Accident in the yard what to do
Road traffic accident in the local area
The number of cars in the country is growing rapidly, and with it the number of road accidents. Of course, the most serious accidents occur on highways. The destructive energy of a car is proportional to its mass and the square of the speed at which it was moving. The higher the speed, the worse the consequences of the collision. Nevertheless, accidents also occur in places where few people drive fast - in particular in the courtyards of houses. The consequences are usually not severe, but you still need to register the incident. Let's try to figure out what to do if an accident occurs in the yard.
Which incidents involving cars in yards are considered traffic accidents?
If something happens to your car in the yard, the question immediately arises of what to do. First of all, you need to understand how to classify an incident. Subconsciously, we are accustomed to classifying all accidents involving motor vehicles as road traffic accidents, but from a legal point of view this is incorrect. You need to understand what kind of event is considered an accident.
Road traffic accidents include such incidents on the road that caused damage to the health or life of people, cars and other property and that are associated with the movement of vehicles. The determining factor for establishing an accident is the fact that at least one vehicle is moving.
The question is often asked whether a collision in a backyard constitutes an accident. From a legal point of view, a car collision is always a traffic accident. According to the law, a collision is an event in which several moving motor vehicles collide. Collisions with stationary vehicles, bicycles, and horse-drawn vehicles, as well as with an obstacle, pedestrian, or animal, are called collisions. Types of accidents also include rollovers, falling passengers, etc.
There is also such a thing as a minor accident. If during an event with a moving vehicle no damage was caused, for example, only dust was wiped off the bumper, this is an accident, but it is not subject to registration and registration and does not entail any consequences. In this case, you should not call the traffic police.
What kinds of incidents happen in courtyards that are not related to traffic?
Quite often events occur in courtyards that are not related to the movement of cars. For example, a driver parked close to another car and, opening the door, damaged the paintwork. Or a bottle thrown out of a window landed in a car. Such incidents cause damage, but are not related to traffic and are not road traffic accidents. In such cases, if you cannot solve the problem with your neighbors, you should call the police.
At the same time, if you damage someone else's car while getting in or out of your own vehicle or loading and unloading from it, you should not leave - you first need to solve the problem that has arisen. If you left, it will be impossible to prove later that the damage did not occur as a result of an accident. Accordingly, you will have to answer not only for the traffic accident, but also for the fact that you fled the scene.
What to do if there is an accident in the yard
Usually the yard is perceived as a place where nothing bad should happen. Therefore, in case of accidents near their own home, people get confused and do not immediately understand what to do if the accident happened in the courtyard of the house. And you need to do the same thing as in case of road accidents that occurred in any other place. The traffic rules provide for a general procedure, according to which road accidents are not separated by their place of origin.
Accordingly, the driver is obliged to perform priority actions, which include:
- immediate stop of moving vehicles and a ban on traffic that was in place at the time of the incident;
- identification of victims. If any are found, measures should be taken to assist them;
- placing a warning triangle. In the city it is installed at a distance of 15 m from the scene of the incident;
- recording the circumstances of the event;
- deciding how to proceed next.
If the culprit fled the scene
The yard is a fairly quiet place. Therefore, if there are no victims at the scene of the event, the perpetrators are often tempted to leave as quickly as possible, and they often do so. This happens because many people simply do not think about what will happen if the culprit fled the scene of an accident.
Currently, every driver is required to have an MTPL policy. Thanks to this document, compensation for damage caused by the actions of the driver falls on the insurance company. Severe consequences from road accidents in courtyards are rare, so the liability for what happened is small. If you hide from the scene, you can lose your license for 1-1.5 years or find yourself under administrative arrest for up to 15 days.
If, upon leaving the house, you see that the car has been damaged and the culprit has disappeared, do not despair: there are always people in the yard and outside the windows of houses. If you wish, finding eyewitnesses to the incident will not be difficult.
If you were the culprit of the accident
If you are the culprit of a traffic accident in the yard, calm down, take priority measures and try to find the victim if he is not at the scene. Depending on the information that you can obtain from the owner of the car you damaged, the procedure for further registration of the accident depends. If the victim could not be found, call the traffic police to register the incident. Of course, you should not try to leave the scene.
How to register an accident in the yard
The procedure for registering road traffic accidents does not depend on the location of their occurrence. There are two ways to report incidents.
Registration with the involvement of traffic police officers
This method of reporting incidents is the main one. After an accident has occurred and emergency measures have been taken, the traffic police should be notified. Nowadays, they mostly call from a mobile phone, but you can find a landline and call 102 or 112. The second number is the telephone number of the Ministry of Emergency Situations, which is currently the unified emergency service. In the end, you can send a messenger to the traffic police.
The arriving traffic police officers will inspect the scene of the accident, draw up a diagram of it, conduct a series of examinations and register the accident in accordance with the requirements of the law.
Registration of an accident yourself
Currently, it is possible to avoid calling traffic police officers to the scene of an incident and register it according to the so-called European protocol. In this case, the incident must meet a number of criteria:
- no harm done;
- no more than two cars are involved in the accident;
- both participants in the incident have valid MTPL policies;
- both participants in the accident agree on who is responsible for the accident;
- at least one of the participants in the incident has printed standard accident notification forms.
If at least one of these conditions is not met, it will not be possible to do without the participation of traffic police officers.
What is the liability for an accident in the yard?
The punishment that awaits the culprit of the incident depends not on the location of the accident, but on the circumstances of its occurrence and the consequences to which it led. If there were no serious traffic violations, liability will be limited to compensation for damage at the expense of compulsory motor liability insurance.
If the culprit of the accident was drunk, he will be fined in the amount of 30 thousand rubles. In addition, he will be deprived of his rights for a period of one and a half to two years.
If people were injured as a result of the incident, liability may become criminal, and the punishment will depend on the severity of the harm caused to the health of the injured persons.
Is it possible to receive insurance payments in the event of an accident in the yard?
Many people are concerned about whether an accident in the yard of a house is an insured event. It is no secret that insurance companies strive to reduce the amount of compensation paid and quite often try to evade fulfilling their obligations.
When an incident occurs not on the road, but in adjacent territories, in particular in the courtyard of a house, unscrupulous insurers often try to refer to the fact that the insured event did not occur. In this case, you should contact the insurance company with a claim. If you have not received an answer within the period established by law or you are not satisfied with it, you should file a claim in court.
Payments under OSAGO
The compulsory insurance policy for motorists of civil liability covers damage caused by its owner to third parties. That is, the person at fault for the accident will never receive compensation for damages under compulsory motor liability insurance. It is with these policies that problems most often arise regarding road accidents in yards.
The only insured event of these policies is a traffic accident. Often, insurance company employees try to evade liability by stating that an incident in the yard is not an accident. However, if an incident is registered, it is practically impossible for them to avoid liability.
The decision of a Russian court to recognize the fall of a branch onto an Opel car, hit by a Man car while maneuvering in the yard, was widely known. Therefore, if you have problems with insurance payments, stand up for your rights.
Payments under CASCO
Problems arise much less frequently with payments under CASCO insurance. The fact is that this policy does not insure the driver’s liability to third parties, but damage caused to the car. Thus, the sheer number of various types of insured events under this policy is significantly greater; it is more difficult to evade liability, so attempts to avoid it are made less frequently.
Ideally, every car owner should have both CASCO and MTPL policies. Then the damage to the car will be guaranteed to be compensated regardless of the driver’s guilt in the accident.
However, CASCO insurance is not mandatory, and due to its relative high cost, not everyone purchases it.
Finally
Road traffic accidents in yards occur quite often. From a legal point of view, they are no different from road accidents in other places. The main sign of an accident is the participation of at least one vehicle that was moving at the time of the incident. If this sign is present, it is undoubtedly an accident. Consequently, it is possible to obtain compensation for damages under compulsory motor liability insurance at the expense of the culprit’s insurance company.
Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.
What to do if there is an accident in the yard of your house
Seeing an accident on the street is far from the same as seeing an accident happen in the yard of your own home. When such a situation happened under the windows of my apartment, I was confused and even scared. The situation was aggravated by the fact that there were injuries, and the culprit of the accident left the scene.
I know that many people are lost under extraordinary circumstances and do not know how to behave. An accident can easily be called such events, so in this article, I will focus on what to do in case of an accident in the yard of a house. Where to call and what to do at the first moment.
Can a car collision in the yard be considered an emergency?
Incidents involving damage to vehicles in local areas occur quite often. Accidents can be small or large, but in any case they are accidents with certain consequences. Under any circumstances, such events must be described and recorded in the prescribed manner.
Even if one driver entered a yard and accidentally hit another vehicle, the action would be classified as an accident. This procedure is described in clause 1.2. Traffic rules It also provides a detailed explanation of the basic terms and concepts for car owners. If we turn to the terminology, the traffic rules indicate that this is an event that occurs while the vehicle is moving, as a result of which other vehicles, buildings, property of third parties and citizens are damaged. Cases cannot be classified as road accidents when:
- the car was not moving at the time of the collision;
- a man and a cyclist collided;
- a citizen fell onto a standing car.
A collision that does not have consequences and damages also cannot be classified as an accident. All other cases are an emergency and must be registered.
When is it not necessary to call the traffic police, since the call may be classified as false?
When there is an accident, even a minor incident, it is necessary to call a traffic police officer. This will allow you to correctly prepare documents and record participants in the events. Once again, I repeat that even a very minor accident can be classified as an accident.
Sometimes, a citizen who calls the highway patrol draws the wrong conclusions. He considers an accident to be a situation where the presence of an inspector is not required. It is important that the case can be classified as a traffic accident according to traffic rules. Under other circumstances, the person who called the traffic police in vain will be held accountable for his actions.
Who to call if there is an accident in the yard?
When a collision occurs while parking, even if there are minor consequences, it will be considered an accident. This may require calling a police officer.
A witness or eyewitness needs to know where to call. The easiest option is to use an emergency number. Today the following numbers are valid:
- "102" - police;
- "101" - fire service, if there is a fire or a strong collision;
- “103” - when there are injured persons;
- by the insurer's number indicated on the relevant document.
It is necessary to clearly understand what is an insured event and what is not. To receive compensation under compulsory motor liability insurance, you must formulate your own thoughts very clearly and do not forget to obtain the necessary documents. When such papers are missing, it will not be possible to receive payments under the policy. An insured event can include situations where property is damaged or there are injured persons.
What to do before the traffic police arrive?
When the rules for registering an emergency are not followed, the person responsible will subsequently be subject to a serious fine. In such a situation, bystanders or bystanders may be advised to take the following actions:
- Make sure that the car that caused damage to another vehicle is not moving.
- Leave the car in the position it was in the accident.
- Turn on the emergency beacon.
- Install warning triangles.
- Do not remove anything from the accident site until photos and videos of the accident scene have been taken or until authorized persons arrive.
When there are people injured in an accident, it is necessary to provide them with first aid and call doctors. Until the ambulance arrives, support the person in accessible ways. To prove the driver's innocence, witness testimony may be required, so immediately after the police appear, it is worth preparing your own identification card.
If during the incident the guilty person disappeared, then the person present should assist the police officers and describe as accurately as possible the appearance of the offender and his car. If possible, please indicate the vehicle number. All this data is documented in a special protocol.
Conclusion
At the end of the material, the following conclusions can be presented:
- An accident is an incident that has consequences in the form of damage to a vehicle, things, health or life of citizens.
- It is important to correctly identify the violation before calling the police. For a false denunciation, a citizen can be held legally accountable.
- While waiting for the police to arrive, it is necessary to ensure the integrity of the scene of the incident and provide first aid to the victims. When the person responsible has fled, it is important to describe that person and their vehicle as accurately as possible.
Registration of an accident in the yard of a house
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:
- Stop and put the car in neutral (or handbrake).
- 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.
- 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.
- If there are victims in an accident in the yard, you must immediately call an ambulance.
- 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.
- 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.
- Next, an accident diagram is drawn up. It must be agreed upon by both parties to the accident (signatures of each are required).
- 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.
- 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
Under no circumstances 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:
If at least one of the above factors of an accident in the yard occurs, calling the patrol service is mandatory.
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:
Now let's look at the nuances of filling out the back side of the document:
- TS. here the cars are assigned the letter A and B.
- Circumstances of the accident. This section briefly describes the nature of the incident, indicating the date and location.
- The vehicle was under control. It is indicated who exactly was driving each of the cars (owner or not).
- In paragraphs 4-5 there is a dash.
- Can vehicles move?
- Note. Information about the availability of photo or video materials is usually recorded in this section.
For your information
The completed European Protocol for 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:
- 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.
- 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.
- 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:
- Limit the location of the accident with a special sign (15 meters before the car).
- Activate the emergency lights on your car.
- 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.
- 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.
- If possible, find eyewitnesses to the accident. Ideally, if you can take DVR recordings from cars passing by.
- 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).
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.
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.
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:
- 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.
- If necessary, call an ambulance.
- 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.
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.
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.
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.
Features of an accident in the yard
The traffic rules provide for the procedure for moving a vehicle in the yard. Failure to comply with standards or inattention often leads to emergency situations. What features does this type of accident have and how to act in such cases, we will tell you in the article.
Characteristics of an accident in the courtyard of a residential building
In accordance with clause 1.2 of the Traffic Rules, a traffic accident is considered to be a collision of vehicles with each other or with pedestrians. As a consequence of the event, a person or his property is harmed. Often, emergency situations in courtyard complexes of residential buildings are characterized by the difficulty of identifying the person at fault. To determine this, the driving rules in the surrounding area are taken into account:
- Pass-through traffic through the yard is prohibited.
- The speed does not exceed 20 kilometers per hour.
- Pedestrians and other road users have advantages over drivers who are leaving the surrounding area.
- It is prohibited for persons to drive a vehicle while learning to drive.
- Pedestrians have priority when moving around the perimeter of the courtyard area.
It is important to know! The actions of pedestrians should not be aimed at deliberately creating obstacles for vehicles.
Rules for registering an accident
To properly document the incident, each participant must know what to do in the event of an accident in the yard of the house. It is important to note all the details that will later help justify your position. In the event of an accident, participants perform the following algorithm of actions:
- Stop the car.
- Install a sign notifying about the accident at a distance of 15 meters from the scene of the accident.
- Leave the vehicle without changing its position. If traffic police officers or an emergency commissioner are called, the situation does not change until the recording of the accident is completed.
- Call for medical help if there are victims.
- Report the accident to the traffic police department.
- Document the event that occurred.
Participants in an accident have the right to independently resolve the issue if the following factors are present:
- agreement reached;
- no casualties;
- the amount of damage does not exceed 50 thousand rubles.
The parties draw up a diagram of the accident, and also record in photos and videos the area where the cars are located. It is recommended to find witnesses and provide their statements and contact numbers. The Europrotocol consists of two sides. The front of the document displays:
- Location of the accident (exact address).
- Collision time.
- Number of cars.
- Vehicle owners.
- Information from eyewitnesses.
- List of damage received.
- Insurance companies.
- Markings on the diagram.
- Listings of persons completing the filling and witnesses.
On the back of the notice it states:
- Circumstances of the accident.
- Full name of the person who was driving the vehicle at that time.
- Possibility to continue driving the car.
In the notes section, indicate the presence of photos or videos.
A traffic police representative must be called in the following situations:
- A detailed investigation is necessary because three or more vehicles were involved.
- One of the participants does not have a third party insurance contract.
- Harm to human health is caused. The victims include drivers and pedestrians.
- The amount of compensation is over 50,000 rubles.
- Lack of compromise and inability to independently determine the culprit.
Attention! The monetary limit for drawing up the Europrotocol for drivers in Moscow and St. Petersburg has been increased to 400 thousand rubles. The traffic police officer identifies the culprit after studying the case materials.
What to do if the culprit leaves the scene of the accident
First of all, the victim must do everything possible so as not to remain a loser from an accident for which he was not the culprit. If you ignore compliance with safety rules, the visiting traffic police officer has the right to draw up an administrative protocol. In turn, the culprit should know what will happen if he leaves the scene of an accident in the yard. The victim acts as follows:
- Notify about an accident by installing a sign.
- Turn on the emergency lights.
- Remember the license plates of the person at fault. If possible, take photos of them.
- Draw funny incidents. In this case, the location of the vehicle does not change.
- Find eyewitnesses who saw the moment of the collision.
- Call the traffic police.
You also need to act correctly if a cyclist causes an accident in the yard of a house and know what to do if the culprit escapes. This category of road users is subject to the rule of leaving the scene of an accident. Accordingly, he is also responsible for his actions and is obliged to pay compensation.
Penalties
The culprit must understand what will happen if he escapes from the scene of an accident in the yard. In such cases, he is brought to administrative responsibility, which implies deprivation of his driver's license for a period of 12-18 months. Also, by court decision, arrest for fifteen days is possible. In accordance with Art. 27.13 of the Code of Administrative Offenses of Russia, the driver’s vehicle is subject to detention regardless of the type of punishment.
If the judge decides to impose a fine, its amount is determined individually, depending on the following factors:
- scale of consequences;
- number of victims;
- circumstances of the accident.
If you fled the scene of an accident, what will be determined by law in the future for the culprits. After documenting the incident, the person responsible is put on the wanted list. Additionally, a person is held administratively liable in the form of a fine of 800 rubles for driving a vehicle without a valid MTPL policy.
Attention! If a sign warning of an accident is not installed, the person found guilty is obliged to pay a fine of 1,000 rubles.
Is it an insured event?
An event after which the insurance company’s obligation to provide monetary compensation arises refers to insured events. This provision is enshrined in the policy and the law.
Compensation is made to the policyholder, beneficiary, or insured person. This makes clear the answer to the question whether an accident in the yard is an insured event under compulsory motor liability insurance. To receive compensation, participants inform the insurance company representative about the event. It is recommended to do this immediately on the spot. Within the established period, contact the organization and provide a complete package of documentation:
- application requesting compensation for damage;
- passport;
- a copy of the culprit’s compulsory motor liability insurance policy;
- administrative violation protocol;
- certificate of accident.
The insured event will also include damage if you hit the car doors in the parking lot. In this case, both vehicles may not be moving at that moment.
Financial compensation under compulsory motor liability insurance is provided in the following cases:
- Death occurring after an accident. Relatives of a deceased person can receive a maximum of 475 thousand rubles. Funeral expenses are reimbursed in the amount of 25,000 rubles.
- Health suffered. The amount is determined depending on the degree and nature of the damage and treatment. The compensation limit is 500,000 rubles.
- Complete loss of the car.
- The presence of a disability in the person who was injured during the accident.
- Damage to property. The maximum amount of compensation is up to 400 thousand rubles.
Attention! If subsequently an accident causes damage to a minor child, and he is recognized as disabled, compensation is made at 100% of the amount.
The guilty person is obliged to independently compensate for the entire amount of damage if he does not have a valid MTPL policy. If he does not do this, the victim has the right to contact him with a written complaint. The next option is a statement of claim. The filing of a claim and accompanying documents is carried out by a magistrate if the amount of claims does not exceed 50 thousand rubles. In other cases, the application is submitted to the district court.
If the car is insured under CASCO and an accident occurs in the yard, what to do is determined by the terms of the contract. For example, if you were scratched in a parking lot and then disappeared, you should contact the Investigative Committee. Depending on the conditions, when such a risk occurs, it may not be necessary to provide a certificate and an application for payment will be sufficient. It is carried out after an expert assessment.
Correct registration of an accident and coordinated actions of both parties will help to get rid of problems with bringing to administrative responsibility and compensation for damage. It is important to clearly understand what applies to an insured event.
A traffic accident in the yard of a house.
If an accident occurs in the yard, in most cases everything has to be registered with the traffic police. The first actions of drivers depend on the specific situation. Let's consider what a traffic accident is, how to register it with the traffic police, as well as the specifics of the Europrotocol and situations when it is not necessary to call inspectors to the scene of the accident.
What is a traffic accident: definition
An accident is a road traffic accident that results in people being injured or killed, or damage to cars or other property: road signs, lamp posts, etc.
Thus, an accident means any accident, even if the car was slightly damaged: small scratches were left, glass or mirrors were damaged, body parts were deformed.
After the introduction of liability for “dangerous driving,” drivers who get into an accident due to the indirect fault of other road users are still considered the only culprits: for an accident, it is important that there is contact between two vehicles, even if there is no visible damage. The maximum you can do in such a situation is to contact the traffic police with the DVR recordings. If the driver is found and charged with dangerous driving, he will have to pay a fine.
Accidents are not classified according to location. If you have an accident in the courtyard of an apartment building or even a private building, you must register it with the traffic police.
Features of registration of various accidents in the courtyard of a house
Below we will consider the features and step-by-step procedures for different types of accidents.
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Colliding with a pedestrian
A collision with a pedestrian is an accident that results in one or more vehicles coming into contact with a person crossing the road in an authorized or unauthorized place.
If faced with such a situation, drivers must do the following:
- Stop the car, turn on the emergency lights and put up a warning triangle.
- Approach the pedestrian and check his condition. If he cannot speak, it is recommended to determine if there are any visual signs of damage: this may be necessary for emergency assistance.
- Call an ambulance. This is important to do even if the victim himself refuses medical help. In the future, he can independently go to the emergency room or hospital, and in any case you will be called to the traffic police, only in such a situation you will already be considered to have left the scene of the incident.
- Call the traffic police. As in the case of an ambulance, this must be done, otherwise you will be deprived of your driver's license if the pedestrian seeks treatment at the hospital. You may be considered to have left the scene of an accident.
- Take photos and videos at the scene of the incident. You may need this footage for further administrative investigation and your own protection.
- Ask for contact details of witnesses. If you are not guilty and the pedestrian threw himself under the wheels, they will help you defend yourself in court.
- Familiarize yourself with the incident diagram and protocol. Your signature will be required.
If you refuse to sign the protocol, this will not change anything: the inspector will transfer the documents to the traffic police for further administrative investigation and resolution of the issue of prosecution.
Only judicial authorities can hold drivers administratively or criminally liable, but decisions are made on the basis of case materials submitted by the traffic police.
If the driver fled
If you are involved in an accident and the other driver escapes, regardless of who you are - the culprit or the victim - you need to call the traffic police. This is the only way you can find the other side of the accident.
What to do if an accident occurred while you were present in the car, and the other driver fled:
- Stop, put the car in handbrake or gear, put up a stop sign and turn on the hazard lights.
- Try to remember the license plate number, color and make of the car. It's better to take a photo.
- Find witnesses and ask for their phone numbers.
- Call the traffic police to the scene. The inspectors will draw up all the documents and issue a decision to initiate administrative proceedings.
- During the investigation, inspectors are required to request recordings from CCTV cameras and recorders, find the escaped driver and submit documents to the court.
Most often, drivers disappear from the spot if they are driving while intoxicated. The traffic police usually quickly catch such citizens, especially if the accident occurred in the presence of another driver.
The situation changes a little if the accident occurred in your absence and the culprit disappeared:
- Inspect the car for damage. It is also worth paying attention to whether the culprit left his phone number: some people do this to resolve the situation peacefully if they did not wait for you or for some reason could not wait for the traffic police. By law they are required to call inspectors, but in practice there are other situations.
- Call the traffic police, read the documents drawn up on the spot, and sign them.
- Find witnesses and ask if they saw the moment of the collision. It is also recommended to take contact information of eyewitnesses.
If you do not agree with the protocol, this can be reflected in the document itself by writing “I do not agree with what I read.”
If both drivers are present
If you are involved in an accident in the yard and the other driver does not escape, the sequence of actions is as follows:
- Stop and turn off the car, put up a warning triangle and turn on the light signal.
- Make sure there are no casualties in the other vehicle.
- Determine the nature and extent of damage. If there are no disagreements between you and the other driver, you can draw up a Europrotocol and not call the inspectors.
- Take a few general photos and photograph the damage. Take a video of the accident scene, find eyewitnesses and enlist their support.
- If there is a disagreement, call the traffic police. The inspectors will complete all the documents and determine the culprit.
- Go to the traffic police department at the scene of the accident and write an explanatory note. In it, try to describe in as much detail as possible the circumstances of the accident: who was moving where, at what time, etc.
The culprit is issued a resolution to bring him to administrative responsibility. Depending on the type of offense, sanctions of the Code of Administrative Offenses of the Russian Federation will be applied to him, providing for fines or deprivation of a driver’s license.
If they want to deprive you of your rights for violating traffic rules, this is only possible in court. In other cases, an inspection resolution is sufficient to pay a fine.
Practical example:
There is parking in the yard on both sides of the road. Drivers drove out from each side without being convinced of the safety of their actions, which resulted in a collision. Disagreements arose between them, and one of them decided to call the traffic police.
After inspecting the scene of the incident, studying explanatory notes and recordings from the video recorder of a neighboring car that was not injured in the accident, inspectors found that one of the drivers ignored the traffic rules, according to which, when leaving the parking lot at the same time, you need to give way to the car that will be on the right (rule “ interference on the right"). The culprit has been identified and brought to justice.
If there is an accident with casualties
In the yard, accidents with victims occur extremely rarely, but there are also instructions for such a situation.
What should be done:
- Stop the car, place a sign at a distance of 15 m in a populated area, 30 m outside a populated area.
- Determine the number of victims, the nature and severity of injuries visually. At this time, it is recommended to call an ambulance. The dispatcher will need the data to dispatch the team. During the conversation, you should name the exact address of the accident, the number of victims - this determines how many teams will be sent.
- Call the traffic police, describing the situation in detail. Inspectors usually arrive quickly to accidents with injuries or deaths.
- Take photos and videos, find witnesses. If you have a video recorder, you can show the recording from it on site: this will make the inspectors’ work easier.
- If the culprit is not identified, all cars are evacuated to a departmental parking lot until the circumstances are clarified.
- Appear at the traffic police and write an explanatory note.
If the other driver is at fault, you may be able to recover compensation for your injuries. The amount of payments depends on the severity of the injuries and is determined in court. In case of minimal injuries to the victims, the guilty person will only be held administratively liable, and you will have to recover the money through civil proceedings.
If the culprit does not have compulsory motor insurance
Car liability insurance is mandatory for all drivers. If you do not have a compulsory motor liability insurance policy, you will have to pay a fine.
If you are a victim and the culprit offers you a peaceful resolution of the problem instead of calling the traffic police, the choice is yours. He can immediately compensate you for the damage and get a receipt from you, and you will quickly disperse. If you decide to call inspectors, you will have to fill out all the documents and go to the department to give explanations. After this, the insurance company will pay you compensation.
Who is to blame for an accident in the yard?
Determining who is at fault for the accident depends on the specific situation:
- If the driver leaves the adjacent territory, he is obliged to give way to all traffic participants;
- Pedestrians when moving along the road in the yard have an advantage over drivers and must be allowed through;
- If the speed of movement is over 20 km/h in the yard, with a high degree of probability, inspectors may find the driver guilty of such a violation;
- Violation of the ban on through traffic through courtyards. Cars must enter and exit through the same point;
- Failure to provide priority when leaving a parking lot. Here the one who leaves it will be to blame;
- Neglect of the “interference from the right” rule: for example, if drivers leave parking spaces on different sides at the same time and without looking.
Also, a citizen will definitely be found guilty if he left the scene of the incident. The exception is pedestrians: in 99% of cases they have an advantage and the courts take their side.
When can a Europrotocol be issued?
You don’t have to call the traffic police, but fill out the Europrotocol on the spot if:
- No more than two cars were damaged in the accident;
- There were no pedestrians involved in the accident and there were no injuries in the other vehicle;
- The amount of damage does not exceed 400,000 rubles;
- Both drivers have valid MTPL policies and there are no disagreements.
In this case, you have the right to draw up a Europrotocol and independently submit it to the traffic police immediately after the investigation at the scene of the accident.
What to do if you are the culprit?
If you are involved in an accident and admit your guilt, to mitigate liability, you can try to reach an amicable agreement with the other driver:
- Determine the amount of damage yourself. If you have friends who do auto body repairs, you can offer their services and go to them for an estimate. They will tell you the exact cost of the work, which you can reimburse.
- Compensate the victim for damages. When transferring money, it is important to take a receipt indicating the amount, date and place of the transaction. It is also important to indicate that he has no claims against you. If the victim subsequently decides to go to court, the receipt will protect you from unnecessary expenses.
It is possible to negotiate in this way only if there are no people whose health was harmed in the accident. If there are victims, you must call an ambulance and the traffic police.
If there are victims in an accident and you are the culprit, you need to act according to the special instructions presented earlier.
It is also important to consider that it is the responsibility of those at fault to notify their insurance companies. The notification must be submitted within 5 business days after the accident by any of the following methods: in person, by email or by regular mail. If this is not done, the insurer will pay the victim money, and then may make a recourse claim against you, and you will lose a certain amount.
If you get into an accident in the yard, the procedure is approximately the same as in case of accidents on ordinary roads. Accidents are usually registered with the traffic police, and the damage is compensated by insurance companies, but if the drivers manage to reach an agreement, the culprit has the right to pay the money voluntarily against a receipt - such transactions are not prohibited by law.