Separated after an accident, can there be consequences?
What are the consequences of an accident?
No one is protected from unforeseen situations while driving a vehicle.
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As practice shows, even diligent motorists who know all traffic rules and comply with them cannot completely protect themselves from accidents, because they are also influenced by weather factors, third parties and even accident.
In order to somehow reduce the consequences of accidents and speed up the process of solving them, vehicle owners are required to insure their civil liability, as well as their cars (if desired).
Situations with road accidents can be different, but the algorithm for solving them is almost identical, because with the help of money you can repair the vehicle and improve the health of the victims.
But what other consequences could there be for those responsible for the accident? What threatens unscrupulous motorists for driving without an insurance policy?
In this article we will consider all the interesting aspects of the consequences of an accident caused by a human factor.
If you left the scene of the accident
In unforeseen situations that create a colossal stress for everyone, it is difficult to maintain calm and adequate reason.
Victims and perpetrators are seized with shock, especially the latter persons are additionally captivated by panic and fear of the scale of the consequences.
Both parties want the situation to be resolved as quickly as possible: the victims of the accident are waiting for punishment for the guilty motorist, compensation, and he hopes for mitigation of the circumstances so as not to be held responsible for the incident or to do it partially.
Often, drivers who caused an insured event try to escape from the scene of the incident.
Although they succeed, the responsibility hangs even more on them, and punishment will become inevitable (for hiding from the scene of a crime, criminal liability is mandatory).
Motorists who leave the scene of an accident are subject to the following penalties:
- Deprivation of the right to drive any vehicle for a period of 12-18 months.
- Arrest and detention for 15 days.
If the driver fled the scene, leaving the victims in serious condition, then the court may choose other measures, incriminating other articles of the law.
Also, the punishment for the culprit is influenced by the number of victims and the severity of the incident.
The law prohibits participants in an accident from leaving the scene of the accident until the arrival of traffic police officers.
The guilty and injured parties are required to report the incident to law enforcement agencies and their insurers, not to move the units, call an ambulance if necessary, and remain calm.
A compelling reason is required to move cars, for example, if someone’s life or health status depends on it, or if it may contribute to aggravating the consequences of a traffic accident.
Upon arrival of authorized inspectors, it is required to draw up a protocol and collect information from eyewitnesses.
Motorists can leave the scene of an accident only in cases where prompt assistance from medical workers is required.
For this purpose, it is even allowed to be used on a surviving vehicle, but under conditions of minor consequences.
The practice also allows those motorists who have entered into an agreement on no claims against each other to leave the scene of an accident if damage is caused only to property, and not to the health or life of road users, if all parties have compulsory motor liability insurance.
Could there be consequences if they separated after an accident?
We talked about the categorical ban on leaving the scene of the incident in the previous paragraph. It was also indicated about possible actions for each of the parties after the accident.
If the law does not allow leaving the scene of the incident, therefore the responsibility for them is criminal or administrative. It all depends on the consequences and the culprit’s cooperation in the investigation.
The same applies to victims who decide to leave the scene after an accident before the arrival of traffic police inspectors, except in cases where they require emergency medical care.
The parties can leave the emergency site if they have signed a no-claims agreement, if there are no casualties, and the financial issue will be resolved with the help of insurance companies.
Without insurance
The presence of compulsory motor insurance is mandatory for all motorists without exception, therefore movement within the territory of the Russian Federation without such a policy is illegal.
For the lack of civil liability insurance, penalties are imposed, and in the event of an accident, the culprit motorist will be charged with all expenses for eliminating the consequences of the accident, as well as a fine for driving without compulsory motor insurance.
This means that a driver without insurance is in a financial risk zone, which makes his situation completely unfavorable. But often Russian citizens want to save money on a policy, but end up with more problems than they could even imagine.
For example, when purchasing a vehicle on the secondary market or through an advertisement, a motorist receives insurance that literally expires immediately, but he is in no hurry to replace it.
If he still has poor driving skills, then the likelihood of becoming the person at fault in an accident is quite high. What then should his victims do? How can they receive monetary compensation?
Insurance experts recommend demanding money first directly from the person responsible for the accident.
You can use one of two methods:
- Ask for a voluntary payment.
- Go to court for proceedings and forced payment.
In the second case, you should not immediately run to the authorities, you must initially collect evidence, traffic police inspectors must provide a European protocol from the scene of the incident, and an independent expert assessment of the scale of the accident.
All information is provided to the culprit so that he agrees to make compensation; if this does not happen, then the court will help sort out the case. For a winning result, it is recommended that you use the services of a competent lawyer.
Read instructions for preventing school bus accidents here.
Framed incident
A road accident involving the insured is in most cases accompanied by large insurance payments.
Fraudsters are attracted to such decent sums, and easy money exposes them to crime by creating a fake accident. As a rule, situations are created as realistic and beneficial as possible for the participants.
To do this, the course of events is carefully thought out, “witnesses” are used, who provide information with a photographic effect, so that the independent examination has no options other than how to make the payment.
Automatic frames are imitated in relatively crowded places where the event will look harmonious. The consequences of an accident at a pedestrian crossing will look as natural as possible, just like the various blows of hooligans.
Statistics highlight two main schemes for fraudsters:
- A hit to the wheel during an accident, the consequences of which include insurance payments. The scheme involves driving on highways with heavy traffic, for this purpose a used foreign car is selected, and the victim is determined randomly, but is selected from average cars. There are also passengers in the cabin who help the driver persuade the “culprit” to pay.”
- A collision at pedestrian crossings, when it is possible to involve pedestrians (dummy individuals), in such cases the factor of crushing the feelings of the “culprit” is triggered, who immediately tries to settle the situation with the help of an insurance payment.
The first hint that you have fallen into a scam is that you are offered to pay an amount that is much less than the actual cost of repairs, and this is motivated by the urgent need to carry out repair work.
For false witnesses
All participants in the “automatic setup” are punished as a result of its exposure, but for each of them their own measure is chosen.
It directly depends on the number and scale of fraud committed, on the amounts received through insurance payments to compensate for the incident.
Group fraud entails both administrative and criminal liability. The “leader” of a group with decent experience faces up to 10 years in prison, according to the Civil Code of the Russian Federation. Penalties are also provided in large amounts - up to 1,000,000 rubles .
Such consequences apply not only to the fake driver, but also to “eyewitnesses” who give false testimony, and for this they receive a percentage of the insurance compensation received. They are also subject to administrative and even criminal liability.
Lethal for the enterprise
Not only individuals can be involved in road accidents, and the vehicles of enterprises become involved in such cases. Often, truck drivers and sales representatives get into various types of accidents after long drives.
The employment contract between the employee and the employer provides for compensation for losses of the company, but with the exception of special cases when officials were negligent in their duties and did not monitor compliance with operating rules and the proper condition of the vehicle.
When the employee’s guilt is obvious, the following facts are taken into account during the investigation:
- Legality of using motor vehicles.
- Official employment.
- Compliance with safety measures, rest and work regimes.
- Correct waybill and its observance.
- Related documentation, vehicle condition, its equipment.
There are two possible consequences:
- Partial damage to the vehicle.
- Complete loss of property without the possibility of restoration.
The methods and amount of payment are determined in each case separately, taking into account the circumstances and the salary of the guilty motorist.
When the motorist responsible for the accident dies, his family receives moral compensation, and the company is paid an insurance premium from the insurance company, because according to the Law on Compulsory Motor Liability Insurance, drivers working at enterprises must have such a policy.
But this is possible when a motorist gets into an accident without violating the terms of the insurance contract or traffic rules.
Gravity calculation
Traffic police officers and independent experts can determine the extent of responsibility of the culprit of the incident and the severity of the consequences of the accident.
They are guided by a set of indicators:
- the number of victims, the degree of their injury;
- damage to vehicles, their number;
- communications losses;
- social risks.
Taking these factors into account, experts determine the severity of the consequences of the incident. There are several cases that are immediately identified as the complex consequences of a drunk driving accident and the consequences of an accident with children.
In the first case, the insurance company may refuse to pay the insurance premium, which will also aggravate the financial situation of the culprit.
According to the terms of the insurance contract, companies are obliged to pay large sums to compensate for the consequences of an accident.
Investigative agencies are reluctant to part with their money, so they guarantee a thorough examination of the incident.
She is able to determine the veracity of the case, the degree of severity. Often, it is the expertise from insurance companies that significantly helps the investigation.
In all cases, participants in an accident are strictly prohibited from leaving the scene of the incident before the arrival of emergency services, otherwise such actions will also face punishment.
Exceptions may be situations where victims require emergency medical care.
Separately, criminal punishment is considered for the perpetrators, as a result of whose actions people died. Damage to property is covered by insurance, and for the death of victims, a motorist who is clearly at fault faces imprisonment.
Compliance with traffic rules is a sure chance of not becoming the culprit of a car accident, which even entails irreparable consequences.
How to make a receipt for receiving money in case of an accident, see on the page.
Find out about the prevention of road accidents among police officers from this information.
Video: Procedure for registering an accident
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Hiding will show
Leaving the scene of an accident, even by mutual consent with another participant in the incident, is fraught with deprivation of rights. Oddly enough, even if the other side has no claims against you, they remain with the state.
Here's a concrete example. A certain Dmitry Oleinik was leaving the yard in his Toyota Auris. Something bad happened to him: he hit a Subaru Forester. The contact was insignificant: literally the corner of the bumper struck the corner of another bumper. Dmitry, together with the owner of the Subaru, examined the damage, which was difficult even to detect with the naked eye. After making sure that there was nothing wrong, they decided to leave. Dmitry did not deny his guilt, but he was in a hurry - his child had a birthday, and he needed to buy gifts. Both drivers decided that it was not worth bothering the traffic police because of such trifles. But there were no insurance forms for notifications of road accidents at hand. Therefore, they drew up a diagram of the accident on a piece of paper, Dmitry wrote a receipt that he had no claims against the Subaru driver, left his coordinates and passport details and went about his business.
However, the Subaru driver, whose car was insured under CASCO, decided to contact his insurer just in case. He insisted on calling the traffic police, otherwise it’s not even worth claiming to pay for the repair of this damage under CASCO. Three hours later, representatives of the traffic police arrived at the scene. Not finding the culprit, they opened an administrative case against him as having left the scene of an accident. And for this, the Code of Administrative Offenses provides for liability: deprivation of rights for a year and a half or administrative arrest. And this decision is made by the court.
Dmitry explained that if he wanted to hide, he would not leave coordinates, passport details and insurance policy. In addition, the second participant in the accident stated that he had no complaints, but. claims remained with the state.
As the Department of Road Safety of the Ministry of Internal Affairs of Russia explained to RG, the rules provide for three action scenarios for an accident without injuries. Call traffic police officers to the scene of the accident and report the accident. Fix the position of the vehicles on the diagram yourself and drive up to the nearest post to register the incident. The third option is to act in accordance with the law and MTPL rules. And they allow you to do without the traffic police only if a fairly large number of conditions are met: if only two cars were involved in the accident, if both of them are insured under compulsory motor liability insurance, if no people were injured, if both participants in the accident have no disagreements in the circumstances of the incident, if the amount of damage does not exceed 25 thousand rubles. And now the most important point: both participants must fill out a notification of an accident and sign under it. Only after this, the participants in the accident, each with their own copy, can leave and no one can make claims against them that they left the scene of the accident.
This is the case that in insurance is called a simplified payment system (Europrotocol). Unfortunately, it is not often used. Firstly, consent from drivers is a rather rare case, and secondly, there is not always confidence that repairs will cost less than 25 thousand rubles. But CASCO does not provide for such a system at all, so such insured persons have no alternative at all except for the registration of an accident by a traffic inspector.
It must be said that, despite the existence of compulsory motor liability insurance, in case of minor damage, many drivers strive to sort it out, as they say, on the spot. That is, to pay in order, on the one hand, not to waste time, but on the other hand, when applying for a new compulsory insurance policy, you will have to pay one and a half times more, taking into account the coefficient of 1.5.
However, such an on-the-spot calculation may threaten that your car will be put on the wanted list, and even if you have a receipt from the second participant in your hands that he has no claims against you, this story may definitely end for you - with deprivation of your rights.
This is exactly how it ended for Dmitry. The court of second instance confirmed the decision of the magistrate, and Dmitry lost his rights for one year.
Human rights activists believe that this is a rather severe punishment for a seemingly violation, which can hardly be called a violation. This is the very case when the spirit of the law is replaced by its letter. The leader of the “Freedom of Choice” movement of motorists, Vyacheslav Lysakov, proposes to rewrite regulations in such a way as to give insurance companies the right to decide who is considered to have left the scene of an accident.
However, this solution is unlikely to satisfy everyone.
Separated after an accident, can there be consequences?
The actual sentence for a fatal accident
Thus, if a person has committed a crime of moderate or minor gravity for the first time, he may, by a court decision, be released from criminal liability if reconciliation has occurred between the guilty and injured parties, and the harm caused has been compensated. In addition to the judge, this decision can be made by the investigator.
When driving a car or other vehicle while intoxicated, while violating established traffic rules or vehicle operating rules, which resulted in the death of people, the guilty person in this case must bear criminal liability in accordance with the Criminal Code of the Russian Federation.
Medved01 › Blog › Leaving the scene of an accident or parting ways by mutual agreement
1. The magistrate accepted the case in violation of the rules of jurisdiction.
In fact, an administrative investigation was carried out in the case under Art.
28.7 Code of Administrative Offenses of the Russian Federation. An administrative investigation is a complex of time-consuming procedural actions of officials authorized in accordance with Art. 28.3 of the Code of Administrative Offenses of the Russian Federation, draw up a protocol on an administrative offense aimed at clarifying all the circumstances of the administrative offense, recording them, legal qualifications and procedural registration. The administrative investigation consisted of real actions aimed at obtaining the necessary information about the circumstances of the offense and searching for the person suspected of committing the offense. Judges of district courts hear cases of administrative offenses specified in parts 1 and 2 of Article 23.1 of the Code of Administrative Offenses of the Russian Federation, in the case where an administrative investigation was carried out in the case (Article 28.7 of the Code of Administrative Offenses of the Russian Federation) or when the sanction of the article establishing liability for an administrative offense provides for the possibility of appointment punishment in the form of administrative expulsion from the Russian Federation (paragraph two of part 3 of article 23.1 of the Code of Administrative Offenses of the Russian Federation).
The administrative material was received by the magistrate in violation of the specified provisions of the Code of Administrative Offenses of the Russian Federation.
The magistrate was violating the rights of my client guaranteed to him:
Art.
47 of the Constitution No one can be deprived of the right to have his case considered in the court and by the judge to whose jurisdiction it is assigned by law. Art. 1.6 of the Code of Administrative Offenses of the Russian Federation A person brought to administrative responsibility cannot be subjected to administrative punishment and measures to ensure proceedings in a case of an administrative offense other than on the grounds and in the manner established by law.
There was a three-vehicle accident at the intersection.
These cars blocked the intersection, resulting in a large traffic jam. When there is a big traffic jam at an intersection, it is no longer clear who entered the intersection at what traffic light and who should give way to whom. This happened in our case too.
A girl in a Peugeot and my client in a VAZ 2114 collided at an intersection. It’s impossible to tell which of them approached him first, but my client was to the right of Peugeot, so the girl had to let him through. But I didn’t miss it because I was looking in the other direction.
Instead of looking to the right and letting my client pass, she looked to the left and looked at the accident, and her car was rolling at low speed and rolled into my client. They got out of the car.
Inspected the damage. My client decided to forgive this lady; because of a small scratch, he did not want to waste time filing an accident. By mutual agreement, we decided not to register and leave.
It happened on Friday. And on Tuesday the nuts came for my client and took him to court. Magistrate Natalya Andreevna Chekhmakina decided not to understand the circumstances of the case and deprived my client for 1 year. This is a common practice for judges if a person comes to court alone - without a lawyer. The defense attorney can even be indignant, make some motions, but the person doesn’t know anything, he can only hope that the court will sort it out. The court doesn't care about the person.
What are the consequences of an accident?
- A hit to the wheel during an accident, the consequences of which include insurance payments. The scheme involves driving on highways with heavy traffic, for this purpose a used foreign car is selected, and the victim is determined randomly, but is selected from average cars. There are also passengers in the cabin who help the driver persuade the “culprit” to pay.”
- A collision at pedestrian crossings, when it is possible to involve pedestrians (dummy individuals), in such cases the factor of crushing the feelings of the “culprit” is triggered, who immediately tries to settle the situation with the help of an insurance payment.
Group fraud entails both administrative and criminal liability. The “leader” of a group with decent experience faces up to 10 years in prison, according to the Civil Code of the Russian Federation. Penalties are also provided in large amounts - up to 1,000,000 rubles .
Separated after an accident, can there be consequences?
There is an accident, two people, by the will of fate, found each other and at the same time managed to crush each other’s cars, the culprit does not dispute the guilt, they amicably draw up paperwork on the spot to part ways. One is leaving. and the second one calls the traffic police. For someone who left - Leaving the scene of an accident and deprivation of rights.
The only correct answer is not to leave the scene of an accident, but since situations are different - we are all late for something (meeting a mother-in-law at the airport, seeing off a great-nephew to the army), we cannot always stay and patiently wait for the traffic police at the scene of an accident for 5 hours , poking around in his mobile phone.
How to leave after an accident
Strictly speaking, there are “anti-traffic” measures in the current version of the traffic rules. So, for example, if there are no injuries, and the drivers completely agree on the assessment of the circumstances of the incident, then, having filled out the necessary documents on the spot, they can drive up to the traffic police post or the appropriate department for further registration of the incident. Of course, in this case one of the drivers must admit guilt.
If previously the requirement to clear the roadway was made only in the event of a complete blockage of the passage, now, in the absence of injuries, the driver is obliged to do this if “the movement of other vehicles is obstructed.” Moreover, for failure to comply with this requirement, a fine of 1000 rubles is imposed. Naturally, before moving the car, you need to record all the circumstances, including using a photo or video camera.
Is it possible to use a car after an accident?
Unfortunately, no driver can be absolutely sure that he will not get into a traffic accident. In this regard, many of them have a question: is it possible to continue to use the car after an accident, and what could be the consequences of such use?
- Draw up a diagram of a traffic accident.
- Take pictures of the accident scene.
- Notify the insurance company about the incident, since damage caused as a result of the collision is subject to compensation under the MTPL insurance contract.
- If the motorist does not want to do this on his own, he can invite a police officer and a commissioner to the scene of the incident.
New rules for registration of road accidents 2019
- Information about the drivers and vehicles involved in the accident;
- explanations of participants and witnesses of the accident;
- list of damage to vehicles during road accidents;
- a report indicating additional information that may be important for clarifying the circumstances of the accident and making a decision on the case;
- all participants in an accident must be issued a certificate of participation in an accident, regardless of guilt;
- if an administrative offense has taken place, proceedings on an administrative offense are initiated (a ruling is made or a protocol is drawn up);
- in some cases, a decision on an administrative violation may be immediately issued.
We recommend that you always have this leaflet in your glove compartment, since in the event of an accident a person is usually in a state of shock and cannot always act adequately. Meanwhile, incorrect testimony of participants in an accident, failure to fill out the necessary documents, etc. nuances can greatly affect the consequences of an accident. New rules for reporting road accidents came into force in 2015.
From the scene of an accident without a receipt(
As a result of the accident, my car received minor damage (small paint chips and a slight distortion of the gas tank flap), the second car received more serious damage (a broken headlight, dented rear bumper, distorted trunk door, dented rear fender).
Today I became involved in an accident. The accident occurred in a parking lot near the district traffic police. The cars were parked on two sides of the same road, at an angle to the curb. My car and the car of the second participant in the accident were parked with the front bumper to the curb so that I had to reverse onto the road. I started to drive away from the parking spot, making sure that the road was clear. When I was almost finishing my maneuver (reversing), the car of the second participant in the accident (parked opposite) began its maneuver. There was a collision. Impact areas: I have the right side of the rear bumper, the second participant in the accident has the right rear headlight.
Leaving the scene of an accident is a punishment in 2019
For leaving the scene of an accident, punishment is provided for in Article 12.27 of the Code of Administrative Offenses of the Russian Federation. The second part of this article describes in detail what happens when, in a state of shock or on purpose, a driver leaves the scene of an accident. If you leave the scene of an accident, the driver may be subject to one of the following penalties in 2019:
It is not considered a crime punishable under Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, when a vehicle responsible for or involved in an accident is removed from the road in order to clear the roadway for traffic flow, but the driver himself remains in place. Before removing a car, its location must be described in a document or recorded in any other way. It is undesirable to move when there are no eyewitnesses to the accident, and also when the drivers have disagreements regarding the guilt and causes of the accident.
Separated after an accident, can there be consequences?
— The city can fine you. This has happened before. Let's talk not about what they can be fined for, but about what responsibility is assigned to pedestrians. A pedestrian, when moving along the edge of the roadway at night, must identify himself with reflective elements. The rules do not say where - in the city, in the countryside, in the regional center or in the village. This requirement has not changed at all. As it was before February 23, it remains so. The only thing is that the liability for this violation has increased. They can be fined from one basic to three (from 35 to 105 thousand rubles - Ed.), - Senior Inspector for Special Instructions of the State Traffic Inspectorate of the Ministry of Internal Affairs Alexander Zanemon explained to KP.
— the circumstances of harm caused in connection with damage to property as a result of an accident, the nature and list of visible damage to the vehicle do not cause disagreement among the participants in the accident and are recorded in the notifications of the accident, the forms of which are filled out by the persons driving the vehicle in accordance with these Regulations;
Separated after an accident, can there be consequences?
“If they call us, we will go.” And if they don’t call us, we won’t go. If traffic police officers drive past an accident in which the drivers themselves negotiate, they can stop in order to establish how they negotiate, how they assess the damage, explained Alexander Zanemon.
— There is Presidential Decree No. 519, which amends the regulations on insurance activities. It will start working on July 1. And in the event of an accident, the driver has the right not to report it to the traffic police,” explained Alexander Zanemon. — But the simultaneous presence of the following seven circumstances is mandatory:
After the accident we parted ways
It so happened that after the accident, neither I nor the person responsible for the accident had the opportunity to wait for the traffic police and parted ways with the agreement to go to the traffic police and register the accident in the near future. An accident plan has been drawn up, the culprit does not deny his guilt. What surprises could there be? Not a single person was injured in the accident.
No, unfortunately, payment cannot be avoided Article 14. The right of recourse of the insurer against the person who caused the harm 1. The insurer who paid the insurance compensation passes the right of claim of the victim against the person who caused the harm in the amount of the insurance payment made to the victim, if: ) the specified person, in the case of registration of documents about a road traffic accident without the participation of authorized police officers, did not send to the insurer that insured his civil liability a copy of the notification form of a road traffic accident completed together with the victim within five working days from the date of the road traffic accident incidents; h) before the expiration of 15 calendar days, with the exception of non-working holidays, from the date of the road traffic accident, the specified person, in the case of drawing up documents about the road traffic accident without the participation of authorized police officers, began to repair or dispose of the vehicle in which he was using damage was caused and (or) did not present the vehicle at the insurer’s request for inspection and (or) independent technical expertise;
Hiding will show
Leaving the scene of an accident, even by mutual consent with another participant in the incident, is fraught with deprivation of rights. Oddly enough, even if the other side has no claims against you, they remain with the state.
Here's a concrete example. A certain Dmitry Oleinik was leaving the yard in his Toyota Auris. Something bad happened to him: he hit a Subaru Forester. The contact was insignificant: literally the corner of the bumper struck the corner of another bumper. Dmitry, together with the owner of the Subaru, examined the damage, which was difficult even to detect with the naked eye. After making sure that there was nothing wrong, they decided to leave. Dmitry did not deny his guilt, but he was in a hurry - his child had a birthday, and he needed to buy gifts. Both drivers decided that it was not worth bothering the traffic police because of such trifles. But there were no insurance forms for notifications of road accidents at hand. Therefore, they drew up a diagram of the accident on a piece of paper, Dmitry wrote a receipt that he had no claims against the Subaru driver, left his coordinates and passport details and went about his business.
However, the Subaru driver, whose car was insured under CASCO, decided to contact his insurer just in case. He insisted on calling the traffic police, otherwise it’s not even worth claiming to pay for the repair of this damage under CASCO. Three hours later, representatives of the traffic police arrived at the scene. Not finding the culprit, they opened an administrative case against him as having left the scene of an accident. And for this, the Code of Administrative Offenses provides for liability: deprivation of rights for a year and a half or administrative arrest. And this decision is made by the court.
Dmitry explained that if he wanted to hide, he would not leave coordinates, passport details and insurance policy. In addition, the second participant in the accident stated that he had no complaints, but. claims remained with the state.
As the Department of Road Safety of the Ministry of Internal Affairs of Russia explained to RG, the rules provide for three action scenarios for an accident without injuries. Call traffic police officers to the scene of the accident and report the accident. Fix the position of the vehicles on the diagram yourself and drive up to the nearest post to register the incident. The third option is to act in accordance with the law and MTPL rules. And they allow you to do without the traffic police only if a fairly large number of conditions are met: if only two cars were involved in the accident, if both of them are insured under compulsory motor liability insurance, if no people were injured, if both participants in the accident have no disagreements in the circumstances of the incident, if the amount of damage does not exceed 25 thousand rubles. And now the most important point: both participants must fill out a notification of an accident and sign under it. Only after this, the participants in the accident, each with their own copy, can leave and no one can make claims against them that they left the scene of the accident.
This is the case that in insurance is called a simplified payment system (Europrotocol). Unfortunately, it is not often used. Firstly, consent from drivers is a rather rare case, and secondly, there is not always confidence that repairs will cost less than 25 thousand rubles. But CASCO does not provide for such a system at all, so such insured persons have no alternative at all except for the registration of an accident by a traffic inspector.
It must be said that, despite the existence of compulsory motor liability insurance, in case of minor damage, many drivers strive to sort it out, as they say, on the spot. That is, to pay in order, on the one hand, not to waste time, but on the other hand, when applying for a new compulsory insurance policy, you will have to pay one and a half times more, taking into account the coefficient of 1.5.
However, such an on-the-spot calculation may threaten that your car will be put on the wanted list, and even if you have a receipt from the second participant in your hands that he has no claims against you, this story may definitely end for you - with deprivation of your rights.
This is exactly how it ended for Dmitry. The court of second instance confirmed the decision of the magistrate, and Dmitry lost his rights for one year.
Human rights activists believe that this is a rather severe punishment for a seemingly violation, which can hardly be called a violation. This is the very case when the spirit of the law is replaced by its letter. The leader of the “Freedom of Choice” movement of motorists, Vyacheslav Lysakov, proposes to rewrite regulations in such a way as to give insurance companies the right to decide who is considered to have left the scene of an accident.
However, this solution is unlikely to satisfy everyone.
How to leave after an accident
From July 1, traffic rules against “emergency” traffic jams come into force
Two cars cracked, the damage was 5 thousand rubles, but the traffic jam goes beyond the horizon. Sound familiar? Standing for many hours waiting for the traffic police crew is sometimes absurd, but from July 1, traffic regulations will give drivers a little more freedom in dealing with the consequences of an accident.
As it was
Strictly speaking, there are “anti-traffic” measures in the current version of the traffic rules. So, for example, if there are no injuries, and the drivers completely agree on the assessment of the circumstances of the incident, then, having filled out the necessary documents on the spot, they can drive up to the traffic police post or the appropriate department for further registration of the incident. Of course, in this case one of the drivers must admit guilt.
We emphasize: in this case we are not talking about registering an incident without the traffic police at all, it’s just that traffic regulations allow you not to call employees to the scene.
In addition, since 2008, a so-called Euro protocol scheme has been in effect, under which drivers can directly contact the insurance company if their cars are insured under compulsory motor liability insurance and the damage does not exceed 50 thousand rubles. The conditions in this case are the same as in the previous paragraph (two cars, no disagreements and no injuries). The stumbling block is usually the assessment of the amount of damage “by eye”.
Finally, since 2011, a clause has been added to the traffic rules, which, in the event of any accident, including accidents with injuries and deaths, obliges drivers to remove the vehicle if it completely blocks the passage. It is first necessary to draw up a diagram in the presence of witnesses, and also take measures to organize a detour and preserve “evidence” (for example, glass debris, etc.). Well, in extreme cases, the driver involved in an accident is allowed to transport victims in his car to a medical facility, but only on the condition that this cannot be done in any other way. Then, of course, you need to go back.
Pick up and go
Let’s make a reservation right away: in the new edition of the traffic rules, there is still no permission to leave the scene of an accident without authorization. However, an important clause has appeared that allows drivers to do without paperwork and calling the traffic police if only their property is damaged and they somehow resolved the issue among themselves (agreed on compensation or forgave each other).
It’s paradoxical, but earlier, even if the damage was minimal or the participants resolved the issue on their own, registration of an accident in one way or another was still required. This created a certain tension: say, someone else's car shuffled past you in the parking lot, but you were in a hurry, so you exchanged phone numbers and decided to meet another day to sort out the details. However, the culprit contacted the traffic police and accused you of leaving the scene of an accident, for which the Code of Administrative Offenses provides for deprivation of rights for a year and a half or arrest. Moreover, a traffic accident is considered to be, for example, damage to the suspension in a pothole, and purely theoretically, you can lose your license even for “escaping” from such an accident scene (there have been precedents when drivers “reported” on themselves, demanding payments from road workers) .
Accordingly, now, if you do not need documents for insurance companies or certificates from the traffic police, and the second participant fully agrees with the terms of further conflict resolution, you can give each other the appropriate receipts and go about your business.
The power of video
In the old version of the traffic rules, the main emphasis was on witnesses, but the July version shifts the emphasis in favor of photo and video recording of the scene of the incident. In all cases when the driver is allowed to move the vehicle after an accident, he is obliged to “preliminarily record, including by means of photography or video recording, the position of the vehicles in relation to each other and road infrastructure, traces and objects related to the incident, damage to vehicles funds."
In principle, it is advisable to conduct video recording in case of any accident, even if it required calling the traffic police. Very often, during the process of analyzing an incident, which can last for a year or more, unexpected questions arise, and photo and video shooting in such cases is irreplaceable.
What needs to be recorded?
- The general position of vehicles from different angles, so that their disposition relative to static objects is visible: houses, poles, road signs.
- Damage to vehicles.
- Brake marks, glass debris, other fragments of damaged cars.
- Condition of the road surface (snow, ice).
- Visibility of signs and markings: “blind” signs in the bushes, half-erased solid line.
- Any other significant details.
Clear the roadway
If previously the requirement to clear the roadway was made only in the event of a complete blockage of the passage, now, in the absence of injuries, the driver is obliged to do this if “the movement of other vehicles is obstructed.” Moreover, for failure to comply with this requirement, a fine of 1000 rubles is imposed. Naturally, before moving the car, you need to record all the circumstances, including using a photo or video camera.
The main problem is the criterion of “obstructing other vehicles.” Strictly speaking, in any accident that does not occur in an open field, we are somehow disturbing someone. In this case, there is obvious interference leading to the formation of traffic jams, but it is unlikely that many drivers come to use this point, especially in case of an accident with significant damage.
If there is any disagreement
Most often, participants in road accidents do not agree on their assessment of their guilt. Sometimes it reaches the point of absurdity: the driver drove into a car that had slowed down in front of a pedestrian crossing, but until the last moment he will bang his head against the wall that the car in front braked too sharply and generally inadequately. Not everyone has the ability to admit guilt, and there is plenty of pettiness in such matters.
Then it is mandatory to report the incident to the police, but the new traffic rules have an interesting addition: a traffic police officer, after listening to oral explanations over the phone, can allow drivers to record the details of the accident on their own and come to the post or traffic police department for registration.
In this case, the decision about the need to wait for the crew is left to the dispatch service employees, and this makes sense. Why did drivers rarely decide to file minor accidents on their own? It’s not even that they don’t know how to draw diagrams - for such needs you can call an insurance commissioner, who sometimes comes as a free “addendum” to the insurance. People are rather afraid of having to take responsibility for a decision. Now it will be entrusted to the traffic police officer, which will probably clear the cities of absolutely ridiculous accidents: for the sake of a crack on the bumper, the traffic police crew waited until half past four in the morning.
To register or not?
For those who are ready to wait until they are blue in the face for traffic police officers, it is worth keeping in mind that any accident due to your fault, resulting in payments under compulsory motor liability insurance, increases the cost of insurance for the next year.
For example, an experienced Muscovite gets into an accident due to his own fault in a Ford Focus. If the minimum price of compulsory motor liability insurance at the first conclusion of the contract (class 3) for him was 8.2 thousand rubles, then after a single accident the next year he will receive a bill of at least 12.8 thousand rubles. If after this he gets into another accident, he will have to pay over 20 thousand rubles for insurance. The same logic can be applied to CASCO insurance, for example, sometimes a payment of 10-15 thousand rubles increases the cost of future insurance, plus or minus, by the same amount. All this means that there is simply no point in bothering with the meticulous registration of minor incidents - it’s easier to pay on the spot.