What threatens the culprit of an accident without victims?

What does a driver face if he fled the scene of an accident: fine, liability

Even the most disciplined and law-abiding driver in the first minutes after an accident, especially a serious one, will have a thought: “Should I drive away from the scene of the accident, in case they don’t get caught?” Some, in a state of emotional turmoil, implement this risky plan into reality. What are the risks and is it possible to avoid punishment? Let's figure it out.

The thought of fleeing the scene of an accident occurs to many drivers, especially if other cars and people were seriously injured due to their fault.

Road accidents, as defined by the Road Traffic Rules, include events that occur with the participation of a vehicle and cause damage to cars, cargo, structures, and cause harm to the health and life of people. The obligation to remain at the scene of a road incident for all drivers - both the perpetrators and the victims - is established by the Russian Traffic Regulations.

According to the traffic rules, after an accident occurs, its participants must take a number of measures , such as:

take care of the victims (provide emergency assistance, call a medical team, take them to the hospital);
record the circumstances of the accident by photographing/videoing and drawing up a diagram;
clear the road of cars so as not to impede traffic;
find witnesses and record their contact information;
call the police or agree with other participants in the car accident to independently resolve the conflict, draw up a European protocol.

If the driver leaves without complying with these requirements, he will face inevitable punishment.

Why do motorists flee the scene of an accident?

Drivers leave the scene of an accident for various reasons:

Intentionally leaving the scene of an accident

Most often, those involved in an accident try to escape because they hope to avoid responsibility for the traffic violations they committed, damage to property, and harm to the health and lives of people. This mistake is especially often made by those responsible for accidents who are intoxicated.

Unintentionally leaving the scene of an accident

It is not always the case that a driver fleeing the scene of an accident wants to escape responsibility.

Sometimes the culprit of an accident simply does not notice that he damaged someone else’s car.

For example, when leaving a parking lot, it hits the bumper or mirror of a nearby car and scratches the body. The owner of the damaged car is not nearby, the alarm does not work. The guilty driver does not notice that he has damaged someone else’s property and goes about his business with a calm soul. Another situation is also possible. After the accident, the drivers agreed to resolve the conflict without involving the insurance company and the traffic police, exchanged phone numbers and parted ways. But one of them, after some time, came to the scene of the accident again and called the police. The second one was automatically considered to have fled the place where the road incident occurred.

When the accident is not serious, the driver can leave the scene of the accident without noticing the damage caused to someone else’s car

If the driver left the scene of the accident without malicious intent and can prove it, then it is likely that the court will acquit him.

How will they punish a driver who left the scene of an accident without injury or death?

In paragraph 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, we read that a driver who does not remain on the spot after a traffic accident that does not contain signs of a criminal offense is deprived of the right to drive a car and other vehicles for 1-1.5 years. He may also be arrested, the period of arrest will be a maximum of 15 days.

How will a driver who leaves the scene of an accident with dead/injured be punished?

If people were injured or killed in a car accident, then the punishment for it is no longer established by the Code of Administrative Offenses, but by the Criminal Code of the Russian Federation (Article 264). In this case, leaving the scene of the accident will be regarded as an aggravating circumstance, equivalent to being behind the wheel while intoxicated. You can see the penalties in the table.

will be sent to perform forced labor. Maximum period – 3 years

deprived of freedom. Maximum term – 4 years

In both cases, the person responsible for the accident is prohibited from working in certain positions or performing a number of activities for up to 3 years.

imprisoned for 2-7 years;
will be banned for up to 3 years from working in a number of positions or carrying out certain types of activities.

imprisoned for 4-9 years;
will be banned for up to 3 years from working in a number of positions or carrying out certain types of activities.

How is the punishment given?

A traffic police inspector may issue a fine for failure to perform actions related to an accident in the amount of 1,000 rubles. Decisions on all other types of punishment (forced labor, deprivation of a driver's license, arrest) are made only in court.

A negligent driver's license can only be revoked through court

As for the terms of sentencing, they are as follows:

no more than 2 months are given to obtain a decision in administrative cases (Article 4.5 of the Administrative Code);
3 months are allocated to obtain a court order and punish the culprit;
the decision on the offense (Article 12.8 and Article 12.24 of the Code of Administrative Offenses of the Russian Federation) must be issued within 1 year.

When should you leave the scene of an accident?

if a car accident is registered without the participation of the traffic police - after drawing up a European protocol and transferring it to the nearest police department or traffic police post;
if a car accident is registered with the participation of the traffic police - after drawing up and signing a protocol on an accident , a protocol on an administrative offense. Law enforcement officers can detain a participant in a traffic conflict. The grounds for this may be, for example, the driver’s lack of documents, his potential danger to surrounding people, etc. Part 1 of Article 27.5 of the Code of Administrative Offenses establishes the maximum period of administrative detention. Participants in an accident cannot be forced to remain at the scene of the accident for more than 3 hours from the moment the traffic police are notified of the traffic accident.

If people are seriously injured in an accident, the participant in the accident can take them to a medical facility in a personal car. He must immediately report the traffic incident to the traffic police or the police and, after handing over the victim to medical workers, immediately return to where the accident occurred. If this is not done, the driver may be considered to have fled the scene of the offense.

Can a driver who leaves the scene of an accident go unpunished?

If the scene of the accident was left unintentionally and the culprit manages to prove this, for example, using recordings from surveillance cameras or testimony of witnesses, then the court may rule in favor of the driver.

You can also avoid punishment if the culprit of the accident has compelling reasons to leave the scene of the accident. For example, he was transporting a seriously ill person to the hospital and, having had an accident, did not stop to carry out the actions prescribed by the traffic rules. But if the driver did the same thing, being late for a meeting or to the airport, this will not be considered a valid reason, since there was no threat to human life.

Thus, in order to avoid punishment, it is necessary to prove to the court that the driver left the scene of the car accident without malicious intent.

What is the statute of limitations for leaving the scene of an accident?

Article 4.5 of the Code of Administrative Offenses of the Russian Federation states that the decision on the punishment for administrative offenses must be made within up to 3 months . If during this time the judicial authorities have not issued a ruling on arrest, deprivation of rights, or assignment to forced labor, sanctions for disappearing from the scene of an accident will no longer follow.

But you need to remember that even after 3 months, the injured party can demand compensation from the driver for the damage that was caused to her as a result of the car accident. The deadline for filing a claim in court, according to the Civil Code of the Russian Federation (Article 196), is 3 years from the date of the incident . And if there are injuries or deaths as a result of an accident, the statute of limitations for criminal cases applies - from 2 to 15 years, depending on the severity of the crime (Article 78 of the Criminal Code of the Russian Federation).

In an attempt to avoid responsibility by leaving the scene of an accident, most drivers only increase their punishment.

Leaving the scene of an accident is a big mistake. It is almost impossible to remain unpunished today, when CCTV cameras are installed almost everywhere and cars are equipped with GLONASS systems. Therefore, flight will only aggravate the punishment that awaits the culprit of the accident. Remember this and follow traffic rules and laws.

Fine for an accident - what is the responsibility for the culprit of the accident in 2019

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Road accidents are, unfortunately, a common occurrence. Therefore, every motorist needs to know the laws regarding road accidents, what punishment he faces, what the fine is if he gets into an accident and is at fault. Liability measures for road accidents depend on the severity of the violation that provoked the collision and the severity of the consequences. If people were seriously injured in a disaster (even to the point of death), then the penalties are regulated by the Criminal Code (CC) of the Russian Federation. If there were no fatalities, then liability is considered by the Code of Administrative Offenses (CAO) of the Russian Federation.

Fine for an accident to the culprit of the accident in 2019

The guilty citizen bears the burden of three types of liability in an accident:

civil. This means that the perpetrator must compensate the victim for the harm caused. This obligation is spelled out in Art. 1064 of the Civil Code (Civil Code) of the Russian Federation: “Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, is subject to compensation in full by the person who caused the harm.” Compensation is carried out either by the insurance company (IC) of the culprit, or by the citizen himself;
administrative. It is assumed that the culprit must pay for the traffic violation that caused the car accident. Punishment for road accidents is regulated by Chapter 12 of the Code of Administrative Offenses. Depending on the seriousness of the violation committed, the culprit may be charged with:
1. Penalties up to 30 thousand rubles;
2. Ban on driving a vehicle (vehicle) for up to 2 years;
3. Arrest up to 15 days;
4. Correctional work up to 200 hours.

criminal This liability is imposed if people are seriously injured or killed as a result of a car accident. Maximum liability under the Criminal Code is 9 years in prison.

Thus, a fine for an administrative offense (up to 30,000 rubles based on the severity of the offense), paid to the state treasury, does not annul penalties in the context of civil and criminal liability.

Fine for failure to maintain distance in an accident

Failure to maintain a certain interval between vehicles when driving is the most common cause of accidents. The traffic rules (clause 9.10) prescribe: “The driver must maintain such a distance to the vehicle moving in front that would allow him to avoid a collision, as well as the necessary lateral interval to ensure traffic safety.” In this case, the condition must be met: both cars must move. If one of the vehicles is standing, then the provision on maintaining distance loses all meaning. As a rule, when driving forward, the citizen driving the car behind is at fault for the collision. What is the fine for violators for road accidents where the distance is not maintained? According to Art. 12.15 (part 1) of the Code of Administrative Offenses, this penalty is 1,500 rubles.

Fine for creating an emergency on the road

An emergency situation on the road can be triggered by any failure to comply with traffic rules. Let's consider the most common offenses and the traffic police fines applied to them for the owner of the vehicle:

What are the dangers of an accident when driving in reverse? Drivers use reversing for parking, leaving a parking lot, and when making a U-turn. Reversing is prohibited :

at a crossroads;
in a tunnel, on a bridge, overpass;
at a pedestrian crossing;
on highways and main roads;
within and in front of railway crossings;
at public transport stops;
in areas with poor visibility.

The punishment depends directly on the nature of the violation committed and the consequences. Thus:

moving on the highway in reverse will cost the driver 2,500 rubles;
Such a maneuver at a railway crossing will result in deprivation of rights for six months or a fine of 5,000 rubles.

Fine for not having a warning triangle

Every vehicle must have an emergency sign. This is prescribed by the traffic rules in the list of conditions under which the vehicle is prohibited from operating, in clause 7.7. This sign is intended to warn road users about the source of danger on the roadway. After an accident, the vehicles involved in the accident become such. What happens if you don’t put up a warning triangle? The absence of a sign, according to Ch. 12.5 of the Administrative Code (Part 1), punishable by payment of 500 rubles. If the driver has this sign, but was not placed on the road during the accident, then the punishment, according to Art. 12.27 (part 1) Code of Administrative Offenses - 1000 rubles.

Criminal liability

A criminal case under an article of the Criminal Code of the Russian Federation is initiated if people were injured in a disaster. In this case, their health was seriously damaged or one or more people died. Liability for such a car accident is regulated by Art. 264 of the Criminal Code and is being investigated by an accident investigator. If, as a result of a road incident, damage to health was caused, then the culprit (Part 1 of Article 264 of the Criminal Code): “... is punishable by restriction of freedom for up to three years or forced labor for up to two years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years or without it, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.” If the citizen who was driving at the time of the traffic accident was drunk, then the prison sentence increases to 4 years . In the event of the death of the victim, the culprit, according to Part 3 of Art. 264 of the Criminal Code: “... is punishable by forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years".

Who is responsible for the accident: the owner or the driver

Russian legislation in terms of prosecution for offenses is based on the principle of the presumption of innocence. This means that a citizen must be held accountable only for those offenses for which guilt has been proven. This is stated in section 1.5 (part 1) of the Code of Administrative Offenses: “A person is subject to administrative liability only for those administrative offenses for which his guilt has been established.” Consequently, if the fault of the citizen who was driving the vehicle at the time of the collision is proven in the incident, then this citizen is responsible for the accident. It does not matter whether this person is the owner of the vehicle, a driver authorized to drive it, or a person who has taken possession of the vehicle without the knowledge of the owner. The owner of the car is not liable for an accident committed by another person.

What happens if you get into an accident without a license?

If a citizen, while driving a car without a driver's license (VL), becomes a participant in a road incident, then the extent of responsibility will depend on whether he is the guilty party or the victim. Let's consider both options.

A citizen without rights is an injured party. In this case, he will be charged under Ch. 12.3 (part 2) of the Administrative Code: “Driving a vehicle by a driver who does not have documents with him for the right to drive it ... entails a warning or the imposition of an administrative fine in the amount of five hundred rubles.” A fine of up to 15,000 rubles if the citizen does not have a driver’s license in principle (Article 12.7, Part 1 of the Administrative Code). The consequences of an accident with an expired license are a fine of up to 30,000 rubles, and also if the person was previously deprived of a driver’s license (Article 12.7, Part 2 of the Administrative Code).
Cause of an accident without a license. This scenario involves imputation of guilt according to the following legal norms:
- compensation for damage (Article 1064 of the Civil Code);
- administrative liability for violation of traffic rules resulting in a collision (Chapter 12 of the Administrative Code);
- criminal punishment if serious damage to health is caused or in the event of the death of the victim (Article 264 of the Criminal Code);
- penalties described in the previous paragraph for the injured driver.

Deprivation of rights for an accident

Deprivation of a driver's license from a citizen guilty of an accident is an administrative measure that makes it possible to punish the guilty person for an offense without limiting his freedom. In what cases are rights deprived? Confiscation of a driving license is possible for the following violations that caused a traffic incident:

driving a vehicle while drunk;
driving towards cars moving on a one-way road;
speeding by more than 60 km/h;
failure to give way to vehicles with special signals.

All of the above situations are described in Chapter. 12 Code of Administrative Offences. In addition to the above reasons, driving license can also be deprived in the event of an accident for repeated failure to comply with traffic rules, the primary violation of which is punishable only by an administrative fine.

What is the liability for an accident without injuries?

The punishment for the culprit of an accident without injuries will be assigned depending on the violation of the traffic rules. All options for liability are recorded in the Code of Administrative Offenses of the Russian Federation, and compensation for property damage will take place within the framework of the MTPL program or through the court. In this article, we will look at how liability arises for an accident without injuries, and what types of sanctions face the culprit of the accident.

What consequences can there be in an accident?

By road accident, the law means a collision of two or more cars, which results in damage to transport and harm to the health of citizens. Even in minor accidents, it is impossible to avoid damage to the car - small scratches, chips, dents, etc. occur. Participants in an accident must ensure that there are no injured citizens immediately after the collision - this requirement is specified in the Traffic Rules.

If there are no victims in the collision, the following scenarios are possible:

car owners can do without calling a traffic police officer if the paperwork is completed according to the Europrotocol program - in this case, the culprit of the accident can avoid liability, even if he violated the traffic rules;
if an inspector is called to the scene of a collision, a procedural protocol is drawn up for each identified violation of the rules - further consideration of the case will take place in court, or a punishment will be imposed by a traffic police official (this depends on the traffic rule violation);
compensation for property damage will go through the insurance company, and if the driver does not have a compulsory motor liability insurance policy, through the court.

Thus, the basis for prosecution under the Code of Administrative Offenses of the Russian Federation will be only the protocol, which indicates all the violated points of the traffic rules.

Once all the circumstances of the accident are established, additional grounds for prosecution may arise. If signs of intoxication are detected, the traffic police officer can direct car owners to undergo a medical examination, or carry out this procedure on the spot (if there is a device with a confirmed verification). Confirmation of the fact of intoxication, or refusal to undergo this procedure, entails sanctions under the Code of Administrative Offenses of the Russian Federation - a fine and deprivation of rights.

How does the punishment for the culprit work?

Under articles of the Code of Administrative Offenses of the Russian Federation, which do not provide for the arrest of the offender or deprivation of the right to drive, the case can be considered by a traffic police official. For example, according to Art. 12.36.1 of the Code of Administrative Offenses of the Russian Federation, a fine may be imposed for using a telephone while driving - such a case falls under the competence of traffic police officers, and the material is not sent to court.

If the sanctions include arrest or deprivation of rights, only a court can consider the case. After drawing up the protocol, the administrative material is sent to the judicial institution. The hearing of the case takes place at the place where the violation was committed, and the participants in the accident will be notified of the place and time of the hearing by a court summons, or when drawing up a protocol.

A trial without victims in an accident takes place according to the following rules:

if the car owner was duly notified of the meeting, the court may consider the case without his participation (the exception is the case when the driver was detained at the scene of an accident before considering the protocol);
the court considers each traffic violation reflected in the protocol, and the addition and offset of sanctions is allowed only in cases directly specified in the Code of Administrative Offenses of the Russian Federation;
when similar violations are committed within the framework of one accident, the court imposes a single punishment in the amount of the maximum possible sanction from all those considered by the article of the Special Part of the Code of Administrative Offenses of the Russian Federation.

If an article of the Code of Administrative Offenses of the Russian Federation specifies several alternative sanctions, the court will make a choice taking into account the nature of the violation and its social danger.

It must be taken into account that some types of punishment cannot be applied to certain categories of citizens. In particular, the following situations are possible:

arrest cannot be applied to pregnant women, minor children, military personnel and some other categories of violators - in this case the court is obliged to use a sanction in the form of a fine;
if the violator does not have rights, or was previously deprived of them in another administrative case, the court orders an arrest (if the use of arrest is prohibited, a fine will be imposed);
If a repeated case of intoxication while driving is revealed, or a refusal to undergo a medical examination, the administrative case is terminated, and the violator will be held liable under Article 264.1 of the Criminal Code of the Russian Federation.

The third of the listed options is the only case when an accident without victims will entail criminal liability.

The sanctions chosen by the court will be recorded in the decision. The violator is given 60 days to pay the imposed fine, after which the decision will be compulsorily executed through the FSSP service. Deprivation of rights gives rise to the following consequences:

no later than 5 days after the resolution comes into force, the violator is obliged to submit the driver’s license form to the traffic police;
the period of punishment in the form of deprivation of rights begins to run from the moment the certificate is handed over, or after it is confiscated by a traffic police officer on the road;
For certain types of violations, you can return your license only after retaking the exam at the State Traffic Safety Inspectorate and submitting a certificate confirming the absence of medical contraindications.

The maximum period of deprivation of license cannot exceed 3 years, even if the driver has committed several traffic violations.

What articles threaten the culprit of an accident?

The Code of Administrative Offenses of the Russian Federation contains a whole block of articles that can be applied in case of violation of rules that lead to an accident. They are grouped in Chapter 12 of the Code of Administrative Offenses of the Russian Federation, and the following compounds are most often used:

Art. 12.9 of the Code of Administrative Offenses of the Russian Federation contains sanctions for exceeding the speed limit;
under Article 12.8, a drunken culprit of an accident will be punished, and Art. 12.26 is used when refusing to undergo a medical examination;
unauthorized leaving the scene of an accident, or other violation of the rules of conduct in case of an accident, is punishable by sanctions under Art. 12.27 Code of Administrative Offenses of the Russian Federation;
Art. 12.15 of the Code of Administrative Offenses of the Russian Federation punishes traffic violations related to the rules of overtaking and maneuvering.

Punishment will follow only for the violation recorded in the protocol. If, during the consideration of the case, other violations not specified in the protocol are revealed, liability for them does not apply.

To compensate for property damage, the rules of MTPL insurance are used. It should be taken into account that since March 2018, a certificate from the traffic police is not provided to obtain insurance. You must submit a notification of the accident to the insurance company, as well as administrative case materials (protocol and resolution). If both car owners are found to be at fault in an accident, obtaining insurance is only possible in court.

If the person at fault for the accident does not have a compulsory motor liability insurance policy, compensation for damage takes place as part of a civil process. The victim files a claim to recover the amount calculated on the basis of the expert’s opinion. In addition, even in the absence of health damage, the victim may seek compensation for moral damage. Forced collection of amounts under a judicial act occurs within the framework of enforcement proceedings through the bailiff service.

What can happen to the person at fault in an accident? What types of liability can be applied and their features.

No driver is insured against road accidents, regardless of driving experience and knowledge of traffic rules. Depending on the type of offense, the culprit may face liability:

Civil – compensation for material and moral damage caused, in accordance with the Civil Code of the Russian Federation.
Administrative – execution of punishment in accordance with the Administrative Code of the Russian Federation.
Criminal – execution of punishment in accordance with the Criminal Law of the Russian Federation.

The choice of punishment depends on the specific features of the case.

○ Civil liability.

This type of responsibility includes:

Compensation for damage caused to the vehicle.
Financial resources paid by the culprit to the injured party during the period when the latter is unable to perform work.
Compensation for moral damage.

According to paragraph 1 of Art. 1064 of the Civil Code of the Russian Federation, damage caused to the property or person of a citizen, as well as to the property of a legal entity, must be fully compensated by the guilty party.

The culprit is the owner of the car, thus, if the vehicle belongs to an organization and its employee was driving, civil liability measures apply specifically to the legal entity.

An important point in resolving the conflict between the parties is the availability of insurance and its type.

If the culprit has compulsory motor liability insurance, he can count on compensation for the damage caused to the injured party, but he will have to repair his own car himself. If there is no insurance, the culprit will have to pay compensation from his own funds, which can cause certain difficulties and delays.
The CASCO policy, being a voluntary form of insurance, unlike compulsory motor liability insurance, provides full compensation for damage in the event of an accident. If you have it, you can count on receiving money not only for the injured party, but also for repairing your own vehicle. In the absence of such repairs, repairs are also paid for by the culprit himself.

Thus, the culprit can compensate for the damage caused:

According to the MTPL policy.
According to the CASCO policy.
From own funds, by court decision.

○ Administrative responsibility.

This type of liability applies if harm to the health of the injured party is mild or moderate. The degree of punishment is determined on the basis of the relevant paragraphs of the Code of Administrative Offenses of the Russian Federation, based on the specific situation.

In case of mild harm to health, the culprit is given a fine in the amount of 2000 to 5000 rubles or deprivation of rights from 1 to 1.5 years (paragraph 2, clause 1, article 12.24 of the Code of Administrative Offenses of the Russian Federation).
If the harm to health is determined to be average, a fine of 10,000 to 25,000 rubles or deprivation of rights for a period of 1.5 to 2 years may be imposed (paragraph 2, paragraph 2, article 12.24 of the Code of Administrative Offenses of the Russian Federation).

What exact fine will be assigned for an accident depends on the specific features of the case.

Most often, accidents occur due to violation of the following rules:

Prohibition on the use of telephones while driving a vehicle (Article 12.36.1 of the Code of Administrative Offenses of the Russian Federation).
Turning on the turn signal when changing the trajectory of movement (Article 12.14 of the Code of Administrative Offenses of the Russian Federation).
Maintaining distance on the road (Part 1 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation).

According to Article 4.6 of the Code of Administrative Offenses of the Russian Federation, a person who has been imposed an administrative penalty for committing an administrative offense is considered subject to this punishment within one year from the date of completion of the execution of the decision on the imposition of an administrative penalty.
Repeated commission of a homogeneous administrative offense, if for committing the first administrative offense the person has already been subjected to an administrative penalty for which the period provided for in Article 4.6 of the Code of Administrative Offenses has not expired, is recognized as a circumstance aggravating administrative liability. (Article 4.3. Code of Administrative Offenses of the Russian Federation)

Administrative liability for the culprit of an accident can be applied in the form of:

Warnings - executed by the judge, body, official who made the decision, by delivering or sending a copy of the decision.
Imposition of an administrative fine - executed by the official who made the decision by delivering a protocol.
Revocation of driver's license by court order.

Bringing to administrative liability is carried out by drawing up a protocol on the offense, drawn up in the presence of the offender.

○ Criminal liability.

In the event of the death of a victim in an accident, as well as the infliction of serious harm to his health, criminal liability is applied to the culprit in accordance with the relevant provisions of the Criminal Code of the Russian Federation.

The degree of responsibility is determined by the court taking into account all the circumstances of the case (aggravating or mitigating) proven during the trial.

According to Part 1 of Article 264 of the Criminal Code of the Russian Federation, the culprit of an accident for unintentionally causing grievous bodily harm faces from 6 to 36 months of imprisonment or correctional labor for up to 2 years. An additional measure of deprivation of rights for up to 3 years is also applied.

If the result of an accident is the death of the victim, the punishment for the culprit is increased:

If one person died, the term of correctional labor increases to 4 years, and imprisonment - to 5. If the culprit was drunk, the penalty is imprisonment for 7 years.
If the number of deaths is more than one, the term of correctional labor increases to 5 years, imprisonment - to 7 years. If there are signs of intoxication, each penalty is increased by another 2 years.

If the result of an accident is regulated by the Criminal Code of the Russian Federation, the investigation is conducted by the investigative authorities, after which the case is considered in court. It should be noted that in addition to the penalty applied, the culprit must also compensate for material damage to the injured party.

○ On-site proceedings.

According to the new rules for registering an accident, its participants have the opportunity to deal with the situation on their own, without contacting the police or the insurance company.

Reluctance to involve third parties in solving a problem may be due to:

Minor damage to the vehicle, when it is easier to pay a small amount for repairs instead of waiting for an insurance payment.
The reluctance of the culprit to increase the cost of his compulsory motor liability insurance, which increases with each payment by 1.6 times.
Lack of time and desire to visit the traffic police and the insurance company.

In any of these cases, the culprit of the accident can simply transfer cash to the injured party and, with mutual agreement, end the conflict there. But do not forget about the possible risks of such behavior. For example, the injured party, after waiting for the culprit to leave, can call the traffic police and record the fact of an accident. To protect yourself from such developments, you should draw up a receipt for the transfer of money for car repairs. The document is filled out by hand indicating all the information about the participants in the incident and describing the nature of the damage. The information should be specified as accurately as possible, and a phrase stating that there are no claims against the culprit should be written down. The receipt will have legal force if signed by each party.

According to clause 26 of the traffic rules, participants in an accident can resolve the issue on their own if:

Only the car was damaged, there were no casualties.
There is no disagreement regarding the characteristics of the damage and the determination of the guilty party.
Each party agrees not to file any paperwork related to the accident.

Another opportunity to independently register an accident is to draw up a Europrotocol. In addition to the conditions listed above, the following are mandatory for its execution:

The fact of a collision of vehicles, their number should not exceed two.
Each participant in an accident has a compulsory motor liability insurance policy (or a foreign equivalent “Green Card”).

A Europrotocol is drawn up on a special insurance notification form, according to which you can subsequently receive compensation without a long wait for specialists at the scene of the incident.

○ Advice from a lawyer:

✔ Does the insurance company compensate for the damage to the culprit?

Much depends on the type of insurance. If it is CASCO, then compensation will be paid in full, even if the client himself is to blame for the incident, provided that this is specified in the contract. As for compulsory motor liability insurance, there is no direct provision for payments to the guilty party, but they can be achieved by sending a claim to the insurance company or filing a lawsuit. It should be taken into account that the MTPL policy limits the amount of payment. Its limit in 2017 is 400 thousand if damage is caused to property, and if harm is caused to life and health - 500 thousand. The remaining amount of damage must be paid by the culprit himself.

✔ Does the guilty person compensate for non-material damage and in what amount?

This issue can be resolved both pre-trial and in court. However, cases when the culprit voluntarily compensates for moral damage are extremely rare, so, most likely, you will have to go to court. The amount of compensation is determined solely on the basis of fairness and reasonableness, there are no other criteria. In this case, a claim for compensation for moral damage is filed together with a claim for compensation for material damage and is considered by the court in the general manner.

Criminal liability of the driver who caused the accident. Lawyer Anatoly Antonov tells.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

Will there be a fine or other punishment for the culprit of an accident without victims? Find out the truth!

Hello, Ilya Kulik is with you again! Do you know what the fine for a road accident is for the culprit of an accident without injuries? If not, then read the article urgently. You will be surprised! Go!

What punishment is due to the culprit of an accident in which there are no casualties?

Attention, the correct answer is: none! Russian legislation does not provide for any liability for road accidents if people are not injured.

But the culprit still bears some responsibility. You can’t leave a drunk driving without punishment, even if no people are injured. And why then do you need compulsory motor insurance if there is no liability after you get into an accident? In fact, responsibility arises, but not for causing an accident.

How are they responsible for causing harm to others?

After a car accident, civil liability arises for harm caused to others. It occurs in absolutely any traffic accident, since if there is no damage, there is no accident, according to its definition. It is she who is insured under the “automobile insurance”. You can see this for yourself by deciphering the abbreviation “OSAGO”.

If an accident occurs, civil liability arises. But the risk of its occurrence is insured. Therefore, the victim is paid not by the causer of the damage, but by his insurance company, since in the amount established by the law on “automobile insurance,” responsibility for the damage caused after purchasing a policy from her lies with her. In the case of direct compensation for damage, “their” insurance company pays only for the convenience of the policyholder. Then it recovers the amount paid from the culprit’s insurer.

But if the costs incurred due to the accident are more than the maximum payment under the “automobile insurance”, the injured party has the right to recover the missing amount directly from the culprit, unless, of course, he does not have extended insurance.

And if the driver did not bother to purchase a policy, then he will have to compensate for the damage caused entirely independently, from his own funds.

Compensation for moral damage

If the victim believes that he suffered mentally due to the traffic accident, he has the right to file a claim against the culprit for compensation for moral damage. According to the "automobile insurance" this type of liability is not reimbursed. So compensation can be demanded from the harm-doer. It is unlikely that anyone will want to pay voluntarily, so they will have to go to court.

But, firstly, there must be convincing evidence for the court to believe that the victim really suffered, and secondly, the time, nerves and money spent on legal proceedings will most likely not even partially be repaid by the amount of compensation awarded. Therefore, when people are not injured in an accident, moral damages, as a rule, are not recovered.

So will there be any punishment?

But what about the punishment for driving in oncoming traffic, while drunk, and indeed for all traffic violations that cause accidents?

For violations of traffic rules, the Code of Administrative Offenses provides for its own separate measures; depending on the severity of the offense, this can be a fine, arrest, or even deprivation of rights. There is even criminal liability for repeated drunk driving.

But all these measures will be applied to the driver regardless of whether he was involved in an accident or not, whether he was guilty or the victim. That is, such measures cannot be called consequences of the incident. Moreover, if traffic police officers are not involved in registering the incident, for example, in the case of the Europrotocol, or driving without registration, the culprit will not be fined at all for traffic violations that occurred.

Are you punished for an accident in neighboring states?

Yes, in countries neighboring Russia, such as Belarus, Ukraine, Kazakhstan, a separate punishment is provided for committing an accident.

Thus, in Belarus they will be fined 46-690 Belarusian rubles (1,500-21,000 Russian rubles), but they may also be deprived of their rights for a period of up to 2 years. The exact measure depends on the circumstances. However, at present these measures will only be applied if the victim requests it.

In Ukraine, for causing damage to property, a fine of 20-25 non-taxable minimum income will be imposed, which, with a minimum amount of 17 hryvnia, will be 340-425 hryvnia, which is slightly less than 1000 Russian rubles. But it is also possible to have your driver’s license confiscated for six months to a year.

In Kazakhstan, the person responsible for a road accident without injuries will be fined 10 monthly calculation indices, which in 2017 is 22,690 tenge (4,200 Russian rubles).

Keep these legal features in mind if you have to navigate through these countries.

Summarize

So, what does the culprit of an accident without victims face?

obligation to compensate for damage , which is shared with him by the insurance company from which the driver purchased insurance;
punishment for committed traffic violations identified during the registration of the incident.

Conclusion

Now you know exactly what the culprit of an accident without casualties faces. So don't worry too much if you're in an accident, especially if you have liability insurance.

If you know an interesting and instructive story on this topic, tell us about it in the comments under this material. And if something is not clear, ask questions there.

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P.S.: I took the photos here: drive2.ru/r/dodge/1211437. The car is a Dodge Challenger.