Didn't notice the accident and drove away judicial practice

What to do if you didn’t notice the accident and drove away

Road traffic accidents are those unwanted situations that happen more and more every year.

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They can catch up not only on the road, but also in the yard, in parking spaces, when leaving the yard, and the list goes on for a long time.

Leaving the scene of an accident by one of the motorists is a fairly serious violation of the regulations of the Code of Administrative Offenses, for which there is a risk of punishment.

But it should be borne in mind that leaving the scene of an accident is not always regarded as intentional, because even the law in certain cases allows motorists to leave.

This article is devoted to such situations when a motorist unintentionally leaves the scene of an accident. We will talk about penalties, when there are consequences, how you can prove your innocence, and also give an example from judicial practice.

The information provided will be useful for all drivers, because no one is immune from unforeseen situations, so you should know how to deal with them correctly.

What is considered unintentionally leaving the scene of an accident?

Unintentional leaving the scene of a traffic accident is considered when a motorist accidentally causes an accident.

The reason for this could be objective factors:

bad weather conditions affecting visibility;
listening to loud music in the car, which interferes with hearing other sounds;
a minor collision, when it was not felt, there was no grinding, knocking or other signs.

The motorist proves the unintentionality of his actions independently or with the help of a car lawyer. Only a judicial authority can classify a driver’s actions as an offense.

Leaving the scene of a traffic accident (according to the current Code of Administrative Offenses) is possible in the following cases:

The accident was minor, the drivers agreed peacefully to smooth out the conflict and went their separate ways. But if the victim changes his mind and calls the police, then the situation will turn against the culprit. Then he will not be able to prove oral agreements, so it is appropriate to take a signature indicating all the circumstances of the accident and the terms of compensation, as well as draw up a European protocol (Article 2.6 of the Traffic Regulations).
One of the drivers left the scene of the incident in order to hospitalize the victim in a medical facility for emergency care. But even after this, he is obliged to return to assist in the investigation.
If necessary, clear traffic on the road. But before this, you should take a photo or video to draw up a diagram of the accident; such measures will further facilitate a correct and quick investigation. If the requirements for clearing the roadway are not met, then this will result in a fine of 1,000 rubles (Article 12.27 of the Administrative Code).

If the reasons for deprivation of the scene of the incident are not indicated in the list, then they are unlawful and are punishable by the legislation of the Russian Federation.

Is there a penalty for involuntary deprivation of the scene of an accident? Yes, it is provided for by Article 12.27 of the Administrative Code. The concept of “unintentionally leaving the scene of an accident” does not exist in the legislation.

Such a violation of administrative law is punishable by:

But if you use the help of an experienced car lawyer, you have a chance to prove that your actions were unintentional and receive a fine of up to 1,000 rubles. But the correctness of an action can only be proven in court.

With minor

To avoid any serious penalties for unintentionally leaving the scene of an accident punishment in 2019, it is necessary to justify the insignificance of the scale of the incident, that is, show that the vehicles received minimal damage, and people did not suffer any injuries.

In such cases, you should use the opinion of an independent expert, which determines the amount of damages. Most situations end with the court issuing only a verbal warning.

It is recommended to seek help from auto lawyers who can competently build a line of defense. You can prove your innocence on your own, but this will require certain knowledge and effort.

With the victims

An accident on the road, as a result of which people were injured and the driver left the scene of the accident, is considered a serious crime.

There is practically no need to prove the unintentionality of your actions, because it is quite difficult. The only mitigating aspect may be the victims' need for emergency medical care.

If there is no such reason for the motorist who left the scene of the accident, then he faces deprivation of his driver's license. The period of confiscation also depends on other circumstances that arose during the accident.

The following may also mitigate the circumstances:

Sincere confession and repentance of the offender at the stage of preliminary investigation.
Independent statement to law enforcement officers about their own actions.
Assistance to the investigation.
Voluntary compensation for losses to victims before the trial, but with a receipt.
Convey that all actions after the attack were under the influence of strong excitement - in a state of passion.
The crime was committed by a minor driver, or a pregnant woman, or a young mother.

But it should be taken into account that it will not be possible to completely avoid punishment in any of the above cases, but there is hope for mitigating the consequences.

Where to get an international driver's license in 2019, read here.

Fatal

Road traffic accidents that result in the death of one or more participants are considered a serious crime for the perpetrator of the accident, so these persons, in order to circumvent the impending punishment, leave the scene of the incident.

But after they are discovered by law enforcement, they face arrest and even harsher punishment.

After this, it will not be possible to prove the unintentionality of escaping from the crime scene, because this will be a clear attempt to hide from responsibility. As a result, the term of imprisonment may increase.

How to prove

You should immediately understand that it is absolutely impossible to prove the unintentionality of your actions related to deprivation of the scene of an accident if there are people injured or killed as a result of the collision.

Therefore, Article 12.27 of the Code of Administrative Offenses is triggered only in cases where minor damage is caused to the vehicle.

Then it is recommended to come to an agreement with the victims, jointly contribute to the investigation, so that during the trial, they are guided by common facts.

First, you need to agree on compensation for losses resulting from the accident and pay compensation before the court hearing.

Such actions will certainly be regarded as the desire of the guilty party to peacefully resolve the issue that has arisen without the intervention of authorized law enforcement agencies. This is regarded as a mitigating circumstance.

Next, the hearing must be convinced of the following:

in the awareness by the culprit of the incident of the seriousness of his own offense;
in the repentance of the guilty party for what was committed;
in full recognition of his own guilt in the case.

It is better to use the services of an experienced car lawyer who can competently build a line of defense.

It is necessary to remember not only that only the human factor was involved in the incident, but it is important to take into account the weather conditions that deteriorated at the time of the collision and deprivation of the accident site, based on information from the local meteorological station.

But the most important thing is to come to an agreement with the injured party. According to Article 24.5 of the Code of Administrative Offenses, each violation has its own statute of limitations; when it expires, it is impossible to file a lawsuit for such an offense.

Article 12.27 of the Code of Administrative Offenses states that hiding from the scene of a road accident has a statute of limitations of up to 3 months. You should take this into account and delay the proceedings in every possible way.

Examples from judicial practice

Nowadays, judicial practice is regularly updated with new examples. And they are not unique, but rather typical. Many of them relate to deprivation of the scene of an accident. Let's consider and analyze several examples.

Situation 1

There was a traffic accident with minor consequences. Both vehicles are privately owned.

One of the motorists “fled” from the scene of the crime because he did not notice what had happened. The second motorist called authorized law enforcement officers.

The investigation and examinations contributed to the discovery of the escaped vehicle. The goal has been achieved. During the trial, a sentence would be imposed in the form of confiscation of the driver's license for a period of 12 months.

The accused exercised his right to appeal. When the case was reconsidered, he admitted his own guilt in the crime and made compensation for damages.

During the court hearing, the injured party did not make any claims against the culprit and did not object to his acquittal of an administrative offense. As a result, the culprit received only a verbal warning.

Situation 2

The minor collision involved a regular bus with hundreds of passengers and a passenger vehicle. The bus driver left the scene because he did not even notice the incident.

The victim called the law enforcement officers to the scene of the accident, as a result of which they filed a case and brought it to a court hearing. The injured party was not present at the hearing on the administrative offense.

The culprit of the accident built a line of defense based on the parameters of his vehicle, and also proved that the victim himself did not give signals to attract his attention. The case was closed according to the judge's verdict, because there was no corpus delicti in it.

It is possible to leave the scene of a traffic accident with impunity only if there are minor losses to the property of the participants, in the absence of injury to human health.

If the reason for leaving the scene of an accident is not included in the list of articles of the Code of Administrative Offences, and the consequences are serious.

It is possible to mitigate the penalty only if there is evidence that factors were at work that prevented the fact of the incident from being recognized, or that there was an urgent need to leave the scene of the road accident.

To guarantee more effective protection, it is advisable to use the qualified services of a car lawyer, assist in the investigation, and agree on peaceful compensation for all consequences.

For a breakdown of the categories of the new 2019 driver's license, see the page.

Find out where to go to replace your driver's license from this information.

Video: If you are accused of leaving the scene of an accident (05.25.12)

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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Judicial practice on unintentionally leaving the scene of an accident

Home » Road accidents » Registration of road accidents » Judicial practice on unintentionally leaving the scene of an accident

Road users are required to follow the same rules of behavior regardless of the location of the collision: on the highway, on the streets of a populated area, in a parking lot or in the yard of their own home. If the case does not allow them to draw up a European protocol, then they should wait for the traffic police officers and complete all the necessary documents.

If any of them leaves before the police arrive, then his actions can be regarded as an offense that entails administrative liability. The driver is subject to one of two punishments: deprivation of the right to drive a car or administrative arrest.

Many people are interested in whether the reasons that prompted the participant in the accident to commit these actions will be taken into account? Will he be punished if he leaves the scene of the accident for compelling reasons?

How to prove unintentional leaving the scene of an accident

It is not possible to talk about illegal leaving the scene of an accident by a person in all cases. For example, if, as a result of an accident, serious bodily injury was caused to people or someone died, then there can be no excuse for the person responsible for the accident. The court may recognize his behavior as unintentional if only the vehicles of the participants in the accident were damaged in the accident and minor damage was caused to them.

When assessing the behavior of the perpetrator of an accident, the opinion of the injured party is of no small importance. Therefore, the first step is to take measures to resolve relations with the party injured in the accident: compensate for the damage caused. The absence of material claims from victims is regarded as a mitigating circumstance and is taken into account by the court when determining the penalty.

The following facts are also of great importance:

sincere repentance of the culprit of the accident;
his full admission of guilt.

At the same time, explain the reasons that led to the accident. For example, confirm that on the day of the accident there were poor weather conditions and visibility on the road was poor. To do this, obtain a certificate from the local weather service.

Please note the statute of limitations. If they have expired, then the question of administrative liability is removed. For cases of this category it is equal to three months.

Let's look at a few examples from judicial practice in cases of drivers leaving the scene of an accident.

Example 1. A minor collision between two cars occurred on one of the streets of St. Petersburg. The culprit of the accident did not notice the moment of the collision and continued further movement. The injured car owner called the traffic police. As a result of the measures taken, the culprit was identified and deprived of the right to drive a car for one year.

Disagreeing with this decision, the person responsible for the accident appealed it. When the case was re-examined, he admitted his guilt. By this time, they had also compensated the injured party in full. The victim in court did not insist on punishing the culprit of the accident and did not object to his release from liability.

Taking into account all these circumstances, the city court limited itself to issuing a verbal warning to the culprit of the accident. This example highlights the importance of finding a common language with the party injured in an accident.

Example 2. An accident occurred in Novosibirsk involving a bus and a car. The bus driver left the scene of the accident because he did not notice what had happened. The driver of the car was forced to call the traffic police. Administrative proceedings were initiated against the bus driver. The victim wrote a statement asking for the case to be considered without his participation.

In court, the person responsible for the accident managed to prove that he did not notice the accident, since the victim did not give any signals to attract his attention. This circumstance was confirmed by the testimony of witnesses. In court, the culprit of the accident confirmed his desire and availability to fully repay the damage he caused.

How is an accident reported without the traffic police?

Read here what to do after drawing up a European protocol in case of an accident.

The judge dismissed the case, considering that the actions of the person responsible for the accident did not constitute an administrative offense. This example demonstrates the possibility of proving the absence of intent in leaving the scene of an accident.

A review of judicial practice shows that the opportunity to avoid liability or mitigate punishment is possible only when it comes to minor damage caused to the property of participants in the accident. In fatal accidents or when there is damage to the health of road users, leaving the scene of an accident does not go unpunished.

Practice of court decisions on leaving the scene of an accident

When considering cases in courts, it is important to establish the following circumstance: did the culprit of the accident intentionally leave the scene of the accident or did he not do it on purpose.

Example 1. Under certain circumstances, a person who left the scene of an accident will be liable not only under an article of the Administrative Code of the Russian Federation. His actions may contain signs of such a criminal offense as leaving a victim in danger.

The driver of a car ran over a pedestrian crossing the road at night. Frightened, he fled the scene of the accident, leaving the victim unconscious. The accident occurred on a highway where traffic was limited at that time of day. Therefore, the victim was taken to the hospital only several hours later by the truck driver who discovered him. Despite the assistance provided, the victim died.

The forensic medical examination established that timely medical assistance would have saved his life. The culprit of the accident was charged under two articles of the Criminal Code of the Russian Federation: under Art. 264 of the Criminal Code of the Russian Federation for violating traffic rules and under Art. 125 of the Criminal Code of the Russian Federation - leaving the victim without help. By a court verdict he was sentenced to imprisonment for a significant period.

Example 2. Otherwise, criminal cases are completed in which the fact that the culprit of the accident left the scene of the accident due to his carelessness is proven. After a minor collision, he continues to move along the road, not noticing that he hit a car driving nearby. In one of these cases, the driver was convicted under Art. 12.27 Code of Administrative Offenses of the Russian Federation.

The convict turned to a lawyer for help. The forensic examination concluded that contact between the two vehicles could not be ruled out. It was not confirmed that the vehicles collided. The lawyer believed that there could not have been a collision between the cars of the victim and the person found guilty.

An independent examination confirmed that if there was damage to the victim’s car, we can say that the collision occurred with another car: the location of the manipulator hooks of the car responsible for the accident did not correspond to the location of the damage to the victim’s car.

Witnesses testified that they themselves were not eyewitnesses to the collision. But they assumed that it happened only after the alarm was turned on by a certain sound. In court, it was established that at that time construction work was being carried out at the accident site and the alarm could have been triggered by the noise of the tools used by the workers. The driver was found not guilty.

Evidence of innocence of leaving the scene of an accident for trial

The person who left the scene of the incident has the opportunity to prove in court that he is not guilty of this.

There are certain cases when the culprit of an accident leaves the scene of the accident, but he is not brought to administrative or criminal liability:

if an accident occurs in the middle of the road, the parties can record the incident by video or photography, and then pull over to the side of the road. Thus, they remove obstacles to traffic and their actions to leave the scene of an accident are recognized as justified;
if the culprit of the accident left the scene of the collision to take the victim to the hospital to provide him with medical care;
if on the way to the hospital he commits an accident, then the court may acquit him, since the violation was due to the need to quickly deliver the victim to a medical facility;
if there was a small collision that could go unnoticed by the culprit. This happens quite often. Under such circumstances, the best way to resolve the situation is to have an agreement between the perpetrator of the accident and the victim on the peaceful settlement of all issues, including property issues.

The opinion of the victim is of great importance for the court when making a final decision in the case. If the culprit left the scene of the accident for the reasons stated above, then he should subsequently immediately report to the traffic police, write a statement in writing and indicate the reasons why he had to leave the scene of the accident.

The court will take into account all the circumstances of the accident: weather conditions, the severity of the damage caused, the behavior of the culprit of the accident, his admission of guilt and the presence of remorse for his actions.

The law provides for the possibility of dispensing with traffic police officers if no more than two cars are involved in an accident, there are no injuries to those involved and there is minor material damage. In this case, you can limit yourself to drawing up a European protocol.

What happens if you didn’t notice an accident and drove away: judicial practice

It is difficult not to notice a collision with another car. This is evidenced by a blow, a change in the trajectory of movement, and characteristic sounds. In 99% of cases, if a driver leaves the scene of an accident, he will be punished under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation. You can avoid deprivation of rights if you prove the absence of guilt. Read the article on how to protect your rights if you didn’t notice the accident and drove away.

Is your license revoked if you leave the scene of an accident and don’t notice any damage?

Yes, they are deprived, and it is extremely difficult to challenge the court’s decision. The law harshly prosecutes drivers who try to escape from the scene of an accident without taking part in paperwork or providing assistance to victims. I would like to note right away that an attempt to avoid punishment for violating traffic rules in this way is almost always doomed to failure. According to video cameras, recorders and eyewitness testimony, the driver who left will be quickly found and his license will be deprived for a period of 1 to 1.5 years.

Here's what the law says about leaving the scene of an accident:

clause 7.2 of the traffic rules stipulates that every participant in an accident is obliged to immediately stop his car, not move it, put up emergency signs, and turn on the alarm;
You can leave the scene of the accident or move the car if this is required to deliver victims to the hospital or remove obstacles to the movement of other cars;
according to paragraphs 2.5-2.6.1 of the traffic rules, if one of the participants left the scene of the incident, a traffic police inspector must be called.

Note! Notification of an accident, including under the Europrotocol program, is not issued unilaterally. It is understood that the absence of the second driver means that he deliberately disappeared, trying to avoid punishment and establishing a picture of the incident. Even if there were legal grounds for leaving the scene of the collision, the departing car owner will have to prove his innocence.

Upon the absence of the second driver, a protocol is drawn up under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation. If the accident results in the death of people or serious harm to health, a criminal case is initiated. Since the potential culprit is absent, he is deprived of the opportunity to immediately present evidence in his defense and explain that he unintentionally drove away from the scene of the accident without noticing the damage.

In legal proceedings, the legality of drawing up the protocol can be challenged. Practice shows that only in exceptional cases will the court take into account the arguments of the offender. However, using the Supreme Court Resolution dated September 22, 2016 in case No. 38-AD16-5, and other judicial acts, it is possible to build a line of defense and prove that leaving the scene of an accident occurred unintentionally. It is almost impossible to do this without the support of a lawyer, so immediately contact experienced specialists.

In what cases can you not notice the damage and drive away?

If we consider cases where a car owner deliberately flees the scene of an accident, it is difficult to prove innocence and avoid deprivation of rights. The only real defense may be the expiration of the statute of limitations for prosecution. However, traffic police specialists have long stopped making basic procedural errors; they transfer administrative material to the court immediately after establishing the identity of the violator.

We will figure out how you can prove that you left the scene of an accident without noticing the fact of the collision and damage. In practice, such cases may arise:

due to the insignificance of contact between two vehicles - for example, a second of friction between cars, contact with a bumper or other part of the car;
due to noise from road traffic, when the characteristic sounds of crackling, ringing, grinding are objectively impossible to hear;
due to the specific dimensions of your vehicle (for example, in case No. 38-AD16-5 we were talking about a trolleybus, whose dimensions and design create many blind spots);
in a non-contact accident when damage is caused to only one car - for example, if a load flying off your car damages another car.

Without noticing the external manifestations of the contact and the resulting damage, you may not pay attention to the signals of the victim and other road users. The situation will be even more difficult when there was no driver in the damaged car (for example, if it was parked on the road or in another place).

Legal advice . Having unintentionally left the scene of an accident, you cannot immediately indicate the absence of fault in the protocol and notice. Therefore, it is important to receive subpoenas, notifications from the traffic police or from the insurer in a timely manner. Knowing the date of the hearing, you can prepare evidence and find an experienced lawyer. Having ignored participation in the court of first instance, it is much more difficult to succeed on appeal.

If you find damage to the car already in the garage or after stopping, study the recording on the DVR (if you have one). Try to remember the entire path of movement, the possible location of the collision. It would be wise to return along the route. If the accident happened in the next few minutes or hours, there is a possibility that your absence has not yet been noticed. In this case, call the traffic police inspector yourself and participate in drawing up the protocol. It is easier to pay a fine for violating traffic rules than to prove innocence when deprived of rights under Art. 12.27 Code of Administrative Offenses of the Russian Federation.

How to prove innocence if you drove away and didn’t notice the accident

If you have received a subpoena, we advise you to come immediately and familiarize yourself with the case materials and make copies of documents. This will allow you to assess the seriousness of the charges, choose a defense tactic, prepare evidence, and contact a lawyer. In my practice, there have been cases when a completely unrelated driver was brought to justice. The victim’s video recorder showed only the general outline and color of the culprit’s car, without license plate numbers or other identifiers. When considering this case, all doubts were interpreted by the court in favor of the client, and we achieved a refusal to deprive of rights under Art. 12.27 Code of Administrative Offenses of the Russian Federation.

Legal advice . It is quite difficult to establish the identity of a driver who left the scene of an accident. It is almost impossible to prove who exactly was driving using camera or dash cam recordings. Therefore, traffic police officers have the right to draw up a protocol against the owner of the car if the evidence contains a license plate number or other identifier. The owner will have to prove that the car was driven by another person by proxy.

Based on the case materials, you can begin preparing for the trial. As stated in the Resolution in Case No. 38-AD16-5, the guilt of violating traffic rules lies in the deliberate nature of leaving the scene of the accident. The driver must be aware that he is breaking the law, knowingly allowing it to happen, or demonstrating indifference. If you did not notice the accident and drove away, you can prove the absence of guilt in the following ways:

order an examination of the damage to your car (they may not coincide with scratches, cracks or other defects on the victim’s car);
provide evidence that on the day specified in the protocol you were in another city or region (for example, on a business trip);
provide a description of the road situation at the scene of the accident, i.e. constant and active traffic, the presence of noisy production, railway transport routes;
describe the design features of your vehicle that make it impossible to see some damage and impact locations;
take to court a recording from your registrar, which does not contain any external manifestations of impacts or collisions;
call witnesses who also did not notice the moment of contact with another car (for example, you can invite the passengers of your car).

Note! The law obliges to interpret all doubts and inconsistencies in the case in favor of the offender. It is difficult to count on this in the first instance, but higher courts can evaluate such moments. Therefore, when speaking during the trial, insist that all your arguments and explanations be included in the protocol.

If you were driving public or official transport, take your waybills and route certificates to the court. This will confirm that even without noticing the damage and leaving the scene of the accident, you acted unintentionally and followed the usual route of travel. You can also refer to the post-trip inspection, which did not reveal any damage to the body or parts of the vehicle.

Is it possible to challenge the punishment?

Even after presenting the above evidence, it is impossible to guarantee a positive outcome of the case. It is better to consider in advance the prospects for further appeal if you are deprived of your rights under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation. If there are documents, records and your explanations in the case materials, they must be referred to in complaints. Naturally, at all stages of the appeal, use the support of a lawyer, as you will have to use additional defense options.

Arbitrage practice

To this article we have attached a copy of the Resolution of the RF Supreme Court in case No. 38-AD16-5. Be sure to look into it if you are charged with leaving the scene of an accident. Although the court considered a specific case regarding a trolleybus driver, most of the conclusions can be applied to other situations. We also recommend that you study our previous material, in which we talked about methods of defense in case of deprivation of rights for fleeing the scene of an accident.

Judicial practice in cases when it comes to unintentionally leaving the scene of an accident takes into account the following points:

consistency of the defendant’s position (for example, if from the first day onwards you stated in documents that you unintentionally drove away without noticing the accident, and did not change your position);
lack of direct evidence that it was your vehicle that caused damage to the victim’s car;
bias and one-sided description of the circumstances of the accident made by police officers (for example, if recordings from video recording cameras from the road were not requested, eyewitnesses were not interviewed).

Remember, if the driver left the scene of an accident without noticing the collision or damage, he is not guilty of violating traffic rules. By starting your defense in a timely manner, you will be able to achieve a positive court decision.

If you need help with Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, although you left the scene of an accident without noticing this moment, contact our lawyers. Consultation can be obtained by calling the numbers listed on the website or using the feedback form. Do not delay contacting lawyers, as this will reduce the chances of fighting off the deprivation of rights.

Didn't notice the accident and drove away

Leaving the scene of an accident can result in serious punishment. The traffic rules interpret this situation unambiguously, so it is unlikely that you will be able to avoid liability.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

+7 (812) 317-50-97 (Saint Petersburg)

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE !

What if the collision was minor, and the driver did not notice the moment of the accident and drove away, the victim also drove away, and soon the traffic police were called?

Actions of participants in the accident

In order not to bear administrative responsibility for violating the Traffic Rules regarding the registration of traffic accidents, you must remain at the scene of the accident until the police arrive.

It is worth considering that although leaving the scene of an accident does not entail a fine, you may have to pay for incorrect actions after the accident.

Therefore, the driver must understand what the sequence of actions should be:

It is necessary to stop the vehicle, preventing its further movement using the handbrake.
Turn on the alarm.
Put up a warning triangle.

Once these actions have been completed, it is prohibited to move vehicles or remove any debris or fragments that could provide some information about the incident. Each vehicle must remain in the position it was in at the time of the accident.

The location of a vehicle involved in a traffic accident can only be changed if the vehicle interferes with the free passage of other road users.

However, before doing this, it is important to do the following:

produce high-quality photo and video shooting;
draw up an accident diagram;
mark the previous location of the vehicles, confirming this with eyewitness accounts.

If people were killed or someone was injured in a traffic accident, it is necessary:

immediately call emergency medical services and local police;
if necessary, you can take the victim to the hospital so as not to waste time, but then return to the scene of the incident. In this case, leaving for a medical facility will not be considered leaving the scene of an accident and you will not have to bear responsibility for this;
sometimes you can use the help of other road users to transport victims to a medical facility, if it is obvious that waiting for an ambulance to arrive could be fatal for a person;
Next, you need to wait for the arrival of police inspectors. It is prohibited to leave the scene of the accident. While waiting, you should collect witness statements with personal information and telephone numbers.

Sanctions against the culprit

Punishment for leaving the scene of an accident is not provided in the following cases:

the European Protocol was drawn up in accordance with all the rules;
the participant in the accident took the victim to the hospital;
the vehicle interfered with the passage of other drivers.

In other cases, even unintentionally leaving the scene of an accident entails liability. The table below is based on Article 12.27 of the Administrative Code.

Table. Types of penalties for violations in road accidents.

To avoid punishment, it is important to strictly follow the procedure for registering traffic accidents and wait for the police to arrive, even if the second participant in the incident has left.

Victim

If damage was found on the car that was not there before, most likely there was an accident, after which the culprit disappeared. How to restore justice?

Do not think that if the culprit has left, it is impossible to find him.

There are several reasons to contact the police:

the license plates of the culprit could be captured on external surveillance cameras on nearby buildings;
there may be eyewitnesses to the incident and, perhaps, some of them managed to see the model and color of the car;
neighboring cars that are equipped with DVRs may have the necessary data.

In most cases, the missing driver has been around for quite some time. Since leaving the scene of a traffic accident is regarded not so much as a violation of traffic rules, but as a failure to comply with the norms of the Administrative Code.

The search for the culprit driver is carried out by traffic police officers, investigators and operatives.

How to fix the situation

In order not to have to think about how to correct the situation after leaving the scene of the accident, it is better to always wait for the police or at least try to amicably “agree” with the other participant in the road accident.

By leaving the scene of an accident, even an innocent participant in the accident can become the culprit.

In addition to losing your driving privileges, you may have to pay for repairs to another vehicle. The road accident diagram drawn up by the driver who waited for the police officers and the inspectors may not reflect the true state of affairs.

As a result, the second driver, becoming at fault, loses the opportunity to cover his own expenses for car repairs, and his insurance company will also have to compensate the other driver for the damage.

Then, in addition to administrative responsibility, you will also have to bear financial responsibility to the injured person. This is due to the fact that without the presence of the second participant in the accident, it is impossible to properly prepare all the documents.

This means that it is useless to count on payment. (Based on Clause 3.10 of the “Rules for compulsory civil liability insurance of vehicle owners”).

The situation can only be corrected by the fact that the driver left the scene of the accident without noticing that it had happened.

This happens:

with light touches, for example, on busy roads in traffic jams;
when leaving the parking lot.

What threatens the driver in this case? The decision on what form of punishment will be applied in each specific case and whether it will be applied at all is made by the court.

If the court receives evidence that the driver did not see that he hit another car or that the reason for leaving the scene of the accident was significant, they may be released from liability.

If you are called to the traffic police

Regardless of whether the driver is at fault for a minor accident or not at fault, there are always two options for the development of the situation. To decide whether to appear at the State Traffic Inspectorate or not, you should weigh all the facts.

The man, who did not notice the collision, calmly drove home. However, he soon discovers that he is being called to the traffic police. It also happens that a note with relevant information is glued to the glass. Should you go to the police?

However, most often the traffic police have no reason to suspect a specific car. They only have information that the driver left the scene of the accident.

It can take a lot of time to find the culprit. During this period, the statute of limitations often expires, after which no one has the right to bring charges.

If you come to the traffic police, you won’t have to look for the driver who left the scene of the accident. Most likely, the case will go to court.

In rare cases, it can be proven that a minor collision went unnoticed and the driver actually had a reason to leave the scene.

To ensure that the car is not found within three months, and charges are not brought and brought to court, you should use the following recommendations:

do not use this vehicle;
not to appear at the traffic police department when notified;
store cars in closed parking lots or garages;
temporarily live not at the place of registration, as inspectors can visit your home.

This is the only way to avoid liability for unintentionally leaving the scene of an accident. The law is very clear on such matters.

To compensate for damage under compulsory motor liability insurance

To receive compensation in accordance with the MTPL policy, you must remain at the scene of the incident until the police arrive and fill out all the necessary documents.

In some cases, drivers decide to call the police, stipulating that they will independently record the accident diagram, and then go to the nearest post to complete the remaining documents.

After leaving the scene of the accident, with the exception of drawing up the European Protocol in accordance with all the rules, payment of insurance compensation will be refused.

Even an innocent driver who leaves the scene of an accident cannot expect to be covered for damages.

Cases of judicial practice, if you did not notice an accident and drove away

From the courtroom:

An incident that occurred in St. Petersburg, when a driver hit another car, left his phone number and drove away. Although he returned a few hours later, the court did not take into account the fact that he was late for an important meeting and there was a child in the car. The driver was deprived of his driving privileges.
In another case, a car that was transporting special equipment for road repairs was involved in an accident. The court ruled that waiting for police officers would lead to downtime of technical work, so it limited itself to a warning.

To protect yourself, you should not leave the scene of the accident. Most minor damages are covered by compulsory motor liability insurance payments, which can be obtained if all documents are properly completed.

If the accident really went unnoticed, it is better not to get out of the car to make sure of this, and look for witnesses who are ready to confirm this fact.

Video: How to find the person who crashed your car.

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

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Didn't notice the accident and drove away judicial practice

A metropolitan motorist found himself in an unusual situation when he arrived in his own yard. Driving between the cars, he did not notice that he hit a parked taxi car, drove past and left his car nearby. The taxi driver called the traffic police inspectors, who not only identified the culprit by eye, but also drew up a report against him for leaving the scene of the accident.

According to Part 2 of Article 12.27 “Failure to fulfill duties in connection with a traffic accident,” such an act is punishable by deprivation of rights for a period of one to one and a half years or administrative arrest for a period of up to 15 days. But the culprit of the accident, Roman Alekseev (last name changed at the request of the hero), does not agree that it was he who polished the taxi driver’s car, and hopes to retain his license.

“When I went to my car the next day, there was a note on the glass asking me to contact the specified phone number,” Alekseev told Autonews.ru. “Then I noticed marks on the car that were characteristic of the situation of “getting used to it while parking.” Judging by the location of the car, I got used to it. It turned out that the note was left by a taxi driver from a neighboring house. His car is on rent. When the taxi driver saw the tracks, he called the traffic police according to the instructions. They inspected the yard, found my car and wrote out a determination that I had caused the accident, and then fled the scene of the accident. And they opened a case.”

The driver claims that his car is leased from the employer company and is insured under comprehensive insurance and compulsory motor liability insurance - with such a set, there was simply no point in deliberately leaving the scene of the accident. The situation could have been resolved more simply, says Alekseev: “The second driver has no complaints, he understands that the insurance companies can easily reach an agreement among themselves. But the definition for me has already been drawn up. I called the insurance commissioner to the place, but he says that I will still be deprived of my rights.”

Now Alekseev cannot say with certainty that it was he who hit the taxi. “I parked parallel with my back, I was in a hurry, the music was playing loudly, I didn’t see or hear anything suspicious. The taxi driver only had the film torn off, perhaps even the paint layer was intact. I think if something more serious had happened, I probably would have noticed. Although experts told me that the characteristic marks on the cars are the same,” says the motorist.

The lawyers explained that in such a situation, even when the motorist did not cause serious damage and, as he assures, did not have malicious intent to leave the scene of the accident, he still faces deprivation of his license. From the point of view of the law, in this situation, the fact of leaving the scene of the accident is important, and not its significance.

Lawyer Alexander Lehmann explains that escaping from the scene of an accident is interpreted by law as a very suspicious act and is therefore so severely punished: “The runaway driver may have weapons, drugs, and may be wanted. The legislator proceeds from the fact that if a motorist leaves, it means he had some reason for this.”

Speaking about the described incident, the lawyer confirms that in this situation there will be a 100% deprivation of rights: “The driver has no right not to notice that he was involved in an accident, he cannot ignore that he caused harm to other road users. The explanations “didn’t notice” and “no damage” do not work here. If you don’t feel like you caused an accident, then there is reason to think about how successfully you passed the medical examination to obtain your license. Here the driver himself is not completely sure what happened, but the courts have a clear view of this state of affairs: you cannot polish other people’s cars.”

At the same time, the lawyer clarifies: if the contact between the vehicles turned out to be insignificant, and no damage occurred at all, then the question of lack of intent could be raised in court. Drivers who find themselves in such a situation have every chance to reclassify the case to a lighter Part 1 of Art. 12.27 of the Administrative Code, which only entails a fine of 1 thousand rubles.

“In this case, it can be proven that the person was not aware that he had committed an accident, and he did not have the intention to run away, violating the legitimate interests of third parties. In my practice, there are cases when the courts cooperate and actually reclassify cases,” adds Lehmann.

According to the lawyer, if the driver is absolutely sure that he did not hurt anyone, and the opponent’s complaint is not justified, this will have to be proven in court. In such a situation, traffic police officers have the right to determine only the possible culprit of the accident by comparing the nature of the damage and indicating this in the protocol. But this is not the final authority.

If there are no witnesses and there are no camera records, then you can order an examination and ask the experts questions about whether the nature of the damage corresponds to the current road situation and whether the damage could have occurred as a result of contact between specific vehicles. Often such examinations show that the nature of the damage is not comparable with the height and mechanism of the formations existing on the two cars.

Lawyer Marat Amanliev agrees with this opinion. He argues that if the driver is confident of his innocence, it is necessary to insist on an examination. “In such cases, guilt cannot be established on one’s fingers,” the expert said.