Accident in a parking lot, the culprit disappeared, what to do?

Parking accident

Statistics on traffic accidents show that one in five car collisions occur in a parking lot near a shopping center, home or place of work.

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In 45% of cases, the culprit leaves the scene of an accident without waiting for the owner of the damaged car.

The owner of a dented vehicle, seeing damage to the car, often comes into a state of shock and does not know how to behave further and what should be done. It is these issues that this article is devoted to.

Is a collision considered an accident?

First of all, it should be noted that a collision between cars in a parking lot is a traffic accident. The definition of an accident is given in the traffic rules (clause 1.2).

According to this document, a road accident is a collision of vehicles that results in damage to vehicles, people, cargo or other property.

In an accident in a parking lot, the car is damaged and its owner suffers material and/or moral harm. What is the charge for an accident in a parking lot?

Such road accidents are not classified as a separate category, but the person responsible for the accident, depending on the circumstances, may be charged (articles of the Code of Administrative Offenses):

Main causes of the incident

Among the many different reasons that lead to a collision in a parking lot, the most common circumstances include:

inability of the driver to maneuver and move in reverse. As a rule, a similar problem arises among novice drivers due to unqualified preparation for passing the driver’s license exam and/or lack of experience;
poor visibility in the parking lot due to low light levels;
poor quality road surface;
driver fatigue, as a result of which the dimensions of the car are not fully felt;
alcohol or other intoxication;
the size of parking spaces marked outside the parking lot does not correspond to the dimensions of the vehicles;
The parking lot is equipped with an automatic barrier and a payment terminal, which not all drivers know how to use.

When driving in reverse

More than 90% of all accidents in parking lots occur due to the driver’s inability to control the vehicle when reversing.

If the parking size does not match

Some parking lots are arranged in a manner that does not comply with the regulations for the location of cars or are marked in a way that does not correspond to the dimensions of the vehicles. Another problem may be that the passage between parking spaces is too narrow.

But according to GOST standards:

the width of the marking lines must be at least 10 cm;
in case of insufficient lighting, the lines should be applied with reflective paint;
minimum width of the roadway – 6 m;
The minimum dimensions of a parking space are 2.3 * 2.5 (for disabled people, the width of the parking space can be increased to 3.5).

Failure to comply with these standards leads to traffic collisions.

With barrier

An example of a parking lot with a barrier is shown in the figure:

To enter the parking lot, you must pay a certain amount through the terminal. As a rule, terminals cannot make change for large bills. All this leads to the driver’s attention being distracted from the situation on the road and, as a result, an accident occurs.

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

If you encounter a collision in a parking lot (or any other place), you should not panic. First of all you need to:

if the vehicles were moving during the collision, then stop immediately;
Next, you need to put up an emergency stop sign and turn on the light alarm on the car, warning other drivers of possible danger;
if people were injured as a result of the collision, then, if possible, provide first aid, and then call an ambulance and the traffic police crew to the scene;

If there are no injured people, then the accident can be registered without traffic police officers (draw up a European protocol).

then you need to photograph the scene. Photographs must record the location of the vehicles relative to the environment and each other, as well as all objects that are directly or indirectly related to the car accident;
If possible, find witnesses to the incident. If the collision occurred in a parking lot near a shopping center, then it is possible that the moment of the collision was captured by the video camera;
file an accident in full form.

After receiving (or independently filing) documents about a car accident, you can contact the insurance company to receive compensation.

Download a sample of filling out a notification about an accident here.

Is it necessary to put up a warning triangle?

Displaying a warning triangle is mandatory in any accident. This aspect is fixed in paragraph 7.2 of the traffic rules.

An emergency sign is posted at a distance of more than 15 m from the collision site. This action is aimed at attracting the attention of other road users.

How to register correctly

A collision between vehicles that occurred in a parking lot can be documented:

independently (by drawing up a European protocol). This registration principle is possible if no more than 2 cars are involved in the accident, there is no disagreement between the participants in the accident regarding guilt and damage caused, both vehicles are insured and compulsory motor liability insurance is in force at the time of the collision, the damage caused does not exceed 50,000 rubles;
with the participation of traffic police officers.

After calling the traffic police to the scene of a traffic collision, you must:

take photographs of the scene of the incident;
remove vehicles from the roadway so that there are no obstacles for the movement of other vehicles.

State Traffic Inspectorate employees are required to:

draw up a diagram of a traffic accident;
determine the culprit of the collision;
inspect vehicles and identify (describe in detail) the damage received;
interview witnesses if available or view video footage of the collision;
draw up a protocol that reflects all the most important aspects of the road accident.

The European protocol and the protocol drawn up by traffic police officers are equivalent documents, on the basis of which the injured party has the right to receive an insurance payment.

How to make a diagram

The most important aspect when filing a road accident yourself is the correct drawing up of a diagram of the incident.

The road accident diagram must contain:

accident scene. If an accident occurred in a parking lot, then the location of the accident will be a schematic representation of a separate part of the parking lot. At the same time, the location of neighboring cars is also indicated, if any were abandoned;
the location of the vehicles after the collision, that is, as soon as the vehicles stopped in this position they should be recorded on the diagram;
the direction of movement of cars or one of them when only one vehicle is moving;
marking lines available in the parking lot and related to the accident that occurred, as well as other road signs, if any;
Additionally, you can indicate the names of neighboring streets (in case of an accident in a parking lot in the yard, also house numbers) and/or a nearby shopping center.

In separate columns you can indicate the place where the first blow in the collision occurred.

If an accident is registered by traffic police officers, then a diagram of the incident is drawn up by authorized persons.

However, each driver is obliged to make sure that the diagram drawn is correct and to clarify all discrepancies at the scene of the accident, if any.

Is it an insured event?

Currently, a car collision that occurs in a parking lot is considered an insured event (MTPL Law). These changes were made to the main document by Resolution No. 131 of February 28, 2008.

What to do if the culprit escaped

There are situations when the owner of a car approaches a parking spot and notices that the vehicle is damaged, and the culprit has left the scene of the accident.

Further events can develop in two directions:

The culprit of the accident left a note in the parking lot on the windshield of the damaged car, indicating his information and phone number.
There is no information about the identity of the culprit.

In both situations it is recommended:

do not move the car from the scene of the accident;
call traffic police officers to draw up a report.

If there is information about the culprit (known from the note), try to contact the person yourself.

If it is not possible to identify the culprit, it is recommended:

try to find witnesses to the incident;
try to find a recording of the accident from CCTV cameras;
record all aspects that may indicate the identity of the culprit or help identify the make and model of the car. Such factors may include: tire tread marks on the asphalt, fragments containing paint, and so on.

After the State Traffic Inspectorate officers arrive, talk in detail about all known factors, paying attention to tire tracks and fragments of the culprit’s body.

Next, you need to proceed with the patrol crew to the nearest department, where you submit a written application to search for the culprit of the accident.

When the application is submitted to law enforcement agencies, employees are required to carry out search activities. In most cases, determining who is at fault for a car accident is not difficult.

It should be remembered that the injured party is primarily interested in finding the culprit, since in the absence of the culprit it is impossible to receive an insurance payment.

For leaving the scene of a traffic accident, under Article 12.27 of the Code of Administrative Offences, the person responsible for the accident may be punished:

arrest for up to 15 days;
deprivation of a driver's license for a period of 1–1.6 years.

The choice of punishment for an administrative offense is determined by the judicial authorities. In some cases, for example, unintentionally leaving the scene of an accident or in case of minor damage, the punishment provided for in Article 12.27 can be replaced by a verbal warning or a fine in the amount of 500 - 1,500 rubles.

Traffic accidents in parking lots are not rare. There are many reasons for a collision at a minimum vehicle speed.

The most common of them is the lack of experience when driving a car in reverse. You can receive an insurance payment in case of an accident in a parking lot only if the culprit of the accident is identified and found.

What to do in case of an accident at a railroad crossing is shown on this page.

Punishment for an accident without a license while intoxicated is covered in the information.

Video: punishment for leaving an accident

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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What to do in case of an accident in a parking lot if the culprit escaped

A parking lot is a relatively small place for a mass of cars to accumulate. Statistics show that up to 40% of accidents in cities occur at these sites. There is nothing surprising in this, since in a small space several cars are trying to pass each other and make maneuvers at once. Sometimes this ends in accidents. And it doesn’t always end with a bumper dented against a fence.

So, this article will tell you about an accident in a parking lot: the culprit fled, what should the victim do, what is the responsibility of the fugitive driver.

Is an accident in a parking lot considered an accident?

The concept of a traffic accident is given in paragraph 1.2 of the Traffic Rules. In accordance with them, an accident can be considered a road accident:

occurred as a result of the movement of a vehicle;
involving a vehicle;
resulting in material damage or harm to human life and health.

The driver should not be confused by what the definition says about the road. In accordance with the same paragraph of the rules, parking is considered part of the road or road infrastructure. Therefore, if an accident occurs involving a vehicle, we can safely talk about an accident from the point of view of the traffic accident. However, other factors and circumstances of the case must be taken into account. For example, if a driver damaged a parking fencing post, then the case should most likely be examined as damage to property. In this case, there is no point in calling the traffic police. It is enough to compensate for the damage in the manner established by the Civil Code of the Russian Federation.

Traffic regulations do not say that an accident must involve two or more cars, but the damage must be caused by moving vehicles. So, if a lamppost or tree fell on a parked car in the parking lot, then the issue will also have to be resolved in the Civil Code of the Russian Federation. Such matters are not within the competence of the traffic police.

So, an accident in a parking lot will be considered an accident, taking into account the same criteria as a vehicle collision in any other place.

Should I contact the traffic police and insurance after an accident in the parking lot?

The answer to this question depends on many factors. If, by all indications, an accident has occurred and damage has been caused to the vehicle, then you must contact the insurance company. Moreover, with CASCO insurance, insurance risks go beyond the concept of an accident, and therefore informing the insurer about them is mandatory.

If all participants in the accident are at the scene, then contacting the traffic police is not always necessary. In the Russian Federation, it is allowed to register an accident in accordance with the European protocol. In this case, calling a traffic police inspector will not be required. But both participants in the accident will need to contact the insurance company within 5 days.

Considering that traffic accidents in parking lots rarely cause much damage, most of them can be documented using the European OSAGO protocol. The situation is different: if people were injured or more than 2 cars collided, or damage was caused to the property of third parties, you will have to call the traffic police. It is also necessary to call inspectors if the culprit of the accident escaped. Firstly, only the inspector will be able to prepare all the documents for the insurance company. Secondly, the culprit must be brought to administrative and sometimes criminal liability.

Is it necessary to search for a getaway driver?

Even if those involved in an accident have no dispute about guilt, they must remain at the scene and must take all measures to keep the scene intact. For this purpose, warning triangles are installed. If the injured driver is left alone, then this responsibility remains with him.

No legal act obliges the victim to search for the escaped driver. Also, there is no obligation for anyone to help the driver in the search. However, it is definitely worth asking witnesses to leave contact information.

In the case of parking accidents, the specifics of the scene must be taken into account. There is not a lot of space here, the speeds are low, and the damage is not severe. Sometimes the driver simply does not notice them. Nowadays, most institutions, shopping and entertainment centers, and even apartment high-rises have CCTV cameras installed. Often not even alone. Registrar records also help.

Thanks to this, it becomes easier to identify the culprit of the accident.

Attention! The traffic police inspector can fully count on assistance. He will request camera footage and interview witnesses.

If the culprit who left the accident returns

Explanations on this issue are provided by the practice of the Supreme Court of the Russian Federation. Based on it, everything will depend on whether the culprit managed to return to the place before the traffic police officers appeared. Sometimes, in minor accidents, a person does not immediately even realize that a collision has occurred. Only upon arriving home does he notice damage to the car and wonder where he got it. As a result, he returns to the scene of the accident. If this happened before the inspectors arrived, then, as a rule, he faces only a small fine under Part 1 of Art. 12.27 Code of Administrative Offences. Of course, these standards cannot be applied to accidents with casualties. If there is a collision with a pedestrian in a parking lot, it is difficult not to notice. A person remains in danger and this is a completely different matter.

However, this trick can be used by drunk drivers who quickly return home and ask another driver to return to the scene of the accident.

The consequences depend on whether it can be proven who was driving at the time of the accident.

Responsibility for leaving the scene of an accident in a parking lot

A car accident, even with minor damage, can be a stressful situation. Usually the damage is minor, but sometimes the driver does not immediately understand the essence of what happened and leaves the scene. By fleeing, the culprit of the accident creates an administrative offense, and sometimes even a crime. Rules of Art. 12.27 of the Code of Administrative Offenses apply only to those cases where Art. 264 of the Criminal Code of the Russian Federation.

So, if what happened has all the signs of an accident and the culprit left the parking lot, he faces under Part 2 of Art. 12.27 Code of Administrative Offences:

From 1 to 1.5 years of deprivation of driving license.
15 days of administrative arrest.

The punishment is chosen at the discretion of the court. In addition, a penalty will be imposed for the traffic violation itself that caused the accident. If, as a result of an accident, serious harm to health or death is caused, then liability is assigned according to the Criminal Code of the Russian Federation.

So, if a collision occurs in a parking lot, the victim must take measures to preserve the scene of the accident and collect data from witnesses. Calling the traffic police in such a situation is mandatory.

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.

Traffic accident (accident) in a parking lot, what should the victim and the culprit do?

The content of the article

Almost every city nowadays has large shopping centers and, accordingly, next to them there are huge areas with parking spaces for visitors to the centers.

Accidents in such parking lots, despite their large areas, are not uncommon. There are legends among inexperienced vehicle drivers that if a car gets stuck in a parking lot, it is not possible to receive compensation from the insurance company and that it is better to simply part ways amicably with the other driver, solving all the problems on the spot. But this is a big misconception and it is always necessary to study the situation in detail.

Accident in a parking lot - who is to blame and what to do?

We can assume two scenarios for the development of the situation in the event of an accident in a parking lot or parking lot:

The collision occurred and the alleged culprit remains in the same place.
You discovered damage to your car, but the driver of the car who caused the damage fled the scene of the accident.

In the first case, it is necessary to call the traffic police officers to register a traffic accident. They will need to record:

Based on the last point, it will be possible to determine the culprit of the accident.

Important! In the second case, if the intruder disappeared, leaving you only scratches, you shouldn’t get upset or panic either, not everything is lost.

You should also call traffic police inspectors to formalize this case. Please note that there are CCTV cameras in the parking lot or parking area. You can contact the administration of the shopping center, if the accident occurred in their parking lot, with a request to provide you with such material. If such an opportunity exists at the time of registering the incident with employees, ask them to indicate in the documents that video material is attached. Be sure to remember to find and attract witnesses to what happened and write down their phone numbers. There is a possibility that they remembered the license plate number of the vehicle of the escaped culprit and in the future it will not be difficult to prove the fact of his administrative violation and bring him to justice.

Registration of an accident in the parking lot

If there is a collision between two vehicles in a parking lot, drivers have the right to file an accident in two different ways:

independently, drawing up a European protocol;
with the help of traffic police officers.

In case of registration of an accident with the help of traffic police officers, the following actions should be taken:

photo or video recording of the scene of the incident;
remove vehicles from the scene of an accident so that they do not create obstacles for other drivers.

Traffic police officers must carry out the following actions:

drawing up a map of the accident scene;
inspection of vehicles and identification of damage;
determination of the culprit of the accident;
interviewing witnesses (if any) or viewing video recordings of the incident;
registration of the protocol.

After the inspection officer has performed all the specified actions, he is obliged to issue a copy of the compiled protocol to all participants in the accident. This document serves as an evidence base when determining the guilt of one of the drivers in court and submitting a package of documents to the insurance company for compensation for damage caused by damage to the car.

If the accident was recorded using a European protocol, then the injured driver has the right to submit an application to the insurance company for compensation for the damage caused, since the European protocol is equivalent to documents drawn up by an inspection employee.

Important! If the accident occurred as a result of a collision of more than two vehicles, insurance payment in the form of direct compensation is not made.

It is worth considering that a European protocol is drawn up only when two vehicles are involved in an accident, and the participants in the incident have no disagreement about guilt and damage caused. The liability of vehicle owners must also be insured, and the MTPL agreement itself must be valid at the time of the accident.

When registering an incident according to the European protocol, participants in an accident must:

take photographs or videotape the scene of the accident;
attract witnesses;
draw a diagram yourself, and with the consent of both drivers, enter it into the notification form;
describe the nature of damage to vehicles;
indicate the guilty party in the notice;
sign a fully completed and agreed upon notice by the parties;
remove cars from the roadway only after a notice has been issued.

An important aspect when registering an accident using a European protocol is drawing up a diagram of the scene of the accident. The traffic accident diagram must contain:

The location of the accident in the parking lot - you should use a diagram to depict a separate part of the parking lot. If there are cars nearby, then they also need to be included in the diagram.
Location of vehicles - record on the diagram the location of vehicles after the incident.
Direction of movement of vehicles. If the movement was made by only one car, then record only its movement on the diagram.
Marking lines and other signs located at the scene of an accident.
Indicate the name of the shopping center or neighboring streets or businesses if the accident occurred in the organization’s parking lot.

In an additional description, you can indicate the location where the impact occurred during a vehicle collision.

Important! It should be remembered when drawing up a European protocol and the occurrence of an accident that it is necessary to notify the insurance service about the occurrence of such an event.

Leaving the scene of an accident in a parking lot

In stressful situations, drivers often try to hide in the hope that no one saw or heard anything and that responsibility can be avoided. While reversing, for example, in the same parking lot, you might think about it, hit a car parked behind you, and drive away in a fit of panic. Doing this is not only wrong, it can be more expensive and even threatens with the loss of your driver’s license.

You need to calm down, wait for the owner of the damaged vehicle, and again call the traffic police officers to draw up the necessary documents. Yes, it is possible that a fine cannot be avoided. But if you just drive away, you may lose your license for leaving the scene of an accident. Judicial practice in such cases is almost unambiguous.

Important! Leaving the scene of an accident is punishable by deprivation of the right to drive a vehicle.

Fine for an accident in a parking lot

The main violation of the rules of movement and maneuvering in an accident in a parking lot occurs when reversing. The Traffic Rules quite clearly describe the situation in which reversing is possible:

driving in this form will be safe and will not interfere with other drivers;
You can resort to the help of passers-by in case of poor visibility.

Reversing is strictly prohibited:

at crossroads,
where there is a ban on turning around: at pedestrian crossings, in tunnels, on bridges, overpasses, overpasses and under them, at railway crossings, in places with road visibility in at least one direction of less than 100 m, in places where route vehicles stop.

Based on the violation of the relevant paragraphs of the Traffic Rules, Article 12.14 of the Code of the Russian Federation on Administrative Offenses provides for administrative liability in the form of a fine for violating the rules of maneuvering.

That is, when reversing, hitting a standing vehicle from behind, in almost 90% of cases the fault will be found with the moving vehicle.

So, if such an unpleasant incident occurs as an accident in a parking lot or parking lot, then the most important thing is that everything eventually becomes documented, the network is reflected on paper and preferably on an official one. If you are the culprit of damage that occurred on someone else’s car, and the owner is not around, you definitely shouldn’t leave without waiting for him. If you are a victim, then you need to try to collect as much different evidence and testimony of witnesses as possible to prove the violations of the culprit.

I would still like to summarize that no matter what judicial practice has developed, everything must be considered from different angles, with all sorts of details and clarifications. When you turn to the help of lawyers, they will be able, after analyzing your documents, to determine the further development of the situation that is most successful for you. In practice, there have been cases when one number “changed” the outcome of a case in court.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge.

What to do during an accident in a parking lot

What to do during an accident in a parking lot
Accident in a parking lot - is it an accident or not?
If one car didn't move
Is the accident a door strike?
Is it an insured event?
How to identify the culprit
What to do if you have an accident in a parking lot
Video: what to do in case of an accident in a parking lot
Drawing up the Europrotocol
Scheme of an accident in a parking lot

Unfortunately, in the modern world, accidents are not uncommon. And in places where there is a high concentration of cars, the risk of finding yourself in such a situation increases, for example, in a parking lot. To understand what to do in such a situation and how to identify the culprit, read on.

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

First of all, you need to understand what an accident is. This abbreviation means a traffic accident that occurred while a vehicle was driving on the road with its direct participation. In this case, people could be injured or killed, as well as damage to material property.

The following signs are typical for an accident:

involvement of two or more vehicles;
significant damage;
one of the vehicles was in motion;
the possibility of causing harm to the health of pedestrians.

According to clause 1.2 of the traffic rules, the concept of an accident includes an incident within the roadway and roadside area. To understand whether this definition applies to parking, take a look at the following list of areas that are usually classified as roadside zones:

areas near residential buildings;
parking in shopping centers, stadiums and other public places;
parking spaces at establishments (cafes, restaurants, gas stations, etc.).

From this it is clear that parking accidents are classified as road accidents and are covered by insurance. If both cars were moving and were damaged as a result of a collision, then both drivers, if they have a valid MTPL policy, can simply seek compensation from the insurance company.

If one car didn't move

A more common case is when only one of the cars was in motion. As a rule, drivers often hit cars that are already parked nearby for various reasons:

malfunction of the product;
non-compliance of parking lot markings with standards;
overestimating or underestimating the dimensions of the product;
violation of parking rules by the driver of an already parked car.

Such situations also fall under the concept of road accidents and can serve as a reason for compensation for damages. Incidents are not considered an accident only when both vehicles were turned off and the damage was caused by a stationary vehicle.

Is the accident a door strike?

An integral part of any road accident is the presence of damage to property or human health. A minor incident, such as a door hitting a nearby car, is not considered an accident. The presence of scratches is also not considered serious damage. However, in exceptional cases, it is possible to involve employees of special bodies who conduct an examination, measuring the force of the blow and the scale of the damage caused, which may entail punishment on the part of the culprit.

Is it an insured event?

Finding yourself in such a situation, first of all a person longs for justice and, of course, compensation. And it is right. All cases on roads and roadside areas where your car received any damage are covered by insurance. However, not all of them are covered by the MTPL policy.

The compensation you can receive in different cases:

In the parking lot, your car was hit by someone else's car, resulting in damage. According to compulsory motor liability insurance, this is an insured event and you can demand compensation for damage from the insurance company of the culprit.
An icicle fell on your car. This kind of damage will only be compensated by a CASCO policy.
A person passing by touched any kind of structure that collapsed on your car. This situation is not insurance and you can only receive compensation directly from this person.
If you drove into a fence and were damaged. This is not an insurance case.

It should be remembered that all accident cases are unique and require timely intervention by road service employees.

How to identify the culprit

Quite often, when involved in an accident, both parties consider themselves innocent or insist that the other participant is guilty. In such cases, you should act in a certain way in order to avoid getting into an unpleasant situation and restore justice:

If possible, attract and interview all possible witnesses who can describe what happened and refute your guilt, or confirm the guilt of the second participant. Witnesses and their testimony must also be indicated in the explanation.
Recordings from DVRs, as well as from CCTV cameras if there were any nearby, will be of great help. To do this, you need to contact the owners of the cameras with a request not to erase the recording and provide it as material for the investigation.

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

When you yourself are faced with such a situation, first of all, you should not panic, much less try to hide. Even if you know that you are guilty of what happened, the intervention of traffic police officers can help establish mutual guilt. In this case, both participants in the accident will receive compensation from insurance companies in the amount of 50% of the total damage caused.

So, if you suddenly get into an accident in a parking lot, then try to follow these steps:

If anyone is injured as a result of the incident, first aid should be provided. Failure to provide it may become an aggravating circumstance in the future. If the injury is severe, call an ambulance immediately.
Then turn on the hazard lights and put up a warning sign.
If possible, do not touch the car, leave everything as it was. This way, all evidence will be preserved by the time special services arrive. It is advisable to photograph and write down everything that will help later reconstruct the picture of the incident.
It is necessary to call the traffic police.
Write a written explanation describing the entire situation. It will be attached to the materials of the administrative case. It is important to indicate in it why you think that the second participant is the cause of the accident. When writing an explanation, it is recommended to refer to the traffic rules that the culprit violated, as well as to the points that you followed.
Be sure to write down all the details of the second party involved in the accident. This way you will know who to file claims against in court.
After you've called the highway patrol, call your insurance company. Its representative will come to you and also inspect the situation, as a result of which compensation for damage is possible.

Video: what to do in case of an accident in a parking lot

Drawing up the Europrotocol

The European protocol allows for a simplified procedure for registering an incident. This is only possible if the following points are present:

no harm done;
no more than two vehicles were damaged;
both participants in the accident agreed on who is to blame;
the scale of damage is small.

If at least one of these points is not correct, then the intervention of traffic police officers is necessary.

It is better to print the agreement in advance, but you can also write it by hand.
All fields can be filled out by one participant, but if you doubt that the data will be entered correctly, everyone can fill out their fields independently.
The document indicates the location of the incident, date and time, information about witnesses (if any), a description of the damage, circumstances and causes of the accident. The form also includes a field for an accident diagram. In this field it is necessary to schematically depict the parking lot where the events unfolded. It is important to indicate the position and direction of cars, the presence of foreign objects, traffic lights and other landmarks.

This report must be submitted to the insurance company no later than 15 days from the date of the accident.

Scheme of an accident in a parking lot

The road accident diagram is aimed at ensuring that employees of the relevant services can understand the situation in the future. Don't worry - no artistic skills are needed here. In fact, there are no clear requirements for this scheme and a minimal designation of the main elements will be sufficient. All you need to do is draw on a hard surface, as the drawing must be readable and understandable. Service employees should not have any additional questions.

It needs to show:

How many cars were involved, their position before the accident. The direction of their movement and any obstacles.
All signs and traffic lights are nearby.
Other vehicles, if they in any way influenced the incident.
When depicting a road, you should convey its width and number of lanes, and markings.
Location of the first collision.
Position of cars after the incident.

If the diagram is not drawn up clearly and it seems impossible to analyze the situation based on it, then it is not taken into account when analyzing an accident. It is also recommended that each participant first draw a draft version themselves in order to identify inaccuracies together and then only transfer them to the protocol.

Is it necessary to display a warning triangle?

Although the parking lot is not considered part of the road, traffic rules state that in any case of an accident, a warning triangle must be displayed. Failure to comply with this rule may result in a fine for the driver. According to established standards, this sign should be located at a distance of no closer than 15 m to the car. Don't be put off by the fact that it looks out of place in a parking lot. It is better to follow all the rules than to later challenge the issued fine.

If the culprit escaped

Unfortunately, a huge percentage of drivers whose fault the accident occurred are simply in a hurry to escape. This is due to several reasons:

the driver does not realize what he faces for this;
the driver simply did not notice that he had caused damage.

Oddly enough, the second case is even more common. Especially among drivers of large vehicles, which can often hit a passenger car. However, this does not relieve him of the need to suffer punishment, which, by the way, is very harsh. There is no penalty for such behavior. The punishment is the confiscation of driving privileges and arrest.

There are cases in which you can leave the scene of an accident with impunity:

if the damage is minor and both parties agree to separate;
if the Europrotocol has been drawn up.

Put up an emergency sign.
Call the traffic police.
Write down all the data that you can remember. The make of the car, its color, size, model, as well as numbers are important. If you did not have time to record this, then try to find and interview witnesses. Check the DVR footage, or check for CCTV cameras around.

Most likely, you will have to go with the employees to the station, where you will be asked to submit a written statement about what happened. Then inform your insurance company of the situation. Compensation can only be obtained if the culprit can be identified, and this already depends on the effectiveness of the police.

Punishments for traffic violations are becoming tougher every year. In 2019, fines in the Russian Federation are:

for violation of the obligations stipulated by the traffic rules in the event of an accident - 1,000 rubles;
for the use of psychotropic and alcoholic drugs by the driver after an accident - 30,000 rubles. (this may also be punishable by imprisonment for up to 2 years);
For leaving the scene of an accident, the participant faces deprivation of his license for up to 2 years.

Now you know everything about how to behave correctly in the event of an accident in a parking lot. Don't ignore the rules and justice will be on your side.

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