Is a parking accident an accident or not?

When a parking incident is an accident in 2019

The majority of minor vehicle damage occurs due to parking violations. Collisions while parking rarely result in driver injury. Another thing is a collision, in which human casualties are quite possible. If you believe the statistics, an accident in a parking lot is one of the most common incidents, which is usually not even recorded in our yards. The fact is that it is difficult to immediately understand what happened. Often scratches and dents appear on a car in the absence of the owner. And then figuring out who is to blame is incredibly difficult.

Is an accident in a parking lot considered a traffic accident?

It is important for the owner of a car damaged in a parking lot to find the culprit in order to compensate for the repairs. But to do this, you need to know whether an accident in a parking lot is an accident.

Clause 1.2 of the Traffic Regulations and the law on compulsory motor liability insurance provide the same definition of a road traffic accident. This is an event involving a vehicle while driving on the road, which resulted in damage to the vehicle, structures, other material damage, and people were killed or injured. At least one vehicle must be moving, and on the road.

If traffic can still be dealt with somehow, then does parking belong to the roadway? No, this is an adjacent territory, but traffic here is regulated by the same rules.

Thus, parking violations are punished in the same way as on a public road.

Causes of collisions in parking lots

There can be many reasons for car damage in a parking lot. But here we can highlight the most probable, objective circumstances under which the risk of collisions increases many times:

reversing;
the presence of barriers, fencing and other obstacles;
limited area for maneuvering.

Now let's take a closer look.

When driving in reverse

Agree, driving in reverse is more difficult in any case. Parking sensors and even modern Park Assist systems do not provide a 100% guarantee against collisions. The features of rear-view mirrors do not always allow you to accurately estimate the distance to objects, especially in conditions of poor visibility and lighting. Unfortunately, everything still depends on the skill and attentiveness of the driver. Colliding with infrastructure objects or other vehicles leads to an accident.

When the barrier gets in the way

Today, parking lots are equipped with systems with payment terminals and automatic barriers. Before entering the parking lot, you must pay for parking. Such systems have operating features. As a rule, terminals do not give change, barriers rise with a delay. This creates conditions for collisions, especially if you are in a hurry or inattentive. In this case, we can also talk about an accident.

Limited area

The big problem with our parking lots is the lack of space. If the site is organized in violation of GOST requirements, narrow passages do not leave enough space for safe vehicle maneuvering. In such conditions, a collision is also considered an accident.

Kick the door

The marking of parking spaces must take into account the dimensions of the vehicle, including cargo vehicles. The distance between the open door and the adjacent vehicle must be such that an average-sized person can walk. Art. 12.7 Traffic regulations prohibit opening doors if this interferes with other traffic participants.

In other words, if the door is “slammed” on a passing car or, conversely, while driving a stationary one, this is an accident. If the door of a stationary car was inadvertently opened and it also touched a stationary neighboring car, this incident does not apply to road traffic accidents. If the door is opened by a passenger, he is the culprit.

Damage due to natural forces

Some difficulties arise in cases where the damage to the vehicle is caused by the elements. You can immediately determine whether it is an accident or not by paying attention to whether the car was moving at the time of the collision. If a tree, an icicle from a roof, etc., falls on a stationary car, this is not an accident. But if, for example, a light pole falls over due to the wind while a car is driving in a parking lot, answers to questions about identifying the culprits and compensating for damage will have to be sought in court.

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

Now let’s figure out what to do in case of an accident in a parking lot. In principle, the algorithm of actions is given in the traffic rules. In general, you need:

Stop, turn off the engine, put the car on the handbrake and turn on the emergency lights.
Call an ambulance and provide assistance to the victims.
Get out and put up a warning triangle.
Call the traffic police, call the insurance company.
Determine whether there is video surveillance in the parking lot, look for eyewitnesses, record damage and the location of other objects and vehicles.
Write a statement and draw up a protocol.

How to report an accident in a parking lot

When no more than two cars were involved in the accident, they are insured, the incident is obvious, the culprit is identified, and the damage does not exceed 100 thousand rubles, the European protocol is used. Both parties fill out the notification form, exchange contacts and information about insurers and leave.

The option does not always satisfy the parties, and in most cases it cannot be done without calling the traffic police. Employees of the State Traffic Inspectorate assess the situation on the spot, inspect the parking lot, interview witnesses, identify the culprit, and draw up a diagram of the incident and a protocol.

If the culprit escaped

When the culprit disappeared, he will be put on the wanted list. It is not recommended to search on your own, because this is what the police and traffic police are for. However, you can try to collect eyewitness accounts and surveillance camera footage yourself. Before the traffic police arrive, it is necessary to inspect the scene of the incident, look for tread prints, fragments of headlights, marks of someone else's paint on your car, and any other traces that will help establish the make, model of the car and, accordingly, the identity of the escapee.

You will have to write a statement to the police to find the culprit. But in general, leaving the scene of an incident is prohibited, except in cases of forced or extreme necessity.

Responsibility for an accident in a parking lot

The measure of liability depends on the type and severity of the offense committed. The Code of Administrative Offenses contains a number of articles that define fines for:

violation of maneuvering rules (Article 12.14) – 500 rubles;
turning and reversing (Article 12.11) – 2500 rubles;
violation of the rules of oncoming traffic (Article 12.15) – 1500 rubles;
failure to provide priority to pedestrians/other traffic participants (Article 12.18) – from 1,500 to 2,500 rubles;
violation of parking rules (Article 12.19) – 500 rubles, and in Moscow and St. Petersburg – 3,000 rubles.

If there are victims, the amount of penalties will increase.

Is it possible to call an accident in a parking lot an insured event?

First of all, you should understand what an insured event is. This is an event provided for in the insurance contract, upon the occurrence of which the insurer is obliged to make a payment to the policyholder or injured third parties. Until recently, insurers did not consider an incident in a parking lot as an insured event, and the damage was compensated in accordance with the provisions of the Civil Code.

According to the OSAGO policy

After amendments were made to Federal Law No. 40-FZ of April 25, 2002, the policy coverage included local areas - courtyards, parking lots, and some types of parking lots. Therefore, an accident here became an insured event, but subject to certain conditions:

Participation of two vehicles.
Availability of insurance for participants in road accidents.
Absence of personal fault of the policyholder.
Confession of the guilty party.

The last point is the main difficulty, because you will have to prove the guilt of the other participant in the accident. In addition, in traffic police parking lots, both participants are often found guilty. Consequently, problems in communication with the insurance company are inevitable.

The law also states: if civil liability arises for causing harm to life, health or property, in accordance with the contract obliging the insurer to compensate for the damage, then this is an insured event.

If you have CASCO

A CASCO policy can cover almost all risks, including natural disasters. But this is a voluntary type of insurance, which is not regulated by law. To determine whether an accident in a parking lot is an insured event, you just need to read the terms of the contract. Better yet, study it carefully at the design stage.

The advantage of this policy is that it works even if the culprit is not identified. And when the amount of damage is small, you don’t even need to call the traffic police. To exercise the right to payment, you must fulfill all the terms of the agreement. The insurance company must be notified of the occurrence of an insured event within five days.

Conclusion

So, let's summarize:

Not every parking lot incident is considered an accident.
Accidents in parking lots are often caused by a lack of professionalism and inattentiveness of drivers.
In case of an accident, you must act in accordance with the traffic rules.
There are no “special” penalties in the Code of Administrative Offenses for an accident in a parking lot.
To recognize an incident as an insured event, insurance companies may require the identification of only one culprit.

Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.

Is an accident in a parking lot an accident or not in 2019 - an insured event

Continuing the publication of articles about car accidents, let’s consider whether an accident in a parking lot is classified as an accident or not. To do this, we will need to define the phenomenon, consider its signs and consequences. All this will allow us to determine whether there will be insurance for such an event in 2019. Reimbursement is the main issue that forces the reader to find out the intricacies of such a matter.

The material will be useful to everyone who witnessed an unpleasant incident in a parking lot or became a participant in it. A huge accumulation of cars, a limited area, distracting maneuvers are not a complete list of the reasons for such frequent collisions. If you don’t even hit anyone yourself, then where is the guarantee that they won’t “drive” into your car. Let's look at the nuances of our question.

Attention! If a parking incident is classified as an accident, there will be compensation under MTPL. If not, payment will be denied.

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General concepts and signs

An accident, according to clause 1.2 of the traffic rules, is a traffic collision of several vehicles on the road surface itself, in the roadside area. What applies to the restricted territory, what signs should an unpleasant incident correspond to?

What is an accident

It is quite obvious that all the negative actions (hitting the door, bending the mirror) that often happen in the parking lot cannot be called an accident. During an accident, there are some common signs that allow you to classify the incident into the appropriate category.

A road accident is characterized by:

participation of at least two vehicles (if one car drove into a pole - not our case);
presence of visible significant damage (a small scratch does not count);
movement of one of the cars;
hitting a pedestrian;
collision with a moving and stationary object.

We have decided on the signs. But they all work on the road. What to do if the incident happens outside the roadway. Is a traffic accident in a parking lot considered an accident? The traffic rules clearly stipulate that cases on the road and the surrounding area are considered, which includes:

places near residential buildings;
parking areas near shopping centers, business centers, stadiums and other public places;
areas for stopping cars at roadside cafes, gas stations, and enterprises;
territory of municipal and government structures.

Important! An accident in a parking lot, but if all the signs are present, is an insured event under MTPL, subject to the participants having valid insurance policies.

What does not apply to an accident?

If a car in a parking lot was damaged as a result of the actions of third parties, the elements and other unforeseen situations, then this is not an accident. However, so is the damage caused by one’s own carelessness.

The following is not considered an accident:

incidents without the participation of a vehicle;
troubles with a stationary car;
accidents without consequences in the form of damage.

Road accident under compulsory motor liability insurance

So, is a parking accident recognized as an insured event? If all the signs are present, then yes. When identifying a case, you need to pay attention to the area of the incident (collision location), the nature of the damage and the cause.

The classification and list of insured events is provided by Federal Law No. 40 on compulsory motor liability insurance, primary edition dated April 25, 2002.

Let's look at examples

First insured event. The car was parked, standing motionless near the shopping center. The driver might not even be there. The second car owner, performing a maneuver, breaks the bumper and significantly scratches the standing vehicle. So this is definitely an insurance case. The owner of a damaged car, with a valid MTPL policy, can contact his insurance company and receive compensation. If the identity of the culprit is established, the insurer may demand recourse (refund of funds) from him.

The second is not an insured event. Due to the vehicle moving in reverse, the driver did not calculate the distance and drove into a pole. During the collision, he broke a headlight and damaged the bumper. The person himself provoked the incident; it is pointless to demand compensation under OSAGO. In this situation, only repairs are at your own expense.

On a note! Compensation for compulsory motor liability insurance within the limits of 100 thousand rubles. in 2019 you can get it without involving the traffic police. Drivers have the right to take advantage of the initiative to draw up the Europrotocol.

Road accident under CASCO

As practice shows, quite a lot of incidents occur in parking lots that cause damage to the car. The MTPL policy does not cover all possible troubles. For drivers who want to expand the list of insured events as much as possible, it would be better to take out a CASCO insurance policy instead of a compulsory motor liability insurance policy.

Example: A stationary car in a parking lot falls and an icicle breaks the windshield. This is not an accident. BUT according to CASCO, such damage that was received in the parking lot is an insured event. This is due to the fact that the corresponding agreement covers variations somewhat broader than accidents.

We remind you! You can assess your situation with an Auto Lawyer for free! Call!

Under CASCO the following can be reimbursed:

road accident;
consequences of fire;
damage from unlawful actions of third parties;
damage from the elements, unforeseen situations (falling icicle);
theft;
hijacking

Example: Passing by a parked car, a person catches an advertising structure. As a result of the shield falling, a significant dent is formed on the car, and the mirror flies off. The guilty party here is the citizen who dropped the structure. But who will be in demand if the person simply disappeared. If you have CASCO insurance, you can request a refund.

European protocol for an accident in a parking lot

It should be noted that under the current compulsory motor insurance policy, if an accident occurred with the participation of no more than two persons, you can receive compensation even without involving the traffic police. If the drivers were able to agree among themselves regarding the amount of damage and other fundamental points, then they can draw up a Europrotocol.

This is a simplified documentation scheme, in which you will definitely need to draw up an accident diagram yourself. Now for the damage, the amount of damage to the car should not exceed 100,000 rubles. Until the new rules came into effect, there were only 50,000.

Conditions under which the Europrotocol can be used:

No more than 2 parties are involved in the incident.
Only material damage occurs.
There were no negative effects on the health of all participants.
No deaths.
The amount of damage does not exceed 100,000 rubles.
Both participants have insurance.
Traffic participants have a recording from a video recorder or a specialized program.

Recently, the European Protocol does not require establishing the guilty party. Compensation will be paid without this factor. The main thing is that all filling requirements are met. There are quite a lot of nuances; this is the topic of a separate article. From it you will learn how to draw up a Europrotocol. For now, we note that there must be at least two identical reports + diagrams of the incident.

Accident in a parking lot - is it considered an accident or not?

We are glad to welcome our dear readers to the pages of this portal. Are you wondering whether a parking lot accident is an accident or not? Then this material will help you. Let's try to figure it out. Let's consider the causes of the collision. Let's talk about how to design it correctly. Is a European protocol drawn up in this case, and what to do if the culprit leaves the scene of the accident.

The category of road accidents includes vehicle collisions and the collision of a car with an immovable object. The main condition for this type of accident is the movement of traffic at the time of impact. Another factor is harm to road users or their property. To classify an incident as an accident, a combination of these two circumstances is necessary.

A reference to the law! Clause 1.2 of the traffic rules stipulates that a collision of two or more cars while driving on a road or adjacent territory is an accident. It is recognized as such if people and vehicles were injured during the collision. The law includes courtyards, parking lots, and parking near offices and shops as adjacent areas.

Example one : Damage to one car in a parking lot by the opening door of another car is not an accident. Likewise, damage caused to a car by an icicle falling from the roof does not fall into this category.

Example two : An exiting car hit one vehicle or provoked a collision between several cars in the parking lot. As a result, damage to transport or people is caused and compensation is required under compulsory motor liability insurance. This situation is considered an accident.

Parking accidents are among the most common situations. Their occurrence is not an accident, but a pattern. There are a number of reasons that provoke corresponding consequences.

The most common factors:

a change in vehicle modification that provokes an increase in size;
urbanization processes, changes in road markings;
increased density of cars, increased traffic in the parking area;
non-compliance of stopping places with traffic police standards;
technical malfunction of the car;
human factor (inattention, reduced reaction, inexperience);
The position of the vehicle does not correspond to the markings.

Most often, the culprit of the accident is the owner of the car who was moving backwards. Such incidents occur in parking lots and other limited-area turning areas.

Reverse movement is prohibited:

at crossroads;
when driving on a bridge, in tunnels;
in the pedestrian crossing area;
at crossings, in the area close to them;
at bus stops;
in poor visibility, regardless of the type of terrain.

Not all parking lots are equipped in accordance with the regulations. Failure to comply with standards may result in improper placement of vehicles. Often the markings do not match the dimensions of the cars. It also happens that as a result of re-equipping a car, its dimensional parameters have increased.

According to GOST, the following requirements apply:

the width of the marking lines is at least 10 cm;
use of reflective paint in areas with poor lighting;
at least 6 meters of roadway width – 6 m; the minimum size of the parking zone for 1 car is 2.3 * 2.5 (taking into account the increase in length to 3.5 meters in places for disabled people).

The first thing to do after a collision in a parking lot is to stop driving. It is necessary to get out of the car and determine the type of damage. If you discover damage or harm to health, you should call an ambulance. In this case, you cannot do without the presence of traffic police inspectors.

The next step is to install a sign and turn on the appropriate alarm. These measures are not just a formality. They allow you to warn other road users about an accident. It is prohibited to leave the scene of the collision or move the vehicle.

The next stage is recording the consequences in the protocol. Depending on the situation, you can do this yourself or with the participation of inspectors. Representatives of the traffic police department must document the situation if more than 2 cars collided or there was harm to health. Before their arrival, you can start interviewing eyewitnesses and collecting other evidence.

The possibility of recording a traffic accident in the European protocol is not used in all accidents. Since this is a simplified registration procedure, it takes place without the participation of traffic police inspectors. But all the conditions that are relevant when registering an accident remain. The procedure involves drawing a diagram, interviewing eyewitnesses, collecting evidence, and drawing up a protocol. Only it is not the inspectors who are involved in the procedure, but the drivers themselves.

Important! Before the ambulance arrives, you should use available means and a first aid kit to provide emergency assistance to victims.

Conditions under which the European protocol is relevant to use:

The amount of damage is within 400 thousand (before October 1, 2019, the maximum threshold was 100 thousand).
There are no controversial issues regarding the cause of the collision or the culprit.
In a situation without loss of life, damage to the health of participants and passengers.
Only two vehicles are involved in a collision.

Procedure for completing the European protocol:

recording the scene of an accident using video or photography;
involving eyewitnesses in the procedure (it is necessary to save the telephone numbers of witnesses);
drawing up a diagram;
filling out the form, attaching a diagram and a list of attached evidence to it;
proofreading of the paper by both parties, securing the information presented with signatures;
removing vehicles from the scene to prevent congestion.

Filling out the protocol form and complying with all procedural requirements must be taken as responsibly as possible. This determines whether the insurance will ultimately pay out to injured participants. The presence of corrections or blots, the authenticity of which is not confirmed by the signatures of both parties, may become a reason for refusal of insurance payment.

A schematic representation of the accident location, type of damage and other significant points is used as an evidence base. Its preparation is a prerequisite. With a simplified registration procedure, the participants in the incident themselves will have to draw it up. It needs to include the following data:

part of the parking lot where the accident occurred;
display of participants' vehicles;
direction of movement;
markings, road signs;
parking address, name of the institution to which the territory belongs;
marks on the part of the car where it is damaged.

Attention! In order to receive compensation for damage from the insurance company, you need to promptly inform the other party to the contract about the incident.

Whether a collision is covered depends on the type of collision. The type of contract also influences. For OSAGO and CASCO, different lists of cases are defined that are classified as insurance.

Question : The driver fled the scene after hitting my car in the parking lot, what should I do?

Answer : We need to call inspectors and record the case. Surveillance cameras are often installed in the parking area. Law enforcement officers can access the records. You can interview people in the parking lot, maybe someone saw the collision.

Question : For an administrative violation, no decision on a fine has been received for a long time, could it not have been imposed at all, and how long should we wait for “unpleasant news”?

Answer : The statute of limitations for administrative offenses is three years. If during this period there was no “letter of happiness”, it means there will be none. It often happens that a fine cannot be imposed due to a violation of the registration procedure.

An accident in a parking lot is a common situation. Whether it is considered an insured event depends on a number of factors provided for in this article. You need to respond to the incident appropriately. A protocol must be drawn up and the insurance company notified. Whether to draw up a European protocol or call inspectors depends on a number of factors (amount of damage, presence of victims, presence of disputes between participants, number of injured persons).

Is hitting a door in a parking lot an insured event or not?

Accidents in parking lots are a common occurrence in driving practice. Unlike accidents on the highway, such a case is ambiguous from the point of view of the law. Determining the degree of damage caused in this situation has its own nuances.

From the point of view of the law: is it an accident or not?

A traffic accident is a collision between two vehicles or a collision with an immovable object. The provision on classifying an accident as an accident is regulated by the Civil Code of the Russian Federation (clause 1.2 of the Traffic Regulations).

A collision in a parking lot may be considered a traffic accident after the cause of the impact and the extent of the damage are determined. Accidents include:

hitting a pedestrian;
collision of two or more cars;
collision of a car with a static object.

If damage has not been proven, then the case cannot be considered an accident.

Traffic accidents do not include a collision between a car and a stationary vehicle whose engine has been turned off. Also, an accident is not considered to be damage caused by a driver to someone else’s vehicle.

Is an accident in a parking lot an insured event?

Whether a case is considered insurable depends not only on the extent of the damage and the position of the vehicles, but also on the type of insurance policy. Insurance companies undertake to pay compensation to the injured party in an accident, unless the culprit’s compulsory motor liability insurance contract is expired.

Decree No. 131 states that the location of the accident does not matter. This act has been in force since 2008. Conditions for compensation for damages under compulsory motor liability insurance:

The damage must have been caused by the vehicle. If the driver personally damages someone else's car, the insurance company is not responsible for it.
There must be at least two people involved in the incident. If the collision was committed on the property of the parking lot, the owner is the victim.
Evidence of the guilt of the participant in the accident is recorded using cameras and testimonies of passers-by.

If the culprit has not taken out an insurance policy, then the victim has the right to compensation from his insurance company. The company, in turn, returns these funds through the Russian Union of Insurers.

In cases where the damage was caused personally by the driver, the victim may receive payments under the CASCO policy. Many companies include in the contract a clause regarding damage to the car due to the actions of third parties.

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:

Stop driving and put the car on the handbrake.
Turn on your hazard lights and put up an emergency sign on the road.
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.
Make sure there are no other cars affected. In a collision in a parking lot, the vehicle may hit adjacent parked cars.
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.
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:

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

Who is to blame in an accident in a parking lot?

Determining the degree of culpability of a driver is not always easy. Related factors to consider:

weather;
the environment at the scene of the incident;
the health condition of the driver who hit him.

In some situations, it is impossible to establish guilt due to the joint and several liability of insurance clients. When minor damage is caused, vehicle owners independently decide who is to blame for the accident.

If the drivers were unable to reach an agreement or the damage from the accident is too great, the traffic police officer must determine the culprit of the incident. Taking into account the accompanying factors, the cause of the accident may also be improperly equipped parking. In this situation, responsibility for the accident lies with the owner of the parking lot.

How to draw a diagram of an accident in a parking lot

An incorrectly drawn up accident diagram may result in refusal of compensation by the insurance company. The image must contain the following data:

Separate parking area where the accident occurred.
Vehicles that were near the incident site.
The direction of movement of the car is indicated by an arrow.
Road markings and signs.
Additional static objects - barrier, trash can, pole.

Street names are also indicated to specify the location of the accident. If the traffic police officers were called, then they draw up the diagram.

Is it necessary to display a warning triangle?

A portable emergency sign is displayed in front of the car in accordance with paragraph 7.2 of the Traffic Rules. The sign is placed at a distance of 15 m from the car.

Failure to comply with this rule will result in a fine. It is also a violation of the law to install a sign in a blind area for passing cars.

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.

Does compulsory motor liability insurance apply if an accident occurs in a parking lot?

OSAGO is compulsory motor third party liability insurance. In Russia, the law on compulsory motor liability insurance has been in force for 13 years, but it raises a lot of doubts and questions among those who have insured a vehicle under this policy. And one of the questions is whether a traffic accident that occurs in a parking lot is an insured event.

Is an accident in a parking lot an accident or not?

Often, traffic police officers try to refer cases of accidents with damage to a vehicle to the local police officer, citing the fact that the damage did not occur on the road, therefore, it is not a traffic accident. The district police officer also says that the owner of the damaged car turned to the wrong address and would be right.

Understanding this fact is necessary to find out whether compulsory motor liability insurance operates in parking lots and whether the vehicle owner is entitled to insurance payments.

The traffic rules state that a road traffic accident is an incident that occurs as a result of the movement of a vehicle, in which people were injured, other vehicles were damaged, and other damage was caused. The rules apply not only to roads, but also to adjacent territories along which vehicles move. Such areas are parking lots, courtyards, parking lots near supermarkets and offices. So it turns out that if one car, during maneuvering, caught and scratched another car, this fact falls under the category of an accident, since there was movement of the vehicle, and the traffic police must deal with it.

But a car parked in a parking lot could be scratched by the opening door, or an icicle could fall on it. This is not a fact of an accident, and we are talking about causing material damage, for which the person responsible for the incident is obliged to compensate.

True, if the injured owner’s car is insured under CASCO, he can count on receiving insurance. The insurance company will still reimburse the amount of damage from the culprit. In the absence of an insurance policy, the obligation to compensate for losses falls on the person responsible for the damage, who must compensate for the upcoming costs of repairing the car voluntarily or in court.

Is an accident in a parking lot covered by compulsory motor liability insurance?

To answer this question, we need to consider possible scenarios.

Example 1. While parking near a house, you did not calculate the distance and drove into a fence or wall of a house, breaking a headlight and crushing the bumper. You are the only participant in the incident, and you are to blame for what happened. This case is not considered as an insurance case, and you will not receive anything under compulsory motor liability insurance. So you can go with your bruised butt to the service center and prepare money for repairs.

Example 2. You parked your car in a parking lot at a shopping center or in your own yard. But someone driving by touched your car, crushed the bumper, or scratched the door. This case is an insurance case, and the car owner can go to the insurance company that issued him the MTPL policy and demand payment of compensation for car repairs.

Example 3. If a certain citizen, passing by, caught on an advertising sign or fence and dropped it on a car, then in this case the MTPL insurance policy is not valid. Damage for a scratched body or broken headlights must be compensated by the citizen who dropped the advertising structure.

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

Europrotocol is a system that makes it possible to register the fact of an accident without the presence of traffic police officers in order to receive payment under compulsory motor liability insurance.
The European protocol is also the document itself filled out by the participants in the collision. The Europrotocol is valid subject to several mandatory conditions:

The accident involves only 2 vehicles and no more. If 3 cars collided at the same time, you cannot fill out a European protocol; you must call a representative of the traffic police;
None of the participants were injured in the accident, and there was no collision with a pedestrian. If there are deaths or injuries as a result of the collision, the European protocol will be invalid;
The participants in the collision have no disagreement in determining the culprit of the accident, in the nature and amount of damage. All damage received as a result of a traffic accident is included in the European protocol, and insurance compensation will be calculated on their basis;
Both drivers are insured under MTPL. If one driver is insured under OSAGO and the other under CASCO, then the European protocol will not be recognized;
The amount of damage should not exceed 50 thousand rubles. Until January 2015, it was 25 thousand.

It is advisable to fill out the European protocol on the forms issued when registering for compulsory motor liability insurance from the insurance company.

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.

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