The court overturned the traffic police decision, what next?

Road accident. The court overturned the decision. Who to sue?

Preface about the accident:

I, moving in the left lane, saw an obstacle and turned on the turn signal without stopping, changed to the right lane and began to pick up speed after driving 15 meters, unexpectedly for me, a gray car slowly changed lanes from the left lane to avoid an accident, I suddenly stop and get hit in the rear bumper. The inspector gave me a violation of 12.14, part 1, obstructing a lane change.

The regional court canceled the protocol “for lack of evidence” that was issued to me and, accordingly, relieves me of blame for the accident.

The traffic police materials currently indicate that the first participant did not violate traffic rules, and the second (me) is not guilty. The traffic police told me to go to COURT.

Which court should I sue and against whom? What to write in the application?

Clarification from the client

The insurance company needs to have a culprit. I need to go to court so that the second participant is found guilty.

Clarification from the client

1. There was an accident for which I was found guilty.

2. I contacted the traffic police department for a new trial because the inspector did not link the video recorder to the case. The same inspector examined it and left everything in effect.

3. I applied for the cancellation of the decision to the district court, I was alone at the trial, the judge left the decision unchanged.

4. filed against the decision of the court of 1st instance to the regional court, the judge canceled the decision.

5. The traffic police now have 2 innocent people on their certificate.

I want to write a statement to the court so that the person who “ran into my ass” will be recognized as the culprit of the accident.

Hello, Maxim. People don’t just “go to court.” In connection with what and against whom do you want to file a claim?

I need the other party to be found guilty in order to receive insurance.

You cannot go to court simply to find someone guilty. Please contact the insurance company first for insurance compensation. Having received a refusal, assess the amount of losses and file a claim in court against the insurance company and the person who caused you harm for damages. The person who accidentally crashed into the rear bumper should be involved as a third party. Although the issue is debatable, the one who was driving behind had the opportunity to prevent the accident, but it is not known. Perhaps it would be better to name all participants in the accident and the insurance company as defendants.

The court, resolving the case and establishing who exactly is to blame for the accident, will recover damages only from those at fault. If the driver driving behind is innocent, recovery from him will be denied. In general, an “extra” defendant will not spoil anything.

There is no necessary information for more accurate conclusions.

If a written refusal from the Investigative Committee has already been received, immediately contact the court. Of course, having previously assessed the extent of the damage.

It's clear. I think you will agree with me that the cause of the accident was the driver who suddenly started changing lanes without making sure that this maneuver was safe? But the one who was driving behind may not be guilty at all if he did not have the opportunity, like you, to avoid an accident?

“Rided into the backside” is an indisputable argument of guilt only for the traffic police. The court has yet to prove or disprove this.

As for the driver who suddenly changed lanes, the fact that he escaped administrative punishment is not proof for the court that he is not guilty.

What is established by the protocol (the driver’s guilt) is not yet a prejudice for the court. The court will independently evaluate these circumstances and independently draw conclusions about the guilt of each of the participants in the accident.

Except you, of course. In your regard, the fact of absence of guilt has already been established by a court decision that has entered into legal force.

Objectively, the guilt of the other two drivers is questionable. And only the court can establish it.

Therefore, I recommend filing a claim against three defendants - SK, and both drivers.

Contact the location or residence of any of the defendants, of your choice.

And was a report drawn up against the one who “caught up” with you from behind, and a decision was issued against him?

According to the current status, we are mutually at fault for the accident.

In this regard, contact the insurance company with an application for payment of the insured amount.

If the insurance company refuses to pay you, then go to the district (city) court if the cost of the claim is more than 50,000 rubles. If the cost of the claim is less than 50,000 rubles to the magistrate.

You can file a claim either at your place of residence or at the place of residence of the defendant or the location of the insurance company.

You file a claim against the driver and the insurance company. Ask the court to establish the fault of the second driver in the accident and to recover the amount of damage from the insurance company.

The law does not provide for going to court to determine who is at fault for an accident.

You must either file a claim against the Defendant (driver) to recover damages and establish his guilt, or against two defendants at once (insurance and driver), which is much more profitable, since the insurance company is obligated to pay 50% under this status now.

Instead of a ruling in a case of an administrative offense or a ruling to terminate the case, you submit a court decision to cancel the ruling, according to which you did not violate traffic rules, and therefore the insurance company is obliged to compensate for the damage.

And since the second driver did not violate any traffic rules, this is 50% of the amount.

Next, start a dispute as indicated above.

And as my colleague correctly explained, first submit a written claim to the insurance company.

Dear Maxim! Hello! So, have you looked into CASCO or OSAGO? If it is not your fault, there was no harm to anyone’s health, then you have every right to apply for insurance compensation under compulsory motor liability insurance from your insurance company. Most likely, you will be denied because you missed the deadline for filing an application (five days), then go to court, where the Defendants will name the Insurer and the owner of the vehicle that drove into you. In any case, you need to describe the situation more fully, as well as reset all the documents you have regarding the accident.

Dear Maxim! In addition to the opinions of respected and professional colleagues, please consider the following:

also in order, submit a statement and notification of the accident to your Insurer. Next, wait for the Insurer’s decision and, after refusing payment under compulsory motor liability insurance, go to court. You can also contact an independent appraiser and receive a corresponding report on the amount of damage caused to you. I advise you to contact a competent auto expert, especially in the area of the circumstances of an accident.

In any case, the court will raise the question of ordering and conducting a comprehensive forensic auto technical and auto product examination.

Maxim, good afternoon.

First, you submit a claim to the insurance company. Submit your application to your insurance company. Upon request, you may be denied payment of insurance compensation.

After which you must comply with the claim procedure - submitting an insurance claim for consideration.

1. Before filing a claim against the insurer containing a demand for insurance payment, the victim is obliged to contact the insurer with a statement containing a demand for insurance payment or direct compensation for losses, with documents attached to it, provided for by the rules of compulsory insurance.

After 5 days after filing a claim, you can file a claim in court. And in court the guilt of the person will be determined.

22. If all participants in a traffic accident are found responsible for the damage caused, insurers make insurance payments to compensate for damage caused as a result of such a traffic accident, taking into account the degree of guilt established by the court of the persons whose civil liability they insured.
Insurers make an insurance payment to compensate for damage caused to the victim by several persons, in proportion to the degree of guilt established by the court of the persons whose civil liability they insure.
In this case, the victim has the right to submit a claim for insurance compensation for the harm caused to him to any of the insurers that insured the civil liability of the persons who caused the harm. An insurer that has compensated for damage jointly caused by several persons has the right of recourse provided for by civil law.
If the degree of guilt of the participants in a traffic accident is not established by the court, the insurers that insure their civil liability bear the obligation established by this Federal Law to compensate for damage caused as a result of such a traffic accident in equal shares.

The insurance company may pay you half the amount calculated by the expert.

Just when going to court, keep in mind that there is a risk that you may also be found guilty.

The court overturned the traffic police decision, what next?

More often than not, they don’t even bother with it. Brought it - they pay. They can wait if the culprit came and said that he would appeal or the puncture contains a mark of disagreement with the violation, otherwise they won’t be able to track everything.

Not not guilty, but not involved in the administration.

responsibility.
The culpability of the losses will be proven in court - you file a claim in which you justify what, how and why (you can order an auto technical examination so that they can write to you who violated what) + you make an assessment, preferably notifying the second participant and your and his insurance company - this is to determine the amount of the claim . If you write something in a personal message, we’ll do both.

How will the case be re-examined?

as well as analysis, if then I am found guilty again (there is a suspicion that the second participant in the accident became innocent due to an acquaintance) and should I go to court again? Or will there be a repeat analysis at the central traffic police?

2) I want to ensure my innocence, is this option possible?

or the maximum I can get is mutual?

Driven Mileage: 281 With us since: 23.

How to cancel a decision on an administrative offense of the traffic police

When drivers in our city violate traffic rules, and this is recorded by a police officer, they have to pay a fine. But what if you don't agree with him? What if you did not violate anything, but a report was drawn up against you and you were given an order to pay monetary compensation?

Is it possible to challenge a traffic police decision?

Is it worth finding out the details of this process, what documents are needed for this, where to apply and what deadlines should be met?

Question: There was an accident. The traffic police found the second driver guilty.

He appealed the traffic police decision. The court overturned the traffic police decision and accused me.

I heard that it is almost impossible to overturn a court decision.

Is it so? However, once again I would like to draw your attention to the fact that traffic police officers do not determine who is at fault in an accident.

In practice, a large number of traffic police officers do not know this, therefore, when determining the culprit in an accident, they unknowingly try to take on the mantle of a judge.

The court determines who is responsible for the traffic accident.

So, a decision was made against you to bring you to administrative liability, for example in the form of a fine or deprivation of the right to drive vehicles for a certain period.

In the first case, the decision was made by the traffic police department, in the second - by a magistrate or federal judge.

You have a strong desire to protest these acts, but do not know how. Let's figure it out.

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Let me remind you that on February 6, 2012, I received the first traffic police fine in my life for allegedly not letting a pedestrian pass, in the opinion of Sergeant Evgeniy Lapshin, when turning right at the intersection of Amundsen and Bardin streets (city of Moscow).

Ekaterinburg). My arguments to the inspector that the pedestrian who was crossing the road from left to right at the time of completion of the maneuver was still about 3 meters away had no effect.

I appealed the traffic police decision in court, they were sent back to the traffic police for consideration - what to expect?

As always, Vakhitovsky is at his best.

It was exactly the same with us. The traffic cops made a decision, the court overturned it, the traffic cops again made the same decision, and again I had to appeal.

True, the second time there was no trial as such. The decision was canceled, the case was immediately closed: now I’ll look for a complaint. By resolution of the head of the State Traffic Safety Inspectorate of the Vakhitovsky district of Kazan, police major Savin M.A.

Lawor › Blog › The procedure for appealing the protocol and resolution of the traffic police

It is necessary to distinguish a protocol from a resolution. The first thing a car owner needs to do is check which document was drawn up by the traffic police officer.

Depending on this, the actions of the motorist will vary. Let's look at both of these cases in order. First you need to decide which body will consider the case.

If a motorist faces deprivation of a driver's license or arrest, the case will be heard in court.

The court overturned the traffic police decision, what next?

Hello, in this article we will try to answer the question “The court overturned the traffic police decision, what next.” You can also consult with lawyers online for free directly on the website.

A. filed a complaint in court, in which he indicated that he was not the owner of the car brand “... state registration plate..., since this car was sold on June 24, 2014 and he did not drive it on June 26, 2014 (l. d. 1).

Based on the foregoing, in connection with significant violations of the procedural requirements provided for by the Code of the Russian Federation on Administrative Offenses and guided by the provisions of Art.

The court overturned the traffic police decision

If you decide to invite witnesses who have not previously participated in the preparation of the protocol and whose data is not in your case, then, most likely, the court will be critical of their testimony, or will not allow them to be questioned at all.

In the dark, in the evening, Lev moved along the 1st Line of V.O.
The road was in terrible condition, the traffic was very dense. At an unregulated pedestrian crossing, a boy unexpectedly ran out, followed by his parents. Without having time to brake, Lev hits pedestrians. Pedestrians suffered minor to moderate injuries. The investigators opened a case under Part 2 of Art. 12.24 Code of Administrative Offenses of the Russian Federation. Important! If the deadline for paying the fine passes, this amount is doubled. Therefore, we do not recommend delaying the challenge process.

The procedure for appealing a traffic police decision

Or, when purchasing plane tickets to another country, you learn that you do not have the right to travel outside the Russian Federation.

As part of a court case, an examination can be carried out, which will reveal the fact which of the participants in the accident violated the traffic rules.

Due to his failure to appear, the hearing of the case was postponed to May 4 at 12:00, i.e. for today. Today I came to court again, the assistant judge said that I needed to wait about 20 minutes, the inspector called and said that he would be delayed. I waited these 20 minutes, then the judge came, began the hearing of the case and immediately announced that the case of an administrative offense against me was being closed for lack of evidence, because.

The driver is not obliged to accept a decision with which he does not agree. You can request the protocol and begin the appeal process with a copy of it. But what if you didn’t come to your senses in time and still signed the decree and took it away?

When will a traffic police fine canceled by a court decision disappear? - Lawyers

So, a decision was made against you to bring you to administrative liability, for example in the form of a fine or deprivation of the right to drive vehicles for a certain period.

When I came home and started to figure it out, I realized that I had been duped like a sucker. It was due to the fact that I am a law-abiding driver and have never encountered traffic cops in this way before. But everything happens for the first time. The traffic cops behaved quite politely, and this is how they bribed me.

However, something new appeared and I decided to grab onto it. At the meeting, the company commander read aloud to me (he did not give it to me) the inspector’s explanations for my complaint, in which the inspector wrote that at the moment when I decided to complete the maneuver, “the girl pedestrian had already crossed the middle of the roadway.”

To do this, you must first take into account the deadlines for appealing. Usually this period is 10 days from the date of receipt of the decision, or a copy thereof.

Expert: The court overturned the traffic police decision, what next?

As a rule, ten days are given to appeal such a document from the date of its receipt. It is best to carry out this procedure as soon as possible.

Indeed, we do not always drive our own cars. You can give the car to a friend for a ride, rent it out, hire a driver, etc. It would probably be unfair in this case to punish the car owner for the sins of others.

With such a basis for the decision, I am afraid to go to court with a claim to find the second participant in the accident guilty and pay money. funds? It seems that the guilt was cleared from me, but there was some reason... Or should I calm down and simply take the decision with a note of entry into legal force to the insurance company and both I and the second participant in the DPT will be left without payment?

Once such a basis exists, it finds its application. In this case, the sequence of actions is approximately as follows.

Despite the available alternative in the first case, we do not recommend contacting higher authorities or officials - the reasons, I think, are clear to everyone: the repeal of a resolution, albeit illegal, still spoils the department’s statistics, hence the reluctance to figure out who is right, who is guilty.

Although the devices have all certificates and comply with state standards, malfunctions occur very often. Details of how violations are recorded by cameras.

Minor include :

Grammatical errors and typos; Failure to comply with the deadline for drawing up the protocol. Guided by Part 1 and Part 2 of Article 28.5 of the Code of Administrative Offenses of the Russian Federation, the protocol must be drawn up on the spot without delay or within 2 days from the moment the offense was committed. But, according to the decision of the Plenum of the Supreme Court No. 5 of March 24, 2005, the established period became prescriptive and its violation is now insignificant;
Shortcomings committed during the preparation of the protocol. Can be corrected during the consideration of the case (for example, inaccuracy of information about the date, time of the offense or information about the violator);
Incorrect classification of the offense specified when drawing up the protocol. The final classification of the offense is made by the body making the decision.

Alexey, not understanding what to do next, intended to defend his interests and get the car driver found guilty of the accident. On the advice of driver acquaintances, I turned to the Avtoadvokat.rf company for legal assistance.

Please tell me - in what order should a fine be canceled by a court decision and should fines found to be unlawful be removed from the database? And if they should, then on the basis of what legal acts? Cs53 07/23.

What can bailiffs do if you refuse to pay?

If payment of the fine has not occurred within sixty days from the date of its issuance, traffic police officers have the right to draw up a report on the offender, in accordance with Article 20.25. It does not at all follow from this that since the decision was canceled regarding the guilt of one, it means that the other is automatically guilty.

When choosing this option, you must first prepare a complaint within ten days from the date of receipt of the decision. The completed complaint must be sent to the immediate supervisor of the employee who issued the appealed decision within the same period.

A person brought to administrative responsibility is not required to prove his innocence, except for the cases provided for in the notes to this article.

You will learn about current changes in the Constitutional Court by becoming a participant in the program developed jointly with Sberbank-AST CJSC. Students who successfully complete the program are issued certificates of the established form.

Studying the materials of the requested case of an administrative offense and the arguments of the complaint of Danilov V.A. allows us to come to the following conclusions.

The court overturned the traffic police inspector's decision. what's next?

There is nothing illegal in the above algorithm; this is, in fact, one of the ways to protect rights, and, as you know, we can protect them by all legal means. But there are several “BUTs”.

You need to know that 10 calendar days are allotted for appealing a decision on video recording, from the moment it is received by mail by the motorist.

It all depends on who gave you such a decree. It is necessary to consider different cases and what to do in each of them.

You received a traffic report from a traffic police officer.
If the resolution has not yet been issued, submit a petition to the boss and ask him to cancel the protocol. Your case must be reviewed, and after that you will make a further decision. If the case is decided in your favor, you can move on with your life. And if not?
The resolution was issued by the district or city traffic police department.
In this situation, such a decision can only be appealed through the court. We will discuss later how to challenge the traffic police decision in court. For now, it’s worth figuring out exactly in what sequence and where to apply. If you follow this plan, it will be legal and logical and you will be able to avoid unnecessary legwork.

The Code of Administrative Offenses (Code of Administrative Offences), on the basis of which the documentation of traffic violations and bringing motorists to administrative liability (fines), clearly regulates the process of appealing the traffic police decision on video recording.

How to cancel a decision on an administrative offense of the traffic police

According to the said resolution, on June 26, 2014 at 20:31:26 at the address: Nizhny Novgorod region, Dzerzhinsky district, village.

As for those who do not have open bank accounts, they will be subject to new sanctions or seizure of property. However, if a person does not live at the place of registration and it is not possible to find him, he will not be able to avoid punishment, since the two-year period is not applicable in this case.

Deadline for appealing the decision

If a decision on an administrative offense comes to your name, but you did not commit it, then you must urgently appeal it.

Any witness who will be questioned in court in an administrative offense case must tell the truth.

The court overturned the traffic police decision, what next?

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A decree on deprivation of a driver's license for drunkenness or another offense is a document confirming the adoption of an appropriate decision by a judicial body authorized to consider cases of this category.

The culpability of the losses will be proven in court - you file a claim in which you justify what, how and why (you can order an auto technical examination so that they can write to you who violated what) + you make an assessment, preferably notifying the second participant and your and his insurance company - this is to determine the amount of the claim .
As always, Vakhitovsky is at his best. It was exactly the same with us. The traffic cops made a decision, the court overturned it, the traffic cops again made the same decision, and again I had to appeal.

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According to the lawyer’s assumption, most likely no one from the traffic police will come to the trial, a fine of 1000 rubles. they are unlikely to be interested. And if there is no video, then there is no evidence of my guilt. And even if there is a video, it will be clear that I did not violate 13.1. Validity period for traffic police fines and what happens if you don’t pay the fine? The statute of limitations for fines not paid to the traffic police has a limited time frame of two years.

If the driver does not agree with the violation charged to him, then a protocol must be drawn up, which is then reviewed in the analysis group, the participant provides evidence of his innocence, and based on this analysis, either a resolution is issued or not. In my case, this step was omitted; I was deprived of the opportunity to prove my innocence.

The procedure for appealing a decision on an administrative offense of the traffic police

Deprivation of rights, as a rule, is dealt with by magistrates at the place of residence of the defendant (driver), but in some situations the case may be transferred to a district or city court.
Please tell me - in what order should a fine be canceled by a court decision and should fines found to be unlawful be removed from the database?
And if they should, then on the basis of what legal acts? Cs53 07/23. Is it worth finding out the details of this process, what documents are needed for this, where to apply and what deadlines should be met?
Traffic police for allegedly not allowing a pedestrian, in the opinion of Sergeant Evgeniy Lapshin, to turn right at the intersection of Amundsen and Bardin streets (Ekaterinburg). My arguments to the inspector that the pedestrian who was crossing the road from left to right at the time of completion of the maneuver was still about 3 meters away had no effect. Moreover, taking advantage of my illiteracy, the inspector did not issue me a protocol, but immediately issued a fine (according to a simplified scheme). He said that there was a video of my violation, but he could only show it if I appealed. So I signed the resolution in order to subsequently appeal and, with the help of a video recording, prove that I was right.

It doesn't matter, it doesn't affect anything.
They will return it. Moreover, if the insurance companies are different, then they most likely will not even know who received what there (although with the current direct compensation the options may be different). Many people then spoke critically about the possibility of challenging the ruling. They say yes, according to the law you can appeal within 10 days, but I signed that I do not dispute the existence of a violation.

I drove calmly and didn’t bother anyone. I stopped at the intersection, on the far right to turn right. There is still a car in front of me. The light turns green, I turn. There is an unregulated pedestrian crossing on the roadway I am crossing, so I slowed down - there are no pedestrians on the road, so I drove on... And then the IDPS runs out from behind a parked car in order to get to know me better. The period allotted for voluntary payment of a fine is known. How long it takes for traffic police fines to expire is known. After the deadline for filing an appeal, the debtor is given 60 days to voluntarily pay the fine.

The procedure for appealing a traffic police decision on an offense

After considering all the evidence presented, a court decision is made to deprive the driver’s license for a certain period established by the relevant regulations.

The issue of depriving a driver of the right to drive a car is decided by the court, which, after considering the evidence presented, makes an appropriate decision.
I stop, I don’t remember whether he introduced himself or not, I didn’t hear, but he asked for documents clearly and distinctly. I handed over the documents. When I asked what happened, it turns out that I did not let the pedestrian pass. Taking advantage of the invitation of the IDPS to sit in their car (after standing in a short line), I ask them to show a video recording of which the IDPS, sitting in the car, shows a freeze frame on the video camera. On the left is my car, on the right (on the opposite side of the road) a girl comes out onto the road. Please play the recording further: there are 5 meters between the car and the pedestrian, i.e. She walked with a brisk step and walked, I did not interfere with her at all.

When drivers in our city violate traffic rules, and this is recorded by a police officer, they have to pay a fine. In what situations can your driving license be revoked? What does a court order look like and what should be included in the document? Is it possible to appeal a court decision? Read on.

Or should I calm down and simply take the decision with a note of entry into legal force to the insurance company and both I and the second participant in the DPT will be left without payment? Tell me, please.
More often than not, they don’t even bother with it. Brought it - they pay. They can wait if the culprit came and said that he would appeal or the puncture contains a mark of disagreement with the violation, otherwise they won’t be able to track everything.

In the first case, the decision was made by the traffic police department, in the second - by a magistrate or federal judge. You have a strong desire to protest these acts, but do not know how. Let's figure it out.

Nevertheless, I decided to try: I filed a complaint against the decision to the Leninsky District Court (Shchorsa St., 68) and in parallel 2 identical complaints (one to the city traffic police, the second to the SSB) against inspectors who exceeded their official powers in that that despite my objections they issued a resolution instead of a protocol. I planned to take proof of the fact of abuse of authority from the video recorder in the traffic police car. Yes, then I was very naive about this. I have heard a lot of news that traffic police cars are equipped with video cameras that record both outside and inside. But it turned out that this was only in Moscow, and even then it was only in plans.

First you need to decide which body will consider the case. If a motorist faces deprivation of a driver's license or arrest, the case will be heard in court.

After consulting with a lawyer (a friend of friends, however, such cases are not her specialty), I decided to go to court with a complaint. Since I am far from a lawyer by training, I began to study the Internet on the subject of “what and how to do this?”

It is necessary to distinguish a protocol from a resolution.
The first thing a car owner needs to do is check which document was drawn up by the traffic police officer. Depending on this, the actions of the motorist will vary. I stopped at the intersection, on the far right to turn right. There is still a car in front of me. The light turns green, I turn.

However, if it was not possible to recover the amount of the imposed fine within two years, it is canceled and it is impossible to file claims against the debtor for its payment in the future. That is, no government body has the right to make any claims against the debtor for payment of the fine after this period of time. What should I do next? With such a basis for the decision, I am afraid to go to court with a claim to find the second participant in the accident guilty and pay money.

There are 3 options for the development of events:

The citizen did not file an appeal - the resolution acquires legal force 10 days after receiving it or a copy in hand;
The citizen filed an appeal, but the court left the decision unchanged - the decision comes into force in the same way, after 10 days;
The citizen filed a second appeal against the court decision, but this time to a higher court and it was still rejected - the decision comes into force immediately after the completion of the trial process.

A couple of weeks later I received a call from the mountains.
The traffic police invited me to testify. I came and had a very emotional conversation with the police captain, commander of the 2nd company, who was investigating this case. He read me the explanations given by the inspector against whom I filed a complaint. From his explanations it followed that I had violated and I agreed with the fine. There was no trace of a video recorder in the inspectors' car. What he gave me as a recorder, judging by my description (a device with lights), was most likely GLONASS. I know what regular video recorders look like, but I don’t know what the official certified recorders in service with the Ministry of Internal Affairs look like. I was used to the fact that everything military from the outside looks like a brick with light bulbs, so I believed it. You shouldn't, but doing it yourself is recommended. practice shows that the court does not always send a copy of the decision to the traffic police.