Who to call in case of an accident in the yard
Road traffic accident in the local area
The number of cars in the country is growing rapidly, and with it the number of road accidents. Of course, the most serious accidents occur on highways. The destructive energy of a car is proportional to its mass and the square of the speed at which it was moving. The higher the speed, the worse the consequences of the collision. Nevertheless, accidents also occur in places where few people drive fast - in particular in the courtyards of houses. The consequences are usually not severe, but you still need to register the incident. Let's try to figure out what to do if an accident occurs in the yard.
Which incidents involving cars in yards are considered traffic accidents?
If something happens to your car in the yard, the question immediately arises of what to do. First of all, you need to understand how to classify an incident. Subconsciously, we are accustomed to classifying all accidents involving motor vehicles as road traffic accidents, but from a legal point of view this is incorrect. You need to understand what kind of event is considered an accident.
Road traffic accidents include such incidents on the road that caused damage to the health or life of people, cars and other property and that are associated with the movement of vehicles. The determining factor for establishing an accident is the fact that at least one vehicle is moving.
The question is often asked whether a collision in a backyard constitutes an accident. From a legal point of view, a car collision is always a traffic accident. According to the law, a collision is an event in which several moving motor vehicles collide. Collisions with stationary vehicles, bicycles, and horse-drawn vehicles, as well as with an obstacle, pedestrian, or animal, are called collisions. Types of accidents also include rollovers, falling passengers, etc.
There is also such a thing as a minor accident. If during an event with a moving vehicle no damage was caused, for example, only dust was wiped off the bumper, this is an accident, but it is not subject to registration and registration and does not entail any consequences. In this case, you should not call the traffic police.
What kinds of incidents happen in courtyards that are not related to traffic?
Quite often events occur in courtyards that are not related to the movement of cars. For example, a driver parked close to another car and, opening the door, damaged the paintwork. Or a bottle thrown out of a window landed in a car. Such incidents cause damage, but are not related to traffic and are not road traffic accidents. In such cases, if you cannot solve the problem with your neighbors, you should call the police.
At the same time, if you damage someone else's car while getting in or out of your own vehicle or loading and unloading from it, you should not leave - you first need to solve the problem that has arisen. If you left, it will be impossible to prove later that the damage did not occur as a result of an accident. Accordingly, you will have to answer not only for the traffic accident, but also for the fact that you fled the scene.
What to do if there is an accident in the yard
Usually the yard is perceived as a place where nothing bad should happen. Therefore, in case of accidents near their own home, people get confused and do not immediately understand what to do if the accident happened in the courtyard of the house. And you need to do the same thing as in case of road accidents that occurred in any other place. The traffic rules provide for a general procedure, according to which road accidents are not separated by their place of origin.
Accordingly, the driver is obliged to perform priority actions, which include:
- immediate stop of moving vehicles and a ban on traffic that was in place at the time of the incident;
- identification of victims. If any are found, measures should be taken to assist them;
- placing a warning triangle. In the city it is installed at a distance of 15 m from the scene of the incident;
- recording the circumstances of the event;
- deciding how to proceed next.
If the culprit fled the scene
The yard is a fairly quiet place. Therefore, if there are no victims at the scene of the event, the perpetrators are often tempted to leave as quickly as possible, and they often do so. This happens because many people simply do not think about what will happen if the culprit fled the scene of an accident.
Currently, every driver is required to have an MTPL policy. Thanks to this document, compensation for damage caused by the actions of the driver falls on the insurance company. Severe consequences from road accidents in courtyards are rare, so the liability for what happened is small. If you hide from the scene, you can lose your license for 1-1.5 years or find yourself under administrative arrest for up to 15 days.
If, upon leaving the house, you see that the car has been damaged and the culprit has disappeared, do not despair: there are always people in the yard and outside the windows of houses. If you wish, finding eyewitnesses to the incident will not be difficult.
If you were the culprit of the accident
If you are the culprit of a traffic accident in the yard, calm down, take priority measures and try to find the victim if he is not at the scene. Depending on the information that you can obtain from the owner of the car you damaged, the procedure for further registration of the accident depends. If the victim could not be found, call the traffic police to register the incident. Of course, you should not try to leave the scene.
How to register an accident in the yard
The procedure for registering road traffic accidents does not depend on the location of their occurrence. There are two ways to report incidents.
Registration with the involvement of traffic police officers
This method of reporting incidents is the main one. After an accident has occurred and emergency measures have been taken, the traffic police should be notified. Nowadays, they mostly call from a mobile phone, but you can find a landline and call 102 or 112. The second number is the telephone number of the Ministry of Emergency Situations, which is currently the unified emergency service. In the end, you can send a messenger to the traffic police.
The arriving traffic police officers will inspect the scene of the accident, draw up a diagram of it, conduct a series of examinations and register the accident in accordance with the requirements of the law.
Registration of an accident yourself
Currently, it is possible to avoid calling traffic police officers to the scene of an incident and register it according to the so-called European protocol. In this case, the incident must meet a number of criteria:
- no harm done;
- no more than two cars are involved in the accident;
- both participants in the incident have valid MTPL policies;
- both participants in the accident agree on who is responsible for the accident;
- at least one of the participants in the incident has printed standard accident notification forms.
If at least one of these conditions is not met, it will not be possible to do without the participation of traffic police officers.
What is the liability for an accident in the yard?
The punishment that awaits the culprit of the incident depends not on the location of the accident, but on the circumstances of its occurrence and the consequences to which it led. If there were no serious traffic violations, liability will be limited to compensation for damage at the expense of compulsory motor liability insurance.
If the culprit of the accident was drunk, he will be fined in the amount of 30 thousand rubles. In addition, he will be deprived of his rights for a period of one and a half to two years.
If people were injured as a result of the incident, liability may become criminal, and the punishment will depend on the severity of the harm caused to the health of the injured persons.
Is it possible to receive insurance payments in the event of an accident in the yard?
Many people are concerned about whether an accident in the yard of a house is an insured event. It is no secret that insurance companies strive to reduce the amount of compensation paid and quite often try to evade fulfilling their obligations.
When an incident occurs not on the road, but in adjacent territories, in particular in the courtyard of a house, unscrupulous insurers often try to refer to the fact that the insured event did not occur. In this case, you should contact the insurance company with a claim. If you have not received an answer within the period established by law or you are not satisfied with it, you should file a claim in court.
Payments under OSAGO
The compulsory insurance policy for motorists of civil liability covers damage caused by its owner to third parties. That is, the person at fault for the accident will never receive compensation for damages under compulsory motor liability insurance. It is with these policies that problems most often arise regarding road accidents in yards.
The only insured event of these policies is a traffic accident. Often, insurance company employees try to evade liability by stating that an incident in the yard is not an accident. However, if an incident is registered, it is practically impossible for them to avoid liability.
The decision of a Russian court to recognize the fall of a branch onto an Opel car, hit by a Man car while maneuvering in the yard, was widely known. Therefore, if you have problems with insurance payments, stand up for your rights.
Payments under CASCO
Problems arise much less frequently with payments under CASCO insurance. The fact is that this policy does not insure the driver’s liability to third parties, but damage caused to the car. Thus, the sheer number of various types of insured events under this policy is significantly greater; it is more difficult to evade liability, so attempts to avoid it are made less frequently.
Ideally, every car owner should have both CASCO and MTPL policies. Then the damage to the car will be guaranteed to be compensated regardless of the driver’s guilt in the accident.
However, CASCO insurance is not mandatory, and due to its relative high cost, not everyone purchases it.
Finally
Road traffic accidents in yards occur quite often. From a legal point of view, they are no different from road accidents in other places. The main sign of an accident is the participation of at least one vehicle that was moving at the time of the incident. If this sign is present, it is undoubtedly an accident. Consequently, it is possible to obtain compensation for damages under compulsory motor liability insurance at the expense of the culprit’s insurance company.
Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.
What to do if there is an accident in the yard of your house
Seeing an accident on the street is far from the same as seeing an accident happen in the yard of your own home. When such a situation happened under the windows of my apartment, I was confused and even scared. The situation was aggravated by the fact that there were injuries, and the culprit of the accident left the scene.
I know that many people are lost under extraordinary circumstances and do not know how to behave. An accident can easily be called such events, so in this article, I will focus on what to do in case of an accident in the yard of a house. Where to call and what to do at the first moment.
Can a car collision in the yard be considered an emergency?
Incidents involving damage to vehicles in local areas occur quite often. Accidents can be small or large, but in any case they are accidents with certain consequences. Under any circumstances, such events must be described and recorded in the prescribed manner.
Even if one driver entered a yard and accidentally hit another vehicle, the action would be classified as an accident. This procedure is described in clause 1.2. Traffic rules It also provides a detailed explanation of the basic terms and concepts for car owners. If we turn to the terminology, the traffic rules indicate that this is an event that occurs while the vehicle is moving, as a result of which other vehicles, buildings, property of third parties and citizens are damaged. Cases cannot be classified as road accidents when:
- the car was not moving at the time of the collision;
- a man and a cyclist collided;
- a citizen fell onto a standing car.
A collision that does not have consequences and damages also cannot be classified as an accident. All other cases are an emergency and must be registered.
When is it not necessary to call the traffic police, since the call may be classified as false?
When there is an accident, even a minor incident, it is necessary to call a traffic police officer. This will allow you to correctly prepare documents and record participants in the events. Once again, I repeat that even a very minor accident can be classified as an accident.
Sometimes, a citizen who calls the highway patrol draws the wrong conclusions. He considers an accident to be a situation where the presence of an inspector is not required. It is important that the case can be classified as a traffic accident according to traffic rules. Under other circumstances, the person who called the traffic police in vain will be held accountable for his actions.
Who to call if there is an accident in the yard?
When a collision occurs while parking, even if there are minor consequences, it will be considered an accident. This may require calling a police officer.
A witness or eyewitness needs to know where to call. The easiest option is to use an emergency number. Today the following numbers are valid:
- "102" - police;
- "101" - fire service, if there is a fire or a strong collision;
- “103” - when there are injured persons;
- by the insurer's number indicated on the relevant document.
It is necessary to clearly understand what is an insured event and what is not. To receive compensation under compulsory motor liability insurance, you must formulate your own thoughts very clearly and do not forget to obtain the necessary documents. When such papers are missing, it will not be possible to receive payments under the policy. An insured event can include situations where property is damaged or there are injured persons.
What to do before the traffic police arrive?
When the rules for registering an emergency are not followed, the person responsible will subsequently be subject to a serious fine. In such a situation, bystanders or bystanders may be advised to take the following actions:
- Make sure that the car that caused damage to another vehicle is not moving.
- Leave the car in the position it was in the accident.
- Turn on the emergency beacon.
- Install warning triangles.
- Do not remove anything from the accident site until photos and videos of the accident scene have been taken or until authorized persons arrive.
When there are people injured in an accident, it is necessary to provide them with first aid and call doctors. Until the ambulance arrives, support the person in accessible ways. To prove the driver's innocence, witness testimony may be required, so immediately after the police appear, it is worth preparing your own identification card.
If during the incident the guilty person disappeared, then the person present should assist the police officers and describe as accurately as possible the appearance of the offender and his car. If possible, please indicate the vehicle number. All this data is documented in a special protocol.
Conclusion
At the end of the material, the following conclusions can be presented:
- An accident is an incident that has consequences in the form of damage to a vehicle, things, health or life of citizens.
- It is important to correctly identify the violation before calling the police. For a false denunciation, a citizen can be held legally accountable.
- While waiting for the police to arrive, it is necessary to ensure the integrity of the scene of the incident and provide first aid to the victims. When the person responsible has fled, it is important to describe that person and their vehicle as accurately as possible.
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.
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.
Features of an accident in the yard
The traffic rules provide for the procedure for moving a vehicle in the yard. Failure to comply with standards or inattention often leads to emergency situations. What features does this type of accident have and how to act in such cases, we will tell you in the article.
Characteristics of an accident in the courtyard of a residential building
In accordance with clause 1.2 of the Traffic Rules, a traffic accident is considered to be a collision of vehicles with each other or with pedestrians. As a consequence of the event, a person or his property is harmed. Often, emergency situations in courtyard complexes of residential buildings are characterized by the difficulty of identifying the person at fault. To determine this, the driving rules in the surrounding area are taken into account:
- Pass-through traffic through the yard is prohibited.
- The speed does not exceed 20 kilometers per hour.
- Pedestrians and other road users have advantages over drivers who are leaving the surrounding area.
- It is prohibited for persons to drive a vehicle while learning to drive.
- Pedestrians have priority when moving around the perimeter of the courtyard area.
It is important to know! The actions of pedestrians should not be aimed at deliberately creating obstacles for vehicles.
Rules for registering an accident
To properly document the incident, each participant must know what to do in the event of an accident in the yard of the house. It is important to note all the details that will later help justify your position. In the event of an accident, participants perform the following algorithm of actions:
- Stop the car.
- Install a sign notifying about the accident at a distance of 15 meters from the scene of the accident.
- Leave the vehicle without changing its position. If traffic police officers or an emergency commissioner are called, the situation does not change until the recording of the accident is completed.
- Call for medical help if there are victims.
- Report the accident to the traffic police department.
- Document the event that occurred.
Participants in an accident have the right to independently resolve the issue if the following factors are present:
- agreement reached;
- no casualties;
- the amount of damage does not exceed 50 thousand rubles.
The parties draw up a diagram of the accident, and also record in photos and videos the area where the cars are located. It is recommended to find witnesses and provide their statements and contact numbers. The Europrotocol consists of two sides. The front of the document displays:
- Location of the accident (exact address).
- Collision time.
- Number of cars.
- Vehicle owners.
- Information from eyewitnesses.
- List of damage received.
- Insurance companies.
- Markings on the diagram.
- Listings of persons completing the filling and witnesses.
On the back of the notice it states:
- Circumstances of the accident.
- Full name of the person who was driving the vehicle at that time.
- Possibility to continue driving the car.
In the notes section, indicate the presence of photos or videos.
A traffic police representative must be called in the following situations:
- A detailed investigation is necessary because three or more vehicles were involved.
- One of the participants does not have a third party insurance contract.
- Harm to human health is caused. The victims include drivers and pedestrians.
- The amount of compensation is over 50,000 rubles.
- Lack of compromise and inability to independently determine the culprit.
Attention! The monetary limit for drawing up the Europrotocol for drivers in Moscow and St. Petersburg has been increased to 400 thousand rubles. The traffic police officer identifies the culprit after studying the case materials.
What to do if the culprit leaves the scene of the accident
First of all, the victim must do everything possible so as not to remain a loser from an accident for which he was not the culprit. If you ignore compliance with safety rules, the visiting traffic police officer has the right to draw up an administrative protocol. In turn, the culprit should know what will happen if he leaves the scene of an accident in the yard. The victim acts as follows:
- Notify about an accident by installing a sign.
- Turn on the emergency lights.
- Remember the license plates of the person at fault. If possible, take photos of them.
- Draw funny incidents. In this case, the location of the vehicle does not change.
- Find eyewitnesses who saw the moment of the collision.
- Call the traffic police.
You also need to act correctly if a cyclist causes an accident in the yard of a house and know what to do if the culprit escapes. This category of road users is subject to the rule of leaving the scene of an accident. Accordingly, he is also responsible for his actions and is obliged to pay compensation.
Penalties
The culprit must understand what will happen if he escapes from the scene of an accident in the yard. In such cases, he is brought to administrative responsibility, which implies deprivation of his driver's license for a period of 12-18 months. Also, by court decision, arrest for fifteen days is possible. In accordance with Art. 27.13 of the Code of Administrative Offenses of Russia, the driver’s vehicle is subject to detention regardless of the type of punishment.
If the judge decides to impose a fine, its amount is determined individually, depending on the following factors:
- scale of consequences;
- number of victims;
- circumstances of the accident.
If you fled the scene of an accident, what will be determined by law in the future for the culprits. After documenting the incident, the person responsible is put on the wanted list. Additionally, a person is held administratively liable in the form of a fine of 800 rubles for driving a vehicle without a valid MTPL policy.
Attention! If a sign warning of an accident is not installed, the person found guilty is obliged to pay a fine of 1,000 rubles.
Is it an insured event?
An event after which the insurance company’s obligation to provide monetary compensation arises refers to insured events. This provision is enshrined in the policy and the law.
Compensation is made to the policyholder, beneficiary, or insured person. This makes clear the answer to the question whether an accident in the yard is an insured event under compulsory motor liability insurance. To receive compensation, participants inform the insurance company representative about the event. It is recommended to do this immediately on the spot. Within the established period, contact the organization and provide a complete package of documentation:
- application requesting compensation for damage;
- passport;
- a copy of the culprit’s compulsory motor liability insurance policy;
- administrative violation protocol;
- certificate of accident.
The insured event will also include damage if you hit the car doors in the parking lot. In this case, both vehicles may not be moving at that moment.
Financial compensation under compulsory motor liability insurance is provided in the following cases:
- Death occurring after an accident. Relatives of a deceased person can receive a maximum of 475 thousand rubles. Funeral expenses are reimbursed in the amount of 25,000 rubles.
- Health suffered. The amount is determined depending on the degree and nature of the damage and treatment. The compensation limit is 500,000 rubles.
- Complete loss of the car.
- The presence of a disability in the person who was injured during the accident.
- Damage to property. The maximum amount of compensation is up to 400 thousand rubles.
Attention! If subsequently an accident causes damage to a minor child, and he is recognized as disabled, compensation is made at 100% of the amount.
The guilty person is obliged to independently compensate for the entire amount of damage if he does not have a valid MTPL policy. If he does not do this, the victim has the right to contact him with a written complaint. The next option is a statement of claim. The filing of a claim and accompanying documents is carried out by a magistrate if the amount of claims does not exceed 50 thousand rubles. In other cases, the application is submitted to the district court.
If the car is insured under CASCO and an accident occurs in the yard, what to do is determined by the terms of the contract. For example, if you were scratched in a parking lot and then disappeared, you should contact the Investigative Committee. Depending on the conditions, when such a risk occurs, it may not be necessary to provide a certificate and an application for payment will be sufficient. It is carried out after an expert assessment.
Correct registration of an accident and coordinated actions of both parties will help to get rid of problems with bringing to administrative responsibility and compensation for damage. It is important to clearly understand what applies to an insured event.