Is the accident a collision in the yard?

Road traffic accident in the local area

The number of cars in the country is growing rapidly, and with it the number of road accidents. Of course, the most serious accidents occur on highways. The destructive energy of a car is proportional to its mass and the square of the speed at which it was moving. The higher the speed, the worse the consequences of the collision. Nevertheless, accidents also occur in places where few people drive fast - in particular in the courtyards of houses. The consequences are usually not severe, but you still need to register the incident. Let's try to figure out what to do if an accident occurs in the yard.

Which incidents involving cars in yards are considered traffic accidents?

If something happens to your car in the yard, the question immediately arises of what to do. First of all, you need to understand how to classify an incident. Subconsciously, we are accustomed to classifying all accidents involving motor vehicles as road traffic accidents, but from a legal point of view this is incorrect. You need to understand what kind of event is considered an accident.

Road traffic accidents include such incidents on the road that caused damage to the health or life of people, cars and other property and that are associated with the movement of vehicles. The determining factor for establishing an accident is the fact that at least one vehicle is moving.

The question is often asked whether a collision in a backyard constitutes an accident. From a legal point of view, a car collision is always a traffic accident. According to the law, a collision is an event in which several moving motor vehicles collide. Collisions with stationary vehicles, bicycles, and horse-drawn vehicles, as well as with an obstacle, pedestrian, or animal, are called collisions. Types of accidents also include rollovers, falling passengers, etc.

There is also such a thing as a minor accident. If during an event with a moving vehicle no damage was caused, for example, only dust was wiped off the bumper, this is an accident, but it is not subject to registration and registration and does not entail any consequences. In this case, you should not call the traffic police.

What kinds of incidents happen in courtyards that are not related to traffic?

Quite often events occur in courtyards that are not related to the movement of cars. For example, a driver parked close to another car and, opening the door, damaged the paintwork. Or a bottle thrown out of a window landed in a car. Such incidents cause damage, but are not related to traffic and are not road traffic accidents. In such cases, if you cannot solve the problem with your neighbors, you should call the police.

At the same time, if you damage someone else's car while getting in or out of your own vehicle or loading and unloading from it, you should not leave - you first need to solve the problem that has arisen. If you left, it will be impossible to prove later that the damage did not occur as a result of an accident. Accordingly, you will have to answer not only for the traffic accident, but also for the fact that you fled the scene.

What to do if there is an accident in the yard

Usually the yard is perceived as a place where nothing bad should happen. Therefore, in case of accidents near their own home, people get confused and do not immediately understand what to do if the accident happened in the courtyard of the house. And you need to do the same thing as in case of road accidents that occurred in any other place. The traffic rules provide for a general procedure, according to which road accidents are not separated by their place of origin.

Accordingly, the driver is obliged to perform priority actions, which include:

immediate stop of moving vehicles and a ban on traffic that was in place at the time of the incident;
identification of victims. If any are found, measures should be taken to assist them;
placing a warning triangle. In the city it is installed at a distance of 15 m from the scene of the incident;
recording the circumstances of the event;
deciding how to proceed next.

If the culprit fled the scene

The yard is a fairly quiet place. Therefore, if there are no victims at the scene of the event, the perpetrators are often tempted to leave as quickly as possible, and they often do so. This happens because many people simply do not think about what will happen if the culprit fled the scene of an accident.

Currently, every driver is required to have an MTPL policy. Thanks to this document, compensation for damage caused by the actions of the driver falls on the insurance company. Severe consequences from road accidents in courtyards are rare, so the liability for what happened is small. If you hide from the scene, you can lose your license for 1-1.5 years or find yourself under administrative arrest for up to 15 days.

If, upon leaving the house, you see that the car has been damaged and the culprit has disappeared, do not despair: there are always people in the yard and outside the windows of houses. If you wish, finding eyewitnesses to the incident will not be difficult.

If you were the culprit of the accident

If you are the culprit of a traffic accident in the yard, calm down, take priority measures and try to find the victim if he is not at the scene. Depending on the information that you can obtain from the owner of the car you damaged, the procedure for further registration of the accident depends. If the victim could not be found, call the traffic police to register the incident. Of course, you should not try to leave the scene.

How to register an accident in the yard

The procedure for registering road traffic accidents does not depend on the location of their occurrence. There are two ways to report incidents.

Registration with the involvement of traffic police officers

This method of reporting incidents is the main one. After an accident has occurred and emergency measures have been taken, the traffic police should be notified. Nowadays, they mostly call from a mobile phone, but you can find a landline and call 102 or 112. The second number is the telephone number of the Ministry of Emergency Situations, which is currently the unified emergency service. In the end, you can send a messenger to the traffic police.

The arriving traffic police officers will inspect the scene of the accident, draw up a diagram of it, conduct a series of examinations and register the accident in accordance with the requirements of the law.

Registration of an accident yourself

Currently, it is possible to avoid calling traffic police officers to the scene of an incident and register it according to the so-called European protocol. In this case, the incident must meet a number of criteria:

no harm done;
no more than two cars are involved in the accident;
both participants in the incident have valid MTPL policies;
both participants in the accident agree on who is responsible for the accident;
at least one of the participants in the incident has printed standard accident notification forms.

If at least one of these conditions is not met, it will not be possible to do without the participation of traffic police officers.

What is the liability for an accident in the yard?

The punishment that awaits the culprit of the incident depends not on the location of the accident, but on the circumstances of its occurrence and the consequences to which it led. If there were no serious traffic violations, liability will be limited to compensation for damage at the expense of compulsory motor liability insurance.

If the culprit of the accident was drunk, he will be fined in the amount of 30 thousand rubles. In addition, he will be deprived of his rights for a period of one and a half to two years.

If people were injured as a result of the incident, liability may become criminal, and the punishment will depend on the severity of the harm caused to the health of the injured persons.

Is it possible to receive insurance payments in the event of an accident in the yard?

Many people are concerned about whether an accident in the yard of a house is an insured event. It is no secret that insurance companies strive to reduce the amount of compensation paid and quite often try to evade fulfilling their obligations.

When an incident occurs not on the road, but in adjacent territories, in particular in the courtyard of a house, unscrupulous insurers often try to refer to the fact that the insured event did not occur. In this case, you should contact the insurance company with a claim. If you have not received an answer within the period established by law or you are not satisfied with it, you should file a claim in court.

Payments under OSAGO

The compulsory insurance policy for motorists of civil liability covers damage caused by its owner to third parties. That is, the person at fault for the accident will never receive compensation for damages under compulsory motor liability insurance. It is with these policies that problems most often arise regarding road accidents in yards.

The only insured event of these policies is a traffic accident. Often, insurance company employees try to evade liability by stating that an incident in the yard is not an accident. However, if an incident is registered, it is practically impossible for them to avoid liability.

The decision of a Russian court to recognize the fall of a branch onto an Opel car, hit by a Man car while maneuvering in the yard, was widely known. Therefore, if you have problems with insurance payments, stand up for your rights.

Payments under CASCO

Problems arise much less frequently with payments under CASCO insurance. The fact is that this policy does not insure the driver’s liability to third parties, but damage caused to the car. Thus, the sheer number of various types of insured events under this policy is significantly greater; it is more difficult to evade liability, so attempts to avoid it are made less frequently.

Ideally, every car owner should have both CASCO and MTPL policies. Then the damage to the car will be guaranteed to be compensated regardless of the driver’s guilt in the accident.

However, CASCO insurance is not mandatory, and due to its relative high cost, not everyone purchases it.

Finally

Road traffic accidents in yards occur quite often. From a legal point of view, they are no different from road accidents in other places. The main sign of an accident is the participation of at least one vehicle that was moving at the time of the incident. If this sign is present, it is undoubtedly an accident. Consequently, it is possible to obtain compensation for damages under compulsory motor liability insurance at the expense of the culprit’s insurance company.

Candidate of Legal Sciences. Advocate. Legal practical experience – 7 years. Specializations: Automotive law, tax law, loans and lending, compensation for damage.

Traffic accident in the yard of a house

You may be the most careful, attentive and professional driver in the world, but this will not insure your car against damage resulting from an accident in your yard. A traffic accident in the courtyard of a house is a headache not only for car owners, but also for traffic police officers. The difficulty is that such mini-accidents occur very often, but it is not always possible to identify the culprit in them, since each participant in the accident does not consider himself to be at fault.

Actions in case of an accident in the yard

In the absence of witnesses to a traffic accident, it can sometimes be extremely difficult to identify the offender. When involved in an accident in the yard, the driver is recommended to take the following actions:

Stop and put the car on the handbrake.
Turn on the emergency lights and place an emergency sign 15 meters from the incident (otherwise you will face a fine of 1,000 rubles ).
Don't change things. Before photographing and video shooting, do not move cars or parts that have fallen off them.
If there are victims in an accident, you should immediately call an ambulance.
Call the traffic police if you have a complaint against another driver.
Take photos and videos. The filmed materials must contain the license plates of both cars, details of the accident, a panorama of the yard and damage.
Draw up an accident report together with the other driver.
If an accident occupies the road and prevents the passage of cars, it is necessary to clear it (otherwise a fine of 1000 rubles is possible).
Try to find witnesses to the accident in the yard. If they cannot wait with you for the traffic police to arrive, write down their contact information.
Wait for the traffic police to arrive.

If you act in accordance with these recommendations, this will help you resolve the situation of a traffic accident in your yard as competently as possible and avoid fines.

Is a car collision in a backyard considered a traffic accident?

Statistical surveys say that most motorists cannot clearly answer the question: is a car collision in the yard a full-fledged traffic accident?

According to the traffic rules, an accident, like a traffic accident, can occur on the road and in the area adjacent to it. In fact, the yard is the adjacent territory.

Therefore, a collision of two or more cars in a yard is a full-fledged accident. This means that the road traffic accident must be documented in accordance with this fact.

Features of the Europrotocol design

Europrotocol is a document drawn up jointly by both participants in an accident in the yard without calling traffic police officers with the possibility of receiving compensation for damage.

You will save a lot of time and nerves if you draw up a European protocol. But this is only possible if all the following conditions are met:

Only 2 cars were involved in an accident in the yard;
both drivers are insured by the MTPL policy and have certificates with them;
there are no casualties;
the amount of material compensation does not exceed 400,000 rubles.

When the damage to an innocent driver does not exceed 100,000 rubles, it is permissible to draw up a Europrotocol using a paper form, even if there are disagreements. In case of damages from an accident from 100,000 rubles. up to 400,000 rub. It is permissible to draw up a Europrotocol only if there are no disagreements and using the special application “Accident.Europrotocol”.

Who is to blame for an accident in the yard?

Car collisions in the courtyard of a house very often provoke controversial situations, and it is extremely difficult to identify the culprit in this type of accident. To understand who is to blame for a traffic accident, it is necessary to be guided by traffic rules that depend on the part of the road in the adjacent territory (i.e., the yard) on which the incident occurred.

If one road in the yard intersects with another similar one, provided there are no signposts, traffic rule 8.9 comes into force (i.e. obstacle on the right).
When leaving the yard, each car is required to give way to all other traffic participants, and when entering the yard - to pedestrians, cyclists, etc.
If the collision occurred on a section of the road on which one lane is completely or partially occupied by another car and in order to continue driving you can only use one side, then you must rely on traffic rule 11.7, i.e. The driver who has any obstacle on his side must give way.

If these rules are not followed, you may end up causing an accident in your yard.

What to do if the culprit escaped?

The only thing worse than the traffic accident itself is an accident without the culprit of the accident, who fled the scene. If you find yourself in such a situation, then try to remain calm and act in accordance with the recommendations that will help you turn the unpleasant incident into your favor.

If the culprit of an accident in the courtyard of a house fled the scene of the crime, then you must act as follows:

Limit the scene of the incident 15 meters with signposts. Turn on the hazard lights.
If you managed to notice the culprit of the accident, then try to photograph his car, license plates and any details that would later help you find him.
Do not change the position of the car after an accident in the yard. All consequences of the accident must remain unchanged in their places. Take photographs of the scene of the accident and try to depict in as much detail as possible the diagram of the traffic accident that occurred.
Try to find witnesses to the incident. Traffic police officers will need their coordinates. If it is possible to obtain video materials from home cameras or DVRs of passing cars, then collect them and also provide them to the traffic police officer.
Call the traffic police to the scene of the accident to conduct further investigation of the incident.

The driver who fled the scene of an accident in the courtyard of the house will be brought to administrative responsibility. He faces arrest for up to 15 days, as well as deprivation of rights for a period of 1 to 1.5 years and, of course, financial compensation to the victim.

What to do if you are the culprit of a traffic accident in your yard?

Neither experience nor driving class often insures against unforeseen traffic accidents. If it just so happens that you were the culprit of an accident in the yard, then the best thing you can do is admit your guilt and meet the injured driver.

Mark the accident site with emergency signs.
Try to reach an amicable agreement with the injured driver.
If there is a need to agree on the amount of financial compensation for the victim at the scene of an accident in the yard, you have the right to do so. The law does not prohibit such transactions. You can transfer the amount, but be sure to get a receipt from the driver stating that he is fully satisfied with the compensation received and will not subsequently have any claims against you. If you do not have the required amount with you, exchange your passport data and transfer the amount to the victim by bank transfer. Of course, all receipts should be kept.

OSAGO insured event

Car owners who have an MTPL insurance contract can receive compensation for an accident in the yard only if these conditions are met:

the incident happened in the yard, i.e. on the territory adjacent to the road (accidents on private territories are considered separately)
two cars were involved in the accident;
you are the victim;
the culprit of the accident is known.

You can count on compensation under compulsory motor liability insurance in all cases, with the exception of the following points:

when a car is damaged due to the intent of the victim;
if the car is damaged due to a nuclear explosion or radioactive detention;
upon receipt of damage due to active hostilities;
when receiving damage due to the civil war that broke out in the country, i.e. popular unrest, riots, etc.

CASCO insurance case in case of a traffic accident in the yard

Car owners who have a CASCO insurance contract have protected their car from damage of any kind. It doesn’t matter where the accident occurred, who is to blame, what the consequences are, or how many people were involved in the collision. Under CASCO insurance, it is also not necessary to have a culprit. Even if in the event of an accident in the yard of the house he disappeared and his identity could not be established, you will still receive compensation.

Accident in the yard involving a cyclist

In a car-bicycle accident, the driver is most often at fault. You should know about an important rule: a pedestrian or cyclist is always right in the yard, and the driver is always to blame. The yard is a pedestrian area, which means the cyclist, and especially the child, will be in charge there.

If you happen to collide with a cyclist, then all further developments will depend entirely on you. Of course, we are not talking about tragic incidents with fatalities.

Let's look at cases where you actually realize you hit a cyclist.

First of all, provide the victim with first aid, call an ambulance if he needs it.
Secondly, assess the damage you caused to your bicycle in the event of an accident in the yard.
Thirdly, if necessary, try to agree with the victim on material compensation for the damage caused.

If the cyclist agrees to pay compensation, and you have agreed on its amount, then be sure to ask him for a receipt or a video message confirming that he has no further claims against you for the incident.

The traffic police should be called if:

If you couldn’t come to an agreement and you had to call the traffic police, then proceed in the same way as in the case of a collision with a car.

Please note that traffic police officers will be able to fairly assess the specifics of the incident only if all its details remain in place.

If a cyclist leaves the scene of an accident and threatens the driver with further contact with the traffic police, then these threats will not have any basis, since the victim who fled the scene of the accident can be regarded as the culprit of the collision. Of course, a call to the traffic police from home will be taken into account by the competent authorities.

Features of a traffic accident in the yard

Features of the yard as a roadway:

a lot of inattentive pedestrians (playing children, grandmothers, etc.);
tight parking;
narrow expensive;
a large number of narrow intersections.

An accident in the yard is no different from a traffic accident on any other roadway, since the yard is considered an adjacent territory. This means that the same traffic rules will apply here as on any highway.

Some of the features of moving around the yard by car include the following:

the vehicle speed in the yard should not exceed 15 km/h;
the driver is obliged to give way to pedestrians and cyclists at any place where they cross the road;
the driver must be as attentive as possible;
The driver must follow all traffic rules.

Registration of an accident in the yard of a house

There are often cases when drivers hit other cars when parking or driving in the yard. Such an incident is considered an accident (according to paragraph 1.2 of the traffic rules). Some drivers decide in such situations to simply leave the scene of the accident, wanting to avoid consequences. Punishment is provided for such actions, as this is considered unauthorized leaving the scene of an accident. Next, we will consider in detail how to act in the event of an accident in the yard, and whether it is possible to do without calling the traffic police.

Instructions for action in case of an accident in the yard

If you are involved in an accident in the yard, you must follow the following algorithm:

Stop and put the car in neutral (or handbrake).
Turn on emergency mode and, according to traffic regulations, install an emergency sign 15 meters from the accident. If you do not do this, regardless of who is guilty of what happened, you will be fined 1000 rubles.
Under no circumstances should you change the position of vehicles or other parts of an accident (for example, fallen off car parts). Everything should remain in its place until traffic police officers (or emergency commissioners) take photographs of the scene of the incident, the results of which will subsequently be attached to the case file.
If there are victims in an accident in the yard, you must immediately call an ambulance.
Next, traffic inspectors are called. This may not be done if the amount of damage is no more than 50 thousand rubles and it was possible to reach an agreement with the second participant in the accident.
If possible, take your own photographs and videos of the scene of the incident. The photographs must show the registration numbers of both participants in the accident in the yard, a panorama of the place and all existing damage.
Next, an accident diagram is drawn up. It must be agreed upon by both parties to the accident (signatures of each are required).
If possible, find witnesses to the accident. If they refuse to wait with you for the arrival of traffic inspectors, you can take their phone numbers in order to later invite them to court to testify.
The final stage of registering an accident in the yard: contacting traffic police officers at the regional traffic police telephone number or 02 (112; 020) . If the damage is minor and the drivers managed to reach an agreement among themselves, a Euro protocol can be issued. Otherwise, or if there are victims, traffic police officers are called to the scene of the accident.

IMPORTANT

Under no circumstances leave the scene of the incident in the yard. Regardless of whether you are the culprit or not, there is a severe penalty for such an action (deprivation of rights or arrest, depending on the severity of the consequences).

In what situations is it necessary to call the traffic police?

Let's consider cases in which calling traffic police inspectors is mandatory, regardless of whether the participants in the accident in the yard agreed or not:

If at least one of the above factors of an accident in the yard occurs, calling the patrol service is mandatory.

Features of registration according to the Europrotocol

In most cases, accidents in the yard are characterized by minor damage and no injuries, due to the low speed of vehicles. In such situations, you can save a lot of time and do without calling the traffic police. For such cases, the Europrotocol is provided.

If an accident in the yard is registered according to the Europrotocol, then the maximum amount of compensation is 100 thousand rubles (in the absence of disagreements and registration of the Europrotocol using the mobile application “Accident.Europrotocol”, the maximum amount increases to 400 thousand). Preliminary actions when registering an accident using this method are identical to the algorithms described above: make sure that there are no casualties, negotiate with the second driver and take pictures of the scene of the accident.

Having convinced yourself that registration is possible without the participation of traffic police officers, you need to proceed to filling out the Europrotocol. The document consists of two sides - front and back. Let's consider each point in detail. Front side:

Now let's look at the nuances of filling out the back side of the document:

TS. here the cars are assigned the letter A and B.
Circumstances of the accident. This section briefly describes the nature of the incident, indicating the date and location.
The vehicle was under control. It is indicated who exactly was driving each of the cars (owner or not).
In paragraphs 4-5 there is a dash.
Can vehicles move?
Note. Information about the availability of photo or video materials is usually recorded in this section.

For your information

The completed European Protocol for an accident in the yard must be sent to the insurance company within 5 days. In some cases, the insurer may require you to provide a vehicle for the purpose of inspection.

How is the culprit of an incident determined?

Yard accidents are often characterized by difficulty in identifying the culprit. In such situations, it is necessary to follow the traffic rules for the surrounding area.

When leaving the adjacent territory, the driver is obliged to give way to all traffic participants (including pedestrians).
Pass-through through the yard is prohibited.
You can move in the residential sector at a speed of no more than 20 km/h.
Pedestrians moving along the roadway in the yard have priority over cars.

Attention

Pedestrians are not allowed to interfere with vehicles.

Driving instruction is prohibited in the surrounding area.

Otherwise, movement in the yard is regulated by general principles (yielding according to the principle of “obstruction on the right”, speeding is prohibited, etc.). Based on the rules presented above, let's look at a few examples of accidents in the yard:

Car “A” drove into the yard, car “B” left it. Both drivers decided not to give way, which led to the collision. The driver of car “B” is to blame, since when leaving the adjacent territory, he was obliged to give way to everyone.
Car "A" was moving at a speed of 35 km/h, car "B" was moving at a speed of 15 km/h. They collided due to lack of space. Regardless of the location of the vehicles, the culprit will be the driver of car “A”, since he was speeding.
The driver of the vehicle, leaving the yard parking lot, hit a cyclist. The driver is to blame, since pedestrians and cyclists have priority in courtyards.

The culprit disappeared - what to do?

What is worse than committing an accident in the yard is leaving the scene of the accident by the culprit, especially if there are victims. Let us omit the moral aspects of such a development of events and analyze what to do in such a situation. The main thing is to remain calm. After making sure that the culprit has really disappeared (some drivers may drive away from the scene of the accident in panic), you must proceed as follows:

Limit the location of the accident with a special sign (15 meters before the car).
Activate the emergency lights on your car.
If possible, take a photo of the culprit's car - the main thing is to capture his license plates. This will help you find it faster in the future to compensate for the damage caused.
Do not change the position of the car under any circumstances. If possible, photograph the scene of the accident and draw a diagram of the accident.
If possible, find eyewitnesses to the accident. Ideally, if you can take DVR recordings from cars passing by.
After this, you can call traffic inspectors, who will conduct an investigation on the spot to identify the culprit of the accident.

IMPORTANT

A driver who fled the scene of an accident in the yard, regardless of the circumstances of the case, will be held administratively liable. According to Article 12.27 of the Code of Administrative Offenses of the Russian Federation, he is promised deprivation of rights for a period of 12 to 18 months, or arrest for 15 days. Also, regardless of the type of punishment, the vehicle of the driver who violated the law will be detained (according to Article 27.13 of the Code of Administrative Offenses of the Russian Federation).

Compensation for damage in an accident in the yard under compulsory motor liability insurance

If the driver has an MTPL policy, he can receive compensation if the following conditions are met:

The accident occurred in the area adjacent to the road.
There are only two participants in the accident.
The culprit of the accident has been identified.

There will be no compensation under the MTPL policy if damage to the car was caused:

According to the intent of the victim.
As a result of a disaster.
During military operations.
As a result of popular unrest.

CASCO insurance event

Car owners who have taken out a voluntary CASCO insurance policy receive compensation in any case, regardless of the type of territory where the accident occurred and the number of victims, and even if he is the culprit.

Under CASCO, compensation is issued even in the absence of the culprit, for example, if he fled the scene of an accident in the yard or his identity could not be established. Hence the conclusion: having such a policy can protect you from almost any force majeure.

If the other person involved in the accident is a cyclist

Most road accidents involving cyclists are largely the fault of the car driver. Without going into the details of traffic rules, we can say that in case of an accident in the yard, the truth is almost always on the side of cyclists and pedestrians. This is due to the fact that the yard is considered a pedestrian area.

Let's consider the driver's action algorithm if he realized that he had hit a cyclist in the yard:

Provide first aid if possible. This should only be done if you have at least the slightest idea about medical care. Having a first aid kit will be very useful.
If necessary, call an ambulance.
Assess the damage caused to the cyclist during an accident in the yard. If possible, negotiate with the victim on payment of financial compensation. This is possible if the injuries are not too serious and the cyclist is ready for a settlement. This development of events relieves both participants in the accident from bureaucratic delays and unnecessary waste of time.

Attention

If you have agreed with the victim of an accident in the yard to pay compensation, be sure to take a receipt from him in which he will confirm that he has no claims against you. Otherwise, after receiving the money, he may go to court, as a result of which you will once again be forced to pay monetary compensation and other sanctions will be applied (deprivation of rights, arrest, etc., depending on the consequences).

Traffic inspectors must be called in the following cases:

In your opinion, the cyclist is to blame for the accident.
The injured cyclist did not agree to pay financial compensation “on the spot” or refused to sign a receipt.
The cyclist exaggerates the damage caused to him and demands payment of compensation that is not objective in size.

If it was not possible to come to an agreement with the second participant in the accident and you had to resort to the help of traffic inspectors, you must act on the same principle as in the case of an accident with a car.

What punishment can follow for an accident in the yard

There are no special sanctions for an accident that occurs in the yard. Traffic police officers are guided by general rules regarding speeding or other traffic violations. The most severe penalties are for those drivers who leave the scene of the accident. These are the most pressing cases; many drivers drive away from the scene of an accident, hoping to remain unnoticed. For such an act, deprivation of the right to drive a vehicle is provided for for a period of 1-1.5 years. The car may also be confiscated.

As for monetary fines, they are calculated individually, based on the scale of the consequences, the number of victims and the circumstances under which the accident occurred (an aggravating circumstance is driving while intoxicated). The amount of compensation is calculated by the insurance company.

An additional fine is provided in the absence (or delay) of compulsory motor liability insurance. The fine for an expired (or missing) MTPL policy is 800 rubles.

Finally, let’s highlight a few of the most important nuances:

After receiving payment under the Europrotocol, the victim no longer has the right to make other claims for an accident in the yard.
Participants in the accident are prohibited from independently repairing their vehicles within 15 days (from the date of the accident).
If there are pedestrians among the victims, they must be marked on the diagram indicating the direction of movement. This also applies to cyclists.
Leaving the scene of an accident does not automatically mean admitting guilt.

A traffic accident in the yard of a house.

If an accident occurs in the yard, in most cases everything has to be registered with the traffic police. The first actions of drivers depend on the specific situation. Let's consider what a traffic accident is, how to register it with the traffic police, as well as the specifics of the Europrotocol and situations when it is not necessary to call inspectors to the scene of the accident.

What is a traffic accident: definition

An accident is a road traffic accident that results in people being injured or killed, or damage to cars or other property: road signs, lamp posts, etc.

Thus, an accident means any accident, even if the car was slightly damaged: small scratches were left, glass or mirrors were damaged, body parts were deformed.

After the introduction of liability for “dangerous driving,” drivers who get into an accident due to the indirect fault of other road users are still considered the only culprits: for an accident, it is important that there is contact between two vehicles, even if there is no visible damage. The maximum you can do in such a situation is to contact the traffic police with the DVR recordings. If the driver is found and charged with dangerous driving, he will have to pay a fine.

Accidents are not classified according to location. If you have an accident in the courtyard of an apartment building or even a private building, you must register it with the traffic police.

Features of registration of various accidents in the courtyard of a house

Below we will consider the features and step-by-step procedures for different types of accidents.

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Colliding with a pedestrian

A collision with a pedestrian is an accident that results in one or more vehicles coming into contact with a person crossing the road in an authorized or unauthorized place.

If faced with such a situation, drivers must do the following:

Stop the car, turn on the emergency lights and put up a warning triangle.
Approach the pedestrian and check his condition. If he cannot speak, it is recommended to determine if there are any visual signs of damage: this may be necessary for emergency assistance.
Call an ambulance. This is important to do even if the victim himself refuses medical help. In the future, he can independently go to the emergency room or hospital, and in any case you will be called to the traffic police, only in such a situation you will already be considered to have left the scene of the incident.
Call the traffic police. As in the case of an ambulance, this must be done, otherwise you will be deprived of your driver's license if the pedestrian seeks treatment at the hospital. You may be considered to have left the scene of an accident.
Take photos and videos at the scene of the incident. You may need this footage for further administrative investigation and your own protection.
Ask for contact details of witnesses. If you are not guilty and the pedestrian threw himself under the wheels, they will help you defend yourself in court.
Familiarize yourself with the incident diagram and protocol. Your signature will be required.

If you refuse to sign the protocol, this will not change anything: the inspector will transfer the documents to the traffic police for further administrative investigation and resolution of the issue of prosecution.

Only judicial authorities can hold drivers administratively or criminally liable, but decisions are made on the basis of case materials submitted by the traffic police.

If the driver fled

If you are involved in an accident and the other driver escapes, regardless of who you are - the culprit or the victim - you need to call the traffic police. This is the only way you can find the other side of the accident.

What to do if an accident occurred while you were present in the car, and the other driver fled:

Stop, put the car in handbrake or gear, put up a stop sign and turn on the hazard lights.
Try to remember the license plate number, color and make of the car. It's better to take a photo.
Find witnesses and ask for their phone numbers.
Call the traffic police to the scene. The inspectors will draw up all the documents and issue a decision to initiate administrative proceedings.
During the investigation, inspectors are required to request recordings from CCTV cameras and recorders, find the escaped driver and submit documents to the court.

Most often, drivers disappear from the spot if they are driving while intoxicated. The traffic police usually quickly catch such citizens, especially if the accident occurred in the presence of another driver.

The situation changes a little if the accident occurred in your absence and the culprit disappeared:

Inspect the car for damage. It is also worth paying attention to whether the culprit left his phone number: some people do this to resolve the situation peacefully if they did not wait for you or for some reason could not wait for the traffic police. By law they are required to call inspectors, but in practice there are other situations.
Call the traffic police, read the documents drawn up on the spot, and sign them.
Find witnesses and ask if they saw the moment of the collision. It is also recommended to take contact information of eyewitnesses.

If you do not agree with the protocol, this can be reflected in the document itself by writing “I do not agree with what I read.”

If both drivers are present

If you are involved in an accident in the yard and the other driver does not escape, the sequence of actions is as follows:

Stop and turn off the car, put up a warning triangle and turn on the light signal.
Make sure there are no casualties in the other vehicle.
Determine the nature and extent of damage. If there are no disagreements between you and the other driver, you can draw up a Europrotocol and not call the inspectors.
Take a few general photos and photograph the damage. Take a video of the accident scene, find eyewitnesses and enlist their support.
If there is a disagreement, call the traffic police. The inspectors will complete all the documents and determine the culprit.
Go to the traffic police department at the scene of the accident and write an explanatory note. In it, try to describe in as much detail as possible the circumstances of the accident: who was moving where, at what time, etc.

The culprit is issued a resolution to bring him to administrative responsibility. Depending on the type of offense, sanctions of the Code of Administrative Offenses of the Russian Federation will be applied to him, providing for fines or deprivation of a driver’s license.

If they want to deprive you of your rights for violating traffic rules, this is only possible in court. In other cases, an inspection resolution is sufficient to pay a fine.

Practical example:

There is parking in the yard on both sides of the road. Drivers drove out from each side without being convinced of the safety of their actions, which resulted in a collision. Disagreements arose between them, and one of them decided to call the traffic police.

After inspecting the scene of the incident, studying explanatory notes and recordings from the video recorder of a neighboring car that was not injured in the accident, inspectors found that one of the drivers ignored the traffic rules, according to which, when leaving the parking lot at the same time, you need to give way to the car that will be on the right (rule “ interference on the right"). The culprit has been identified and brought to justice.

If there is an accident with casualties

In the yard, accidents with victims occur extremely rarely, but there are also instructions for such a situation.

What should be done:

Stop the car, place a sign at a distance of 15 m in a populated area, 30 m outside a populated area.
Determine the number of victims, the nature and severity of injuries visually. At this time, it is recommended to call an ambulance. The dispatcher will need the data to dispatch the team. During the conversation, you should name the exact address of the accident, the number of victims - this determines how many teams will be sent.
Call the traffic police, describing the situation in detail. Inspectors usually arrive quickly to accidents with injuries or deaths.
Take photos and videos, find witnesses. If you have a video recorder, you can show the recording from it on site: this will make the inspectors’ work easier.
If the culprit is not identified, all cars are evacuated to a departmental parking lot until the circumstances are clarified.
Appear at the traffic police and write an explanatory note.

If the other driver is at fault, you may be able to recover compensation for your injuries. The amount of payments depends on the severity of the injuries and is determined in court. In case of minimal injuries to the victims, the guilty person will only be held administratively liable, and you will have to recover the money through civil proceedings.

If the culprit does not have compulsory motor insurance

Car liability insurance is mandatory for all drivers. If you do not have a compulsory motor liability insurance policy, you will have to pay a fine.

If you are a victim and the culprit offers you a peaceful resolution of the problem instead of calling the traffic police, the choice is yours. He can immediately compensate you for the damage and get a receipt from you, and you will quickly disperse. If you decide to call inspectors, you will have to fill out all the documents and go to the department to give explanations. After this, the insurance company will pay you compensation.

Who is to blame for an accident in the yard?

Determining who is at fault for the accident depends on the specific situation:

If the driver leaves the adjacent territory, he is obliged to give way to all traffic participants;
Pedestrians when moving along the road in the yard have an advantage over drivers and must be allowed through;
If the speed of movement is over 20 km/h in the yard, with a high degree of probability, inspectors may find the driver guilty of such a violation;
Violation of the ban on through traffic through courtyards. Cars must enter and exit through the same point;
Failure to provide priority when leaving a parking lot. Here the one who leaves it will be to blame;
Neglect of the “interference from the right” rule: for example, if drivers leave parking spaces on different sides at the same time and without looking.

Also, a citizen will definitely be found guilty if he left the scene of the incident. The exception is pedestrians: in 99% of cases they have an advantage and the courts take their side.

When can a Europrotocol be issued?

You don’t have to call the traffic police, but fill out the Europrotocol on the spot if:

No more than two cars were damaged in the accident;
There were no pedestrians involved in the accident and there were no injuries in the other vehicle;
The amount of damage does not exceed 400,000 rubles;
Both drivers have valid MTPL policies and there are no disagreements.

In this case, you have the right to draw up a Europrotocol and independently submit it to the traffic police immediately after the investigation at the scene of the accident.

What to do if you are the culprit?

If you are involved in an accident and admit your guilt, to mitigate liability, you can try to reach an amicable agreement with the other driver:

Determine the amount of damage yourself. If you have friends who do auto body repairs, you can offer their services and go to them for an estimate. They will tell you the exact cost of the work, which you can reimburse.
Compensate the victim for damages. When transferring money, it is important to take a receipt indicating the amount, date and place of the transaction. It is also important to indicate that he has no claims against you. If the victim subsequently decides to go to court, the receipt will protect you from unnecessary expenses.

It is possible to negotiate in this way only if there are no people whose health was harmed in the accident. If there are victims, you must call an ambulance and the traffic police.

If there are victims in an accident and you are the culprit, you need to act according to the special instructions presented earlier.

It is also important to consider that it is the responsibility of those at fault to notify their insurance companies. The notification must be submitted within 5 business days after the accident by any of the following methods: in person, by email or by regular mail. If this is not done, the insurer will pay the victim money, and then may make a recourse claim against you, and you will lose a certain amount.

If you get into an accident in the yard, the procedure is approximately the same as in case of accidents on ordinary roads. Accidents are usually registered with the traffic police, and the damage is compensated by insurance companies, but if the drivers manage to reach an agreement, the culprit has the right to pay the money voluntarily against a receipt - such transactions are not prohibited by law.

Registration of an accident in the yard of a house

Traffic accidents on highways are not uncommon. Is a collision between two cars in a yard considered an accident? How to properly report such an incident? Is it possible to leave without completing any documents?

Is a collision in the yard an accident?

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Of course, a collision between two vehicles in a backyard rarely causes significant damage. However, such a minor accident must be properly registered.

If one driver very slightly hits another car when entering a yard, this will be considered the same traffic accident as in other cases.

This is clear from the Rules of the Road, clause 1.2. This document explains most of the concepts used by motorists.

According to the above-mentioned document, an accident is an event that occurs as a result of the movement of a vehicle, resulting in damage to other cars, buildings, property of third parties or people.

The following event will not be considered a traffic accident in the yard:

the car was not moving at the time of the collision;
there was a collision between a person and a cyclist;
a man fell onto a standing car.

A tangential collision, as a result of which no damage was left, no damage was caused, and, for example, only dust was wiped off the bumper, will not be considered a traffic accident.

In this case, you should not call the traffic police, as this will be regarded as a false call.

If an incident, even a minor one, can really be classified as an accident, according to the definition from the traffic rules, clause 1.2, it is important to formalize it in accordance with the current legislation. Otherwise you will have to bear responsibility.

Where to call

If a collision, even a minor one, occurs while a vehicle is parked but one of the vehicles is in motion, the situation is considered an accident and a police officer may need to be called.

You may need to call:

to the police - 102;
to the fire service (in case of a severe collision and fire) - 101;
to an ambulance (if there are victims) – 103;
to the insurance company.

It is important to clearly understand what is considered an insured event. To receive compensation under compulsory motor liability insurance, it is important to clearly formulate your thoughts and remember to obtain all the necessary documents.

Otherwise, the insurer will try to deny legitimate payment.

What is considered an insured event:

During the collision, property damage, such as a car, was caused.
Someone's health or even life was damaged due to the impact.

Does it matter who is at fault in a minor accident? Actually yes. In addition, not everyone has a CASCO policy, which guarantees payments regardless of the identification of the culprit.

Compulsory MTPL insurance will not cover the losses incurred in all cases. Let's assume there is a victim and a culprit. Who has the right to count on insurance compensation?

This means that it is important to prove innocence either to the second participant in the accident or to the traffic police inspector, provided there is no mutual agreement to register the collision without the help of the police.

How to apply

To avoid having to pay a fine for failure to comply with the rules for registering an accident, it is important to understand what is expected of the driver immediately after the collision.

These nuances are spelled out in the traffic rules, paragraph 2.5:

stop the car;
do not change its location;
turn on the hazard warning lights;
display emergency stop signs;
do not remove anything until photos and videos are taken or the police arrive if you call them.

If there are people injured in the accident, it is necessary to provide them with emergency assistance. It is worth calling an ambulance and providing first-aid support.

Evidence may be required to prove innocence. To do this, it is worth interviewing eyewitnesses, taking their personal data or even written evidence.

If traffic police officers are called to the scene of an accident, they need to draw a diagram of the accident.

In some cases, drivers draw up this document themselves, and then drive up to the traffic police post and complete the registration of the incident.

The police should always be called if there is disagreement between the participants in the accident, or if there is no other participant. The preparation of documents falls on both drivers if they decide not to resort to the help of the traffic police.

You can fill out the Europrotocol in the following cases:

the damage is minor and can be assessed on site;
no hidden damage;
the culprit admits guilt;
there were no injuries in the accident;
Only 2 cars were involved in the accident.

Even when drawing up the Europrotocol, you should be extremely careful so that the insurance company does not later refuse to pay. You will have to draw up an accident diagram yourself.

It must contain the signatures of both drivers. It should be extremely clear from the diagram whose actions caused the collision.

There is another way to resolve a conflict situation after a traffic collision, provided that:

both drivers came to a unanimous agreement;
the person who caused the accident does not want the victim to contact his insurance company;
the culprit agrees to compensate for the damage in cash at the scene of the incident.

But we must not forget about issuing a receipt for each driver that both have no claims against each of the parties. Such a document will protect drivers from dishonesty and the risk of being accused of leaving the scene of an accident.

What to do in case of an accident in the yard of a house if the culprit escaped

There may be different situations. Suppose the driver was reversing and only slightly, tangentially, caught the paint on the car. He might not have felt it and that's why he left.

Although the driver fled, this does not always lead to the same consequences. But what should you do to get money to repair your car?

If the culprit of the accident fled the scene of the accident, you need to try to remember:

Car model;
number plates;
maashina color.

If the collision did not occur before your eyes, you can take the following measures to find witnesses:

interview possible witnesses. It happens that people manage to notice the car of an unscrupulous driver and will happily share such information;
you need to look around. It may be that there is another car nearby with the DVR recording turned on. Some stores and private homes also install outdoor surveillance cameras, which increases the chances of finding the culprit;
create an advertisement seeking witnesses to an accident. Often responsive eyewitnesses respond to such appeals.

If the victim in such a collision has a CASCO policy, you can call the police. After receiving all the necessary documents, the insurance company must compensate for all losses, regardless of the culprit.

If you have compulsory motor liability insurance, contacting the insurance company will make sense after the police find the person responsible for the collision.

Responsibility for leaving the scene of the accident

Not many people know what the penalty for leaving the scene of an accident will be. Sometimes after a collision, the desire to leave is a natural defensive reaction, but the law is ambiguous about the punishment.

In accordance with Article 12.27, Part 2 of the Code of Administrative Offenses, a driver who leaves the scene of an accident and does not properly register it may be punished in the following way:

administrative arrest for a period of 15 days;
deprivation of the right to drive a vehicle for 1-1.5 years.

Whether any of the above penalties will be applied or not depends on certain circumstances. It is important to note that for this type of offense, no monetary penalty is provided.

A traffic police inspector may impose a fine for another violation, but not for leaving the scene of an accident. Let's say the driver didn't actually see that he hit another car and therefore drove away.

If it is proven during the trial that the driver left the scene of the collision unintentionally, the charges may be dropped.

Sometimes it is worthwhile for the court to provide evidence of the reasons for leaving without waiting for the police. If the court considers them significant, punishment can also be avoided.

The following situations are not considered leaving the scene of a traffic accident:

the driver left to take the victims to the hospital. If there is evidence of this fact, the penalty will not be applied;
both drivers completed the Europrotocol, or drove away after compensating for the damage in cash and drawing up a receipt.

If a receipt was not drawn up, and one of the drivers had selfish goals, he can return to the scene of the accident, call the police and accuse the second driver of leaving the scene of an accident.

In this case, an innocent driver may suffer. He will have to not only compensate for the loss, but also bear administrative responsibility for fleeing the scene of the accident.

Arbitrage practice

Let's look at a few lawsuits over a backyard accident:

The insurance company refused to pay, believing that a collision in the yard was not an insured event. During the trial, using Article 6 of the MTPL Law, it was proven that the insurer is obliged to compensate for the damage. The company was ordered to pay 128,000 rubles to the victim.
A collision occurred with a cyclist in the yard due to the fault of a motorist. He fled the scene of the accident. His license plates were recorded. During the trial, the culprit was deprived of his rights for 1 year; due to the lack of an insurance policy, a fine was collected from him, and the driver was ordered to compensate for the damage caused in the amount of 43,000 rubles .

Proper registration of an accident eliminates problems when receiving compensation. Driving carefully can help keep such situations to a minimum!

Video: How to find the person who crashed your car.

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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