My car was scratched by a nail in the yard, what should I do?

Scratched the car with a nail in the yard

Home » Accident » Registration of an accident » The car was scratched with a nail in the yard

For many car enthusiasts, a car is one of the most expensive things, and it’s not a matter of price. Often they take care of her as if they were a loved one, pamper her and worry about her condition.

It is clear that some kind of damage, even the most insignificant, for example a scratch, resonates with pain in the heart of the owner.

And such situations happen quite often. You go out into the yard, and there is a surprise in the form of a terrible stroke of a nail on the shiny surface of the hood.

At such moments, you think about nothing but how to find the insolent person who damaged the car. What should the owner of the car do, should he look for the culprit and how to do it? Let's figure it out.

What to do if someone scratched your car

Let's return to the scratch that evaporated not only your mood, but also the appearance of the car. When there is damage, you need to get rid of it. This requires funds. If there is no culprit, who will pay for the repairs?

Some contracts concluded with an insurance company contain a clause that concerns the possibility of receiving compensation for damage to a car without certificates or documents confirming this fact.

The owner of the car writes a statement, describes the situation, indicates that there is no one responsible for the damage. The insurer, having reviewed the application, usually compensates for expenses or offers to send the car to a service station. Repairs are carried out at the expense of the insurance company.

But such a condition is not always specified in the insurance contract. Therefore, in this situation, you will have to act not according to such a simple plan as we described above.

First of all, try to determine the cause of the scratch.

You need to understand whose mark it is, a car or a nail. Your further actions depend on this.

The car was damaged by hooligans

So, you managed to figure out that we are not talking about any other car, because it is clearly visible that this is a mark from a nail, knife or other metal object.

What to do if your car is scratched in a parking lot?

How to apply for CASCO insurance if you scratched the car yourself, read here.

Let's look at the sequence of your actions:

Call the police. Upon arrival at the scene of the incident, law enforcement officers will draw up a report on the administrative violation. Note! The document must reflect the fact that the scratch on the car was caused by a third party;

Notify the insurance company about the incident . You need to do this by personally composing a written explanation of the situation. Why is a written explanation necessary? This way, the insurer will not be able to avoid paying compensation. They will pay your insurance because the dates on the police report and your statement match;

At the next stage, a criminal case is initiated . It is considered in court within 30 days. In most cases, such cases are closed after the expiration of the term, since there is no culprit;

After the period for consideration of the case has expired, contact the territorial police department . There you will receive documents indicating the closure of the case. Submit these documents to the insurance company. Their duty is to compensate you for any damages incurred. Sometimes, instead of money, the insurer may offer to repair the car;

If the case is successful, you will receive a car restored after damage only in a month.

Unfortunately, insurance conditions do not always cover different life situations.

A scratch on a car is a mark caused by another car.

In this case, we will already be talking about an accident. Therefore, your actions will be different from the previous case:

Report the accident to the traffic police;

When drawing up a report, the traffic police inspector will enter information about the participants in the incident, the culprit of the accident, the nature of the damage, insurance information and insurance policy number, etc. Make yourself a photocopy of the protocol;

On the day the car was damaged, go to the insurance company with a photocopy of the report. Make a corresponding statement. The amount of compensation will be determined with the help of an independent examination. Sometimes the contract mentions the possibility of performing repair work at the expense of the insurer. Therefore, your car will be sent to a service station that cooperates with this insurance company.

How to find someone who scratched a car in the yard

Acts of vandalism against vehicles have become noticeably more frequent recently. And although CCTV cameras are installed in most yards, it is very rare to find the culprits.

If you decide to independently identify the hooligan who caused you so much trouble, look at the recordings from CCTV cameras.

To do this, contact the office of the management company with an application to view records for a specific date.

Sometimes owners of apartments located on the lower floors independently install such cameras in order to be able to monitor their car.

Find a camera that is aimed at the place where your car was parked. Try to agree with its owner to view the records made at the time of damage to your car.

The most “knowledgeable” people in every city yard – grandmothers – can become excellent assistants in your business. Or chat with mothers walking with their babies in the courtyard.

Also, a good way to get the necessary information can be regular advertisements asking for help, posted in the right places. It is possible that someone will respond.

In addition, you can ask to view video recordings from organizations, stores or other buildings located near your home or parking lot.

If you can find such information, immediately share it with traffic police officers.

If the car is scratched by a child

It is possible that the hooligan who scratched the car will be a child.

Children often play in the yard. Sometimes accidentally, and sometimes intentionally, they can scratch the car, testing its strength.

If this was done by a minor teenager, then he will not be responsible for his actions.

What should you do?

If you have CASCO insurance, contact the police. Their actions will be identical to the previous example. If you have compulsory motor insurance, call the police. If you already know who scratched the car, be sure to contact the parents of the little hooligan.

After drawing up an administrative protocol, you can seek compensation in court for the child’s parents.

What to do if your car is damaged in the yard?

Home » Vehicles » What to do if your car is damaged in the yard?

First actions after detecting damage

Vandalism in relation to passenger vehicles is manifested in scratching the paintwork of a vehicle with metal objects, the simplest of which is a nail.

Remember! If you find damage in the form of scratches, you should take measures to fix the damage. To do this, you need to call the local police officer.

Be resourceful and find out:

are there video cameras nearby that could record the offender;
make sure that there are video recorders on nearby cars, which could also record the person who damaged the car.

These actions will help to quickly clarify the situation and identify the violator. Usually such offenses are committed by minors. However, due to their age, they cannot be held accountable. But the law says that their parents or guardians are fully responsible for their actions.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

If the car is insured under the CASCO program, you should call the traffic police service and receive a document from it to present to the insurance company, which is obliged to compensate for the damage caused.

If the vehicle is insured under the MTPL program, it is necessary to involve the police, record the violation and, in court, recover damages from the parents of the minor offender.

Read how to return your car to the dealership here.

According to the terms of insurance contracts, no matter what program is used, damage to a car by a nail, other metal object, or bicycle is considered damage by third parties.

This fact must be confirmed by drawing up a protocol by police officers. It should list in detail all violations of the vehicle's surface.

On the same day, inform the insurance company about the occurrence of an insured event. After the police have carried out an inspection, usually within one month, a claim must be submitted to insurers for damages.

When working with insurers, one thing should be taken into account. The application to the Police and the insurance company's statement about the occurrence of an insured event must be dated on the same date. If there is a disagreement, you will not receive insurance.

Watch the video. How to correctly write a statement to an insurance company:

How to get compensation

There are many such cases of damage to vehicles, so the owners have a natural question: is such a case insurable? Can I get compensation from the insurance company?

To get answers to these questions, the owner must ensure that the offense is recorded and send a written message to his insurer.

However, the amount of damage that an insurance company can compensate directly depends on the type of insurance. With CASCO this is possible, but with OSAGO it will be necessary to achieve it, perhaps even in court.

ATTENTION! View the completed sample application for payment of insurance compensation:

CASCO – what to do in this case

If the vehicle is insured under the CASCO program, then the costs of eliminating the results of illegal actions of third parties are subject to reimbursement by the insurance company. There will be no problems with payment.

What should you do if your car is scratched?

To do this, there is a certain algorithm of actions that must be followed:

visually assess the amount of damage caused. If it is significant, call the traffic police to record the offense. Police officers are required to draw up a report, one copy of which is given to the owner of the vehicle;
analyze the insurance contract, paying attention to the “Special Conditions” section. Opposite points 1 and 4 there should be pluses. If so, you can get insurance without any problems;
before the arrival of traffic police inspectors, collect written testimony from eyewitnesses who can confirm the fact of damage to the car;
when inspecting a vehicle by police officers, ensure that the amount of damage is not underestimated;
receive a certificate of the accident, a copy of the notice to the insurer in form No. 31. Provide it to the insurance company that issued CASCO;
write an application for compensation for damage caused to the insurer.

The entire procedure has been followed, all that remains is to wait for the response from the insurance company.

Please note! If the scratches are minor, and there is no point in calling the Police, then you must immediately contact the insurance company and clarify the possibility of compensation for damage without a police certificate.

If the damage is no more than three percent of the amount of the possible risk, then the insurer will accommodate and compensate for the damage.

OSAGO policy - how to get compensation

If you were negligent and insured under the MTPL program, then due to damage to the car by third parties who are not road users, it will be impossible to receive compensation for damage.

In this case, it will be necessary to identify the culprit and collect funds from him in court, and if such a person is a minor, then from his parents or guardians.

Watch the video. List of insured events:

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Scratched the car with a nail or key.

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Mon Mar 31, 2008 12:25 am

Well, where are you going to go and do it?
To the nearest service center, please. Don't think. Therefore, this is not the machinations of servicemen.

Wasn't the car parked next to the "path" to the trash container or something? Maybe the gasters were dragging some kind of concrete block and accidentally hit it? Or was it a cart full of garbage?

It all sucks of course (

If your car is scratched in the yard, what should the owner do?

Crowding in parking lots and adjacent parking lots often leads to damage to one vehicle by another. Many people in such a situation don’t even know how to behave, because the damage is not that significant, and it didn’t all happen on the roadway. And you can’t leave a car with a defect, but it’s unclear who will have to pay for the restoration. Read the article about where to turn if your car is scratched in the yard, what to do when the culprit is a minor, or has even run away.

Read in this article

What to do if your car is scratched in the yard

Situations in which a car left near the house becomes chipped or scratched vary. Damage can occur due to the carelessness of a neighbor leaving the parking lot, hooliganism of teenagers, or the door of someone else's vehicle swinging open. These nuances often determine who will compensate for the damage.

Who is responsible if children are injured?

It happens that the car turns out to be defective due to the games of children or the maliciousness of teenagers. Actually, it depends on the age of the “pests” who will be responsible for what was done. If the child is under 14 years old, these are his parents. They can be prosecuted not only for failure to fulfill educational obligations, but also forced to pay for damage, as Article 1073 of the Civil Code of the Russian Federation states:

From the age of 14, a teenager who damages the surface of a car has the right to be held administratively liable. But most likely his parents will also have to pay for the repair of the vehicle in accordance with Article 1074 of the Civil Code of the Russian Federation:

To receive compensation, the owner of the damaged property must make some efforts. If your kids scratch your car in the yard, here's what to do:

take photographs of equipment and defects;
let the police (precinct) know, write a statement;
find witnesses;
look for recordings from video cameras located near the scene of the event.

After all this, you can repair the equipment at your own expense and present the bill to the child’s parents. If they refuse to pay it voluntarily, a civil lawsuit should be filed in court.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, just call, it’s fast and free!

If the unknown nail

An attacker who damages someone else's car usually does not stay at the scene. But the car owner should not immediately let go. If unknown persons scratched your car with a nail in the yard, you need to:

call the local police officer to draw up a report on the incident;
write a statement to the police about hooliganism;
talk to neighbors, especially the owners of nearby cars (there could be a DVR working there);
look for those who might have seen something (residents sitting at the entrance, employees of nearby organizations).

In order for the police to more actively search for the attacker, they need to contact them more often with questions about the success of the investigation. The information that the car owner found himself must be passed on to law enforcement. If the damaged car is found, a civil claim should be filed so that the attacker will compensate for the costs of repairs.

Another car

If a car is damaged due to the actions of the driver of another vehicle, it should be considered an accident. The owner of the damaged car must not move. You need to take photographs of the equipment from different angles, and then call the traffic police.

The policeman must come to the scene of the event, study all the details, and draw up a report. Before his arrival, the car owner can look for eyewitnesses himself and find out if there are working video cameras nearby. Upon arrival of the police, it is important not to write that he has no complaints, because then they will not search for the other driver.

If the culprit of the problem has not left the place, it is worth trying to come to an agreement with him without the traffic police. The law allows you to formalize everything without involving the police. For the European protocol it is necessary that:

there were two participants, both of them bought compulsory motor insurance;
they agreed with each other regarding the circumstances of the accident and identifying the culprit;
the damage was less than 50 thousand rubles;
if the event happened in Moscow or St. Petersburg, the damage was up to 400 thousand rubles, and the accident itself was recorded by a video recorder with GLONASS/GPS.

If there are disagreements between the participants, you will have to contact the traffic police. It is allowed not to call an inspector to the site, but to make a call and explain the problem. In such cases, it is often recommended to go to the department to draw up a protocol. But before that, you need to capture the scene of the event and transport in a photo, and fill out a notification about the accident.

Watch this video about what to do if your car is scratched in the yard at night:

What is the right thing to do if you have a CASCO or MTPL policy?

If the car is slightly damaged, the punishment of the perpetrator is not as important as compensation for the damage. If your car is scratched in the yard, what to do under CASCO depends on the circumstances and specifics of the contract. The car owner should evaluate the nature of the defects. If it is clear that they appeared as a result of a collision with another car, you need to contact the traffic police.

In case of scratches specifically caused by an object, you should contact the local police officer. Protocols from both services will confirm that the car owner did not damage the vehicle himself.

Next, you need to submit an application to the insurance company along with a certificate from the traffic police or police. If the contract with her provides for compensation in such cases, after inspecting the vehicle, the owner will receive money. Or the car will be sent for repairs at the company’s expense.

If your car is scratched in the yard, what to do under compulsory motor liability insurance also depends on the circumstances. Damage caused by an object, but not someone else's car, is not considered an insured event. Here you need to contact the police, look for the culprit and demand payment for repairs from him.

If a defect occurs due to another car, you should call the traffic police and file an accident. If the culprit is found, you need to contact the insurer with a statement. If someone who has scratched a car escapes, the police must search for him for 3 months. Until this time, the victim will not be able to receive compensation under compulsory motor liability insurance. And after 3 months, the statute of limitations expires in the case of an accident with minor consequences.

What to do if you scratched someone else's car

If you scratched someone else's car in the yard, the law will tell you what to do. It prohibits simply driving away from an accident. This is punishable under Part 2 of Article 12.27 of the Code of Administrative Offenses:

On the other hand, you shouldn’t waste a day waiting for traffic police officers because of a scratch. We must try to come to an agreement with the owner of the damaged car. You can draw up a European protocol if the circumstances of the incident coincide with the conditions for its preparation. Or act in accordance with paragraph 2.6.1 of the traffic rules:

Otherwise, you need to contact the traffic police to inform about the incident and listen to instructions. Usually the duty officer requires you to go to the department for registration. Before that, you should definitely take photographs of the accident scene, find witnesses, and, if possible, video recordings from external cameras.

If a minor accident is correctly registered, the insurer of the culprit will pay for the repair of the damaged car. And he himself does not face punishment. If he leaves without an agreement with the other party, he will get into trouble with the traffic police and will have to pay for the repair of someone else’s vehicle himself.

And here is more information about when you can remove your car from the scene of an accident.

When a car is scratched in the yard, what the owner should do should be decided according to the circumstances. But you should not consider the proceedings and obtaining compensation hopeless in advance. The law and insurance rules will help the victim and punish the culprit.

Useful video

Watch this video about whether you can get damages for a car scratched in the yard if the culprit escaped:

Didn't find the answer to your question? find out how to solve exactly your problem - call right now (it's fast and free):

It is not always possible to remove a car from an accident, even despite changes in the Law. When can this be done and when not? Will there be a fine if I remove my car from the roadway?

An accident without a second party can happen for various reasons. Registration takes a minimum of time if you draw up a diagram yourself and take it to the traffic police, for which a certificate will be issued. It is worth knowing the procedure to follow if an accident occurs in the yard.

Not everyone, even a very experienced driver, can easily navigate the traffic rules about the adjacent territory and traffic on it. The thing is that some of them are very similar to roads, but turns and exits, parking and parking must be carried out according to other requirements, otherwise an accident cannot be avoided.

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.

What to do if your car is scratched in the yard in 2019

Scratches caused in the yard are a common situation. This may be the result of careless parking. Other reasons: a novice driver did not calculate the dimensions and hit your car, or there were “well-wishers” who scratched the car for no reason. In any case, if your car is scratched in the yard, you need to know and be able to defend your rights.

What measures to take

Let's start with a successful case when the conscious culprit of the incident waited for you and did not go anywhere. Since July 2015, new traffic regulations regulate the registration of minor accidents without traffic police officers. It happens like this: participants must report the accident to the traffic police, take photographs of the cars and the place where everything happened. Then you fill out the incident notification form, with which you need to go to the department, and the rest of the documents are processed at the traffic police.

The notice must indicate the exact address of the accident site, as well as the date and number of damaged vehicles. It is also necessary to note whether the person responsible for the accident was examined for intoxication, because if not, then such a procedure should be carried out at the department. In the last column of the form we make a note about material damage.

If the culprit escaped

It is not always possible to count on the integrity of the person responsible for an accident. Let's analyze what to do if your car is scratched in the yard and you drive away. First you need to make sure that the scratch is the result of an accident.

If you are sure that the car was damaged by another car, immediately call the traffic police and take photographs of the scratches.

Do not repark your car, even if it is parked in the wrong place. When identifying the details of the incident, traffic police officers and the insurance company will understand that the car was moved. Examine the size, location and paint marks on the scratches. This can help in finding the culprit; such data must be entered into the protocol. After all, if they manage to find the criminal, they will be able to present him with documented traces of his offense.

What else can you do if your car is damaged right in the yard by persons unknown to you? Before law enforcement arrives, inspect the parking lot for cars with DVRs turned on. If you are lucky enough to have one, write down the driver's contact details so you can review the records later. Inspect the nearby buildings, there may be surveillance cameras there.

This is, perhaps, an exhaustive list of what to do if a car was damaged in the yard and disappeared until traffic police officers arrived. Further actions should take place with their participation.

After the traffic police officers arrive and draw up a report, go around the car services located nearby. Perhaps the culprit of the incident came to have his car painted. Statistics show that in this simple way it is often possible to track the offender.

Insurance case

Since damage sustained in the yard is classified as damage to the vehicle, the driver has the right to appeal to the insurance company. But the availability of compensation depends on the details of the offense, as well as on the type of policy - CASCO or OSAGO.

Let's consider what to do if the car is scratched in the yard, and it is insured under CASCO. First, we carefully examine the location of the scratch to understand whether the damage was caused by a collision with a car or human actions. When the body is damaged by another car, you need to call the insurance company and find out whether a certificate from the traffic police is needed to compensate for the damage.

If one is required, we call the road service employees and, in addition to writing a statement and drawing up a protocol, we require a document confirming the existence of scratches.

If the perpetrator of property damage is present, his details are indicated in the protocol; your details and insurance policy numbers (yours and the offender’s) are also recorded. The protocol also records information about the extent of damage.

Now what to do when a car in the yard is scratched, for example, by a nail, and its owner has CASCO insurance? In this situation, it is better to call the police: an offense such as “damage by third parties” falls within their area of activity. Police must record property damage as an administrative offense. It would be a good idea to describe the scratches and damage in as much detail as possible, making sure to indicate that the culprit is a third party.

The period for receiving compensation in such a situation is up to 30 days. This is determined by the period allotted for conducting the case, which is initiated after filling out the protocol. In most cases, during this time, the criminal, alas, cannot be found, and the case is closed.

After thirty days, if the culprit is not found, we take from the department a document confirming the closure of the case. We send this paper to the insurance company, and the insurer, having read the decision, is obliged to compensate for the damage in cash or send the car for repairs.

Important: you must report an insured event to the insurance company on the same day it occurred.

After all, the number of the statement and the date of the police report must be the same. back to contents

What should a driver do if his car is scratched in the yard, but he only has an MTPL policy (without CASCO)? You can only achieve payment if you prove that an accident occurred. If the damage to the body was not caused by another vehicle, compensation is not provided.

Having noticed a scratch made by someone else’s car, we try with all our might to detain or find the offender. If the culprit is on the spot, then he is guaranteed to pay you compensation: after the arrival of traffic police officers and a detailed description of the accident, according to the terms of his OSAGO policy. This is the only case when compulsory motor insurance will save you in such a situation. Because if the driver who scratched the car fled the scene of the accident, you did not write down the car number and did not find it, you will not be able to receive payment.

Atypical cases

In addition to the listed cases, there are non-standard situations. For example, you didn't notice the scratch and a day or two has already passed. The damage was caused not by another car, but by a person passing by, and it could also be a child.

If you didn't notice right away

Here the choice is yours: either call a traffic police officer and document everything as it happened the previous day, or try to get a certificate as if it happened today. You should also re-read your policy options. There are conditions that allow the repair of 1-2 parts during the entire insurance period without a certificate. But this only applies to scratches caused by other cars.

TC confirmed by pedestrian

Damage to property of this kind is interpreted by CASCO as damage caused by a third party. You need to call the police and draw up a report detailing the scratches and identifying the culprit. If he is unknown, it is necessary to note that the violator is an unknown person.

At the same time, we submit an application to representatives of the insurance company. The case at the Department of Internal Affairs will be considered, as mentioned above, for 30 days. After an unsuccessful search, we go to the insurance company and receive either money or a referral for repairs.

If the car is scratched by a child

If the damage to the car in the yard is the child’s fault, compensation must be demanded from the parents. You can do without contacting law enforcement agencies and agree to pay the amount for the damage from hand to hand. If parents refuse to pay, you can contact the police. Its employees draw up a protocol, after which payment of material damage for the body is guaranteed, even if this requires judicial intervention.