Accident in the yard of the house, the culprit disappeared

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.

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.

What to do in case of an accident in the yard or in the parking lot if the culprit escaped (MTPL / CASCO)

Your car can get into an accident not only on the highway or at city junctions, an accident can also happen in the yard of your house or in a parking lot near a shopping center. It is often quite difficult for young, inexperienced drivers to park their car correctly in a parking lot or drive through narrow yards with parked cars, which is why minor accidents are not uncommon in these locations in modern cities. Even if during such an accident your car received minor damage in the form of a scratch on the fender or a broken bumper, someone has to pay for this damage, and what if the culprit fled the scene of the accident?

Let's figure out what to do and what to do in case of an accident in the yard or in the parking lot if the culprit escaped!

Is an accident in the yard or parking lot an insured event?

Firstly, it is important to understand that accidents in such locations as a local area or parking lot are insured events under compulsory motor liability insurance. Thus, even if the culprit left the scene of the accident before you discovered the damage to your vehicle, there is a chance to receive compensation or have the car repaired. According to Federal Law N 40-FZ “On compulsory insurance of civil liability of vehicle owners” dated April 25, 2002 (latest edition), an accident in the local area, as well as in the parking lots of shopping or business centers, is an insured event and insurance companies are required by law to compensate for the damage caused. the injured party receives damages under motorists' liability insurance.

The algorithm of actions of the injured party depends on where exactly the accident occurred, what the damage was from the accident and whether the injured party has a CASCO insurance policy. Now we will tell you how to behave and what to do if after an accident in the yard or in the parking lot the culprit disappeared.

What to do in case of an accident in the yard or in the parking lot when the culprit has disappeared?

The most important thing after discovering damage to a parked car is to try to find witnesses to the accident, or recordings from DVRs of nearby cars, or video from outdoor surveillance cameras in the yard or parking lot. The presence of witnesses and video recordings will greatly increase the chances of identifying the culprit of a traffic accident or at least identifying his vehicle. All this is necessary if you do not have CASCO insurance, and you are only counting on compensation under the MTPL of the culprit.

If you purchased a CASCO policy, then it is worth re-reading the terms of the insurance contract; in some cases, you will not need to file an accident by calling traffic cops, since the insurance company under the contract has agreed to compensate for minor damage without a certificate from the traffic police. However, if you have CASCO with a deductible and the amount of damage is below the deductible limit, you will either have to repair it at your own expense, or still look for the culprit and claim the damage under OSAGO!

Please note that if the damage to your parked car was caused not by another car, but by a pedestrian or some intruders (for example, someone who threw an object from a house window onto the roof of your car, or broke the windows and headlights of your car), then road transport this is not an incident. In such cases, you need to call not the traffic police, but the local police officer, and recover damages from the culprit who caused the damage in the general manner.

As we have already said, video recordings from CCTV cameras or video recorders can greatly facilitate the procedure for identifying the culprit of an incident. But you may run into problems claiming government surveillance camera footage. If the accident caused only minor damage to the car, and no people were injured, then you should not count on active cooperation from government operators of external surveillance cameras, but the security service of the business center near which the parking lot is located, or the store (with the parking lot where the accident occurred) Road accident) can help, as can the administrator who manages the cameras of the management company (management company) placed on the facades of buildings and at the entrances to the entrances (if there is one in your yard). Remember that no one is obliged to provide you with video footage in the event of a minor accident, but you can ask, explaining your problem.

Is video recording of the moment of an accident a guarantee of receiving compensation?

You should know that even after receiving a video recording of the moment of an accident from CCTV cameras, or DVRs of parked or passing cars, and establishing the license plate number of the culprit’s car, it is not always easy to compensate for your damage. Sometimes, in order to receive compensation or repair your car, you have to hire an automobile lawyer, or contact a law office that specializes in traffic accidents and disputes with insurance companies.

By the way, often the culprits of an accident in the yard can be your neighbors (from your or your neighbors’ houses), so you should immediately inspect the cars parked next to your car for traces of fresh scratches and damage. And also keep an eye out for fresh body repairs on your neighbor’s vehicles, done immediately after the accident in which your car was damaged the day before (this could be indirect confirmation that your neighbor walked on your fender with his bumper). If you find fresh traces of damage or repairs to someone else's neighbor's car, which could potentially remain on it after an accident with your car, it is worth talking to the owner and asking him directly, warning him about sanctions if there is evidence of the fact that he left the scene of an accident (up to the deprivation of his driver's license for 1.5 years).

When you have established the identity of the culprit, remember that according to the law, if you, as a victim, intend to exercise your right to insurance compensation, then you are obliged to notify the insurance company of the occurrence of an insured event at the first opportunity and, within the time limits established by the rules of compulsory motor liability insurance, send an application for compensation to the insurer and documents provided for by the rules of compulsory motor third party liability insurance, in accordance with paragraph 3, article 11, of Federal Law No. 40-FZ. If we are talking about notifying the insurance company under a CASCO policy, then the period is limited to 5 days!

Traffic accident in the yard of a house

You may be the most careful, attentive and professional driver in the world, but this will not insure your car against damage resulting from an accident in your yard. A traffic accident in the courtyard of a house is a headache not only for car owners, but also for traffic police officers. The difficulty is that such mini-accidents occur very often, but it is not always possible to identify the culprit in them, since each participant in the accident does not consider himself to be at fault.

Actions in case of an accident in the yard

In the absence of witnesses to a traffic accident, it can sometimes be extremely difficult to identify the offender. When involved in an accident in the yard, the driver is recommended to take the following actions:

Stop and put the car on the handbrake.
Turn on the emergency lights and place an emergency sign 15 meters from the incident (otherwise you will face a fine of 1,000 rubles ).
Don't change things. Before photographing and video shooting, do not move cars or parts that have fallen off them.
If there are victims in an accident, you should immediately call an ambulance.
Call the traffic police if you have a complaint against another driver.
Take photos and videos. The filmed materials must contain the license plates of both cars, details of the accident, a panorama of the yard and damage.
Draw up an accident report together with the other driver.
If an accident occupies the road and prevents the passage of cars, it is necessary to clear it (otherwise a fine of 1000 rubles is possible).
Try to find witnesses to the accident in the yard. If they cannot wait with you for the traffic police to arrive, write down their contact information.
Wait for the traffic police to arrive.

If you act in accordance with these recommendations, this will help you resolve the situation of a traffic accident in your yard as competently as possible and avoid fines.

Is a car collision in a backyard considered a traffic accident?

Statistical surveys say that most motorists cannot clearly answer the question: is a car collision in the yard a full-fledged traffic accident?

According to the traffic rules, an accident, like a traffic accident, can occur on the road and in the area adjacent to it. In fact, the yard is the adjacent territory.

Therefore, a collision of two or more cars in a yard is a full-fledged accident. This means that the road traffic accident must be documented in accordance with this fact.

Features of the Europrotocol design

Europrotocol is a document drawn up jointly by both participants in an accident in the yard without calling traffic police officers with the possibility of receiving compensation for damage.

You will save a lot of time and nerves if you draw up a European protocol. But this is only possible if all the following conditions are met:

Only 2 cars were involved in an accident in the yard;
both drivers are insured by the MTPL policy and have certificates with them;
there are no casualties;
the amount of material compensation does not exceed 400,000 rubles.

When the damage to an innocent driver does not exceed 100,000 rubles, it is permissible to draw up a Europrotocol using a paper form, even if there are disagreements. In case of damages from an accident from 100,000 rubles. up to 400,000 rub. It is permissible to draw up a Europrotocol only if there are no disagreements and using the special application “Accident.Europrotocol”.

Who is to blame for an accident in the yard?

Car collisions in the courtyard of a house very often provoke controversial situations, and it is extremely difficult to identify the culprit in this type of accident. To understand who is to blame for a traffic accident, it is necessary to be guided by traffic rules that depend on the part of the road in the adjacent territory (i.e., the yard) on which the incident occurred.

If one road in the yard intersects with another similar one, provided there are no signposts, traffic rule 8.9 comes into force (i.e. obstacle on the right).
When leaving the yard, each car is required to give way to all other traffic participants, and when entering the yard - to pedestrians, cyclists, etc.
If the collision occurred on a section of the road on which one lane is completely or partially occupied by another car and in order to continue driving you can only use one side, then you must rely on traffic rule 11.7, i.e. The driver who has any obstacle on his side must give way.

If these rules are not followed, you may end up causing an accident in your yard.

What to do if the culprit escaped?

The only thing worse than the traffic accident itself is an accident without the culprit of the accident, who fled the scene. If you find yourself in such a situation, then try to remain calm and act in accordance with the recommendations that will help you turn the unpleasant incident into your favor.

If the culprit of an accident in the courtyard of a house fled the scene of the crime, then you must act as follows:

Limit the scene of the incident 15 meters with signposts. Turn on the hazard lights.
If you managed to notice the culprit of the accident, then try to photograph his car, license plates and any details that would later help you find him.
Do not change the position of the car after an accident in the yard. All consequences of the accident must remain unchanged in their places. Take photographs of the scene of the accident and try to depict in as much detail as possible the diagram of the traffic accident that occurred.
Try to find witnesses to the incident. Traffic police officers will need their coordinates. If it is possible to obtain video materials from home cameras or DVRs of passing cars, then collect them and also provide them to the traffic police officer.
Call the traffic police to the scene of the accident to conduct further investigation of the incident.

The driver who fled the scene of an accident in the courtyard of the house will be brought to administrative responsibility. He faces arrest for up to 15 days, as well as deprivation of rights for a period of 1 to 1.5 years and, of course, financial compensation to the victim.

What to do if you are the culprit of a traffic accident in your yard?

Neither experience nor driving class often insures against unforeseen traffic accidents. If it just so happens that you were the culprit of an accident in the yard, then the best thing you can do is admit your guilt and meet the injured driver.

Mark the accident site with emergency signs.
Try to reach an amicable agreement with the injured driver.
If there is a need to agree on the amount of financial compensation for the victim at the scene of an accident in the yard, you have the right to do so. The law does not prohibit such transactions. You can transfer the amount, but be sure to get a receipt from the driver stating that he is fully satisfied with the compensation received and will not subsequently have any claims against you. If you do not have the required amount with you, exchange your passport data and transfer the amount to the victim by bank transfer. Of course, all receipts should be kept.

OSAGO insured event

Car owners who have an MTPL insurance contract can receive compensation for an accident in the yard only if these conditions are met:

the incident happened in the yard, i.e. on the territory adjacent to the road (accidents on private territories are considered separately)
two cars were involved in the accident;
you are the victim;
the culprit of the accident is known.

You can count on compensation under compulsory motor liability insurance in all cases, with the exception of the following points:

when a car is damaged due to the intent of the victim;
if the car is damaged due to a nuclear explosion or radioactive detention;
upon receipt of damage due to active hostilities;
when receiving damage due to the civil war that broke out in the country, i.e. popular unrest, riots, etc.

CASCO insurance case in case of a traffic accident in the yard

Car owners who have a CASCO insurance contract have protected their car from damage of any kind. It doesn’t matter where the accident occurred, who is to blame, what the consequences are, or how many people were involved in the collision. Under CASCO insurance, it is also not necessary to have a culprit. Even if in the event of an accident in the yard of the house he disappeared and his identity could not be established, you will still receive compensation.

Accident in the yard involving a cyclist

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

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

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

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

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

The traffic police should be called if:

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

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

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

Features of a traffic accident in the yard

Features of the yard as a roadway:

a lot of inattentive pedestrians (playing children, grandmothers, etc.);
tight parking;
narrow expensive;
a large number of narrow intersections.

An accident in the yard is no different from a traffic accident on any other roadway, since the yard is considered an adjacent territory. This means that the same traffic rules will apply here as on any highway.

Some of the features of moving around the yard by car include the following:

the vehicle speed in the yard should not exceed 15 km/h;
the driver is obliged to give way to pedestrians and cyclists at any place where they cross the road;
the driver must be as attentive as possible;
The driver must follow all traffic rules.

Procedure for an accident in the yard in 2019

No one is immune from an accident on any section of the roadway. However, each specific case has its own specifics regarding how to act competently if the inevitable happens. But not all motorists know what to do in the event of an accident in the yard of a house, what the legal procedure should be. Meanwhile, the answer to this question is important so that subsequently the culprit will answer fairly for the accident, and the victim will receive due compensation for possible damage. In what situations do accidents most often occur in yards?

Is such an incident an accident?

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

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

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

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

First steps

If an unpleasant accident occurs with a car in the yard of a house, it is important to figure out what steps those involved in the accident will immediately take. Since this determines how the dispute regarding compensation for damage caused and punishment of the perpetrator will be resolved in the future. Regardless of whether a major or minor accident occurred in the yard of the house, the following measures should be taken:

stop the car, turn on the hazard lights and put up an accident sign;
provide assistance to the injured and call doctors;
clear the roadway without interfering with other traffic participants, but ensure the safety of objects involved in the accident;
collect information from eyewitnesses;
take a photograph of the accident scene.

Then you should call the police, wait for a diagram of the accident in the yard to be drawn up and the associated documents to be completed.

Is this an insurance case?

Since an accident by definition entails financial losses, it is not surprising that motorists are interested in whether they can claim any money from insurance companies. More recently there have been serious problems with this. Since such organizations often called courtyards internal territories, and according to the previous rules, causing harm in such a place was not considered an insured event.

However, in 2008, changes occurred in the relevant legislation. Is an accident in the yard covered by the updated standards? Now you can safely turn to insurers, since the law is on the side of the victims. However, it is important to understand that compensation will be provided or not and what algorithms will be used depends on the specific contract, the circumstances of the incident and other nuances.

When you have a compulsory motor liability insurance policy in your hands, after an accident in the yard you can count on the fact that the victim will be compensated for the damage caused. Since such incidents in courtyard areas are included in the list of insured events. However, it is understood that the driver will receive compensation provided that it was indeed an accident, and the culprit must be known. And when an icicle or a tree falls on a car, you shouldn’t count on compulsory motor insurance.

It is worth understanding that compensation for harm is provided only to the victim. As for the culprit of the accident, he himself will have to take care in advance to ensure that material losses are compensated. That is, it is better to conclude a comprehensive insurance contract, making sure that it contains instructions regarding such situations in the yard.

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The voluntary insurance contract is designed to ensure that every motorist can be insured in the event of any accident. An accident in the yard will be no exception. In this case, everything depends on the agreement between the parties: the insurance company and its client.

Therefore, when concluding an agreement, it is important to read it to see whether compensation is due for an accident in the yard while parking a car, or in other situations. In fact, the driver has the right to demand that he be compensated for damages in any case - no matter where the accident occurs, no matter who is at fault.

However, there is another important question: how to file an accident under comprehensive insurance in order to be guaranteed to receive payments? Unfortunately, insurers often try to shed their responsibility by appealing to the smallest irregularities in the preparation of documents. So it is better to know in advance about your responsibilities in order to later exercise the right to compensation for damage after an accident in the yard of your house.

If the offender left the scene of the accident

Not all motorists strictly follow the letter of the law, remaining at the scene of an accident until the circumstances are clarified. However, a situation may arise in the courtyard of a house when a driver unwittingly leaves the area, not knowing that he actually provoked a traffic accident. For example, he can drive away, hitting someone else's car, but without noticing it.

What happens if the culprit leaves the scene of an accident in the yard in 2019? In any case, he can and should be brought to justice. Another thing is that the degree of guilt varies depending on how serious the damage is, whether someone else’s vehicle was damaged through negligence, or whether it was a malicious traffic violator.

What to do if the culprit disappeared after an accident in the yard of the house? We need to put all our efforts into finding this person. It is worth interviewing possible witnesses. Technical means are being brought into the case; perhaps there are recordings left on the DVRs of cars parked in the neighborhood. If the driver did not notice the accident and drove away, sometimes they are attracted by the cameras that are in many yards. When a violator is spotted on camera, it is up to the police to find him.

Determining the culprit

It can be difficult to determine when an accident occurs in the yard, who is at fault and who is right. It is not uncommon for both parties involved in an accident to be named at fault. A striking example: one car hit another while passing by. However, the second one was parked in the wrong place or in violation of traffic regulations.

It’s not always easy to even figure out who is at fault for an accident on the lawn in the yard. On the one hand, it cannot be called a roadway, since by default it is not intended for cars to drive on it. On the other hand, a motorist may be considered a violator just because he drove onto the lawn in the yard. In practice, it is impossible to predict what decision the court will make in the case of a specific accident.

Registration procedure

According to the law, the registration of an accident in a residential area follows the same principle as an accident in any other place. It all depends on the circumstances of the incident and the degree of damage caused. Sometimes it is enough to draw up a European protocol, and the parties can go about their business.

Most often this happens, because in the courtyard of the house, motorists are not used to accelerating at high speeds. But if a lot of damage has been caused, harm has been caused to a person’s health, or something irreparable has happened - people have died, then you will have to call the police and remember how to draw up a diagram of the accident.

Traffic police officers

It is important to know that if people were injured after an accident, the parties cannot come to an agreement, someone left the scene of the accident, or more than two vehicles were involved in the emergency, you cannot do without involving traffic police officers. Unfortunately, accidents with children in the yard are quite common. Even driving at low speed and following the rules, a driver can hit a child without noticing. Not to mention more serious situations.

Traffic police officers act according to the traditional algorithm, as in the case of an accident in any other place. In this case, it is important for the car owner to make sure that they have completed all the necessary documents, drawn up a diagram, and collected witness statements.

Participants themselves

How to file an accident without calling the traffic police? In the courtyard, incidents often end happily - causing damage up to 50 thousand rubles, which allows you to draw up a European protocol and disperse amicably. However, it is a completely different matter if an accident occurs in the yard with a cyclist. Since a car, by definition, is a source of increased danger, its owner is always subject to strict demands. Therefore, you should be prepared for possible difficulties.

It is important to make sure that the victim does not have serious injuries. It is best to try to find a common language with the cyclist as soon as possible. Then you can agree on compensation, which must be documented in the form of a receipt. Alternatively, you can record on video that the person received the money and has no complaints.

However, sometimes it is necessary to involve traffic police officers after an accident involving a cyclist has occurred. A striking example: a person makes excessive demands with minimal harm. Or if the driver is clearly sure that he is not at all guilty, but the cyclist blames him for an accident in the yard and faces serious consequences.

Fine for an accident

For a participant in an accident in the yard, the consequences may be different, depending on the circumstances. But the traffic police insistently recommends not to aggravate your situation. It means that you should not leave the yard, hoping that you will be able to avoid punishment for an accident. It is worth recalling that the traffic rules provide for separate fines for such offenses as leaving the scene of an accident and failure to comply with the duties that are assigned to participants in an accident.

So you should stay until the circumstances are clarified and carry out actions according to the rules. And if the driver left the scene of an accident in the yard, the consequences for him will be the most unpleasant. This can be punished very harshly: according to the Code of Administrative Offenses of the Russian Federation (Article 12.27), a motorist faces deprivation of rights for up to one and a half years and even administrative arrest for up to 15 days.

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