. The driver is to blame, since pedestrians and cyclists have priority in courtyards.

The culprit disappeared - what to do?

What is worse than committing an accident in the yard is leaving the scene of the accident by the culprit, especially if there are victims. Let us omit the moral aspects of such a development of events and analyze what to do in such a situation. The main thing is to remain calm. After making sure that the culprit has really disappeared (some drivers may drive away from the scene of the accident in panic), you must proceed as follows:

1. Limit the location of the accident with a special sign (15 meters before the car).
2. Activate the emergency lights on your car.
3. If possible, take a photo of the culprit's car - the main thing is to capture his license plates. This will help you find it faster in the future to compensate for the damage caused.
4. Do not change the position of the car under any circumstances. If possible, photograph the scene of the accident and draw a diagram of the accident.
5. If possible, find eyewitnesses to the accident. Ideally, if you can take DVR recordings from cars passing by.
6. After this, you can call traffic inspectors, who will conduct an investigation on the spot to identify the culprit of the accident.

IMPORTANT
A driver who fled the scene of an accident in the yard, regardless of the circumstances of the case, will be held administratively liable. According to Article 12.27 of the Code of Administrative Offenses of the Russian Federation, he is promised deprivation of rights for a period of 12 to 18 months, or arrest for 15 days. Also, regardless of the type of punishment, the vehicle of the driver who violated the law will be detained (according to Article 27.13 of the Code of Administrative Offenses of the Russian Federation).

When you can not call traffic police officers and leave the scene of an accident

The traffic rules, as amended on September 6, 2014, include clause 2.6.1 with a complete list of situations when drivers may not call the police to register an incident and have the right to leave the scene of the accident.
Let us remind you that before these changes were made, a motorist who fled the scene of a car accident committed an administrative offense.

According to Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, he could be deprived of his driver’s license for a period of one to one and a half years or subject to administrative arrest for fifteen days.

In 2021, as in 2021, if as a result of a collision damage was caused only to property and there are no disagreements between motorists, then they are not required to report it to the police and can leave the scene of the accident:

• to register the incident at the nearest traffic police post or police unit;
• when drawing up a European protocol;
• not filing car accident paperwork if only their property was damaged and they don’t feel the need to file paperwork.

In the case where damage was caused only to property, but drivers have disagreements regarding the assessment of damage, it is necessary to contact the police to receive instructions where to register the accident: either at the nearest traffic police post or at a police department.

Thus, in 2021, participants in an incident that occurred in a courtyard may not call the police to formalize it if only property is damaged and there are no disagreements.

Compensation for damage in an accident in the yard under compulsory motor liability insurance

If the driver has an MTPL policy, he can receive compensation if the following conditions are met:

• The accident occurred in the area adjacent to the road.
• There are only two participants in the accident.
• The culprit of the accident has been identified.

There will be no compensation under the MTPL policy if damage to the car was caused:

• According to the intent of the victim.
• As a result of a disaster.
• During military operations.
• As a result of popular unrest.

What to do if your car is damaged in the yard: step-by-step instructions?

If you discover that your car has been damaged in your yard, proceed as follows:

1. record the damage to your car by taking photographs, you can also film your car and the damage on it
2. if the car is damaged by another car, that is, there is an accident, then call the traffic police , if the car was damaged by the actions of third parties, then call the police
3. taking into account the situation, in some cases, you can call a representative of the management company if, for example, a tree fell on a car, snow fell from the roof
4. contact the insurance company to compensate you for the damage. Compensation for damage is possible under a CASCO policy, and in case of an accident, if the culprit has an MTPL policy, then under an MTPL policy
5. after identifying the culprit, causing damage to the car, and the impossibility of obtaining compensation from the insurance company, determine the amount of damage caused and send a written claim to the culprit
6. after the deadline for responding to the claim has expired and in the absence of voluntary compensation for damage on the part of the culprit who caused the harm, file a claim with the culprit in court
7. obtain a court decision and contact the bailiffs to recover damages from the culprit of the damage that was caused to your car

CASCO insurance event

Car owners who have taken out a voluntary CASCO insurance policy receive compensation in any case, regardless of the type of territory where the accident occurred and the number of victims, and even if he is the culprit.

Under CASCO, compensation is issued even in the absence of the culprit, for example, if he fled the scene of an accident in the yard or his identity could not be established. Hence the conclusion: having such a policy can protect you from almost any force majeure.

Is such an incident an accident?

For inexperienced motorists, incomprehensible moments begin at the stage of determining whether an accident in the yard is an accident as such? After all, not every incident involving motor vehicles falls under this definition. To clearly understand whether an accident happened in the yard or not, you need to refer to the set of traffic rules. The traffic rules clearly state what exactly is considered a traffic accident. This is an event that necessarily has the following characteristics:

• it occurred while the vehicle was moving;
• there is material damage, damage or harm to human health, people have died.

Accordingly, we can conclude that the incident will not be considered a traffic accident if a pedestrian or a mother with a stroller crashes into a car parked in the yard. But when the opposite happens, a car hits a person, this is already a full-fledged accident.

But these circumstances are not enough for the collision to be called a traffic accident. Since the traffic rules clearly state that harm is caused: whether to a person, a car, or structures - it no longer matters. Will a collision be considered an accident when turning left into a yard when the cars were left without a single scratch? The rules clearly state that the consequences of an accident must be tangible, then we are talking about an accident.

If the other person involved in the accident is a cyclist

Most road accidents involving cyclists are largely the fault of the car driver. Without going into the details of traffic rules, we can say that in case of an accident in the yard, the truth is almost always on the side of cyclists and pedestrians. This is due to the fact that the yard is considered a pedestrian area.

Let's consider the driver's action algorithm if he realized that he had hit a cyclist in the yard:

1. Provide first aid if possible. This should only be done if you have at least the slightest idea about medical care. Having a first aid kit will be very useful.
2. If necessary, call an ambulance.
3. Assess the damage caused to the cyclist during an accident in the yard. If possible, negotiate with the victim on payment of financial compensation. This is possible if the injuries are not too serious and the cyclist is ready for a settlement. This development of events relieves both participants in the accident from bureaucratic delays and unnecessary waste of time.

Attention:
If you have agreed with the victim of an accident in the yard to pay compensation, be sure to take a receipt from him in which he will confirm that he has no claims against you. Otherwise, after receiving the money, he may go to court, as a result of which you will once again be forced to pay monetary compensation and other sanctions will be applied (deprivation of rights, arrest, etc., depending on the consequences).

Traffic inspectors must be called in the following cases:

• In your opinion, the cyclist is to blame for the accident.
• The injured cyclist did not agree to pay financial compensation “on the spot” or refused to sign a receipt.
• The cyclist exaggerates the damage caused to him and demands payment of compensation that is not objective in size.

If it was not possible to come to an agreement with the second participant in the accident and you had to resort to the help of traffic inspectors, you must act on the same principle as in the case of an accident with a car.

Accident in the yard involving a cyclist

In a car-bicycle accident, the driver is most often at fault. You should know about an important rule: a pedestrian or cyclist is always right in the yard, and the driver is always to blame. The yard is a pedestrian area, which means the cyclist, and especially the child, will be in charge there.

If you happen to collide with a cyclist, then all further developments will depend entirely on you. Of course, we are not talking about tragic incidents with fatalities.

Let's look at cases where you actually realize you hit a cyclist.

1. First of all, provide the victim with first aid, call an ambulance if he needs it.
2. Secondly, assess the damage you caused to your bicycle in the event of an accident in the yard.
3. Thirdly, if necessary, try to agree with the victim on material compensation for the damage caused.

If the cyclist agrees to pay compensation, and you have agreed on its amount, then be sure to ask him for a receipt or a video message confirming that he has no further claims against you for the incident.

The traffic police should be called if:

• in your opinion, the cyclist himself is to blame for the accident;
• the cyclist greatly exaggerates the extent of the damage caused to him;
• the cyclist blames you for damage to the bicycle that was already on it before the accident in the yard of the house.

If you couldn’t come to an agreement and you had to call the traffic police, then proceed in the same way as in the case of a collision with a car.

Please note that traffic police officers will be able to fairly assess the specifics of the incident only if all its details remain in place.

If a cyclist leaves the scene of an accident and threatens the driver with further contact with the traffic police, then these threats will not have any basis, since the victim who fled the scene of the accident can be regarded as the culprit of the collision. Of course, a call to the traffic police from home will be taken into account by the competent authorities.

What punishment can follow for an accident in the yard

There are no special sanctions for an accident that occurs in the yard. Traffic police officers are guided by general rules regarding speeding or other traffic violations. The most severe penalties are for those drivers who leave the scene of the accident. These are the most pressing cases; many drivers drive away from the scene of an accident, hoping to remain unnoticed. For such an act, deprivation of the right to drive a vehicle is provided for for a period of 1-1.5 years. The car may also be confiscated.

As for monetary fines, they are calculated individually, based on the scale of the consequences, the number of victims and the circumstances under which the accident occurred (an aggravating circumstance is driving while intoxicated). The amount of compensation is calculated by the insurance company.

For your information

An additional fine is provided in the absence (or delay) of compulsory motor liability insurance. The fine for an expired (or missing) MTPL policy is 800 rubles.

Nuances

Finally, let’s highlight a few of the most important nuances:

• After receiving payment under the Europrotocol, the victim no longer has the right to make other claims for an accident in the yard.
• Participants in the accident are prohibited from independently repairing their vehicles within 15 days (from the date of the accident).
• If there are pedestrians among the victims, they must be marked on the diagram indicating the direction of movement. This also applies to cyclists.
• Leaving the scene of an accident does not automatically mean admitting guilt.

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