Hiding from the scene of an accident punishment

What does a driver face if he fled the scene of an accident: fine, liability

Even the most disciplined and law-abiding driver in the first minutes after an accident, especially a serious one, will have a thought: “Should I drive away from the scene of the accident, in case they don’t get caught?” Some, in a state of emotional turmoil, implement this risky plan into reality. What are the risks and is it possible to avoid punishment? Let's figure it out.

The thought of fleeing the scene of an accident occurs to many drivers, especially if other cars and people were seriously injured due to their fault.

Road accidents, as defined by the Road Traffic Rules, include events that occur with the participation of a vehicle and cause damage to cars, cargo, structures, and cause harm to the health and life of people. The obligation to remain at the scene of a road incident for all drivers - both the perpetrators and the victims - is established by the Russian Traffic Regulations.

According to the traffic rules, after an accident occurs, its participants must take a number of measures , such as:

take care of the victims (provide emergency assistance, call a medical team, take them to the hospital);
record the circumstances of the accident by photographing/videoing and drawing up a diagram;
clear the road of cars so as not to impede traffic;
find witnesses and record their contact information;
call the police or agree with other participants in the car accident to independently resolve the conflict, draw up a European protocol.

If the driver leaves without complying with these requirements, he will face inevitable punishment.

Why do motorists flee the scene of an accident?

Drivers leave the scene of an accident for various reasons:

Intentionally leaving the scene of an accident

Most often, those involved in an accident try to escape because they hope to avoid responsibility for the traffic violations they committed, damage to property, and harm to the health and lives of people. This mistake is especially often made by those responsible for accidents who are intoxicated.

Unintentionally leaving the scene of an accident

It is not always the case that a driver fleeing the scene of an accident wants to escape responsibility.

Sometimes the culprit of an accident simply does not notice that he damaged someone else’s car.

For example, when leaving a parking lot, it hits the bumper or mirror of a nearby car and scratches the body. The owner of the damaged car is not nearby, the alarm does not work. The guilty driver does not notice that he has damaged someone else’s property and goes about his business with a calm soul. Another situation is also possible. After the accident, the drivers agreed to resolve the conflict without involving the insurance company and the traffic police, exchanged phone numbers and parted ways. But one of them, after some time, came to the scene of the accident again and called the police. The second one was automatically considered to have fled the place where the road incident occurred.

When the accident is not serious, the driver can leave the scene of the accident without noticing the damage caused to someone else’s car

If the driver left the scene of the accident without malicious intent and can prove it, then it is likely that the court will acquit him.

How will they punish a driver who left the scene of an accident without injury or death?

In paragraph 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, we read that a driver who does not remain on the spot after a traffic accident that does not contain signs of a criminal offense is deprived of the right to drive a car and other vehicles for 1-1.5 years. He may also be arrested, the period of arrest will be a maximum of 15 days.

How will a driver who leaves the scene of an accident with dead/injured be punished?

If people were injured or killed in a car accident, then the punishment for it is no longer established by the Code of Administrative Offenses, but by the Criminal Code of the Russian Federation (Article 264). In this case, leaving the scene of the accident will be regarded as an aggravating circumstance, equivalent to being behind the wheel while intoxicated. You can see the penalties in the table.

will be sent to perform forced labor. Maximum period – 3 years

deprived of freedom. Maximum term – 4 years

In both cases, the person responsible for the accident is prohibited from working in certain positions or performing a number of activities for up to 3 years.

imprisoned for 2-7 years;
will be banned for up to 3 years from working in a number of positions or carrying out certain types of activities.

imprisoned for 4-9 years;
will be banned for up to 3 years from working in a number of positions or carrying out certain types of activities.

How is the punishment given?

A traffic police inspector may issue a fine for failure to perform actions related to an accident in the amount of 1,000 rubles. Decisions on all other types of punishment (forced labor, deprivation of a driver's license, arrest) are made only in court.

A negligent driver's license can only be revoked through court

As for the terms of sentencing, they are as follows:

no more than 2 months are given to obtain a decision in administrative cases (Article 4.5 of the Administrative Code);
3 months are allocated to obtain a court order and punish the culprit;
the decision on the offense (Article 12.8 and Article 12.24 of the Code of Administrative Offenses of the Russian Federation) must be issued within 1 year.

When should you leave the scene of an accident?

if a car accident is registered without the participation of the traffic police - after drawing up a European protocol and transferring it to the nearest police department or traffic police post;
if a car accident is registered with the participation of the traffic police - after drawing up and signing a protocol on an accident , a protocol on an administrative offense. Law enforcement officers can detain a participant in a traffic conflict. The grounds for this may be, for example, the driver’s lack of documents, his potential danger to surrounding people, etc. Part 1 of Article 27.5 of the Code of Administrative Offenses establishes the maximum period of administrative detention. Participants in an accident cannot be forced to remain at the scene of the accident for more than 3 hours from the moment the traffic police are notified of the traffic accident.

If people are seriously injured in an accident, the participant in the accident can take them to a medical facility in a personal car. He must immediately report the traffic incident to the traffic police or the police and, after handing over the victim to medical workers, immediately return to where the accident occurred. If this is not done, the driver may be considered to have fled the scene of the offense.

Can a driver who leaves the scene of an accident go unpunished?

If the scene of the accident was left unintentionally and the culprit manages to prove this, for example, using recordings from surveillance cameras or testimony of witnesses, then the court may rule in favor of the driver.

You can also avoid punishment if the culprit of the accident has compelling reasons to leave the scene of the accident. For example, he was transporting a seriously ill person to the hospital and, having had an accident, did not stop to carry out the actions prescribed by the traffic rules. But if the driver did the same thing, being late for a meeting or to the airport, this will not be considered a valid reason, since there was no threat to human life.

Thus, in order to avoid punishment, it is necessary to prove to the court that the driver left the scene of the car accident without malicious intent.

What is the statute of limitations for leaving the scene of an accident?

Article 4.5 of the Code of Administrative Offenses of the Russian Federation states that the decision on the punishment for administrative offenses must be made within up to 3 months . If during this time the judicial authorities have not issued a ruling on arrest, deprivation of rights, or assignment to forced labor, sanctions for disappearing from the scene of an accident will no longer follow.

But you need to remember that even after 3 months, the injured party can demand compensation from the driver for the damage that was caused to her as a result of the car accident. The deadline for filing a claim in court, according to the Civil Code of the Russian Federation (Article 196), is 3 years from the date of the incident . And if there are injuries or deaths as a result of an accident, the statute of limitations for criminal cases applies - from 2 to 15 years, depending on the severity of the crime (Article 78 of the Criminal Code of the Russian Federation).

In an attempt to avoid responsibility by leaving the scene of an accident, most drivers only increase their punishment.

Leaving the scene of an accident is a big mistake. It is almost impossible to remain unpunished today, when CCTV cameras are installed almost everywhere and cars are equipped with GLONASS systems. Therefore, flight will only aggravate the punishment that awaits the culprit of the accident. Remember this and follow traffic rules and laws.

Leaving the scene of an accident is a punishment in 2019

An accident is a nuisance from which no driver is insured. Traffic rules regulate the actions of a driver who is involved in a traffic accident and oblige him to take the necessary measures, including providing assistance to victims. If the instructions are not followed, the consequences may be unfavorable for the driver.

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:

After fleeing the scene of an accident, the punishment is deprivation of the right to drive a vehicle for a period of 1-1.5 years;
or
Administrative arrest for 15 days.

If you are wondering what the fine is for this, then you should know that the current legislation does not indicate that the driver must pay a fine for driving away after an accident without stopping and without checking to see if there were injuries or property damage.

When leaving the scene of an accident for a legal or illegal reason, as well as being an innocent person, it is important to remember that without documentary evidence of the incident there is a high probability of:

be found at fault for the accident;
answer administratively for leaving the scene of an accident;
compensation for damage to the car, for moral damage caused, as well as for damage to health, up to lifelong recourse.

To avoid this, it is better to stay at the scene of the accident and, if possible, hire a lawyer who will arrive at the scene of the accident to monitor the correctness of the paperwork and give useful advice.

What is the basis for punishment?

The extent of liability is determined in court. The basis for considering a case in court is a protocol drawn up by traffic police officers. Evidence of guilt can be the testimony of witnesses, eyewitnesses, video from digital media (dash cams, traffic cameras). In 95% of cases, accidents are solved by investigators, and the culprit is found.

Often, in a state of shock, when a person leaves the scene of an accident, he drinks. Clause 2.7 of the traffic rules indicates the prohibition of taking alcoholic beverages, narcotic, psychotropic or any other drugs until the examination is completed. Such violations only aggravate the situation and may result in additional penalties in the form of a fine for drunk driving.

What terms are acceptable for punishment?

In cases where a person leaves the scene of an accident irrevocably, hides from responsibility, there are exceptions to the rules that remain unpunished. These exceptions include an expired statute of limitations. The completed departure from the scene of the accident is recorded by the traffic police, after which they begin interviewing witnesses to find the offender. For search work, bringing charges against the culprit who did not remain at the scene of the accident, in accordance with Art. 4.5 of the Code of Administrative Offenses of the Russian Federation is given 90 days (3 months). After the statute of limitations has expired, it is illegal to bring any charges against the driver and draw up an administrative offense resolution in his name.

When is the driver responsible?

If a person driving a car that was involved in a traffic accident leaves the scene for reasons that are not listed in the traffic rules, his actions are regarded as a crime. For leaving the scene of an accident in 2019, persons who fled in a car in such situations, even if they are not the owners of the vehicle, bear full responsibility.

Leaving the scene of an accident is not justified even if the driver is in a hurry to get to a flight, meeting or other events, even if he stopped and left his data, coordinates, contact numbers, and business card.

By not remaining at the scene of the accident, a person can affect the mitigation of liability. This requires a confession, assistance in the investigation, and voluntary compensation for damage. Partial justification for the fact that a person did not stay at the scene of an accident can be a serious mental state, being a minor, or being pregnant.

In what cases is liability not provided?

There are situations when the driver is not responsible for not stopping or leaving the scene of the accident. Such situations include the following situations.

When an accident occurred, but the drivers were able to come to an agreement, they have no claims against each other regarding the circumstances that occurred. You can leave the scene of the accident if there are no casualties in the incident. In such a situation, it is advisable to draw up a diagram of the arrangement of cars after the accident at the scene of an accident, indicate on the diagram the road markings, street names, house numbers, road signs and other important information. Each driver must have a diagram signed by both parties involved in the accident. Driving away from an accident will be legally correct if both drivers go to the nearest traffic police station, where they draw up documents.

When, at the scene of the accident, the drivers mutually decided to file an accident according to the European protocol (filling out a notification of an accident, which the insurer will rely on). Under MTPL, such a procedure is allowed when only 2 cars, the owners of which have a valid MTPL policy, were damaged at the scene of an accident. There should be no people injured or injured at the scene of the incident. In this case, leaving the scene of the accident is possible, and the drivers should not have any claims against each other, and the nature of the damage should be agreed upon.

Often in court, the driver is justified by the fact that he was forced to leave the scene of an accident in order to deliver the victim of an accident or collision to the hospital. In this case, having left the scene of the incident, the driver is obliged to return after the person is taken to a medical facility for emergency assistance. Before leaving, it is important to document (indicate on the diagram) the position of the car on a video or photo camera. At the scene of an accident, objects should be left in the position in which they were after the accident. To prevent them from interfering with other traffic participants, according to clause 2.5 of the traffic rules, it is necessary to provide a detour for transport.

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.

Having left the scene of an accident in other situations, the driver will be charged with leaving the scene and punished in accordance with the law. When the driver leaves the scene of an accident, only after the investigation is it determined whether there is a crime or its absence for the reasons provided for by the Traffic Rules. The final verdict on whether the driver’s actions were lawful or unlawful, and what the punishment for leaving the scene of an accident will be, is determined by the court.

Knowing whether it is possible to leave in the event of an accident and in which specific cases liability does not arise for leaving the scene of an accident without authorization, you can avoid punishments and deprivation of rights.

Fine for leaving the scene of an accident in 2019

By leaving the scene of a car accident, the driver commits a serious offense. The amount of punishment is determined taking into account all the circumstances. This may result in both administrative and criminal liability. In what cases does a violator face a fine for leaving the scene of an accident, in what cases are there more serious sanctions, and when is leaving the scene of a collision considered acceptable? We'll tell you in the article.

Definition of an accident

In order for the driver’s departure to be considered leaving the scene of an accident, the incident must fall within the definition of a “road traffic accident” (Federal Law of December 10, 1995 N 196-FZ “On Road Safety”, Article 2).

In other words, three conditions must be met:

direct participation of the vehicle (contact) in the accident. Thus, if an object is thrown from a car window at a cyclist or a walking person, this is not an accident;

causing any damage, for example, to property, transport, cargo, structures, as well as life or health of people;

the incident occurred while the car was moving. The fall of a person or object onto a standing vehicle is not classified as an accident.

The situation is not considered a traffic accident if at least one of the conditions is not met. The departure of the car in this case does not fall under the scope of the article “Leaving the scene of an accident.”

If all the conditions are met, and the participant runs away from the scene of the accident, this is considered a serious offense, so the punishment is determined by the court. The traffic police inspector cannot make a decision on deprivation of rights or detention. His task is to find out as accurately as possible all the circumstances of what happened, prepare materials, documents and submit them to the court for consideration.

The same applies to the situation when there is an accident with victims. The degree of responsibility for the escape is determined in court and based on the results of the investigation.

What punishment is provided by law?

The Code of Administrative Offenses (CAO RF) is the main document defining responsibility for “driving away” from the scene of an accident. According to Part 2 of Article 12.27 of this regulation, leaving the scene of an accident by a participating driver is punishable by:

administrative arrest for up to 15 days;

or deprivation of the right to drive a car for a period of 1 to 1.5 years.

Thus, the law does not provide for the imposition of a fine for escaping from the scene of an accident, only imprisonment or deprivation of a driver's license. But depending on the specific situation, other options are possible:

If the driver fled the scene of the accident, but then changed his mind and returned (before the traffic police arrived), such a violation falls under another paragraph of Article 12.27 of the Code of Administrative Offenses of the Russian Federation. In this case, a fine of 1000 rubles will be imposed on the offender (Part 1). Arrest or deprivation of rights does not apply to violators who have come to their senses.

If people were injured in the incident, that is, they received injuries of varying degrees of severity, then leaving the scene of an accident is considered a criminal offense, and punishment for it will follow in accordance with the Criminal Code of the Russian Federation (Article 125 “Leaving in danger”). Sanctions may be as follows:

up to 1 year in prison;

up to 3 months of arrest;

a fine in the amount of 80 thousand rubles up to the income of the culprit for 6 months;

community service for a total of up to 360 hours;

forced labor for up to 1 year.

Leaving the scene of a traffic accident with injuries is classified as a criminal offense. If there are no wounded, the violation is considered administrative and is punishable in accordance with Part 2 of Article 12.27 of the Administrative Code.

The rules apply equally to the injured party and the culprit of the accident, so the responsibility for leaving the scene of an accident lies with them equally. It is in the interests of both participants to document the incident according to the regulations. To do this, you need to call the traffic police officers or (if there are no disagreements) register the accident yourself (with drawing up a diagram, identifying the culprit and signatures of both drivers). Otherwise, deprivation of rights or arrest may be applied to both the offender and the victim.

Another important point: if the culprit of the accident left the scene of the accident, the insurance company has the right to demand reimbursement from him for the expenses incurred by it (in the amount of compensation paid to the injured party).

Driver's responsibilities in case of an accident

A fine of 1,000 rubles can be collected from a driver who violates the traffic rules for actions after an accident. The correct behavior should look like this:

stop the car in the position it was in after the accident, do not move or remove objects related to the accident;

turn on the emergency lights;

place warning triangles at the correct distance from the vehicle;

find out if there are victims;

if there are victims, call the traffic police and doctors, if possible, provide first aid yourself, send or take the wounded to a medical facility, if necessary.

However, there are a number of exceptions, also specified in the traffic rules.

When is it permissible to leave the scene of an accident?

The rules regulate a number of situations when the driver is allowed or required to leave the scene of an accident:

If no more than 2 cars were involved in the accident, damage was caused only to the vehicle, and there were no casualties. Also, both participants must have a valid MTPL policy. In this case, drivers have the right to file an accident on their own (by recording the diagram of the incident, identifying the culprit and the damage). If there are no disagreements, they must come with completed and signed papers to the nearest traffic police department.

If there is no other way to deliver the victim to the hospital other than in the car of the participant in the accident. Then you are allowed to leave the scene of the collision, take the wounded person to a medical facility, there provide the number of your vehicle, your last name, then return back. The accident site must first be photographed or videotaped. If the regulations are followed, there will be no punishment for such absence.

If the colliding cars completely block traffic on the road. Then drivers must record in detail and accurately all the circumstances of the accident on a photo or video camera, write down the names, addresses and telephone numbers of witnesses. After this, cars should be removed from the roadway and wait for the arrival of traffic police officers.

If there is an accident without injuries, and the participants have agreed that the guilty party will pay off the damage on the spot. In this case, it is necessary to issue a receipt confirming the absence of mutual claims.

If in these situations everything is completed correctly and all requirements are met, then there will be no punishment for leaving the scene of the accident.

When is it prohibited to leave the scene of an accident?

You cannot leave the scene of the collision until the traffic police arrive, regardless of the absence or presence of victims. The only exceptions are those cases described above.

However, there are situations when it seems that leaving does not threaten the driver. As a rule, this is not the case. Most often, problems arise in the following cases:

The person responsible for the accident left the scene of the collision. If the damaged car also leaves, then the offender can subsequently contact the traffic police and report the damage. In this case, it will be difficult to prove that you are right.

The participants in the accident “verbally” agreed on the absence of claims, without issuing a receipt, without recording the damage and the diagram of the accident in accordance with the rules. In this case, it is possible that one of the participants will return to the scene of the collision and call the traffic police, accusing the second of fleeing.

There was a collision with a pedestrian, and he fled. Subsequently, the injured person can file a complaint with the traffic police. Then the driver who gets away may lose his license or go to jail.

The car was dented in the parking lot, the culprit disappeared. In this case, the driver who damaged the car can contact the traffic police and shift responsibility for the accident to the injured party.

If any of the above situations arise, the driver should remain in place and report the incident to the traffic police. It is important to document in writing and thoroughly the fact that there are no claims between the parties to the accident. This will help you avoid being arrested or having your driving privileges revoked.

Didn't notice the accident? Prove it

The fact that the culprit did not notice the accident may be a mitigating circumstance (for example, in case of bad weather conditions or very superficial touching of the vehicles). However, it is quite difficult to prove your ignorance in court. But if the damage is minor, there is a chance.

This will not help you avoid responsibility completely. If the culprit proves that he unintentionally left the scene of the “accident” or voluntarily contacts the traffic police and admits his guilt, the punishment may be limited to a fine of 1,000 rubles.

If it is not possible to convince the court that the departure was unpremeditated, then the punishment will be imposed in accordance with the Administrative Code. The violator faces imprisonment for 15 days or deprivation of rights for a period of 1 to 1.5 years.

Sometimes drivers count on the possibility of escaping from the scene of an accident being an excellent chance that will allow them to avoid liability. However, you need to understand that almost every car now has a DVR installed, and the roads are equipped with surveillance cameras. The likelihood of going unpunished is very low. Running away will only add to the guilt and make the situation worse. If an accident does occur, you need to act in accordance with the rules and contact an experienced lawyer to help in legal proceedings.

He fled the scene of the accident. Is it possible to avoid punishment?

A traffic accident always happens unexpectedly and at the wrong time. Finding yourself in a stressful situation, the driver, often not knowing how to get out of a difficult situation, does not think through leaving the scene of the accident.

Many participants in an accident make a hasty decision to leave the scene, having received verbal agreements or believing that it was a setup, and, as a result, are charged with trying to evade justice.

The law provides for severe punishment for such acts. But what should a would-be driver do in this situation, how to solve the problem. Despite the seemingly hopelessness, legal practice shows that there is always a chance to soften the fate. We propose to examine the question in more detail.

What's the threat? Consequences

In the previous article, we examined in detail the question of what is considered leaving the scene of an accident and what are the consequences, in which cases you can safely leave without waiting for the traffic police to arrive, and what actions need to be taken for this in order not to subsequently have problems with the law.

The punishment for leaving the scene of an accident directly depends on the severity of the incident and the presence of victims:

Administrative liability , if the road accident is minor and there are no serious injuries among people;
Criminal liability if people are killed or seriously injured in an accident.

Remember, the traffic rules stipulate the following procedure, which is mandatory for all participants in the incident.

Tips on how to avoid punishment

If you are involved in an accident and for some reason leave the scene of the accident, take into account the following recommendations:

It is better to give up the idea of reporting to the traffic police. The rule of sincere repentance mitigates guilt will not work here.
Over the next 3 months, strictly follow traffic rules to minimize the risk of being stopped by a traffic police inspector.
As an option, completely give up driving until the statute of limitations for administrative liability expires.
Avoid video recording cameras - if your car comes under the influence of equipment scanning the license plate of a passing vehicle to determine whether it is wanted, for example at a traffic police post, you will not be able to get away, the car will be stopped for inspection with all the ensuing consequences.
Do not attempt to make any transactions with the car (sale, inspection, etc.)

As soon as the required three months have expired, you need to come to the traffic police in order to remove your car from the wanted list. In this case, you will need to provide an explanatory note in which you state your ignorance of the incident.

We strongly recommend that you do not go to the traffic police on your own, but immediately seek legal support from a competent motor vehicle lawyer. By trusting a lawyer who will represent your interests both in the traffic police and directly in court, you will protect yourself from possible arrest. Contact our lawyers for free legal support.

If you failed to meet the allotted deadline and were nevertheless brought to justice, do not despair and immediately admit everything.

Line of defense

Despite the seeming inevitability of punishment, do not lose heart; with a competent approach to the matter, you can count on a reduced sentence. Seek free legal advice by submitting a request at the end of this article.

Experienced car lawyers will help you legally regain your rights, building your defense by adhering to the following tactics:

Failure to prove guilt is a presumption of innocence until the court is presented with indisputable evidence of the offense charged to you.
Procedural violations - any errors and inconsistencies in documents, acts, protocols can have a decisive role. It is necessary to identify the smallest inconsistencies in the completed papers (for example, when comparing existing damage to cars, there may be discrepancies in the description, and accordingly we can conclude that the damage was not caused by your car).
The insignificance of an accident in some cases may serve as a basis for complete exemption from punishment.
Retraining for another article.
No intention to hide . Leaving the scene of an accident with the direct intent to avoid responsibility is severely punishable, so it is necessary to prove that the accused does not have serious reasons to evade justice.
Collection of evidence . Seek an examination to collect evidence; it will not be difficult for a specialist to verify the damage; perhaps they are trying to present you with some old damage.

Watch a short video in which a lawyer shares his experience in winning cases:

To explain the principle by which car lawyers work, let’s look at some of the most typical situations using examples.

1. The culprit fled the scene without noticing that he had become a participant in the accident.

There is no visible damage to the culprit's car, and the driver claims that he did not feel the collision. In this case, it is necessary to focus on the insignificance of the accident and apply for exemption from punishment.

However, the situation becomes more difficult if there is evidence (video footage, witness testimony) that the culprit stopped, got out of the car, inspected the vehicle, and then deliberately left the scene of the incident.

2. The participants in a minor accident left without registration.

There are often cases when the accident is conditional, for example, in a traffic jam, the culprit lightly touched the bumper of the car in front. The participants stopped, found no visible damage and dispersed, having received verbal agreements. But the victim, having thought over the incident (after consulting with colleagues at work, her husband, etc.), fearing hidden injuries, reported to the traffic police, accusing the second one of leaving the scene of an accident.

In order to avoid punishment, the guilty driver will need to collect evidence in the absence of intentions to evade responsibility: find witnesses to the incident, pay for an examination of the car confirming the insignificance of the damage.

3. The participant in the accident moved the vehicle so as not to interfere with traffic.

However, these rule changes cause controversial issues among uninformed drivers. In practice, there were cases when the culprit of the accident agreed to admit guilt and persuaded the second participant to quickly remove the cars so as not to interfere with the passage, and then returned to the place and called the traffic police, accusing the second participant of leaving the scene of the accident. And in this case, without proper fixation of the position of the car during an accident and reference to the area, the injured driver became guilty.

In this case, it is necessary to appeal to the fact that the defendant had no intention to abscond from justice and insist on reclassifying the article to 12.27 part 1. Rearranging a car without properly recording the location of the accident should be regarded as a failure to fulfill the duties prescribed by law and be punishable by a fine of 1 thousand rubles.

Mitigation of guilt

If there is no chance of avoiding liability or they are small, you can resort to voluntary compensation for the damage caused and covering all expenses for the injured party.

Try to resolve the issue of compensation for damage directly with the victim by ensuring that he will file a petition to drop the charges against you, motivating this by reconciliation of the parties and settlement of the material side of the case.

However, in this case, in order to avoid an unexpected turn of events against you, stick to your line in court until the end and do not admit guilt.

How cases are won

In conclusion, here are the main areas of protection that must be followed, depending on the specific case:

We bet on inadequate notice.
Bet on non-occurrence of an accident. We consider road accidents from the point of view of damage caused to vehicles. We compare the damage. We prove the impossibility of injury in this particular accident.
Incorrect registration of an accident.
Another driver is driving. This method of protection is possible in case of unlimited insurance.
Minor damage. With this method of protection, it is advisable to enlist the support of the injured party and settle all material issues with them. This method leads to financial losses on the part of the person who committed the accident, but allows you to remain with your rights.

If you have become a hostage of a situation and are facing deprivation of your rights, you cannot do without competent legal assistance. Seek advice from our legal experts, after analyzing the materials of your case, you will receive recommendations on what you can count on in your case and how to build a line of defense.

Punishment for leaving the scene of an accident 2018

Leaving the scene of an accident is considered a crime regardless of whether the driver is at fault or not. Liability for leaving the scene of an accident in 2018 includes deprivation of rights, arrest or a fine.

To avoid punishment, the driver must remain where the incident occurred and wait for law enforcement officers to arrive.

Hiding from the scene of an accident is a punishment under Article 12.27 of the Code of Administrative Offenses of the Russian Federation

There is no fine for leaving the scene of an accident without injuries. Punishment - up to 15 days of administrative arrest or withdrawal of rights for a period of one and a half years.

To avoid such liability, you must act in accordance with the law. The traffic rules in paragraph 2.5 of the Decree of the Government of the Russian Federation dated October 23, 1993 No. 1090 (as amended on December 19, 2014) say that after a traffic accident occurs, each of those involved must stop the vehicle, turn it off, turn on the hazard warning lights and display an emergency sign at a distance of at least 15 meters in populated areas and 30 outside the city or village. The driver has the right to increase the minimum distance by whatever he considers necessary in order to protect other road users.

If these duties are not fulfilled, the driver will be fined 1,000 rubles.

Notification of an accident

A notification is an act that contains information about the accident and the liability of those involved. It confirms the innocence or guilt of the driver. Filling it out will save a lot of time when trying to obtain liability through the insurance company.

If the second participant in the accident refuses to fill out the form, you can do it for him, indicating in it the contacts of witnesses, car make, number, full name. To claim compensation, send both forms to the insurance company. If you do not have a sample form with the act, you have the right to use the form of other drivers.

In what cases is deprivation of rights for fleeing the scene of an accident provided?

If the driver fled after a traffic accident, the opportunity to drive a vehicle will be taken away for 1-1.5 years; if a protocol is drawn up, you will be asked to visit the traffic police by sending a summons or sending a local police officer to your registration address.

An administrative case is formed if one of the accomplices or witnesses testifies against you. To do this, someone must record your license plate number or description of the car, which will be entered into the traffic police database. The case will then go to trial.

If the culprit driver was found quickly (in less than 24 hours) and he refused to undergo an examination to detect excess amounts of alcohol or drugs in his blood, he faces liability in the form of a fine of 30 thousand rubles or deprivation of rights from 1.5 to 2 years.

Any accident should be considered on an individual basis; to obtain competent legal advice, consult with a specialist. A detailed list of lawyers is here:

Search for cars that fled the scene of an accident using the traffic police database

The search will be carried out only if, after a road accident, one of its participants called an inspector, with him a map of the accident was drawn up and signed and witnesses were interviewed. After this, the traffic police will try to find the culprit, hand him a summons and ask him to come to the department.

They do not have the right to oblige them to do this, so the injured party is left with two options:

Wait and hope for the reliability of the guilty party in hiding;
Go to court immediately;
Hire lawyers to work with the insurance company to compensate for losses.

If the initiator of the accident is found, he will be charged with a violation of 12.27 of the Code of Administrative Offenses of the Russian Federation and will be temporarily deprived of his rights. Issues of compensation are resolved in court or peacefully.

If both participants in an accident left the scene of the accident, who is to blame?

Nobody. If the drivers left the location of the traffic accident, it will be almost impossible to defend their position in court. All that you or other people involved can be charged with is punishment for hiding and leaving the location of the accident.

In case of this scenario, you can count on no more than 25 thousand rubles in compensation from the insurance company under compulsory motor liability insurance. To process and receive full compensation for damage, you need to wait for the traffic police officers and draw up a diagram of the road accident.

How to avoid liability for leaving the scene of an accident?

You cannot evade responsibility after a traffic accident, but if this has already happened, you have three options for the development of events:

Wait until the duration of the consideration of the case ends;
Voluntarily report to law enforcement agencies;
Contact the other party involved in the accident and agree on a peaceful solution to the problem.

The first option is the riskiest in terms of liability. You need to wait a year until the duration of the consideration of the administrative liability case ends. Three years must pass before you can be forced to comply with a claim for compensation for damages due to a traffic accident.

The second and third options are the most optimal. Repentance and voluntary admission of guilt mitigates the punishment. To understand which scenario is best for you, consult with a legal professional.

Remember that leaving the scene of an accident without noticing is no different from deliberately avoiding responsibility.

If the culprit of an accident fled the scene, how to get insurance?

If the culprit of the accident fled the scene of the accident, there is little chance of getting insurance, but they do exist.

To do this you need:

Put the car on the handbrake, do not move it, do not collect debris;
Wait for the employees and sign the accident map they compiled;
Provide all the data that will help find the culprit of the traffic accident (number number, description of the car, testimony of witnesses, record from the registrar);
If the escaped person is found and his OSAGO policy turns out to be active, insurers will be required to pay compensation. If not, go to court and demand that the culprit be brought to justice.

I scratched someone else’s car, but didn’t notice it myself and left the scene of the accident, what will happen?

More often than not, there is no liability. But if the injured driver is a principled person, he will try to find the culprit’s car with the help of the traffic police or on his own.

If the initiator does not get rid of the traces of the crime (traces from the accident) by that time, the injured party will call the squad, the employees will come and prohibit repairing the car until the examination. After it there will be a trial and a decision to force the culprit to pay compensation or refusal to do so.

If you are being slandered and you have not been involved in any traffic accidents, the chances of losing in court and being held liable are extremely small. To increase your chances of defending your position in court, consult with lawyers.

Paying traffic police fines in the first 3 days implies a 50% discount, so even if you don’t have money, it’s better to take out a payday loan and pay off the receipt, especially since microfinance organizations provide interest-free loans. Suggestions here: