Is it considered an accident if there is no collision?

Here is how it was. The first flew into oncoming traffic, the second, walking in his lane to avoid a collision, flew into a ditch. They called the traffic police, processed it, there was a trial, where the culprit was found to be the person who flew into the traffic collision. After contacting the insurance company of the culprit, a refusal to pay was issued. Motivating that, according to paragraph 6 of the Rules, “A road 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.” There is also a continuation there. The provisions of these Rules regulating the behavior of participants in a road accident also apply in cases of harm to victims when using a vehicle in areas adjacent to roads. Do I understand correctly that despite the insurance company’s refusal, I can make a claim to the insurance company? or still to the culprit of the accident? There is one more point. THE CAR IS NOW SOLD.

Tell me, please, what should I do?

To the insurance company, the culprit is made co-defendant.

The guilt of both is unclear.
Roman, please explain.

If I leave the windshield and fly into a ditch, where is my fault?

Roman, you are again rushing to conclusions. :sm23:

The traffic police have already established guilt in this accident , what are you making up?

I speak purely from experience.
I spent more than one year with the insurance company, and in such cases the issue was never resolved in such a way that they did not recover from the insurance company.
They always demand.
For judges, it’s like in a dispute with needs - the needs side is always right. and you need to try very hard so that they don’t collect from the insurance company.

In my practice, there was a situation when a Kamaz truck driver got into a pothole with his wheel at the border.
The question is, at what point did the locking pin on the tractor break?
remained controversial, but the insurance company had to compensate for the damage caused by the falling of boards onto a nearby car. The court decided so. Although, it doesn’t seem like an accident, if you look at it from the other side, the border guards told him the idiot (the driver of the car) - now the trucks are coming, stop in another place. as the bastards sensed.

Non-contact accident

Often, in a non-contact accident, the injured party is forced to independently compensate for the damage caused to the car, or even pay compensation to other participants in the incident. However, it is still possible to hold the culprit accountable. But how to find a hidden intruder? What actions to take and where to go? All answers are in this article.

Definition of a non-contact accident

The name of the incident indicates its main feature - the absence of contact between the cars of the participants in the traffic accident. This condition is typical for traffic violations, when one of the parties creates an emergency situation and forces other drivers to take uncharacteristic actions.

A non-contact accident is possible if a motorist neglects the rules of safe maneuvering and cuts off other road users. To avoid a collision, the injured party is forced to quickly make a decision: abruptly change direction, brake or accelerate. Such maneuvers often end with the driver crashing into various obstacles (another car, a fence, a tree or a pole).

The sudden appearance of a pedestrian on the roadway or the fall of cargo from another vehicle can be considered a special type of non-contact road accident. In such a situation, the driver will inevitably try to avoid a collision by resorting to sudden maneuvers that can cause an accident.

What to do first if there was no touch

If the guilty party did not flee the scene of the incident, the victim must write down the license plate number of his car and take a photo of the culprit. You can try to make a video of a conversation with a traffic violator. Even if he denies guilt, his words can be used against him in the proceedings.
After the traffic police arrive, the driver must inform the inspectors of the culprit’s known details (car make, license plate number). If a motorist expects compensation for damage, the car should not be removed from the roadway. For such inaction, the victim will receive a fine of 1,000 rubles, but will be able to collect all the necessary evidence.
The second step is interviewing witnesses to the accident. The victim should first talk to other drivers and ask if they have dashcam footage of the accident. If the culprit fled the scene, video materials will help find him and bring him to justice.
As with any accident, it is necessary to fulfill the necessary requirements for an accident: turn on the hazard lights, set up a warning triangle. If there are injured passengers, drivers or pedestrians, call an ambulance.
Next, you need to call the police. It is important to note that in this situation it is impossible to draw up a European protocol. Also, at this stage, there is no need for police officers to say that the accident was non-contact.
The next step is to collect additional materials confirming the victim’s innocence. If the accident occurred near buildings, you need to inspect them for the presence of video cameras directed towards the scene of the accident. It is important to contact the management of the organization or the building security guard and ask to save the video.
Often, due to stress, the culprit is confused in his own testimony. The victim must remain calm and take all precautions. Self-control will help repair the damage caused.

If the guilty party is not present at the scene of the traffic accident, it is important to ask everyone present if they remember the license plate number of the culprit’s car and whether they can testify to the traffic police inspector. You may have to financially reward the witnesses, but this will pay off if the court decides in favor of the victim.

When did the traffic police arrive?

After the inspectors arrive, the culprit must give them an oral explanation.

When describing the moment of the collision, it is important to indicate that the other participant in the movement acted unpredictably and violated the established rules.
Explanations must be stated in writing firmly and decisively, without using uncertain phrases “I didn’t see him,” “it seemed to me,” and others.
It is important not to use vague language, speak confidently and not admit guilt.
It is necessary to emphasize that the victim was driving at the speed limit for this section of the road (it is advisable to indicate the exact value) in accordance with the traffic rules.
The next step is to ask the inspectors to record all eyewitnesses. In case of refusal, the victim has the right to write a free-form petition. The traffic police officer is obliged to accept it or respond with a justified refusal in writing.

In a similar way, a written request is drawn up to survey organizations that are administrators of nearby buildings about the availability of video materials of the accident. If such buildings are discovered earlier, you need to indicate their address in the text.

When traffic police officers arrive, the main task is to avoid imputation of violations and document that you do not become the culprit of an accident. However, if the employees nevertheless issued such a verdict, it can be appealed in the future.

If 10.1 of the Rules is charged

What does clause 10.1 of the traffic rules mean ? The driver must drive the vehicle at a speed not exceeding the established limit, taking into account the intensity of traffic, the characteristics and condition of the vehicle and cargo, road and meteorological conditions, in particular visibility in the direction of travel. The speed must provide the driver with the ability to constantly control the movement of the vehicle to comply with the requirements of the Rules. If a traffic hazard arises that the driver is able to detect, he must take possible measures to reduce the speed until the vehicle stops.

Often, inspectors try to hold the victim accountable for violating clause 10.1 of the rules. The traffic police officers motivate their decision by the fact that the driver is obliged to move at a low speed, at which the driver can stop the vehicle in advance in case of danger.

It is absolutely impossible to agree with the accusation, although the accusation on this point is quite justified on the part of the inspectors. In the protocol, it is necessary to express disagreement with the alleged violation and request the assistance of a lawyer (defender). The main task is to ensure that the perpetrator of the incident is brought to justice.

If a non-contact accident occurred as a result of your maneuver

Many auto lawyers are of the opinion that when a danger is detected, the traffic rules (clause 10.1) oblige the driver to brake and not perform any maneuvers. Despite the fact that judicial practice is largely inclined towards this statement, it cannot be called absolutely true.

Some judges support the opinion that clause 10.1 regulates the taking of measures when the driver detects a danger, but does not prohibit maneuvering. The motorist can independently familiarize himself with the text of the paragraph and make his own decision regarding this issue.

During the trial, for the purpose of defense, you can resort to Article 2.7 of the Code of Administrative Offenses. The law states that a violation is not recognized if it was committed involuntarily in order to prevent more dangerous consequences. The main difficulty in a non-contact accident is to prove that the consequences of a collision with the culprit’s car would have been more serious than if the driver had refused to maneuver.

Thus, the Code of Administrative Offenses will not help the driver if, while avoiding a collision, he hit a minor pedestrian. In this situation, the consequences of the accident would most likely be less dire. The maneuvering driver is found guilty.

It is important to know: the culprit of an accident is the person whose actions led to the incident. In court, cases are often resolved by answering the question: “The absence of traffic violations on the part of which participant and with what probability could have prevented the accident?”

If the traffic police officer issued a resolution only in relation to the injured party, you can appeal it and get the court to recognize mutual guilt. Inspectors do not have the authority to determine fault in an accident. As practice shows, when one of the participants receives a resolution, the other party may demand compensation from the insurance company under the MTPL policy.

Thus, an alleged violation of the rules can be appealed and justice can be achieved in court. As a result of the investigation, guilt will be established mutually or all responsibility will be transferred to the person responsible for the accident.

Actions of the victim to quickly receive payments

The decisiveness and speed of the injured party will allow him to receive compensation in an expedited manner. It is important to pay attention to the following series of points:

Prove that the actions taken were necessary to prevent the accident. This action will help avoid claims of mutual guilt of the parties.
Carefully fill out documents and immediately collect evidence to identify the guilty participant and receive compensation payments.
Promptly provide the car to the insurance company for inspection.

If the amount of damage exceeds the maximum amount of insurance payments, the missing amount can be demanded from the culprit. To do this, you must file a lawsuit in court.

The insurer may refuse to transfer money, citing traffic rules that oblige the driver to stop when a danger occurs. As a refutation, other points can be cited that state that the driver must act depending on the specifics of the situation.

European protocol for non-contact road accidents?

In case of a non-contact accident, it is impossible to draw up a European protocol, since it involves a collision of two cars. During the accident in question, there was no contact between the vehicles involved.

Payments under compulsory motor liability insurance in case of a non-contact accident

When purchasing a compulsory insurance policy, motorists cannot change the list of insured events. Thus, when recording an incident in a non-contact accident, it is necessary to pay attention to the following features:

The guilt must be established (one driver or several);
The identity of the guilty participant must be known (the search for the escaped participant is entrusted to employees of the Ministry of Internal Affairs, but the victim can provide any evidence or information);
A cause-and-effect relationship has been established between the actions of the guilty party and the consequences that have occurred.

All evidence and evidence of guilt must be collected immediately after the accident. Obtaining insurance under the MTPL policy will take place in accordance with the general rules.

The victim can go to court if representatives of the insurance company unlawfully refuse to pay. Also, the judicial practice of the last two years has proven that if compensation is incomplete from the insurance company, the remaining funds can be demanded from the culprit.

Payments under CASCO

If there is a voluntary insurance policy, participants independently make decisions regarding insured events for which damage will be compensated. Under a CASCO policy, compensation cannot be obtained in case of damage to a car due to theft. If this risk is included in the insurance list, the motorist can contact the insurance company to receive monetary compensation.

Arbitrage practice

In the event of an unlawful refusal to provide compensation by the insurer, the injured party can collect all evidence of the organization’s client’s guilt and contact law enforcement agencies. According to judicial practice, the result of such actions can be very different.

The outcome of the proceedings may be either an admission of guilt on both sides or full satisfaction of the claim filed by the victim. In order for the court to hold only the culprit of the traffic accident accountable, it is necessary to prove a direct connection between the damage caused and his illegal actions.

Often victims win their case with the help of a professional lawyer. You should not overestimate your strength, since during a court case it is very important to correctly provide all the evidence.

Conclusion

A no-touch accident requires the presence of a party whose actions led to the accident. If the culprit fled the scene, you must immediately begin collecting information and evidence. After the arrival of the traffic police officers, the injured party should not admit guilt, but give clear, detailed answers.

This type of accident does not provide direct compensation for damage. The victim must independently contact the offender’s insurance company. Indeed, in the event of a non-contact accident, it is quite difficult to obtain compensation. However, if there is evidence and a competent approach, the injured party can still go to court and win the case.

No collision - no payout?

Danger No. 1: Who is to blame?

One of the most common cases of refusal to pay the insurance amount under a compulsory motor liability insurance policy is failure to touch two vehicles . Insurers explain the rejection of claims for damage compensation by the difficulty of proving a cause-and-effect relationship between the damage itself and the actions of one of the parties. Can I get money from the insurance company or will I have to restore the car at my own expense? Here are examples of typical situations:

A car ahead of you in your lane suddenly begins to brake sharply.
You are being cut off.
A car moves from the oncoming lane into yours.

To avoid a collision, you make a maneuver (into an adjacent lane, oncoming traffic, or into a ditch), and the car is damaged by a bumper, ditch, curb, etc.

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You did not have time to see or write down the license plate number of the car that became an obstacle to traffic. The second driver fled the scene or categorically denies his own guilt.

Advice : look for witnesses. Insist on the existence of claims against the culprit of the incident, even if his identity is not established.

Danger No. 2: they don’t give you a certificate

The traffic police officers who arrived at the scene of the incident refused to issue a certificate, citing the lack of contact between the two moving vehicles.

Advice : insist on obtaining a certificate. Without it, contacting the insurer is pointless.

What does the law say?

Let us turn to a number of legislative acts that guide both traffic police officers and insurers:

The traffic rules state (clause 10.1): “If a traffic hazard arises that the driver is able to detect, he must take possible measures to reduce the speed until the vehicle stops .

This should be understood straightforwardly: maneuvers in adjacent lanes and ditches are not provided (this is how insurers interpret it), but they are not prohibited either. However, if while maneuvering you hit a third vehicle, then you yourself become the culprit of the accident.

of an accident is also given there (clause 1.2): this is an event that occurs with the participation of a vehicle during its movement, as a result of which any material damage or people are injured (even incompatible with life). As you can see, there is not a word about a direct collision of a vehicle. The law on compulsory motor liability insurance also does not indicate the need for a collision.

The Insurance Rules speak of the insured's obligation to take care to mitigate damage. That is, if the driver had the opportunity to minimize losses, but did not do so, then this is a violation of the Rules. The maneuvering we are considering is nothing more than a reasonable step to minimize losses. It goes without saying that you should not interfere with the movement of other cars. By the way, the concept of “creating an emergency” is absent in modern traffic regulations.

Let's turn to the Civil Code of the Russian Federation. Articles 15 and 1064 state that damage caused to property and/or human health must be compensated in full by the direct culprit.

The insurer refused to pay under compulsory motor liability insurance: what to do?

In the event of an accident without a collision, it is extremely difficult to independently resolve the issue of compensation for damage under the MTPL policy directly with the insurer. For help, it is best to contact an insurance lawyer who will help you draw up the paperwork so that you can count on compensation. As already mentioned, the main difficulty lies in proving the existence of a cause-and-effect relationship between the existing damage and the actions of the second party. This requires an automotive technical examination - insist on having it carried out. The result of this assessment should be a verdict on the inevitability of a collision and no less losses. In addition, the same examination will prove that it was not the policyholder himself who independently caused the damage to his car.

To determine the illegality of the actions of the other party, it is necessary to refer to the traffic rules and determine the norms that were violated. Recorded in the Resolution on an administrative offense, they will become sufficient evidence of the guilt of the road user. Damage due to a road accident without a collision can be compensated under compulsory motor liability insurance even if the second party denies his guilt.

Accident without collision. Help me to understand!!((

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Accident without collision. Help me to understand!!((

Good day to all.
Guys, please help anyone who has encountered an accident in which there was no collision. The situation is banal:
Two lanes, those from Novokuznetsk on the Nogradskaya-Pavlovsky ring, I go along the right lane to the ring, i.e. driving straight, the driver in the left lane begins to maneuver to the right. Without making sure that he is not being missed, he continues the maneuver, i.e. hit me in the wing, accordingly the steering wheel turned to the right and hit a curb, about 50 cm, speed 50-60 km/h, the bottom of the car was shattered. The culprit, thank God there are such people, did not leave the scene of the accident, he did not have any injuries, the traffic police said that the accident did not happen, because... This is just a collision with an obstacle on my part. Accordingly, I don’t agree at all, we go to the traffic police, the driver of the second car pleads guilty that I avoided the collision, which led to the collision. He was given a fine of 100 rubles, they told me that the insurance company would not pay anything, I don’t have to try, but I still believe in myself, after all, the damage to the car is 40 thousand rubles. which do not lie on the road. I won’t go to the insurance company until tomorrow, but I already want to be 100% ready. There is nothing particularly relevant to the case on the Internet, so hope is on you.

z.y. I will unsubscribe as problems arise and are resolved.

There's nothing particularly relevant on the Internet,

It is clearly stated on the Internet and in the traffic rules that in such cases you were obliged to simply press the brake pedal.
p.s. it was necessary to substitute the wing.

Accident without touching: there was no contact, the culprit disappeared - what to do and who is to blame?

A non-contact traffic accident always ends for car owners with car repairs at their own expense. Let's figure out whether it is so difficult to identify the culprit, what difficulties arise in proving the search and guilt of the escaped culprit of an accident. Let's find out where to go, how to compensate for damage and what judicial practice says.

What is the complexity of a non-contact accident?

The most popular schemes for road accidents without the victim’s car touching the culprit:

The pedestrian entered the roadway in the wrong place, and the car, in order not to hit him, collided with another car. The pedestrian walked away, and the driver was found to be at fault.
The driver cut off another car without touching it, which skidded and crashed into a pole.
One car suddenly changed lanes into the adjacent lane, the other, moving away from it, also moved into another lane, colliding with another car.
When driving through the intersection in the forward direction, another car turning left from the oncoming lane blocked your traffic. You, avoiding an accident, crashed into another car, and the culprit disappeared.

To solve problems in such accidents, three types of difficulties arise:

The real culprit usually disappears from the scene of the accident, and finding him is not so easy. The investigation and search could take up to two months.
Even if the culprit is on the spot, the courts most often shift the blame onto you, referring to traffic rules clause 10.1, which talks about the wrong speed.
Insurers often refuse compensation for repairs, hoping that the court will find you guilty, despite the fact that the traffic police believes otherwise.

Many sources on the Internet say that you should not expect compensation for damages in a no-touch accident. This is a wrong position; you can completely defend your innocence and get money.

What to do in the event of a non-contact accident

First, let's figure out what to do if a no-touch traffic accident occurs, regardless of other circumstances.

Turn on the hazard warning lights, install a triangular accident sign and, if there are victims, call an ambulance.
Try to find eyewitnesses to the incident, preferably with video recorders. This will serve as evidence if the culprit has left.
Call the traffic police. Tell them about the missing culprit: his car number, signs. However, it should not be said that the accident was non-contact.
Do not move your vehicle off the road. If there are no victims, then the car needs to be removed, but then you will lose evidence and compensation for damage.
Look nearby for video cameras that are installed on buildings, even if they are not pointed in your direction. Many cameras have a wide viewing angle. Visit a building with a camera and ask people to save the footage.
If the culprit has not escaped, write down the license plate number of his car and take a photograph of the driver. Talk to him while recording the incident. You need to collect more evidence of his guilt, which will help in court.
If the culprit has left, talk to the people around you, maybe someone remembers his car number. Talk to him so that the person waits for the traffic police to arrive to fill out the testimony.

What to do when the traffic police arrive

Follow this procedure:

First, you will be required to provide a written explanation of what happened. Do not admit your guilt without understanding it. Indicate all the facts clearly that you were not speeding and did not violate anything. Write that you could not foresee the situation, since the culprit behaved inappropriately.
Ask the inspector to record witness statements. If they refuse to testify, then submit a written petition to the traffic police officer to involve eyewitnesses, indicating their names. The inspector must accept or refuse it in writing.
Submit a written request to inspect nearby buildings to seize video recordings of the accident.

Your main goal should be to avoid being held responsible for a traffic accident. If this happens, you can appeal it later, but it is better to do it right away. Typically, employees refer to paragraph 10.1 of the traffic rules on choosing the optimal speed to prevent an accident.

If the traffic police indicates paragraph 10.1 of the traffic rules

Under any circumstances, do not agree to this clause. You need to write in the protocol that you don’t agree with the violation and you need the help of a lawyer. You need to ensure that the other participant in the accident is also issued a violation order. This will make it easier to appeal.

Clause 10.1 of the Rules determines that the driver must choose the speed of the car so that an accident can be prevented. Therefore you need:

In your explanation, set out the circumstances regarding the violations by the other driver, explain that you did not have the opportunity to act differently because of the second driver.
Indicate that you were moving at the permissible speed, did not break any rules, and took into account the weather and traffic situation.

If the accident happened because of you

Automotive lawyers always say that in case of danger on the road, the Rules require only a stop, and not a maneuver, as stated in paragraph 10.1 of the traffic rules. Court practice in 2019 also tends towards this, but this is not always justified.

The above paragraph requires that measures be taken in the event of a danger detected by the driver. But maneuvers are not prohibited, as the judicial authorities indicate in their decisions.

In this case, you need to take into account Article 2.7 of the Code of Administrative Offenses. It determines that an action will not be a violation if it was committed to prevent an accident, but only when the consequences would be more serious than those allowed. However, there is one complication of the situation. If the consequences are not allowed, then it is difficult to prove that they would have been much worse if you had not performed this maneuver. But this can be proven by forensic examination.

But such a recommendation is unlikely to help if the driver, turning away from an accident, drove into the oncoming lane and then hit a person on the pedestrian path. In this case, the consequences of the prevented accident are less than those actually caused. Therefore, in any case, the driver who performed the maneuver will be to blame. Fault in an accident is determined not by the violation of a particular driver, but by whose violation led to the accident.

If the traffic police inspector drew up a decision against you, but at the same time did not notice the violations of another driver, this must be appealed. Surely the court will determine mutual guilt and assign each participant an individual degree of guilt in a non-contact accident. It is important to know that the traffic police inspector does not determine fault in an accident. It is known from practice that if one driver is issued a violation, then the other participant can apply to the insurer for compensation for damage under the MTPL policy, and the money can be paid. Only the court can determine guilt.

Therefore, the order issued to you can be appealed, and the court will determine the guilt of each participant in the accident without touching it.

How to apply for an MTPL policy

Regardless of the type of violation, any participant can apply to the insurer for compensation for damage. But the insurance company may refuse, citing the fact that the accident occurred without touching. The insurer will check whether there is actually an insured event, since the accident was the fault of a participant with whom you did not collide.

In this situation, you need to act as follows:

First, you need to order an independent examination to detect damage to the car in order to determine the amount of damage for the claim.
Then you need to file a pre-trial claim with the insurance company demanding payment of compensation for damage. It must describe how the accident occurred and what you want to get.
If the insurer refuses you, then you can further file a claim in court.

Which insurer to contact

To file a claim with your insurance company, the following conditions specified in Federal Law 40, Article 14.1, paragraph 1 must be met:

There are no casualties in a no-touch accident.
More than two vehicles collided in an accident.

In the second condition, not everything is immediately clear. The law describes a collision that involves two vehicles. If two drivers were involved in an accident, but only one car was damaged, then this condition does not apply.

The situation turns out to be paradoxical in the sense that if the other driver did not give way to you, and you crashed into another car, then there are already three participants. But only two cars collided with each other, and direct compensation for damage is suitable for you. Therefore, you only need to submit an application to your insurer.

You also need to take into account that filing a claim with your insurer is not your opportunity, but your obligation. If the two conditions discussed above are met, you do not have the right to contact your insurance company, but are obligated only to contact this company. Otherwise, you will have to file a claim with the insurer that issued the MTPL policy to the culprit.

Is it possible to draw up a European protocol?

In this case, the European protocol is not suitable. It is issued if two cars collide. And in your case, there is damage and contact on only one vehicle.

Lawyer for non-contact accidents

The services of a defender are not cheap, so there is no point in using his help. But you will need a representative. Often in civil proceedings, the plaintiff's interests can be represented by representatives who are not lawyers, compared to criminal cases.

A qualified auto lawyer will examine the circumstances before starting work. If the court accepts your side, then you will be paid all the costs associated with the services of a car lawyer.