A pedestrian damaged a car, what should I do?

Violation of traffic rules by a pedestrian, in which he becomes the culprit of a traffic accident with damage to the car, will be the reason for compensation for material damage to the driver.

So what are we talking about? A minor girl, Aleksina Raim, suddenly jumped out onto the road in front of a passing car and away from the pedestrian crossing.

The driver only managed to brake, but still hit the girl.

In the supervisory instance, a Supreme Court judge refused to consider the appeal against the decisions made.

He explained in detail why on eight pages. That is, if a drunken pedestrian falls under his wheels, having become detached from the nearest pole, he will not have to pay an administrative fine, he will not face criminal liability. But you will have to pay for the treatment of such a pedestrian if the victim or his relatives demand it.

But what should a driver who has been injured as a result of a collision do? After all, it’s not his fault that a pedestrian jumped under his wheels? And in most cases, drivers either silently, and at their own expense, repaired the equipment, or, if they were insured under CASCO, turned to their insurers for payments. There have been cases when drivers tried to obtain compensation for damages from pedestrians who violated the rules.

Much less frequently, the insurance companies themselves made such claims. But after this ruling by the Constitutional Court, there may be a wave of such cases.

But at the same time, by virtue of the law, the pedestrian has more grounds to receive compensation for the harm caused to him.

And the degree of responsibility of each of the participants in the accident, evidence of guilt, and the amount of compensation is a matter for the courts of general jurisdiction, and not the Constitutional Court, writes Rossiyskaya Gazeta.

Those who fell under the wheels will pay for broken cars

The Constitutional Court of Russia refused to accept a complaint from a pedestrian who caused a traffic accident to a regional court, which ordered him to pay compensation for car repairs. Thus, the Constitutional Court has created a legal precedent, which, according to experts, could give rise to a whole wave of similar court decisions, Rossiyskaya Gazeta reports.

Her treatment cost 10 thousand rubles, another 25 thousand were collected from the driver for moral damage to the child.

At the same time, most drivers either repair a broken car from their own pockets or turn to insurers (if they were insured under CASCO). Injured pedestrians were rarely sued by insurance companies. Perhaps after this trial everything will change.

Let us recall that some time ago Autonews.ru addressed the topic of virtual impunity for pedestrians on Russian roads - Blue Buckets coordinator Pyotr Shkumatov explained then that traffic police inspectors fine citizens for jaywalking only if they have “ plan" for pedestrians: "The inspector can be understood. After all, in order to fine a pedestrian, he must perform a number of procedural actions that will plunge any person into a state of shock. I won’t describe the paperwork, but in order to “register” one pedestrian, the inspector must spend more than half an hour of working time.”

Pedestrians will pay fines the same as drivers

A pedestrian in Russia is somewhat akin to a sacred cow - he can do whatever he wants with impunity. And even if a drunk citizen, crossing the Moscow Ring Road at night, gets run over, the driver will most likely be to blame for what happened - it will be enough to slightly exceed the speed. But this state of affairs may soon come to an end: deputies of the lower house of parliament decided to tighten the screws on horseless road users. To begin with, it was decided to equalize pedestrian fines with automobile fines.

For example, crossing the street in the wrong place or at a red light will cost the violator 1000-2000 rubles. instead of the current 200-300 rubles. A similar proposal was made by Deputy Chairman of the State Duma Committee Alexander Starovoytov.

“Now the liability for violating traffic rules for motorists is quite serious. Pedestrians, in turn, violate traffic rules no less. And this entails no less grave consequences. Plus, responsibility is provided for adults who have the habit of taking children across the road in unspecified places ,” Starovoitov said in an interview with the Russian News Service.

“We need to think about increasing the responsibility on the part of pedestrians, otherwise it is fashionable for us to take on motorists, and the rules of the road are the same for everyone ,” he added.

Experts note that the low percentage of fines among pedestrians is due to the difficulty of issuing them. Coordinator of the “Blue Bucket Society” Petr Shkumatov notes: “The inspector can be understood.

And this is not the limit, since if the pedestrian does not have a passport with him, then by law he will have to be taken to the police station, where all measures will be taken to establish his identity,” says the expert.

Parliamentarians have not yet figured out how to make the work of the police easier. “It is very difficult to attract a pedestrian: if he ran a red light, which caused an accident, then he may well flee the scene of the crime, and here it is much more difficult to find him ,” said Vyacheslav Lysakov, a member of the United Russia faction.

Note that 15% of all those killed in road accidents this year are pedestrians. Of course, not all of them violated the traffic rules, but the numbers speak for themselves. At the same time, due to the fault of drunk drivers, around whom serious legislative passions flared up, half as many died - 7% of the total number of victims of accidents in Russia.

By the way, recently it became known that the Constitutional Court of Russia has created a precedent that allows car owners to count with greater confidence on the satisfaction of lawsuits against pedestrians due to which their vehicle was damaged.

What to do if a pedestrian on a zebra crossing damages your car

There is no doubt that drivers who stop at a zebra crossing are certainly guilty of violating traffic rules. According to Article 12.19 of the Administrative Code, they must pay a fine of 1,000 rubles (3,000 in Moscow and St. Petersburg). But even if a horseless citizen is deeply offended by the fact that he is forced to bypass the car at his own crossing, this is not a reason to take revenge on someone and damage someone else’s property. And most conflicts that escalate into violent fights between a driver and a pedestrian happen precisely for this reason.

What to do

In any case, a car owner who gets stuck on a zebra crossing and receives a strong kick in the body of his car from a disgruntled stranger will still have to get out of the car. But not in order to break the pedestrian’s nose, but in order to make sure whether there was a dent on the car from the impact or any other damage.

If your property is damaged, you need to turn on the hazard warning lights, put up a warning triangle and call the traffic police to register a traffic accident. After all, what happened fully corresponds to the official wording: “An accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.”

Detention

As for the physical detention of the culprit of the incident that caused the damage, the victim has the right to do this, protecting his rights in accordance with Article 37 of the Criminal Code “Necessary defense”. However, before you try to force a stranger to wait for the police, you need to measure your strength and skill. Agree, this is not so simple: on the one hand, you can exceed the necessary defense, on the other hand, you yourself can suffer.

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In such a situation, you will have fewer problems if the offense is recorded on the DVR. In his absence, one can only rely on evidence from witnesses or recordings from street cameras. In any case, the culprit should be photographed so that, if necessary, the police will put him on the wanted list.

Responsibility

If an amount of 5,000 rubles or more is required to repair the damage to the car, then the violent pedestrian may be prosecuted under Article 167 of the Criminal Code for intentional damage to someone else’s property. This is punishable by a fine of up to 40,000 rubles, or compulsory labor for up to 360 hours, or correctional or forced labor from one to two years, or arrest for up to three months, or imprisonment for up to two years. If the damage is insignificant, he will be held administratively liable under Article 7.17 of the Administrative Code. In any case, the injured car owner should apply to the court with a claim for compensation for the damage caused.

An angry pedestrian damaged a car. What to do?

Nobody absolves the driver of blame in this situation - even if he was distracted and did not have time to stop. This is not an excuse. There is a violation of clause 14.1 of the traffic rules, for which, according to article 12.18 of the Code of Administrative Offenses of the Russian Federation, a fine of 1,500 to 2,500 rubles is provided. This has been talked about a lot, and now it seems to pedestrians that the zebra crossing gives them the right to cross the road any way they want - covered with a hood, buried in a smartphone and deafening themselves with headphones, waddling, on all fours or head over heels. At the same time, in the traffic rules there are paragraphs 4.5 and 4.6 of the traffic rules:

“At uncontrolled pedestrian crossings, pedestrians can enter the roadway (tram tracks) after assessing the distance to approaching vehicles, their speed and making sure that the crossing will be safe for them. When crossing the road outside a pedestrian crossing, pedestrians, in addition, must not interfere with the movement of vehicles and exit from behind a standing vehicle or other obstacle that limits visibility without making sure that there are no approaching vehicles.” (Traffic Regulations, clause 4.5) “Once on the roadway (tram tracks), pedestrians should not linger or stop unless this is related to ensuring traffic safety. Pedestrians who do not have time to complete the crossing must stop on a traffic island or on a line dividing traffic flows in opposite directions. You can continue crossing only after making sure that further movement is safe and taking into account the traffic light signal (traffic controller).” (Traffic rules, clause 4.6).

For violation of traffic rules for pedestrians, liability is also provided - from a warning to a fine of 300 rubles when interfering with the movement of vehicles (Administrative Code, Article 12.30, Part 1). But since traffic police inspectors always have other things to do, and the punishments are ridiculous, virtually no one monitors pedestrians’ compliance with the rules. Alas.

Let's move on to the main question - what to do if an angry pedestrian kicked your car and left a dent? There is only one way out: call the police and record the fact of the accident. The situation fully fits the definition from paragraph 1.2 of the traffic rules: “A traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused. " The vehicle is damaged and there is material damage. However, be prepared to pay a fine for violating clause 14.1 of the traffic rules. And don’t count on compulsory motor insurance. Pedestrians have not yet been required to take out insurance, but yours covers damage caused by you, not you. But a comprehensive insurance policy, on the contrary, will help. And if you have such insurance, it is necessary to file an accident report.

It’s good if you have recordings from DVRs (your car or neighboring ones). And - witnesses to the incident. You can also search for recordings from outdoor CCTV cameras that are located on houses and many intersections. In any case, it doesn’t hurt to record a video of the culprit of the incident on your phone, warning your opponent about the recording and a future call to the police.

Most likely, your opponent will try to leave. Until he does this, inform him that damage to the car can be considered significant damage, and under Article 167 of the Criminal Code of the Russian Federation, the violator can be punished with a fine of up to 40 thousand rubles, or compulsory work for up to 360 hours, or correctional labor for up to two years, or arrest for up to three months, or imprisonment for up to two years. The range is large, but in any case it is not pleasant.

Despite warnings, the opponent leaves. You can try to detain him until the police arrive. Physically. This right is given to citizens by Article 37 of the Criminal Code of the Russian Federation. But at the same time, you need to remember the content of paragraph 2 of Article 38 of the Criminal Code of the Russian Federation, which deals with causing harm when measures of necessary self-defense are exceeded, including during arrest. The risk of turning from a victim into an inveterate bandit in our realities is so great that it is better not to even touch your opponent.

Finding a person in a modern metropolis is not as difficult as it seems. The police have this opportunity. The main thing is that there is also a desire. And then you can go to court with a claim for compensation for damage caused in accordance with Article 1046 of the Civil Code of the Russian Federation.

Or you can simply forget - especially if the car is old, with many other damages. In addition, some defects can be eliminated simply, even without straightening and painting.

You will find answers to many legal questions in our Document Park.