Liability for a false accident
False accidents for insurance: staging and punishment
Impeccable adherence to traffic rules and attention while driving can significantly reduce the risk of an accident. However, there are exceptions to this rule, and one of the most unpleasant ones is fake accidents for the insurance company. Any driver can become a victim of criminals, which is why it is important to know the existing schemes for deceiving drivers. The punishment for a false road accident is regulated by the article.
Fraud in the field of insurance, that is, theft of someone else's property by deception regarding the occurrence of an insured event, as well as the amount of insurance compensation to be paid in accordance with the law or contract to the insured or another person, is punishable by a fine in the amount of up to one hundred twenty thousand rubles or in the amount of wages wages or other income of the convicted person for a period of up to one year, or compulsory labor for a period of up to three hundred sixty hours, or correctional labor for a period of up to one year, or restriction of freedom for a period of up to two years, or forced labor for a period of up to two years, or arrest for up to four months.
Article 159.5 of the Criminal Code of the Russian Federation
Fake accidents are a serious problem
Auto insurance fraud is one of the most discussed topics among insurance industry professionals. The latest statistics are disappointing - approximately 15% of all payments for insurance claims in road accidents go into the pockets of scammers. It is primarily law-abiding car owners who suffer from this; they are the ones who have to put up with the increase in the cost of insurance services; insurance cases are subject to thorough investigation over several months. Naturally, the degree of trust in insurers is steadily falling, which leads to a decrease in sales of CASCO and OSAGO policies.
Main types of car insurance fraud
Today, many fraud schemes have been invented. The most commonly used illegal actions are:
Retroactive insurance after an accident. In this case, the conclusion of the insurance contract occurs after the accident. The goal is to transfer the driver's responsibility for the accident to the insurance company and receive compensation.
Staging an accident, replacing the driver. After an accident, the place of the person sitting behind the wheel is taken by the driver whose details are included in the insurance policy. This method is widely practiced in large cities, since it is almost impossible to prove the fact that the driver was replaced.
The car receives minor damage, followed by deliberate damage to the car as a result of a fictitious accident.
Scams directly involving forms and insurance documents. Unfortunately, insurance company employees are not always law-abiding. Cases of deliberate damage to forms and falsification of examination results after an accident have become more frequent.
There are many ways to recognize an illegal scheme; for example, specialists from expert commissions use special computer programs that allow them to recognize discrepancies in vehicle damage. The detection of fraudulent schemes is hampered by the lack of a unified database of insured vehicles.
Provocation of road accidents - schemes of fake accidents
In the above cases, the driver is somehow involved in illegal schemes. However, there are entire criminal groups whose victims can be any law-abiding driver. This type of fraud is widespread, and scammers' profits amount to millions of rubles. The goal is to deliberately provoke the intended victim and then extort money.
It is difficult to recognize scammers; several cars are involved in the staging, and they often resort to the help of unscrupulous traffic police officers and insurance companies. The following situations can be considered signs of auto-fraud:
Persistent requests to give way to a car moving behind; the accomplices' car is moving on the right. As soon as the driver begins the lane change maneuver, the car is suddenly exposed to impact;
Unreasonable sudden braking of the vehicle in front;
The presence of witnesses telling deliberate lies;
Insistent demands of the “victims” to resolve the issue on the spot, without involving traffic police officers.
Overly emotional or aggressive behavior of the “victims” should also alert the driver. Most often, the damage to the scammers' car is minimal, but they try to convince the victim otherwise.
How to prove you're right
If you find yourself in such a situation, it is very important to remain calm and not give in to the persuasion of scammers. Calling the traffic police to the scene of the incident is mandatory, and this must be done from your phone. Recently, scammers have been actively using fake IDs and uniforms, so it is also necessary to write down the numbers of the arriving patrol car and the names of the employees. You should not be afraid of physical harm; as a last resort, you should lock yourself in your car and call the police by phone.
Under no circumstances should you leave the scene of the accident or pull over to the side of the road. Leaving the scene of an accident implies liability under Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, so you must wait for the police to arrive without moving the car. You can spend your waiting time usefully - try to find witnesses to the accident. These could be passers-by, drivers of neighboring cars, passengers
The main goal of the bandits is to convince the driver of the need for expensive repairs to their car. Under no circumstances should you succumb to persuasion and give cash or leave the scene of the accident before the arrival of traffic police officers. It is helpful to have the contact information of a trusted legal professional with you. Calling such a person will help you stay calm and formulate the right course of action.
What is the penalty for faking an accident for the insurance company?
Many European countries have a separate scheme for investigating insurance fraud. Each case is considered within the framework of a separate criminal case, classified according to severity and a verdict is rendered. In Russia there is no separate practice for such cases, therefore any illegal actions with insurance documents are subject to liability under Article 159 of the Criminal Code of the Russian Federation “Fraud”. The punishment can be different, it all depends on the degree of severity, the composition of the participants and their official position.
The most serious punishment faces a group of people and traffic police officers whose participation in the fraudulent scheme is proven. As a rule, law enforcement officers pay large fines or are imprisoned for up to 5 years. Members of criminal gangs face penalties of up to ten years in prison with a large fine.
Approximately 15% of all payments for insurance claims in road accidents go into the pockets of scammers.
retroactive insurance after an accident;
staging an accident, replacing the driver;
the car receives minor damage, followed by deliberate damage to the car as a result of a fictitious accident;
scams directly with forms and insurance documents.
Yes, any driver can become a victim of auto fraud.
persistent requests to give way to a car moving behind; the accomplices' car is moving on the right. As soon as the driver begins the lane change maneuver, the car is suddenly exposed to impact;
unreasonable sudden braking of the vehicle in front;
the presence of witnesses telling deliberate lies;
persistent demands of the “victims” to resolve the issue on the spot, without involving traffic police officers.
You need to call the traffic police.
For illegal actions with insurance documents, they are held accountable under Article 159 of the Criminal Code of the Russian Federation “Fraud”. The punishment can be different, it all depends on the degree of severity, the composition of the participants and their official position.
She received her education at Moscow State University. Completed a refresher course at Moscow State University. Often invited as an independent expert when considering disputes between two participants in road accidents. Extensive experience in resolving traffic disputes.
Frauds involving fake accidents
Road traffic accidents occur quite often. A significant part of them ends in causing damage. In this regard, the state has put forward a requirement that every driver have a compulsory motor liability insurance policy. It would seem that now in the event of an accident the insurance company pays compensation and there is no longer any point in staging accidents. However, lovers of easy money have not abandoned their intentions, and the scams continue. Let's look at what a fake accident is.
What events relate to an accident?
Not every car or motorcycle accident is considered a traffic accident. The main signs of an accident are the movement of at least one car and the damage caused in connection with this. Moreover, harm can be caused to the life or health of people, as well as cars (including the only participant) or other material objects.
The following types of road accidents are distinguished:
- Multi-car collision.
- Vehicle rollover.
- Hitting:
- standing cars and other vehicles;
- pedestrians;
- cyclists;
4. Falling passengers and cargo.
Which accidents are fake?
Most road accidents are caused by a combination of random events. A false or deliberate road accident is caused by the deliberate actions of one or more traffic participants, and this is only the first sign of incidents of this type. The second sign is their goal - obtaining monetary benefits. The object of receiving criminal income can be both a road user and an insurance company.
Due to the widespread spread of compulsory motor liability insurance in recent years, it is insurers who are most often the victims of such fraud. In this case, all participants in the incident may be involved in a criminal scheme.
Before the introduction of compulsory motor insurance, the main victims of such crimes were ordinary motorists. The criminals acted as a group, and the consequences of the fake accident were deliberately exaggerated. Their goal was to intimidate the driver and force him to pay out significant amounts of money. By the way, this method is still used today.
However, now the main task of criminals is to get the victim to violate the established rules for registering an accident, and then demand money.
In a situation where an incident is properly recorded, the primary responsibility lies with the insurance company. Insurers have good specialists, and the fact of a road fraud can be easily proven, so the criminals, seeing the persistent desire of the potential victim to file the incident according to all the rules, simply retreat.
Which drivers are most often chosen as victims?
The goal of scammers is to get maximum money with minimum risk. It is quite difficult to intimidate strong young men, so they prefer women, young men and pensioners. Strong men get into fake accidents only if the windows are tinted, when the criminals cannot see the driver.
The second group of people that scammers pay attention to are drivers of cars with scratches, dents and other damage that could have occurred in an accident. Such cars are usually found in parking lots in yards. As a rule, a note is inserted under the windshield wiper stating that the driver was allegedly a participant in the incident, for which there are witnesses, but he fled the scene. They indicate a phone number to call “to sort things out.” And then psychological pressure is applied in order to lure out funds. If you are sure that you could not have participated in the incident without noticing it, it is better not to call the phone number provided.
Basic schemes of fake accidents
Criminals are trying to make it difficult to determine that this is a set-up accident. That is, they strive to create situations on the road in which the victim of a crime commits a traffic violation and is formally actually the culprit of the accident. It is much easier to exert psychological pressure on a person who feels guilty, and scammers actively use this.
Let's look at situations in which it is quite simple to make a fake accident.
Driving through an unregulated intersection
Usually the intersection of unequal roads is chosen. The criminal parks near an intersection on the main road. Having chosen a victim who begins to cross the main road, he takes off, enters the intersection and causes a collision, for which the driver is formally to blame for not allowing the car to pass along the main road. Similarly, fraudsters can act at the intersection of equivalent roads. In this case, the victim with interference on the right is selected.
On roads with adjacent secondary roads and acceleration lanes
Criminals choose areas of roads with heavy traffic. In such places, cars trying to join the traffic have to wait for a long time in a nervous environment. The criminal demonstrates a desire to let the motorist pass - he can wave his hand, “blink” his headlights or slow down. And when the victim’s car starts moving, the criminal increases the gas and causes a collision, for which the victim is formally to blame.
When changing lanes on the roads
Changing lanes is a very favorable moment for a fraudster to carry out his criminal intentions. Most often, simply driving a short distance on three- or four-lane roads with heavy traffic is enough to select a car to collide with. As you know, when changing lanes, the driver is obliged to let all traffic pass in the lane chosen for further movement. On busy roads this is almost impossible, so drivers let each other pass. Well, the scammers, of course, won’t let the victim through.
A more complex version of the same scam is practiced using two machines. For example, you are not driving in the far right lane. An expensive car is catching up with you from behind and, honking intensely, demands to clear the road. You begin to quickly change lanes and hit the car of an accomplice of the scammers. Formally, you are to blame for the accident.
When moving in a circle
On sections of roads where roundabout traffic is organized, many drivers, especially beginners, feel insecure: they need to let traffic pass and change lanes at the same time, and this is quite difficult. The moment is selected when the victim's car drove into someone else's lane - literally a few centimeters are enough for an accident. Most often, criminals work in two cars in order to have a witness who will prove the victim’s “guilt” in an accident.
Cutting and hard braking
If a driver hits the car in front of him, he is almost always found guilty. Cutting off means intense overtaking, changing lanes and a sharp decrease in speed. It is quite difficult to avoid an accident in this situation. However, the same effect can be achieved without overtaking. A car ahead in a section at fairly high speeds can easily let you get closer and slam on the brakes. At traffic lights, some scammers even reverse until an accident occurs, and then claim that they were standing and the victim hit them.
Simulation of a collision with a pedestrian
There can be many variations of this scam. Often a pedestrian crossing is chosen that is not regulated by a traffic light. A car is usually parked before the crossing, making it difficult for drivers to see. Everything else is simple. The fraudster, naturally, does not want to actually suffer, so he either creates a situation in which he is barely hit, or the collision is simulated - for example, a rubber ball or potato is thrown at the car. After this, the attacker simulates serious harm caused to health or property.
You can resolve the issue without calling the traffic police by paying for treatment or compensating for damage - for example, for a broken expensive watch or a torn suit.
Recently, the “athletes” scheme has been gaining popularity. There are usually two participants. The “victim” will not be able to compete in competitions with a large prize fund. The damage caused by the fact that the winnings are not received is offered to compensate the victim.
In parking lots near supermarkets and entertainment centers, a scheme with children is often used. When leaving a parking lot, the driver reverses, hears a bump and discovers a child or teenager under the wheels who is feeling very unwell. The child’s relatives immediately appear, offering to solve the problem for money.
Of course, we have not provided all fraud scenarios. In addition, criminals constantly come up with new ones. For example, in Ukraine, the scheme with mannequins has recently become popular. At dusk, mannequins are placed near the road, which are then pulled under the wheels of heavy vehicles using a rope. If the driver stops and comes out to look, they rob the cab; if not, they catch up with the car and demand money for silence.
How to avoid car fraud or prove your innocence
Firstly, it is necessary to strictly adhere to traffic rules. A jeep honking from behind is not a reason to suddenly and rashly change lanes, just as an inviting gesture from a driver driving along the main road does not relieve you of the obligation to let him pass. Assess the road situation qualitatively - and the likelihood of participating in a fake accident will noticeably decrease.
Buy a DVR. Film the aftermath of the accident on your phone. Be sure to record the faces of other participants in the incident - scammers are often known to the police and may simply leave.
Never agree to offers to move aside and come to an agreement there. Do not leave the scene of an accident, do not touch the car if you are persistently asked to pull to the side of the road and inspect the damage “in a calm environment.” Even if it is a busy place, do not remove the car until the traffic police arrive.
Often, criminals, having achieved the departure of the victim, begin to remind her that by leaving the scene of the incident, she committed a violation for which her rights are deprived.
If you see inappropriate behavior of other participants in the incident, lock yourself in the car and call the police. Fraudsters in such a situation usually leave.
Faking an accident to get insurance
Staging an accident for insurance payment has recently become quite common. According to experts, up to 15% of all insurance today ends up in the pockets of criminals. There are many ways to commit insurance fraud:
- car or liability insurance after the incident;
- fictitious accidents;
- substitution of the driver - if the real culprit of the incident does not have a civil liability insurance policy, the driver who has such a policy takes the blame;
- in a real accident, a car that has received minor damage may be deliberately crashed more severely in order to increase compensation;
- fraud with insurance forms.
Measures taken by insurers
Insurance companies are mostly financially powerful organizations. Some even create special departments to combat fraud, others use the services of third-party specialists. In any case, all the circumstances of the accident and documents will be studied most carefully.
Currently, insurance companies widely use the latest computer technologies - in particular, programs that make it possible to determine whether the damage received by a car corresponds to the circumstances of the accident, on the basis of which claims for damages are made.
Nevertheless, some scams still succeed, but this happens less and less often. Therefore, if you have thoughts of trying to exaggerate damage or fake an accident for the sake of compensation payments, we advise you to abandon them.
Liability for false accidents
If the initiators or participants in a false incident are exposed, they will not only not receive the planned income, but may also be brought to criminal liability. Punishment for staging an accident occurs under Articles 159 and 159.2 of the Criminal Code of the Russian Federation. Depending on the circumstances and amount of fraud, penalties may vary. The maximum is 10 years in prison and a fine of 1 million rubles.
Finally
Fake accidents are quite common. If you have become a victim of scammers, under no circumstances agree to offers to resolve all issues without involving the traffic police. Feel free to film the circumstances of the accident and the faces of the participants, call the traffic police and insist on recording the incident in full accordance with the rules.
False accident: Video
Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.
Forewarned is forearmed! Unfortunately, the topic of fake accidents has now somehow died down, many drivers have relaxed, and some have probably never even heard of such a phenomenon. There is a serious lack of information campaign on this topic in the media.
There are different drivers on the roads, unfortunately there are also those who want to fraudulently take money through a fake car accident, a good way to prevent such actions is to have surveillance cameras.
The scam is as old as the hills, but it still works - a fake accident
This type of fraud, called imitation of an accident, appeared earlier than car insurance. Yet many drivers fall into this trap. Some motorists themselves do not mind making money from a fake accident. But insurance company specialists know how to distinguish a real incident from an organized one. And instead of money, its participants can earn criminal punishment.
Read in this article
Ways to deceive an insurance company
Many deception schemes are used to obtain money from insurance companies. The most common of them are:
- Taking out a policy after an accident. According to the law, the culprit of the accident, who does not have this document, must pay for the damage himself. If the car is insured, the company will reimburse you.
For this purpose, a policy is issued retroactively. An insurance company employee is involved in the fraudulent scheme.
- Substitution of a motorist. It is practiced in the event of an accident by a driver who is not included in the policy. If in this case we pretend that another person was driving (with insurance), financial responsibility for the damage is shifted to the company.
- Causing additional damage to the car. If the car suffered only minor damage, but you want to get a lot of money, scammers damage it even more after the accident. The same can be done if the car received defects other than in an accident. But the amount of compensation depends on the degree of damage to property, and is paid only when damage occurs as a result of an insured event.
- Falsification of vehicle inspection and examination results. Insurance company specialists and technicians are involved here. The scheme is more often used when it comes to a large amount of compensation. A bribed expert may indicate in documents that the car was damaged more than it actually was. Or it will confirm that the vehicle was damaged as a result of an accident, although in reality it was damaged in another way.
- Simulation of car theft. Its owner can disassemble the vehicle into parts or sell it, changing it beyond recognition. And he himself writes a statement to the police about the theft. This scheme works for those who have a CASCO policy.
- Damaged car insurance. The scheme is possible if a company representative participates in it. He will turn a blind eye to the fact that the car has acquired defects, that is, it will appear in the documents as intact. Then they fake an accident, and the owner receives money for repairs, sharing it with a fraudulent friend from an insurance company.
And here is more information about an accident in someone else’s car.
Simulation of an accident for a motorist
If insurance companies know the methods of scammers by heart and still end up deceived, then motorists are even more likely to fall for the tricks of the scammers. The most common cases of artificially creating an accident:
- The driver of the car driving behind demands to let him through. As soon as the victim begins to change lanes for this purpose, another vehicle is discovered on the side, which comes under attack.
- The car is moving at the permitted speed. Suddenly the car in front of him suddenly and unexpectedly brakes. The victim of the scammers does not have time to react and crashes into it, becoming the culprit of the accident.
- A pedestrian suddenly falls under the wheels of a car when it is not driving very fast. This usually happens in a place where visibility is difficult, or the fraudster is helped by a car specially blocking the road. As a result, a pedestrian is hit and demands compensation on the spot for “damaged health.”
From a purely technical standpoint, fake road accidents are organized in different ways. But such car set-ups may involve a traffic police crew “randomly passing by” or simply accomplices dressed in the appropriate uniform, false witnesses, or several cars. Fraudsters behave aggressively, intimidate the victim of deception, but offer to pay immediately at the scene of the “accident” and not call the traffic police. Moreover, the amount of compensation demanded is inflated compared to the degree of damage to the car.
To see how a surveillance camera recorded preparations for a fake accident, watch this video:
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Fake road accident with the consent of the participants
Auto fixers use the opportunity to deceive and get money not only from the driver, but also from the insurance company, that is, have a double benefit. A fake victim in a traffic accident negotiates with the unsuspecting other party to resolve the situation peacefully. And he pays the money right on the spot, and he leaves and is glad that he got off easy.
The fraudster then calls the traffic police. A service employee files a case of an accident and issues a certificate to the alleged victim. The document records that the second participant escaped; there is no information about him. The fraudster provides a certificate to his insurer and receives money from him as well.
Sometimes the participants in a real accident also resort to deception by mutual consent. In the event that one of the drivers is drunk, the insurance company will pay compensation to the victim. But then he will demand this money from his drunken client.
Therefore, the victim may succumb to the persuasion of the other party to replace the driver with another person, that is, who did not drink alcohol and was included in the car policy. Or he takes a reward for his consent to deceive the insurer. But this is also a scam. Moreover, both the victim and the one who caused the accident are guilty of it.
Punishment for a fake accident
Faking an accident in order to obtain money from an insurance company is classified as fraud. Moreover, for a crime in this area there is a separate article 159.5 of the Criminal Code, part 1 of which reads:
- or compulsory work for a period of up to three hundred and sixty hours,
- or correctional labor for up to one year,
- or restriction of freedom for up to two years,
- or forced labor for up to two years,
- or arrest for up to four months.
It applies to those who acted alone. For a company of scammers, there is Part 2 of Article 159.5 of the Criminal Code. In accordance with it, each of a group of criminals can receive a fine of up to 300,000 rubles. or compulsory work for a period of 480 hours to 5 years with imprisonment for 2 years. Instead of these measures, the court may impose a prison term of up to 5 years.
What kind of punishment the criminal will receive depends not only on the number of participants in the scam, but also on the degree of guilt of each. If a police officer cheated, he will pay the money to the state and most likely go to prison in accordance with Section 3 of the same article of the Criminal Code. The fine for him will be 80,000 - 500,000 rubles, and imprisonment threatens for up to 2 - 6 years. These measures can be replaced by forced labor for a period of up to 5 years with the minimum possible payment.
To determine the penalty, the amount of damage caused to the victim is also important. If it is large, Part 4 of Article 159.5 applies:
If a motorist, and not an insurance company, was deceived, Article 159 of the Criminal Code of the Russian Federation will be applied to the fraudster. It involves the same large fines and imprisonment for similar periods.
Any motorist can become a victim of auto scammers. To avoid this on the road, it is important to look not only ahead, but also to control those driving on the side, and use rear-view mirrors. If an accident occurs, and the second participant behaves suspiciously, you need to record the conversation with him, and be sure to call the traffic police from your phone.
Drivers should also not try to deceive insurers in order to repair their car at no expense. Companies have specialists who can uncover the scam.
Useful video
About car insurance for insurance, watch this video:
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Quite often, drivers are reckless at an intersection, so they perform maneuvers to overtake. As a result, traffic accidents at intersections are among the most common. Who is to blame in an accident when changing lanes to the left or right, in case of mutual and mutual changes, or interference on the right? What are the fines for changing lanes and violating markings?
For an accident in someone else's car, you will definitely be held liable under the law. The consequences are especially unpleasant if you get into an accident without insurance and with injuries. What happens if a drunk mechanic is driving in someone else’s car? What happens to driving a car without insurance in the presence of the owner.
If an accident occurs in a company car, liability will be determined after establishing the severity of the damage caused and the overall fault of the driver. However, you should not hope that if a driver gets into an accident with a work car during working hours, and the company will pay for the damage.
The basic rules for registering road accidents have not changed significantly compared to 2017. The same procedure for registration by a traffic police officer or drawing up a European protocol.
Fraudulent accident
Unfortunately, fraud in the modern world is widespread - there are many people who want to make easy money through illegal means. A special category is automobile fraud, in which there is a separate type - a fake traffic accident.
Many citizens, when they find themselves in a stressful situation, are not able to think rationally, which is why they are so easily led by criminals. To preserve their own rights and interests, car owners need to study the main features of fraud in the form of a fake accident.
What is a fake accident?
A fake traffic accident is a deliberate staging of an emergency situation on the road according to a certain scenario in order to carry out fraudulent actions.
It is necessary to highlight certain principles for selecting a victim and the circumstances of a fake accident:
In such cases, the scammers themselves use inconspicuous cars.
Punishment for fake road accidents for fraudsters
If it is proven that a fake accident occurred, the fraudsters may be prosecuted under two articles.
Art. 159 “Fraud” of the Criminal Code of the Russian Federation provides for the following penalties:
Art. 163 “Extortion” of the Criminal Code of the Russian Federation provides for the following sanctions:
- imprisonment for up to 4 years;
- arrest for up to six months;
- imprisonment for up to 7 years with a fine of up to 500 thousand rubles - if the fact of committing illegal actions by prior conspiracy is established.
For your information
It is quite difficult to prove fraud under these circumstances, so the driver will have to study additional regulations to protect his own rights and interests.
Why do they fake a fake accident?
When an emergency occurs on the road, there are not always injured persons, but material costs are always relevant. The guilty citizen is responsible for their occurrence and elimination - an amount is collected from him to compensate for the damage caused. This is the first point that unscrupulous persons who stage a fake accident count on.
The second point is to reach an agreement with the second participant in the accident on the spot - for this, instruments of moral pressure, legal ignorance of citizens and other effective schemes are used.
Another nuance is fraud with insurance under the compulsory motor third party liability insurance system. However, in this case, each party to the accident is interested in allowing an emergency situation to occur - that is, a setup is simply “ordered.”
Thus, the car owner became involved in an accident that was not included in the list of insured events. To receive compensation, he decides to use the services of scammers - with their help, a “correct” accident is ensured.
What to do if the driver gets into a fake accident with scammers?
To achieve the greatest likelihood of avoiding risks in the event of getting into a situation with a fake accident, you will need to follow a certain sequence of actions:
- Stop the car and prevent it from moving in the future, even if its location causes traffic jams. In this case, you will definitely need to set up an emergency stop sign - this step is determined by standard traffic regulations.
- Analyze the situation independently, namely, clarify the facts: who moved and how, at what speed and whose actions caused the collision. Record the scene of the accident using photo and video recording equipment - take several pictures and show the accident from different points, specifying objects related to the accident (braking distance, fragments, parts, license plates). The ideal option is to have a DVR.
- If there are injured persons, you will need to call an ambulance or take the injured person to a medical facility yourself. According to the Traffic Rules, it is permissible to take a citizen to the hospital in your own car. However, in the case of signs of auto fraud, it is better to seek support from other road users.
- After this, you need to call the police and notify the insurance company about the incident, even if other parties to the accident are actively dissuading you from doing so. It is not recommended to entrust this matter to strangers - it is far from a fact that the arriving traffic police crew will not be in cahoots with the scammers.
- Inform trusted persons (relatives, close friends or good acquaintances) about the circumstances of the accident with clarification of information about the second participant in the fake accident. It is considered significant if any of them arrives at the scene of the incident - as a group it is much easier to resist the attacks of scammers.
- While awaiting the arrival of a squad of authorized persons, care must be taken to find witnesses. If the accident occurred near commercial or administrative institutions, it is important to check the availability of video surveillance. Then you can request to provide a video recording. If you refuse, you should notify traffic police officers about this - they are authorized to confiscate the current video material.
- Under no circumstances should you leave the scene of the accident until representatives of the insurance company or the traffic police crew arrive. When meeting the latter, you must ask for their service identification; in addition, you will need to write down the details of their badge.
Attention
If the traffic jam is significant and in the future may cause a significant traffic jam, according to the traffic rules (traffic regulations clause 2.6.1), participants in an accident are required to clear the roadway, but this should only be done with the permission of the duty officer. For ignoring traffic rules, clause 2.6.1, a fine of 1000 rubles is imposed on the participants in the accident. In a situation with a fake accident, it is better to receive this fine in order to preserve all the details of the traffic accident and not become the culprit of the accident.
What to expect from scammers?
When planning a fake traffic accident, fraudsters use the positions of the Traffic Rules, namely, the prescribed regulations for speed, distance, location of the car on the road, as well as other significant positions are taken into account.
In any of the situations of a fake accident, the citizen is “promoted” for money – primarily through moral pressure, proving the obvious wrongness of the “guilty” driver. After this, the scammers offer to solve the problem on the spot - for criminals, cash payment is preferable, so that in the future the victim will have less opportunity to prove the fact of the transfer of funds.
How to prove that a fake accident was staged?
Proving the fact of a fake traffic accident is not so easy - you will have to establish the presence of malicious intent in the actions of the fraudsters. Problems of this kind are solved not even through the traffic police, but in the courts.
It is therefore important to prepare in advance for the relevant litigation, during which the victim should be provided for consideration:
- materials from employees of the State Road Safety Inspectorate about the accident;
- witness's testimonies;
- photo and video materials.
Each position must be reasoned. An assessment of the situation by auto experts can also help.
The best option is to have a DVR. Unlike subsequent filming on a smartphone or camera, it can be used to directly record the circumstances of getting into an emergency situation. When using information from this device, you can immediately establish the illegality of the actions of attackers in many situations.
What to do if you are accused of a fake accident?
If a citizen himself is accused of a fake accident, then actions in this case can be considered in two options.
The first is relevant if the second participant in the emergency suspects him of fraudulent actions. Then it is enough to insist on contacting the traffic police to conduct thorough investigations with the participation of law enforcement officers. It is possible that the victim, making such accusations, is counting on illegally receiving funds through blackmail.
The second examines suspicions emanating from the state road safety inspectorate. In such cases, employees send materials on the accident to the investigation department. An unfoundedly accused driver should not give in to the demands put forward to admit to committing a false accident.
It is recommended to contact a specialist with experience in this field.
It is important to consider that all claims must be proven by the accusers. The suspect himself is not required to ensure his own innocence.
Feedback from drivers who were involved in a fake accident
Obviously, all drivers speak extremely negatively about fake accidents - especially when they have already become their victims.
However, at the same time, they note that the presence of a DVR largely solves the problem, since existing fraud schemes “collapse” when the circumstances of the violation are video recorded.
It is also noted that certain circumstances of violation of rights are due to their fault - it is no secret that most car owners ignore some traffic rules, so proving one’s own non-involvement in the accident becomes quite problematic.
To level out the likelihood of getting into a fake accident, you need to consider a number of tips:
- When making a turn, you should not lose sight of the vehicle in front of the car;
- in heavy traffic, it is important to monitor cars to your right and left;
- if someone asks to give way, there is no need to rush - first you need to clarify that there are no obstacles, especially in the “blind spot”;
- It is necessary to monitor the situation in the mirrors all the time - not only when changing lanes, but also while moving;
- If the car is persistently pressed, you should stop and turn on the hazard lights.
Taking into account the above positions, driving a vehicle becomes extremely costly. And yet, only using these recommendations will help you avoid the consequences of getting into a fake accident.
Fraudulent accidents for insurance - types and punishment
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According to experts, up to 15% of insurance payments for road accidents go into the pockets of fraudsters. One of the most common ways to illegally enrich yourself at the expense of an insurance company is by simulating an accident. Despite the fact that “car scams” appeared in our country earlier than compulsory insurance, drivers continue to fall into this trap. Let's figure out how to protect yourself from scammers.
Types of insurance fraud
Fraudsters use several methods to obtain illegal insurance payments. Some of them involve the assistance of unscrupulous employees of the insurance company. The most common schemes are:
- Taking out an insurance policy after an accident. The deception consists in the fact that an accomplice working in the insurance company writes out insurance retroactively so that the person responsible for the accident does not have to compensate for the damage himself.
- Driver replacement. If at the time of the accident the car was driven by a person who was not included in the policy, the insurance company may put forward regressive claims to compensate the victim. To shift responsibility to the insurance company, scammers pretend that another person was driving.
- This scheme is also used in cases where the driver was intoxicated and for this reason is not entitled to compensation for damages.
- Additional damage. In case of a minor accident, the car owner can aggravate the damage in order to get more money. Alternatively, pre-existing defects are presented as the result of an accident.
- Framing an accident to obtain insurance. They insure an already damaged car, after which they imitate an accident or specially arrange a minor accident in order to attribute the resulting damage to it. The purpose of a fake accident is to obtain money for repairs that were needed even before the collision.
Punishment for car fraud
The Criminal Code classifies staging an accident for the insurance company as fraud. The first part of Article 159.5 provides for a fine of up to 120 thousand rubles or arrest for up to 4 months for theft of property by deception regarding insurance compensation. Restriction of freedom for up to 2 years, up to a year of correctional labor, or up to two years of forced labor is also used.
If the criminals acted as a group, then each of them
“...is punishable by a fine in the amount of up to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to two years, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to five years with or without restriction of freedom for a term of up to one year, or imprisonment for a term of up to five years with or without restriction of freedom for a term of up to one year.”
The punishment depends on the degree of guilt of each participant and the amount of damage caused to the insurer. The fourth part of the article provides for punishment for actions as part of an organized group and causing damage on an especially large scale.
“... imprisonment for a term of up to ten years with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to three years or without it and with restriction of freedom for a term of up to two years or without it.”
In the event of deception by the second participant in the accident, and not the Investigative Committee, Article 159 , providing for similar fines and prison sentences.
Fake accident schemes
As a rule, the options for automatic substitutions do not differ too much. The three most common scenarios are:
- A driver moving in the lane behind the victim begins using light or sound signals to demand that he be allowed to pass. When the car begins to change lanes, an accomplice moving in the blind spot in the adjacent lane puts the car under attack.
- The driver of the car ahead suddenly brakes for no reason. The victim, not having time to react, crashes and becomes the culprit of the accident.
- A pedestrian throws himself under the wheels of a slowly moving car (or even standing in front of a pedestrian crossing). In this case, the fraudster who caused the accident demands compensation for “damage to health.”
The schemes additionally involve false witnesses, scammers dressed in police uniforms, or even real traffic police crews collaborating with the scammers. The goal of an auto frame-up is to force the victim to pay on the spot or, more rarely, to collect insurance payments.
How to prove your innocence
In addition to the obvious problems with restoring your car, car set-ups with insurance companies are fraught with a spoiled accident-free history.
On the road you need to be extremely careful, constantly monitor what is happening not only straight ahead, but also in neighboring lanes. And don’t forget about a safe distance, which will help you avoid becoming a victim of a setup with unexpected braking.
However, it is impossible to completely prevent a fake accident. Therefore, it is important to know what to do if you are found to be at fault in an accident. In the event of an accident, call friends or relatives who will support you and prevent you from making mistakes when filling out the protocol. Also use the following tips:
- Take plenty of photographs of the accident scene, which will show the damage, the position of the cars, markings, road signs and braking marks.
- Save the dash cam video for trial.
- Write down the contact information of real witnesses to the accident.
- Record conversations with witnesses, traffic police officers and the second participant in the accident.
- Make sure that the information in the certificate and road accident diagram is presented accurately and completely.
- Insist on an independent review.
If you are confident in your innocence and disagree with the actions of traffic police officers, you need to appeal the decisions on an administrative violation. Write a complaint to a higher official or body, file a claim in the district court.
