What to do if the culprit of an accident fled the scene
An accident is a fairly common situation that can make every motorist nervous.
Moreover, it can be aggravated by various factors, one of which is the concealment of the guilty party. Of course, this is a very difficult scenario, but still solvable. In this case, it is necessary to gather yourself and remember in as much detail as possible all the circumstances associated with the accident. It is very important to remember the make of the vehicle, its color, probable locations of damage, as well as the license plate number. Ideally, the accident will be recorded on a video recorder.
It is important for the injured party to act in accordance with the legally established traffic rules:
- As soon as a collision occurs, you must turn on the emergency signal.
- Install a sign indicating an emergency stop.
- If necessary, call an ambulance or intensive care unit.
- Call the traffic police inspector or emergency commissioner.
- Try to find and collect information from eyewitnesses. If witnesses need to leave, their contact details should be taken so that authorities can interview them later. Perhaps they will help find the missing car.
In the absence of signs and signals indicating an accident, the employee who responded to the call will be forced to issue a fine in the amount of 1000 rubles established in the Code of Administrative Offenses (Article 12.27).
You should not try to catch up with the fugitive, since if the second participant also disappeared, this will subsequently be regarded by law as leaving the scene of an accident, which threatens an administrative offense, as well as the culprit.
Can I contact my insurance company?
It’s not just possible, but necessary. All of the above cases, when the culprit of an accident escaped from it, are the same with regard to the procedure for applying for compensation, and the general procedure depends on other conditions.
So, you are obliged to contact only your insurance company for direct compensation of losses (PVU is not the right to choose the victim, but an established procedure if appropriate conditions exist):
- at least 2 cars were involved in the accident (even if there are 3 or more cars, and 2 or more drivers who escaped),
- damage was caused only to vehicles,
- Everyone has MTPL insurance.
How to fill out an accident report
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In order for employees of authorized bodies to be able to correctly fill out the protocol, it is necessary to bring them up to date and tell them in detail all the known nuances. It is very important to notify them that the culprit has escaped and to describe the car as accurately as possible. The fact of transferring the recording from the DVR must also be recorded in the protocol. If there are witnesses, they must be identified. After filling out the protocol, you must carefully read it. If any points raise doubts, it is better to clarify them before signing. If the employee refuses to make amendments, instead of signing, they must leave the note “I do not agree with the above information.”
Next, you need to go to the nearby traffic police department to file a statement about the beginning of search activities against the fugitive. After completing the above steps, you need to notify the auto insurance company about the accident that occurred, during which the other party left the scene without permission. Afterwards comes a tedious period of waiting for the results of the search for the culprit driver.
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.
How to fill out and prepare documents correctly
After the traffic police has carried out search activities and established information about the identity of the culprit, the victim needs to decide on the path to further compensation for the damage caused. This procedure can be performed by writing a statement of claim to the court or contacting the insurance company of the at-fault motorist.
The second option will significantly reduce the time for determining payment for damage caused. However, there is one subtlety in the law, which stipulates that the victim does not have the opportunity to independently determine the method of receiving the insurance premium. This happens when the participant who left the place did not have a driver’s license or compulsory motor liability insurance on the specified date, or if he considers himself innocent in the current situation. Then the only option left is court.
To write a statement of claim, you will need to collect the following documents:
- road accident recording report received from the inspector;
- protocol from the traffic police;
- examination results confirming the damage caused.
If you have Casco
This is the most obvious way to get compensation from your insurance. But OSAGO has nothing to do with it at all.
Under Casco agreements, it is not the liability of other participants in case of accidents that is insured, but specifically the property – your car. Therefore, it will not be difficult for you to receive compensation in the form specified in the contract.
How to get a?
In some cases, you will still have to wait for the documents that will be issued by the traffic police - a resolution on the fugitive culprit or a ruling to terminate the investigation. The obligatory nature of one of these papers is provided for in most Casco conditions.
But there is good news - many insurance companies will meet you halfway and repair your car or pay you money based on the available documents.
Thus, in an accident with absconding participants, an administrative investigation is almost always ordered, and an appropriate ruling is issued, a copy of which is given to the victim. This definition, when contacting an insurance organization, can confirm the very existence of an insured event.
But please note that if the culprit is not found, then Casco insurance will become more expensive for you in the next period, as a claim will be registered.
Is it possible to receive payment if the culprit has not been found?
It happens that the guilty party is carefully hidden and law enforcement agencies fail to detect it. Many believe that the situation is hopeless and that compensation for losses should be forgotten. However, this opinion is erroneous, and payment under compulsory motor liability insurance will be made if the culprit fled. The situation involves contacting your auto insurer or RSA. Employees are required to prepare documentation that must correspond to the specific situation.
According to the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners,” insurance offices do not have the right to refuse an applicant.
If employees of an unscrupulous company do not intend to formalize payments, an alternative way to resolve the current situation is to file a claim in court. The auto insurance company will act as a defendant in court.
The court makes its verdict based on information from the plaintiff, witnesses, video surveillance equipment, and the examination performed. If it is possible to prove the absolute guilt of the second participant in the accident, then compensation for the damage caused will be paid in full.
The court can also determine mutual guilt. Then the percentage of guilt of both participants will be established. Based on this decision, the percentage of compensation payment will be established.
– If the culprit of the accident was found after a while
In a situation where the insurance premium has already been paid by the company, but suddenly the culprit is discovered or found, the insurance company will formalize the recovery of the previously paid money from the culprit. The victim in this situation will not suffer losses.
If payment has not yet been made, it is necessary to resume the process of demanding payment for repairs or compensation for damages from the culprit. To do this, it is first recommended to contact the traffic police and provide information known about the other party. The inspectors will fully prepare the necessary documents, on the basis of which a request will be submitted to the auto insurance company.
– If the culprit car was stolen and the owner is not to blame
You should not expect any payments from the insurer of the at-fault car owner if the car was listed as stolen, and the real owner claims that he was not in the car on the ill-fated day. Then the insurance company is considered not involved and is not obliged to pay anything. If you still intend to receive the funds due, you need to establish the personal data of the hijacking driver.
When is it impossible to receive compensation under compulsory motor liability insurance for an absconded person?
Automobile liability insurance specifically covers liability. This means that the victim receives compensation for damage from the insurance of the culprit. And if the culprit is not identified, then the payment will no longer be received? Not at all!
In fact, despite the seeming logic that if there is no culprit, there is no compensation under compulsory motor liability insurance, there are very few situations where the culprit has disappeared, it is impossible to receive payment.
And such cases include:
- the culprit of the accident has not been found, nor has the vehicle that caused the collision been identified, and there were no injuries or deaths,
- the second participant does not have MTPL insurance at all (the MTPL agreement has not been concluded, if the culprit is simply not included in the policy, then you will be paid compensation) - regardless of whether he was found or not,
- Based on the results of the investigation, the second driver turned out to be completely innocent in the accident - he did not violate traffic rules.
This is an exhaustive list of conditions under which you will have to apply for compensation directly to the person causing the harm, and the insurance company will not help here. And in the latter case, there is nothing to count on at all if you do not have Casco insurance.
What to do if your car is hit in a parking lot and you drive away
Limited space and unclear organization of traffic in the courtyard area and in parking lots also often lead to troubles. Traffic rules in these situations are regulated by law. If the culprit fled the scene of the accident, the procedure for the injured party is similar to an accident on the road.
First of all, it is recommended to find out whether video surveillance is installed in the parking area or whether there is a watchman working. Probably, the eyewitnesses have not gone far yet, and it will be possible to find out some details about the culprit. It is strictly forbidden to leave the scene of an accident without a protocol from employees of the authorized bodies.
The only exception to the rule is when the victim did not immediately discover the damage, but during his own investigation the location of the accident was discovered. It should be borne in mind that this point is very difficult to prove to traffic police inspectors and judges.
There are still conscientious motorists on the roads. If you left contact information, but nevertheless left, there are 2 ways to resolve the dispute:
- Draw up a protocol with the participation of an inspector, pointing out the driver’s dishonesty and leaving the scene of the accident. The other party will be notified by law enforcement officials and will be punished accordingly.
- Peaceful solution to the issue. In general, this is a good way to resolve a situation when you need to leave urgently. But it is recommended to resolve the issue this way when the car owner is a personal acquaintance. It is better for the injured party to immediately determine the amount, otherwise she may be deceived or disagree with her opinion, and the place will already be abandoned (that is, a violation of the law will also occur).
The first option certainly has fewer risks.
– Is it possible to receive payment in this case?
In order to process all due payments, it is recommended to first contact the traffic police and then notify the auto insurer. Law enforcement officials will draw up a protocol and also accept an application to begin the search for the offender.
The auto insurer will determine the amount of compensation for the damage caused if the offender is found. If information about it is not known, the payment of the premium is made by the insurance company of the injured party or RSA.
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.
Statute of limitations for leaving the scene of an accident
A road traffic accident falls into the category of administrative offenses, the punishment for which is clearly regulated by current legislation.
The at-fault motorist must be punished accordingly for leaving the scene of an accident while knowing he would not return. For such an action, the law provides for the establishment of a limitation period. It is only 3 months. If caught, the offender will be deprived of the opportunity to drive a car for the next year and a half.
In some cases, the offender may be acquitted. Such a case is indicated when one of the participants takes the other to the hospital. All cases of leaving the scene of an accident with weighty arguments presented are considered by the judge on an individual basis.
The victim has the right to file a claim for payment of damage only within 3 years. It is recommended to file a claim as soon as possible, because, according to established legislation, inaction in asserting rights can only mean one thing - the lack of need for it. It is noteworthy that these 3 years are counted from the date when the injured party learned about the accident and the violation of its rights. Only the presence of a compelling and well-reasoned reason will help restore the right to file an application.
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.
For what reasons can a driver leave the scene of an accident?
The most common reason is simple fear of the consequences of the accident itself. But the responsibility will be even greater if there is at least one victim.
There are other situations when drivers prefer to hide:
- The participant did not have time to realize his guilt in what happened.
- There's too little damage that you don't want to spend a lot of time on.
- The driver simply did not notice that while driving he was causing harm to other road users.
- Sometimes someone is just in a hurry to get to a business meeting. And being late in this case can damage the company’s reputation. Therefore, everyone tries to agree on compensation as soon as possible in order to be able to continue their business.
- Intentionally leaving the scene of an accident in order to avoid punishment.
About traffic rules and legislative regulation
Road traffic accidents are divided into several groups depending on the severity. This will determine the punishment for the escaped driver.
An accident is considered serious if people are injured and disabled. Or injuries that lead to lifelong disability. In addition, serious penalties are provided for proven material damage.
What does the rules themselves say?
- Every person involved in an accident is required to wait for a police officer to arrive. If anyone leaves the scene of the incident, they are automatically found guilty.
- Possible administrative penalties for such actions are deprivation of a driver’s license for a period of one to one and a half years, as well as administrative arrest.
However, serious penalties do not follow in all cases. This can be done if there are no victims or if a compensation agreement is quickly reached.
How does OSAGO work?
OSAGO insurance is a mandatory type of insurance for every driver. If you get behind the wheel, you won’t get far without compulsory motor insurance. Of course, this does not always stop some car enthusiasts. Driving without a compulsory motor liability insurance policy is punishable by a completely ridiculous fine.
Another point is that if the driver caused an accident, then the issue of having a compulsory motor liability insurance policy comes to the fore. After all, OSAGO does not insure the driver himself or his property, but his liability to other motorists. In other words, if the driver is at fault for an accident, the MTPL policy guarantees compensation to the injured party. And if there is no insurance policy, the burden of payment falls on the shoulders of the culprit of the accident. Therefore, the most common reason why drivers leave the scene of an accident without permission is the lack of a compulsory motor liability insurance policy. What other reasons are there?
Ways to find the culprit
The driver can independently look for witnesses or acquaintances of the culprit by writing a post in a city group on social networks or on popular forums. It is permissible to post notices in the area where the incident occurred or report information to the local press.
The registration number of the culprit's car is known
The culprit, if he disappeared after a traffic situation, is easier to find if he has a license plate. It is allowed to use recordings from a video recorder, photos and witness statements. Based on paragraph 45 of the Resolution of the Plenum of the Supreme Court No. 2, both the guilty person and the insurance company pay financial compensation.
Important! Damage is paid only after the investigation of the case is completed and if the getaway car has insurance.
Timing of official search activities
The official search for a car and its owner takes from 2 months if the case is administrative (there are no casualties). The deadlines are extended based on the decision of the traffic police representative. If the second participant caused injury or death, they will be looked for for up to 1 year. When the culprit is found, the other party will receive a resolution from the traffic police, which, according to clause 3.10 of the Insurance Rules, is necessary to compensate for monetary damage under compulsory motor liability insurance.
Statute of limitations on the case
If the driver unintentionally fled the scene of an accident, this will not be an excuse. The statute of limitations in the case on the basis of Part 1 of Art. 4.5 of the Code of Administrative Offenses is 3 months, including extension. After this period, the case is closed. The search period, if the case fits under Art. 78 of the Criminal Code is:
- minimum severity of crime - 2 years;
- crime of moderate gravity - 6 years;
- a grave offense - 10 years, a particularly serious offense - 10 years.
Important! When the culprit evades the investigative process, the case, according to Part 2 of Art. 78 of the Criminal Code, suspended.
