They took down the mirror and left, what should we do?
He hit the car mirror with his mirror and drove off.
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One of the most important conditions after an accident is to leave the car at the scene of the accident and not move it anywhere until the traffic police arrive. Even if the car interferes with traffic, you cannot touch it. Otherwise, your action will be considered as leaving the scene of an accident.
Previously (until July 2015), it was forbidden to leave the scene of an accident even in case of emergency. On September 6, 2014, the Government of the Russian Federation adopted the Resolution “On Amendments to the Traffic Rules approved by Resolution of the Council of Ministers - Government of the Russian Federation dated October 23, 1993 No. 1090.”
According to these changes, a list of exceptional situations was established, in the event of which the driver has the right to leave the scene of an accident.
Although it is worth noting that leaving the scene of an accident is a violation of the Law, and serious punishment is provided for it.
What to do if you hit your car mirror with your mirror and drive away
If you carelessly hit the mirror of another car with your mirror, then it is quite possible that within two months from that moment you may be called to the law enforcement authorities.
According to Art. 51 of the Constitution of the Russian Federation, you have the right not to testify against yourself, as well as close relatives. If you are asked to provide information about your vehicle in this case to the traffic police, you have the right not to do so.
But if you still decide to respond to the call, it is better to immediately consult a lawyer. The best option is to visit the traffic police station together. This way you will have the opportunity to remain with your rights (in this case, you may be subject to Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, that is, deprivation of the right to drive a car for a period of 1 to 1.5 years).
Two months have passed, but no one has contacted you about this event, which means you no longer have any problems. But if you want to safely drive around in your car and not worry about meeting with traffic police officers, check the information to see if your car is in the wanted database.
After receiving a response after two months that your car is wanted, write a request for its removal.
The maximum period of two months for conducting an administrative investigation. Once this period has ended, no one has the right to disturb you regarding this incident.
In this case, there is a statute of limitations during which you may be held administratively liable. It is three months.
If as a result of an incident you have lost your car mirror and continue to drive without it, the traffic police inspector who stopped your car may issue you a fine.
If you were driving to a car dealership at the time of the stop to purchase a new mirror, you will still be issued a fine.
In accordance with clause 12.5, part 1 of the Code of Administrative Offenses of the Russian Federation, a fine of 500 rubles is provided for driving a faulty vehicle.
Although sometimes you can get away with a simple warning. Therefore, if you are stopped, listen to the inspector’s remark, and also tell him that you are just heading to the store to purchase a new mirror. By the way, make sure that you are moving along the road with all precautions.
What should the culprit do in case of an accident?
Even if the accident on the road was of a minor nature, the culprit of this incident does not have the right to leave the scene of the accident before discussing the situation with the victim.
Leaving the scene of an accident is punishable under Art. 12.27 Code of Administrative Offenses of the Russian Federation.
Even if you leave a note with your address and phone number, this is unlikely to save you from punishment.
When a minor accident occurs with a car whose owner is not there, and you cannot find it yourself, contact the traffic police.
You can always try to come to an agreement. If you have exactly this situation, agree with the second participant not to draw up documents.
If mutual understanding is not found, the accident should be formally registered.
Let's look at the detailed instructions for the actions of traffic police officers at the scene of the accident:
- If you were moving at the time of the accident, stop the car immediately after the collision. Do not forget to mark the location of the accident and the location of the vehicles with emergency signs (red glowing triangle);
- when there are no injured people, and only cars are damaged, it is necessary to take photos and videos of the accident site. The footage should capture: the terrain, the location of the cars on the highway, their license plates, the condition of the road, the trace left by the car during braking, the license plates of the cars that were near the accident site. In other, more complex cases, calling the traffic police cannot be avoided. Neither cars, nor fragments, nor other objects associated with the accident should be moved, as this may affect the accident investigation procedure;
- enlist the support of eyewitnesses to the accident and obtain their phone numbers and addresses;
- As soon as the accident is registered and all the necessary facts are recorded, the cars can be removed from the road. If the vehicle remains in place even after the departure of the traffic police, and interferes with the movement of other cars, this will result in a fine of 1 thousand rubles;
- decide on the amount of compensation. If the damage from the accident does not exceed 50 thousand rubles, then you can solve the situation yourself. Included with the insurance policy is a “Notice of Road Accident”, which must be filled out and submitted to the insurer.
If you were unable to come to a common decision, contact the traffic police post or the traffic police department and fill out the documents regarding the accident there.
What is a minor accident?
Often, in connection with some problems on the roads, the concept of road accident is used. Let's try to figure out what exactly is meant by this concept.
The definition of an emergency situation on the road can be found in many legislative documents of the Russian Federation, but almost everywhere it has the same meaning.
A traffic accident is a situation that occurs on the road while a car or other vehicle is moving along it. This situation may result in damage to vehicles, buildings and other property. Most importantly, road accidents result in casualties or deaths.
What happens if you hit a car in a parking lot and drive away?
How to apply for CASCO insurance if you scratched the car yourself, read here.
Accidents are considered minor (insignificant) if the following conditions are met:
- Two cars were involved in the accident. If a car with a trailer is one transport unit;
- there were no injuries in the accident, the property of third parties (vehicle passengers) was not damaged;
- the damage sustained by the vehicle as a result of an accident does not exceed 50 thousand rubles.
So, if an accident occurs in a parking lot, in a yard, or in any other place where the speed of cars is minimal, there may be no damage, and people will not suffer either.
Minor damage includes:
- minor dents on the car body or other parts;
- minor scratches;
- minor damage to the integrity of the paintwork;
- broken mirror or headlight, etc.
What is the punishment for leaving the scene of an accident?
For any offense there are certain penalties and sanctions. This also applies to road traffic accidents.
Let us remind you that, according to the definition given in the Federal Law of December 10, 1995 No. 196-FZ “On Road Safety”, an accident is considered an event that occurred as a result of a collision of a moving vehicle, if it injured people, property, buildings, and other material damage was caused.
If you are involved in a traffic accident, in accordance with clause 2.5 of the traffic rules, you are obliged to stop your vehicle, turn on the emergency lights, and also mark the location of the accident with emergency signs.
If, after a collision, you drive further without complying with the traffic rules, you will be subject to administrative punishment provided for in Article 12.27 of the Code of Administrative Offenses of the Russian Federation.
If you intentionally or unintentionally leave the scene of an accident, you thus admit your guilt in what happened.
Although the question of guilt will still be determined as a result of the investigation of your case.
It should be noted that leaving the scene of an accident is in itself an offense. In this case, it does not matter much who the driver is in this case.
The following penalties are imposed for leaving the scene of an accident:
What to do if your car mirror is knocked off
Every day in Krasnoyarsk, as in any other large city in Russia, situations occur when a driver, not being sufficiently aware of the correct behavior in an accident, makes mistakes, as a result of which compensation for damage received by the car can become quite difficult or even impossible for him.
As an example, we can cite a situation where a car’s mirror was torn off, and the driver did not immediately call the traffic police or did not turn to emergency commissioners for help.
Since this kind of trouble happens quite often, in this article we will tell you what the driver should do to minimize the damage.
So, after a collision between two cars, as a result of which one of them suffered damage to the side mirror, events can develop according to three scenarios:
- So, if both drivers remained at the scene of the accident, the injured party has every chance of compensation for the damage received.
As we have written many times, in case of minor damage to vehicles, it is not necessary to call the road inspectors. It is enough to call an emergency commissioner to draw up a European protocol, and then contact the insurance company to receive an insurance payment.
It should be noted here that this is the most favorable scenario for the development of events.
- Things are much more complicated when the person responsible for the accident, who knocked off the side mirror, fled the scene of the accident, and it is not possible to establish his identity, as well as identify the vehicle.
If the driver did not hesitate at the moment when the mirror was removed, immediately called the traffic police, and he has a valid MTPL insurance policy, then in order to receive an insurance payment, this vehicle owner must be recognized as the injured party.
Let us note that in order to properly interact with a representative of the law, it is advisable to seek help from emergency commissioners, since, being in a state of shock, the driver cannot always independently prove his innocence in the accident.
The specialists of the Avtokomissar have extensive experience in handling road accidents, including in cases where one of the participants remains at the scene of the accident. In order to call an emergency commissioner - an employee of our company, just call the phone number listed in the “ Contacts ” section of our website.
- In the case where the driver’s side mirror was removed, but he did not immediately call the traffic police , it is much more difficult to obtain an insurance payment.
So, if the driver only has a compulsory motor liability insurance policy, he needs to receive a certificate stating that he was not at fault in the accident. And this is not always possible, because in fact, when calling an Inspectorate employee a few days later, the car owner has to pretend that the accident happened just now.
If the traffic police do not issue a certificate, then you can get insurance under a CASCO policy, since such an insurance program allows you to compensate for damage regardless of the fault of the car owner. In the absence of such a policy, the driver will have to repair the mirror at his own expense.
As you can see, the consequences of an accident can be different, it all depends on the reaction of the vehicle owners to what happened. If you have been involved in an accident and do not know what to do, we recommend that you contact experienced specialists. You can call the traffic commissioner in Krasnoyarsk by calling the number: 271-21-95 .
We hit the mirror and disappeared - was it an accident or not, does compulsory motor insurance work?
- A collision with mirrors is considered an accident if there is even the slightest damage.
- As a result, one or both drivers may have their license revoked if they speed away.
- Therefore, it is best if another car hits your mirror and disappears - even if you have no damage - to call the traffic police and fill out documents about the accident.
Situations with little or no damage are ambiguous. This may not be a traffic accident at all, but you can lose your license for this and get compensated for damages if you approach it incorrectly. We will talk about whether it is formally considered an accident in 2019 if you hit a mirror, what to do if the culprit or you fled the scene of the accident, how compulsory motor liability insurance works, we will talk in this article.
The side mirror was torn off - was it an accident?
As of 2019, according to the letter of the law, this is considered an accident. But only if your mirror was torn down or damaged.
To understand this, you need to know the criteria of the incident. According to the definition in the traffic rules, it must include the following conditions:
- it must occur when at least one car is driving on the road - if both cars were stationary and the mirror was hit, for example, when opening a door, this is not considered an accident,
- As a result of the event, the mirror is damaged or any material damage is caused.
Thus, it will be a traffic accident if at least one car was moving, and the cars suffered damage and material damage as a result:
- the mirror was cracked as a result of an accident,
- it was blown away by its roots,
- scratched
- The side mirror itself is intact, but the film has been torn off from it,
- glass flew out of its body, which costs money to install,
- it was blown off the hinge (not to be confused with the folding mechanism).
We hit the mirror and disappeared - what to do?
And this depends on whether your particular case is an incident according to the letter of the traffic rules or not. Because if there is such a formal event, you are obliged to call the traffic police. And for failure to fulfill this obligation, punishment is provided up to and including deprivation of rights under Part 2 of Article 12.27 of the Code of Administrative Offenses for leaving the scene of an accident.
Thus, there are 2 possible outcomes:
- if there was simply a touch of mirrors, as a result of which nothing was damaged for all participants in the collision, then there is no responsibility for this,
- if there is damage, then it is considered an accident and you must call the traffic police or issue a European OSAGO protocol if the second participant did not escape.
And here lies the most important subtlety. Let's take a closer look at it!
Can I leave if I have no injuries?
No. Even if formally and visually you assess the event as not an accident due to the lack of damage on the mirror, this does not mean that you can leave the scene of the accident. This is because you don’t know if the getaway car has any damage.
So what? He disappeared!
It is logical to assume that what kind of punishment can be discussed if the second participant disappeared - it means that he does not care about his injuries, even if he has them. And you don’t have them at all.
Yes, the most common situation is when the culprit also did not damage anything, you simply rubbed your mirrors together without consequences, straightened them out and moved on.
But one should not overestimate the simplicity of people and underestimate their maliciousness. Because in this case there may be 2 unfavorable outcomes for you:
- even if the second participant touched your mirror with his and left, considering that it was intact, this does not mean that he will not find them later and will not call the traffic police, indicating, on the contrary, that it was you who escaped, and not him at all,
- Probably, the culprit could even leave on purpose so that you let the situation go, and then he will call the traffic police and, similarly to the first point, will file an accident with the person who escaped, and again with you.
Both situations will result in your license being suspended for a long period of time. Because if the second participant has the license plate number of your car, and they find it, then even if you have no damage, the examination can establish a collision with your car.
And here you, as the culprit, will face not only deprivation of rights, but also recourse from the insurance company, to which the pseudo-victim will apply for compensation for damage under compulsory motor liability insurance on the basis of subparagraph “d” of paragraph 1 of Article 14 of the Federal Law on Compulsory Motor Liability Insurance.
What to do in such a situation? The answer is obvious - call the traffic police and wait for their arrival. Then wait for the culprit to be found. If you know the license plate number of the escaped car, then this is enough to receive compensation under compulsory motor liability insurance in the event that the traffic police admit the guilt of another participant in the accident.
In general, this type of accident with an escaped participant is standard. We examined this issue in more detail in our special article on this.
If you hit the mirror of a parked car?
And in this case the situation is similar to that described above. The only difference is that your car did not have a driver at the time of the accident. We also talked about the incidents in the yard in more detail in a separate article.
But if a collision with mirrors did not occur while both cars were moving, then this is no longer formally considered an accident, and therefore it is not the traffic police that needs to be called for registration, but an ordinary police officer (a district police officer most often). Please also note that this situation does not qualify for the Euro protocol.
If you hit a pedestrian?
In this case, there is also unlikely to be any damage to your car - unless the pedestrian was rushing at breakneck speed. about your same mirror, or if you do not confuse a pedestrian with a cyclist.
In any case, if a pedestrian touched the mirror of a stationary car, even if you were standing in violation of traffic rules, then the fault lies with him. But please note that if this pedestrian claims harm to health as a result of contact with your mirror and confirms it with a medical report in the future, then your MTPL insurance company will be obliged to compensate for this harm under Article 1079 of the Civil Code, since the car is a source of increased danger according to towards a pedestrian, and damage to health in this case is compensated regardless of the presence of fault. As a result, your bonus-malus ratio will increase for the next insurance period.
What to do if your car mirror is knocked off
Every day in Krasnoyarsk, as in any other large city in Russia, situations occur when a driver, not being sufficiently aware of the correct behavior in an accident, makes mistakes, as a result of which compensation for damage received by the car can become quite difficult or even impossible for him.
As an example, we can cite a situation where a car’s mirror was torn off, and the driver did not immediately call the traffic police or did not turn to emergency commissioners for help.
Since this kind of trouble happens quite often, in this article we will tell you what the driver should do to minimize the damage.
So, after a collision between two cars, as a result of which one of them suffered damage to the side mirror, events can develop according to three scenarios:
- So, if both drivers remained at the scene of the accident, the injured party has every chance of compensation for the damage received.
As we have written many times, in case of minor damage to vehicles, it is not necessary to call the road inspectors. It is enough to call an emergency commissioner to draw up a European protocol, and then contact the insurance company to receive an insurance payment.
It should be noted here that this is the most favorable scenario for the development of events.
- Things are much more complicated when the person responsible for the accident, who knocked off the side mirror, fled the scene of the accident, and it is not possible to establish his identity, as well as identify the vehicle.
If the driver did not hesitate at the moment when the mirror was removed, immediately called the traffic police, and he has a valid MTPL insurance policy, then in order to receive an insurance payment, this vehicle owner must be recognized as the injured party.
Let us note that in order to properly interact with a representative of the law, it is advisable to seek help from emergency commissioners, since, being in a state of shock, the driver cannot always independently prove his innocence in the accident.
The specialists of the Avtokomissar have extensive experience in handling road accidents, including in cases where one of the participants remains at the scene of the accident. In order to call an emergency commissioner - an employee of our company, just call the phone number listed in the “ Contacts ” section of our website.
- In the case where the driver’s side mirror was removed, but he did not immediately call the traffic police , it is much more difficult to obtain an insurance payment.
So, if the driver only has a compulsory motor liability insurance policy, he needs to receive a certificate stating that he was not at fault in the accident. And this is not always possible, because in fact, when calling an Inspectorate employee a few days later, the car owner has to pretend that the accident happened just now.
If the traffic police do not issue a certificate, then you can get insurance under a CASCO policy, since such an insurance program allows you to compensate for damage regardless of the fault of the car owner. In the absence of such a policy, the driver will have to repair the mirror at his own expense.
As you can see, the consequences of an accident can be different, it all depends on the reaction of the vehicle owners to what happened. If you have been involved in an accident and do not know what to do, we recommend that you contact experienced specialists. You can call the traffic commissioner in Krasnoyarsk by calling the number: 271-21-95 .
The cars hit their mirrors, there was no damage. Do I need to call the traffic police?
Was it leaving the scene of an accident? The reader admits: he would not have stopped if not for the driver of the second car, who immediately jumped out of the car and rushed after him. The man saw a running man in the mirror, stopped and got out of the car...
The parties carefully examined both cars and... found nothing. Nothing at all. However, the second participant in the incident (potential victim) insisted on calling the traffic police, and categorically refused to draw up a European protocol. Our hero should call the police and ask them there what and how. But instead he laughed in his opponent’s face, got into his car and drove away.
And in the evening, returning home, he began to doubt that he had done the right thing. He insists there was no damage. This means that the other party will not be able to “attribute” the accident to him.
He is not right. If the second participant in the accident insists on registering the accident, it must be registered. Moreover, it is our hero who can qualify as the culprit of the accident. No damage? It is quite possible that they simply were not seen on site.
If so, the culprit of the accident who fled the scene of the accident may be held liable under Part 2 of Article 12. 27 of the Code of Administrative Offenses (CAO RF). Leaving the scene of an accident by a driver in which he is a participant entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.
Will they really deprive me? Formally, the fact of leaving the scene of an accident is present. And if there is one, the court may, without particularly understanding the circumstances of the case, deprive the person responsible for the incident of rights.
What can you advise our readers for the future? Do not leave the place, call the traffic police, report what happened, find out what he should do in this situation.
This, by the way, is discussed in paragraph 2.6.1. Traffic rules: “If the circumstances of harm in connection with damage to property as a result of a road traffic accident or the nature and list of visible damage to vehicles cause disagreements between the participants in the road traffic accident, the driver involved in it is obliged to write down the names and addresses of eyewitnesses and report the incident to the police to receive instructions from a police officer about the location of the registration of the traffic accident.”
How should he act now? Go to the analysis group (if called) or to court, insist that there was no damage when the cars touched. Require an expert opinion of the victim’s car in accordance with Article 26.4 of the Code of Administrative Offenses of the Russian Federation. If not, insist on terminating the case.
If the judge is not the “last bastard”, it is quite possible that he will be “slapped” for failure to fulfill his duties in case of an accident - part 1 of article 12.27 of the Code of Administrative Offenses of the Russian Federation. But this is unlikely.
If he can’t live without a car for a year, he will have to file a complaint with a higher authority. If he is sure that there was no damage, he should additionally submit a written request to the traffic police for an examination of his car and the victim’s car for coincidence and possible contact.
Even if formally there was no accident, protect yourself from claims from another participant in the incident. Be sure to contact the traffic police and document the absence of damage. Fill out the notification of the incident, indicating all the circumstances and obtaining the signature of the second participant. Finally, take a receipt from the second participant that he has no claims against you. It’s better to waste half an hour on the spot than to waste your nerves and time dragging around the courts.