Is it necessary to remove the car from the scene of an accident?

Is it always possible to remove a car from an accident?

One of the problems that participants in an accident have to solve after it occurs concerns the movement of damaged cars to make way for other vehicles. Despite the update of traffic rules in this part, the issue is not always clear. After all, if you move the car, it is possible that the picture of the incident will be distorted.

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Is it possible to remove a car from the scene of an accident?

In 2015, amendments were made to the section of the traffic rules regulating the behavior of a motorist after an accident. In accordance with Government Decree No. 907 of September 6, 2014, it is necessary to ensure that the roadway becomes free for traffic. But road accidents end in different ways. The circumstances of their occurrence also differ. Therefore, each case should be considered separately.

If there are victims

If there are people injured in an accident, the first step is to take action to provide assistance. It is permissible to send people to the hospital in the vehicle involved in the incident if there are no other options. That is, if a driver takes a car from the roadway for this purpose, he should not be afraid of being accused of concealing the circumstances of an accident and leaving the scene of an accident. But to do this, he must provide his information to the reception room, and then return.

The rules also contain instructions on how to behave when victims are sent to the hospital by ambulance:

In addition to photos and videos, you can sketch out a diagram of the accident. It is also necessary to find witnesses to the accident who can tell where the participants’ cars ended up as a result of the incident.

But in reality, everything is not as simple as it is written in the changes to the traffic rules. The motorist should also think about what awaits him if there are deaths or injuries in the accident.

In order to investigate a case, an inspection of the scene of the incident is important. In most cases, there are also examinations. And if you remove the car before the specialists arrive, it may not be possible to completely restore the picture of what happened. This may cost the driver his freedom, since for road accidents with deaths or serious injuries, the culprit is sent to prison.

Therefore, before moving a car from the roadway, you need to ask the traffic police officer on duty for permission by phone. But even after his instructions to remove the vehicle, it is worth considering whether this will interfere with establishing the circumstances of the accident, or whether it will harm the motorist. It is better to pay a fine under an administrative article than to become accused in a criminal case.

To learn about when and how a driver should remove a car from the roadway after an accident, watch this video:

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If there are minor scratches

If the consequences of the incident are minor, the problem of whether to remove the vehicle from the roadway is easier to solve. In this case, the traffic police may not be called at all if there are only two participants. Motorists can agree to identify the culprit of the accident, fill out a European protocol, and give documents to insurers. Here you can safely use clause 2.6.1 of the traffic rules:

Sometimes minor damage to cars leads to disagreements between their owners, or it is impossible to issue a European protocol because there are more than two participants. There is also a requirement in this regard, contained at the very beginning of paragraph 2.6.1 of the Rules:

That is, the incident must first be reported to the traffic police. It is also important to find eyewitnesses of the accident, find out their names and phone numbers. In this case, following a simplified procedure is better than causing a traffic jam because of a scratched car.

If there are no victims, but you need to register for insurance

Another problem that may arise due to the movement of the car at the scene of the accident is the refusal of the insurer to pay compensation or the maximum underestimation of the amount. To avoid this and not violate traffic rules, you should quickly call a company representative. He will inspect the vehicle at the scene of the accident, make sure that the damage was sustained during the incident, and record its nature and extent.

If you urgently need to clear the road, you should take as many photographs of the vehicle as possible from different angles. It is also necessary to record objects surrounding the car, everything that is related to the incident. And then you should call your insurer’s hotline number to ask what is the best way to proceed. But in general, a motorist has the right to remove a vehicle from the road if the damage is only property damage and the car is obstructing the passage.

If drivers argue about who is at fault

Disagreements between participants in an accident about who should be responsible for it are not an obstacle to moving the vehicle from the roadway. In such cases, call the traffic police, describe the situation to the duty officer and listen to his instructions. He may require you to come to the service department or post for registration. Then drivers take photographs of the vehicle where it remains after the accident, the road, signs, nearby objects and follow to the named address.

The duty officer can say that the inspector will come to the scene. This often happens when there is serious property damage and there is a dispute about the degree of liability. Here motorists need to act according to the circumstances:

if cars interfere with traffic, take a photo of the accident scene and remove them;
if everything happened on a deserted section of the road, it is better not to touch anything until the traffic police officer arrives.

In case of a driver conflict, the second option is preferable.

In what other cases can you remove a car from the roadway?

Sometimes participants in an accident reach an agreement without drawing up any documents. For example, the damage to cars is insignificant, but a European report cannot be issued because one driver has compulsory motor liability insurance, another has CASCO, or does not have a policy at all. Or there were more than two cars involved, and they only had scratches.

The law allows motorists to reach a compromise informally if, apart from their property, nothing was damaged and there were no injuries or deaths. They simply leave, agreeing that there will be no claims, or one pays the other for repairs right on the spot.

Naturally, everything is not done on the roadway; cars are first moved to the side so as not to interfere with traffic. But the driver needs to be sure that the opponent is not a substitute and will not later declare that the other participant left the scene of the accident. Therefore, it is better to take photographs of the accident scene in this case as well.

If I do remove it, will there be a fine?

The penalty imposed for moving a car after an accident is regulated by part 1 of article 12.27. This is a fine of 1000 rubles, which is paid for failure by a participant in an accident to fulfill the obligations specified in the Rules.

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If an accident occurs with injuries, and even more so, deaths, the perpetrator will certainly be punished. The measure of responsibility will be chosen based on the actions of the perpetrator after, as well as the investigation carried out.

If an accident occurs in a company car, liability will be determined after establishing the severity of the damage caused and the overall fault of the driver. However, you should not hope that if a driver gets into an accident with a work car during working hours, and the company will pay for the damage.

For an accident in someone else's car, you will definitely be held liable under the law. The consequences are especially unpleasant if you get into an accident without insurance and with injuries. What happens if a drunk mechanic is driving in someone else’s car? What happens to driving a car without insurance in the presence of the owner.

A classification of road accidents is necessary to establish the severity of the damage and the driver’s guilt. The concept includes both the very definition of the incident and the reasons that led to it. For example, there is a classification based on the principle of preventability.

Is it possible to drive away from the scene of an accident?

Every law-abiding driver knows that you should not leave the scene of an accident. In a stressful situation, a person may become confused and behave in an unnatural way; moreover, not everyone knows about criminal and administrative liability for such an act. So, what should a driver do in the event of an accident: stop on the spot or drive to a convenient place and call the traffic police? What is the penalty for violation?

Legal regulation of the issue

In 2015, the Supreme Court decided that a driver can drive a few meters away from the scene of an accident and will not incur administrative penalties in this case. Previously, for such an action a person was deprived of his rights for 1 year, but now the court has clearly limited two concepts: “leaving the scene of an accident” and “driving to the side.” For the first offense, the driver faces a fine of 1 thousand rubles, deprivation of rights for 1.5 years and arrest for 15 days.

Example of refusal of administrative prosecution

Changes in the attitude of the traffic police towards motorists occurred after an incident in St. Petersburg. A city resident hit another car in the courtyard of a residential building. First she parked and only then called the traffic police. Despite the girl’s conscientiousness, she was issued a report and the district court ordered her to lose her driver’s license for 1 year. Avtolady did not agree with the ruling and filed an appeal to the Supreme Court, which sided with her. The girl's rights were returned and now this case is the mainstay of judicial practice.

When in an emergency, the driver must stop the car, turn on the hazard lights and place a warning triangle on the road. It is prohibited to move objects that are related to the accident. If there are witnesses to the accident, they should be asked to stay or write down their contact information (name and address), and then call the traffic police. If there are victims, then first of all it is necessary to provide them with medical assistance.

When should you leave the scene of an accident?

It is not only possible, but also necessary, to leave the scene of an accident if certain situations arise. If people are injured and require emergency medical care. The motorist does not have to wait for an ambulance, but can independently deliver the victims to the clinic. At the hospital, the driver provides his information, provides an identification document, and a registration document for the car. Then you need to return to the scene of the accident.

An accident can cause a traffic jam or lead to other accidents. Therefore, the driver can pull off to the side of the road after collecting witnesses and drawing up a diagram of the incident. It is in the driver's best interest to leave everything stationary and organize a detour. Traces of brake tracks, fragments, dents and other evidence of an accident will help more accurately determine the culprit and determine the punishment.

If there is no mobile network at the scene of the accident or there are no means of communication, then the citizen can independently draw up a diagram of the accident and go to the nearest traffic police station to draw up a report. You can use tools for photo and video recording. In case of minor damage, it is allowed to issue a Europrotocol. It implies the absence of traffic police officers, and the execution of the form, drawing of the diagram and determination of the damage caused is carried out by the incident areas.

Conclusion

In 2018, the rules remain the same: the driver can drive a short distance if this does not prevent the investigation from identifying the culprit of the accident. It is not recommended to hide from the scene of the accident, as you will have to incur administrative penalties. But if, for good reason, one of the participants in the accident fled, then he will need to provide evidence of such a need (for example, a certificate from the hospital). It would also be better to go back soon and finish documenting the incident.

Do not rush to remove cars from the road after an accident

On July 1, amendments to the traffic rules came into force, which not only allow not to call traffic cops to the scene of an accident, but also require that collided cars that are preventing others from passing are removed from the road. It would seem that everything is fine: there is no longer any need to wait for an inspector for several hours because of crumpled iron, and there should be less traffic jams due to minor accidents. But that was not the case, there are so many pitfalls in innovations that it is still better to wait for the traffic cops, even if this threatens you with a fine.

Assessing the situation

Now there are four ways to file an accident . The first is if there are dead or injured in the accident. Everything is the same here: stop, turn on the emergency lights, don’t touch or move anything, take measures to provide first aid to the victims, call an ambulance and the police, wait. You can leave only in one case, if there is no other way to deliver the victims to the hospital, but even in this case you will have to quickly return to the scene of the accident. Such an accident can only be registered by police officers.

If there are no casualties, then there are more options. The simplest thing: a trifling scratch on the bumper, which is already covered in scars, like the head of a fighting bull terrier. The driver of the damaged car doesn’t give a damn, there is no dispute, no complaints either. Well, or they agreed on a symbolic bottle of foamy drink, shook hands and said goodbye. Then there is no need to inform the traffic police at all - “if there is no need to prepare documents about a traffic accident, drivers are allowed to leave the scene of the accident.” What if one of the participants in the accident changes his mind, calls the traffic police, brings a witness, and they say that the car of the person responsible for the accident fled the scene? Then the driver faces deprivation of his license for a year or a year and a half, as well as arrest for up to 15 days.

— To avoid undesirable consequences, the two drivers need to independently fill out the Notification of an Accident form, which is attached to each MTPL policy; this is very simple to do. And with such a document, possible disagreements will no longer exist,” advises Yuri Shakirov, head of the department of legal regulation and promotion of road safety of the Main Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia.

Third case: no one was hurt, but the cars were damaged, and the drivers need to file an insurance claim. They can take photos or videos, drive to the nearest traffic police post and file an accident there. Or fill out documents without police officers within the framework of the so-called European protocol, that is, fill out the same Notification of an accident for the insurance company.

And the fourth case, the most difficult: no people were injured, but the drivers are arguing about who is to blame. Then you need to write down the names and addresses of eyewitnesses, call the traffic cops (from your mobile phone - 112) and act in accordance with their instructions.

— The police can only have two demands. File an accident yourself and remove cars from the scene of the accident on the roadway. Or stay where you are and wait for the inspector. It cannot be otherwise, assures Yuri Shakirov.

With such independent registration, you need to take pictures of the accident scene so that it is clear where the cars are in relation to each other and road objects (poles, signs, stop pavilions, etc.) and go to the police. Komsomolskaya Pravda in Volgograd reports.

Evaluating ourselves

But what about the fine? After all, if drivers cause an accident and their cars interfere with the passage of others, then the traffic cops who arrive at the scene now have the right to fine those responsible for creating the traffic jam a thousand rubles. But the police do not yet have a clear answer to this question.

— The government decree does not regulate during what time drivers are required to register an accident and clear the roadway if the movement of other vehicles is obstructed. There will be no strict instructions to punish for this offense yet. Let's wait for law enforcement practice, says Yuri Shakirov.

However, the requirement to remove emergency vehicles may be to the advantage of auto substitutes. They are masters of fooling people, creating chaos, intimidating, forcing them to quickly move to the side and then begin to “press” the victim. It is important to remember here that the fine for congestion due to an accident is only one thousand rubles, and even then only if they are fined. And the swindlers will extort tens and hundreds of thousands, so don’t follow their lead, tell the police about your suspicions, demand to come to the place and definitely never give your money to anyone.

- If this causes a wave of attempts at automatic setups, it will not be for long. The driver must remember that if he is at fault, it is not he himself who pays, but his insurance company, and this is where it stands,” comments Sergei Dorofeev, general director of the National Association of Expert Companies in Transport.

— And filing an accident on your own without an inspector can only be recommended to those who are confident in their financial capabilities and their ability to adequately assess the situation. If a person has already seen an example of a complex road accident with his friends, he was able to correctly assess its consequences, and his predictions coincided with reality. In other cases, confidence in one’s own rightness can play a cruel joke, so it is better to file an accident with the police.

BY THE WAY

What about street cameras?

Some motorists and social activists argue that cars can be safely removed from the road after an accident, since recordings from street CCTV cameras can then be used to document the accident. There is even a special “hotline” through which the desired video can be “booked”.

Indeed, the capital’s Department of Information Technology allows you to save video recordings not only from street cameras, but also from courtyards or entrances. But, firstly, cameras are not available everywhere; they may not be aimed at the place you need, and the quality of the image will rarely allow you to determine the circumstances of the accident and the nature of the damage. Secondly, we are talking about registering an accident without the police, but videos from city cameras are not simply handed over.

— Usually recordings are stored for five days, but by calling the hotline 8 (495) 587-00-028 (495) 587-00-02 a citizen can reserve a video, which will be stored upon request for 30 days. In this case, the police officer may request this video from us and attach it to the case file. But this applies only to law enforcement agencies; the recording will not be given to insurance companies or citizens personally in this way,” the Moscow Department of Information Technologies explained to us.

In case of an accident, is it necessary to remove cars from the road so as not to create a traffic jam?

The perpetrators of accidents block the main highways of cities for hours until traffic police officers arrive. Why this is not allowed to be done, says Alexey Rumyantsev, a member of the Russian Lawyers Association, deputy chairman of the OSA Society for the Protection of Motorists .

Sometimes a small accident provokes the creation of a giant traffic jam. The cars rubbed against their sides, causing damage to each other amounting to 5-10 thousand rubles, and the metropolis, as a result of the resulting transport collapse, suffered losses amounting to millions. However, many remain at the scene of the accident, waiting for traffic police officers. They are afraid to get involved with the sophisticated European protocol. There are many unclear positions there, and insurance companies often use errors in filling it out to refuse to pay compensation and sometimes even resort to the practice of recourse, that is, they cover the damage at the expense of the driver who made written errors.

Therefore, many simply call the traffic police to the scene of the accident and they turn out to be right. However, there are a number of basic rules that drivers must follow in order to avoid possible problems with visiting inspectors and with other road users.

Clause 2.5 of the Traffic Rules states: “In the event of a road traffic accident, the driver involved in it is obliged to immediately stop (not move) the vehicle, turn on the hazard warning lights and display an emergency stop sign.” In accordance with the requirements of paragraph 7.2 of the rules, he is prohibited from moving objects related to the incident.

Meanwhile, it is necessary to pay attention to the fact that after the amendments, clause 2.6.1 of the Russian Traffic Regulations obliges drivers to perform other actions: “If, as a result of a traffic accident, damage is caused only to property, the driver involved in it is obliged to clear the roadway, if an obstacle is created to the movement of other vehicles, having previously recorded, including by means of photography or video recording, the position of the vehicles in relation to each other and road infrastructure, traces and objects related to the incident, damage to the vehicles.”

In other words, drivers of colliding cars should not stand still and wait for traffic police officers to rush to the rescue and begin drawing up a report. They are required by law to pick up cameras and begin to record the scene of the accident as thoroughly as possible, and with reference to the area. It is necessary that the nearest houses and number plates on them fall into the frame. In addition, it is important to photograph all objects on the roadway and draw a diagram of the accident. After this, you can remove cars from the road and open traffic to other vehicles.

For failure of the driver to fulfill the duties stipulated by the traffic rules, a fine of 1,000 rubles is imposed. according to Part 1 of Art. 12.27 Code of Administrative Offenses of the Russian Federation. Inspectors who arrived at the scene of an accident and saw a multi-kilometer traffic jam and the bored perpetrators of the accident could easily apply penalties to them for not removing the damaged cars from the roadway or clearing it.

If the accident does not interfere with the flow of traffic or block traffic, then you can leave the accident scene in its original form. However, even in this case you need to be careful and comply with the requirements of the law.

Often, arriving traffic police officers fine drivers who have been involved in accidents for not displaying warning triangles or turning on their warning lights. And this can cause new accidents. A truck with a full body of sand or a concrete mixer can crash into a vehicle standing in the middle of the road. Moreover, during the day this happens even more often, since in cloudy weather in the winter slush, and even against the backdrop of traffic flashing along the lanes, it can be difficult to see immobilized objects. And then it will be a shame that the emergency lights did not flash in time.

Fine for failure to fulfill the obligation to remove the car after an accident if this impedes the movement of other vehicles

Hello, regarding the essence of the question asked, we can report the following.

According to Part 1 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, failure by a driver to fulfill the duties provided for by the Traffic Rules in connection with a traffic accident in which he is a participant, except for the cases provided for in Part 2 of this article, entails the imposition of an administrative fine in the amount of one thousand rubles.

According to clause 2.6.2. If, as a result of a traffic accident, damage is caused only to property, the driver involved in it is obliged to clear the roadway if an obstacle is created to the movement of other vehicles, having previously recorded, including by means of photography or video recording, the position of the vehicles in relation to each other. friend and road infrastructure, traces and objects related to the incident, damage to vehicles.

If the circumstances of harm in connection with damage to property as a result of a road traffic accident or the nature and list of visible damage to vehicles cause disagreements among the participants in the road traffic accident, the driver involved in it is obliged to write down the names and addresses of eyewitnesses and report the incident to the police for receiving instructions from a police officer about the location of the registration of a traffic accident.

If they receive instructions from a police officer to fill out documents regarding a road traffic accident with the participation of authorized police officers at the nearest road patrol post or police department, drivers leave the scene of the road traffic accident, having previously recorded it, including by means of photography or video recording. , the position of vehicles in relation to each other and road infrastructure, traces and objects related to the incident, damage to vehicles.

If the circumstances of harm in connection with damage to property as a result of a traffic accident, the nature and list of visible damage to vehicles do not cause disagreement between the participants in the traffic accident, the drivers involved in it are not required to report the incident to the police.

In the above case, they can leave the scene of the traffic accident and:

— draw up documents about a traffic accident with the participation of authorized police officers at the nearest road patrol post or police unit, having previously recorded, including by means of photography or video recording, the position of the vehicles in relation to each other and road infrastructure objects , traces and objects related to the incident, damage to vehicles;

- draw up documents about a road traffic accident without the participation of authorized police officers by filling out a notification form about a road traffic accident in accordance with the rules of compulsory insurance, - if 2 vehicles are involved in the road traffic accident (including vehicles with trailers to them ), the civil liability of the owners of which is insured in accordance with the legislation on compulsory insurance of civil liability of vehicle owners, the damage was caused only to these vehicles and the circumstances of the harm caused in connection with damage to these vehicles as a result of a road traffic accident do not cause disagreements among the participants in the road transport incidents;

- do not draw up documents about a road traffic accident - if in a road traffic accident only the vehicles or other property of the participants in the road traffic accident are damaged and each of these participants does not need to complete the specified documents.

At the moment, there are a number of judicial acts confirming the legality of bringing drivers to administrative liability for failure to fulfill the driver’s obligation to remove the vehicle from the road if, as a result of an accident, the movement of other vehicles is difficult.

Thus, in a number of cases, if the requirements of clause 2.6.2 are not met. Traffic regulations of the Russian Federation, the driver may be held administratively liable in the form of a fine in the amount of 1000 rubles.