Is an accident in a parking lot an insured event?

Is an accident in a parking lot an accident or not in 2019 - an insured event

Continuing the publication of articles about car accidents, let’s consider whether an accident in a parking lot is classified as an accident or not. To do this, we will need to define the phenomenon, consider its signs and consequences. All this will allow us to determine whether there will be insurance for such an event in 2019. Reimbursement is the main issue that forces the reader to find out the intricacies of such a matter.

The material will be useful to everyone who witnessed an unpleasant incident in a parking lot or became a participant in it. A huge accumulation of cars, a limited area, distracting maneuvers are not a complete list of the reasons for such frequent collisions. If you don’t even hit anyone yourself, then where is the guarantee that they won’t “drive” into your car. Let's look at the nuances of our question.

Attention! If a parking incident is classified as an accident, there will be compensation under MTPL. If not, payment will be denied.

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General concepts and signs

An accident, according to clause 1.2 of the traffic rules, is a traffic collision of several vehicles on the road surface itself, in the roadside area. What applies to the restricted territory, what signs should an unpleasant incident correspond to?

What is an accident

It is quite obvious that all the negative actions (hitting the door, bending the mirror) that often happen in the parking lot cannot be called an accident. During an accident, there are some common signs that allow you to classify the incident into the appropriate category.

A road accident is characterized by:

participation of at least two vehicles (if one car drove into a pole - not our case);
presence of visible significant damage (a small scratch does not count);
movement of one of the cars;
hitting a pedestrian;
collision with a moving and stationary object.

We have decided on the signs. But they all work on the road. What to do if the incident happens outside the roadway. Is a traffic accident in a parking lot considered an accident? The traffic rules clearly stipulate that cases on the road and the surrounding area are considered, which includes:

places near residential buildings;
parking areas near shopping centers, business centers, stadiums and other public places;
areas for stopping cars at roadside cafes, gas stations, and enterprises;
territory of municipal and government structures.

Important! An accident in a parking lot, but if all the signs are present, is an insured event under MTPL, subject to the participants having valid insurance policies.

What does not apply to an accident?

If a car in a parking lot was damaged as a result of the actions of third parties, the elements and other unforeseen situations, then this is not an accident. However, so is the damage caused by one’s own carelessness.

The following is not considered an accident:

incidents without the participation of a vehicle;
troubles with a stationary car;
accidents without consequences in the form of damage.

Road accident under compulsory motor liability insurance

So, is a parking accident recognized as an insured event? If all the signs are present, then yes. When identifying a case, you need to pay attention to the area of the incident (collision location), the nature of the damage and the cause.

The classification and list of insured events is provided by Federal Law No. 40 on compulsory motor liability insurance, primary edition dated April 25, 2002.

Let's look at examples

First insured event. The car was parked, standing motionless near the shopping center. The driver might not even be there. The second car owner, performing a maneuver, breaks the bumper and significantly scratches the standing vehicle. So this is definitely an insurance case. The owner of a damaged car, with a valid MTPL policy, can contact his insurance company and receive compensation. If the identity of the culprit is established, the insurer may demand recourse (refund of funds) from him.

The second is not an insured event. Due to the vehicle moving in reverse, the driver did not calculate the distance and drove into a pole. During the collision, he broke a headlight and damaged the bumper. The person himself provoked the incident; it is pointless to demand compensation under OSAGO. In this situation, only repairs are at your own expense.

On a note! Compensation for compulsory motor liability insurance within the limits of 100 thousand rubles. in 2019 you can get it without involving the traffic police. Drivers have the right to take advantage of the initiative to draw up the Europrotocol.

Road accident under CASCO

As practice shows, quite a lot of incidents occur in parking lots that cause damage to the car. The MTPL policy does not cover all possible troubles. For drivers who want to expand the list of insured events as much as possible, it would be better to take out a CASCO insurance policy instead of a compulsory motor liability insurance policy.

Example: A stationary car in a parking lot falls and an icicle breaks the windshield. This is not an accident. BUT according to CASCO, such damage that was received in the parking lot is an insured event. This is due to the fact that the corresponding agreement covers variations somewhat broader than accidents.

We remind you! You can assess your situation with an Auto Lawyer for free! Call!

Under CASCO the following can be reimbursed:

road accident;
consequences of fire;
damage from unlawful actions of third parties;
damage from the elements, unforeseen situations (falling icicle);
theft;
hijacking

Example: Passing by a parked car, a person catches an advertising structure. As a result of the shield falling, a significant dent is formed on the car, and the mirror flies off. The guilty party here is the citizen who dropped the structure. But who will be in demand if the person simply disappeared. If you have CASCO insurance, you can request a refund.

European protocol for an accident in a parking lot

It should be noted that under the current compulsory motor insurance policy, if an accident occurred with the participation of no more than two persons, you can receive compensation even without involving the traffic police. If the drivers were able to agree among themselves regarding the amount of damage and other fundamental points, then they can draw up a Europrotocol.

This is a simplified documentation scheme, in which you will definitely need to draw up an accident diagram yourself. Now for the damage, the amount of damage to the car should not exceed 100,000 rubles. Until the new rules came into effect, there were only 50,000.

Conditions under which the Europrotocol can be used:

No more than 2 parties are involved in the incident.
Only material damage occurs.
There were no negative effects on the health of all participants.
No deaths.
The amount of damage does not exceed 100,000 rubles.
Both participants have insurance.
Traffic participants have a recording from a video recorder or a specialized program.

Recently, the European Protocol does not require establishing the guilty party. Compensation will be paid without this factor. The main thing is that all filling requirements are met. There are quite a lot of nuances; this is the topic of a separate article. From it you will learn how to draw up a Europrotocol. For now, we note that there must be at least two identical reports + diagrams of the incident.

Is hitting a door in a parking lot an insured event or not?

Accidents in parking lots are a common occurrence in driving practice. Unlike accidents on the highway, such a case is ambiguous from the point of view of the law. Determining the degree of damage caused in this situation has its own nuances.

From the point of view of the law: is it an accident or not?

A traffic accident is a collision between two vehicles or a collision with an immovable object. The provision on classifying an accident as an accident is regulated by the Civil Code of the Russian Federation (clause 1.2 of the Traffic Regulations).

A collision in a parking lot may be considered a traffic accident after the cause of the impact and the extent of the damage are determined. Accidents include:

hitting a pedestrian;
collision of two or more cars;
collision of a car with a static object.

If damage has not been proven, then the case cannot be considered an accident.

Traffic accidents do not include a collision between a car and a stationary vehicle whose engine has been turned off. Also, an accident is not considered to be damage caused by a driver to someone else’s vehicle.

Is an accident in a parking lot an insured event?

Whether a case is considered insurable depends not only on the extent of the damage and the position of the vehicles, but also on the type of insurance policy. Insurance companies undertake to pay compensation to the injured party in an accident, unless the culprit’s compulsory motor liability insurance contract is expired.

Decree No. 131 states that the location of the accident does not matter. This act has been in force since 2008. Conditions for compensation for damages under compulsory motor liability insurance:

The damage must have been caused by the vehicle. If the driver personally damages someone else's car, the insurance company is not responsible for it.
There must be at least two people involved in the incident. If the collision was committed on the property of the parking lot, the owner is the victim.
Evidence of the guilt of the participant in the accident is recorded using cameras and testimonies of passers-by.

If the culprit has not taken out an insurance policy, then the victim has the right to compensation from his insurance company. The company, in turn, returns these funds through the Russian Union of Insurers.

In cases where the damage was caused personally by the driver, the victim may receive payments under the CASCO policy. Many companies include in the contract a clause regarding damage to the car due to the actions of third parties.

What to do in case of an accident in a parking lot

The algorithm of action in case of an accident in a parking lot does not depend on the degree of fault of the driver. The Civil Code of the Russian Federation clearly indicates what to do in this situation. In order for a case to be recognized as insured in the future, the following rules must be followed:

Stop driving and put the car on the handbrake.
Turn on your hazard lights and put up an emergency sign on the road.
If the owner of the second car is not in the cab at the time of the accident, check whether the alarm system of the damaged vehicle is working.
Make sure there are no other cars affected. In a collision in a parking lot, the vehicle may hit adjacent parked cars.
If there are injured people, you must call an ambulance. If the victim's condition is critical, you should take him to the hospital yourself.
Assess the damage to all vehicles. Record the position of the cars, those involved in the accident, and the extent of damage using your phone camera.

If the amount of damage caused does not exceed 50 thousand rubles and the culprit is identified, then the participants in the accident can resolve the conflict using the Euro protocol.

In case of serious damage or injury, traffic police officers are required to call 112. Upon their arrival, a protocol is drawn up for further legal proceedings.

If this procedure is not followed, the insurance company has the right to refuse to pay compensation. If the parking lot belongs to a private person, he is brought in as a witness to take evidence from the cameras.

Main causes of incident examples

There are many reasons why a parking lot accident can occur. The most common include:

high traffic flow and active traffic near the parking lot;
non-compliance of parking with traffic police standards;
breakdown in the car system.

The size and design of the parking lot plays a big role in traffic safety. The width of the parking space must be at least 2.3 m.

The distance between cars is calculated so that when the door is open, a person of average build can easily walk into the gap with the neighboring car.

Lack of markings, half-erased or narrow lines (less than 10 cm), inability to maneuver due to narrow space make the parking owner guilty of an accident. In such a situation, the case is not considered insured under MTPL.

Traffic accident while driving in reverse

This type of accident most often occurs in the parking lot due to the peculiarity of the exit. Park Assist partially helps drivers avoid direct collisions by displaying road information on the monitor screen or sounding an audible warning.

However, such a program is not protected from failures. The rearview mirror is useless in poor light and bad weather conditions. If the driver drove into someone else's car due to such factors, then the incident is considered insured.

Hitting the door in the parking lot accident

According to Article 12.7 of the Traffic Rules, the driver and passenger of the car do not have the right to get out of the vehicle, provided that this will interfere with the main traffic. If the car owner hits a passing car with his door, the incident is regarded as an accident.

It happens that a driver can accidentally scratch a nearby car with a door. In this situation, it is necessary to determine the position of the cars in relation to the parking markings.

With barrier

Modern paid parking lots are often equipped with a barrier system. Drivers pay for services themselves through the terminal, which saves time.

Hitting a barrier can cause an insurance claim under compulsory motor liability insurance if the culprit is the driver. The insurance company undertakes to pay compensation to the owner of the parking lot. In case of damage to the car due to a malfunction of the mechanisms, the victim can count on payments under CASCO.

How to draw up a European protocol in case of an accident in a parking lot

If the culprit of the incident was identified on the spot and the damage is estimated at less than 50 thousand rubles, the participants in the accident can draw up a European standard protocol. List of conditions for drawing up the document:

there are no injured persons;
2 drivers were involved in the accident;
there are no controversial issues regarding the admission of guilt;
both car owners have valid MTPL agreements.

The protocol form can be obtained from the insurance company along with the policy. Rules for document execution:

cars must remain at the scene of the accident while filling out the paperwork;
the document is drawn up with a blue ballpoint pen;
The protocol is filled out by all participants in the incident.

The form itself contains information about what happened. All data must be confirmed:

The exact address, date and time of the accident are indicated.
Number of vehicles involved in the accident.
In the wounded column and paragraph 15 Comments, put a dash through, paragraph 4 is left blank.
Section 5, 6 and 8 – circle the negative.
Point 7 is completed if the incident has witnesses.
Enter all registration data in steps 9 to 12.
In paragraph 13, indicate the location of the impact; in paragraph 14, describe the nature of the damage.
Check the boxes that apply to Section 16.
The seventeenth point is intended for the accident scheme.

The European protocol must be submitted to the Investigative Committee no later than two weeks after the accident. Along with the form, the insurer is given photographs from the scene of the accident as evidence of the entered data.

Who is to blame in an accident in a parking lot?

Determining the degree of culpability of a driver is not always easy. Related factors to consider:

weather;
the environment at the scene of the incident;
the health condition of the driver who hit him.

In some situations, it is impossible to establish guilt due to the joint and several liability of insurance clients. When minor damage is caused, vehicle owners independently decide who is to blame for the accident.

If the drivers were unable to reach an agreement or the damage from the accident is too great, the traffic police officer must determine the culprit of the incident. Taking into account the accompanying factors, the cause of the accident may also be improperly equipped parking. In this situation, responsibility for the accident lies with the owner of the parking lot.

How to draw a diagram of an accident in a parking lot

An incorrectly drawn up accident diagram may result in refusal of compensation by the insurance company. The image must contain the following data:

Separate parking area where the accident occurred.
Vehicles that were near the incident site.
The direction of movement of the car is indicated by an arrow.
Road markings and signs.
Additional static objects - barrier, trash can, pole.

Street names are also indicated to specify the location of the accident. If the traffic police officers were called, then they draw up the diagram.

Is it necessary to display a warning triangle?

A portable emergency sign is displayed in front of the car in accordance with paragraph 7.2 of the Traffic Rules. The sign is placed at a distance of 15 m from the car.

Failure to comply with this rule will result in a fine. It is also a violation of the law to install a sign in a blind area for passing cars.

What if the culprit got away?

If the driver left the scene of the accident without permission, leaving behind victims and causing damage to vehicles, then this is considered a gross violation of the rules. The second driver has the right to submit an application to the DTS.

Photos from the scene of the incident must be provided as evidence. The victim follows the established procedure. In this case, you can count on insurance payments after the culprit is caught.

What is the punishment?

The driver who fled the scene of the accident violates Article 12.27 of the Code of Administrative Violations of the Russian Federation. In this case, the punishment is prescribed by the court - deprivation of rights or a fine.

If the departure was forced or caused minor damage, the traffic police officer may issue a fine or be limited to a warning.

Extenuating circumstances include continuing to move due to the possible risk of harm to passers-by or other vehicles. In this case, no penalties are imposed.

Amounts of fines

Penalties if the driver continued driving after the accident depend on the distance to which the car owner moved away from the scene of the accident. Punishment in this situation will affect both the culprit and the victim of the accident.

An accident in a parking lot - an insured event or not?

As a rule, modern shopping centers, public buildings and other large objects are equipped with parking lots. There is an opinion that when parked cars collide, a traffic accident is not recognized and the damage caused is not compensated. Is an accident in a parking lot an insured event, and what payments should victims expect? Let’s look at these pressing issues in the article.

What is an accident?

Before discussing your reaction and actions in a collision between two vehicles, let's consider what the concept of an accident includes.

A traffic accident is a collision of two or more vehicles on a road or its separate and adjacent areas.

When a traffic accident is considered legal:

The presence of two or more road users, which may result in damage to people and property.
A motorist hit a separate object (another vehicle, pole, barrier, etc.).
A motorist hit a passerby.

How does an accident with a parked car occur? The above point 2 eloquently demonstrates that another motorist may well run into a standing car and cause damage. Here is the answer to the question: can an accident happen in a parking lot? This definition is spelled out in the Law on Compulsory Motor Liability Insurance, which was introduced on February 28, 2008 in the form of Resolution No. 131. In accordance with this addition, we can answer affirmatively to the frequently asked question: - does compulsory motor liability insurance apply if an accident occurs in a parking lot? - yes, it works.

For a complete answer, we will briefly discuss what is not recognized as a traffic accident:

Offenses without the participation of vehicles.
When the vehicles are stationary (the car body is scratched by an opening door, etc.). In such cases, you should count on a CASCO agreement.
Situations where there is no property damage or loss of life or injury.

Some individuals ignorant of the rules dare to assert that the alleged stop is not considered the territory where an accident occurs. In fact, such locations as: roadside, parking lot, stop, indoor area and other areas adjacent to the main highway are its integral part. Accordingly, road accidents may occur on them.

Reasons for collision

Often, property damage occurs in parking areas, causing harm to the health and life of drivers and passengers. What are the main reasons for collisions in parking lots? Here are some of them:

Accidents while driving in reverse are a common violation of parking a car. Beginners, newly licensed drivers and drivers with extensive experience but no driving experience fall under this category. For such moments, the RCTA system is provided, which gives a special signal warning of a possible collision with a standing object. The camera captures images of the background and obstacles that interfere with safe maneuvers.
During peak times, a narrow gap is left for comfortable entry into the parking lot. Proper placement of the car does not imply free space, but the presence of special markings that cannot be entered by neighboring vehicles. The Russian standard allows at least 2.3 m in width per passenger car. Disabled persons should be provided with up to 3.5m in width in a designated area. The width of the marking strip itself is at least 10 cm.
Insufficient lighting of the site in the evening and at night. Natural phenomena such as fog, rain, snowfall and more can aggravate the situation. It is required to apply paint with reflective particles to the markings. Dividing strips should be clearly visible and updated once every six months, at least.
Difficulty in moving a car due to potholes, ice, falling snow and other damage to parking lots.
Decreased driver reaction due to fatigue, alcohol, toxic and drug intoxication.
There are barriers installed, which not all car owners know how to use. For example, payment terminals do not always allow the driver to get change and, distracted by unimportant circumstances, the driver becomes nervous and maneuvers the car incorrectly.

How does CASCO insurance cover work?

We can immediately say that the owner of CASCO insurance is in a more advantageous position if:

the agreement was drawn up without a franchise;
the initiator of the collision has been identified;
the owner of the vehicle was not under the influence of alcohol, toxic or drugs;
the driver of the insured vehicle is included in the list of persons allowed to drive.

Let us clarify that the deductible is used to ensure that the owner of the car repairs minor damages independently without the involvement of an insurer. For parking, minor breakdowns in relatively small amounts are typical. Each policyholder himself is able to approximately estimate the damage caused and decide, based on the size of the deductible, whether to recover it from the insurance company or not.

Despite the fact that the current property agreement will cover the costs of the victim, it is necessary to establish the identity of the culprit. The fact is that if the owner of the vehicle is the violator, the company will compensate for the damage and that will be the end of it.

If another participant is at fault, then the campaign will compensate for the losses of the insured, and will still send a counterclaim to the violator. In this regard, it is important to check the recordings of DVRs installed in parking lots or other nearby vehicles.

On a note! When a collision occurred with a driver who was not included in the insurance (CASCO, OSAGO), then do not count on payment. Only under the condition of a policy with an unlimited number of persons allowed to drive a vehicle, the identity of the driver of the car does not matter.

A voluntary property insurance transaction protects a car from breakdowns even in cases where the policyholder himself is to blame. However, if another violator is identified, the penalty is withdrawn either from his pocket or from the reserves of his insurance company. Thanks to this, the victim of a collision retains a discount for accident-free driving, which will be applied for the next year of driving.

How does MTPL insurance coverage work?

Another question is whether the MTPL policy is valid if the accident occurred in a parking lot? Having previously considered the fact that the parking lot is part of the road, we come to the conclusion that a collision between two or more cars is covered by the motor vehicle license. The main thing is that the participants in the conflict have valid motor vehicle liability agreements.

Since an accident in a parking lot is a classic insurance event, it is the responsibility of any driver to present a valid (not expired) license to traffic police officers. Otherwise, in addition to the fine for an accident in the parking lot (from 1,000 to 30,000 rubles), you will also have to pay a fine for the lack of an MTPL policy of 500 rubles.

What should those who do not have a voluntary policy, but only a compulsory motor vehicle policy, do? The surest way is to identify the offender. Even if the culprit escaped, but was caught on a video recorder, then there is a chance to punish him. The possibility of compensation for losses doubles if he has an auto liability policy. The insurer of the guilty party will compensate for material damage to the victim of the collision.

In the absence of insurance, the initiator of the accident will cover the penalty from his own pocket and will be punished for leaving the scene of the accident. This threatens with confiscation of the driver's license for 1 or 1.6 years, administrative arrest for up to 15 days or a fine of 500 to 1500 rubles.

Procedure for registering an accident in a parking lot

Now that we have found out whether an accident in a parking lot is an insured event, we will describe the sequence of your actions:

Without moving anywhere to the side, we turn off the engine and photograph the damage close up and the position of the vehicle from afar.
It should be remembered that without an emergency sign, registering a violation will become difficult. According to the traffic rules, clause 7.2, the presence of a sign is mandatory and it is placed 15 m from the epicenter of the collision.
We identify the offender, find out his personal data and vehicle number. We resort to video surveillance of neighboring cars or parking recorders.
If there are no disagreements between the parties and there are valid OSAGO forms, we will draw up a European protocol in case of an accident in a parking lot.
We call the traffic police and police if the initiator has disappeared or does not admit his guilt.
We inform our insurer about the incident by phone.
We do not leave the emergency scene, wait for the traffic police and help you reliably draw up a report.
At the same time, we draw an extremely accurate diagram of the accident.
If possible, we enlist the support of witnesses.

The diagram must show not only the location of your car, but the position of neighboring cars and the marking line. The direction of movement is indicated by arrows. It is worth indicating existing road signs, names of neighboring streets and numbers of nearby houses.

Correct execution of the Europrotocol

The main requirements for drawing up the Europrotocol are as follows:

No more than two participants of vehicle owners.
Only property damage up to RUR 50,000. (St. Petersburg and Moscow up to 400,000 rubles) without causing harm to the life and health of the victims.
Both participants must have vehicle registration forms.
Absence of disagreement in determining the culprit and other points.
It is required to draw a road accident diagram in the European Protocol without discrepancies.

It is necessary to fill out the traffic accident notification form, which is attached to the policy, for each party to the accident without erasures or corrections. Even a slight discrepancy in the testimony will result in a refusal to compensate for damages from the insurance company.

As the city's vehicle fleet grows, traffic congestion also increases, especially in large cities near shopping centers. Experts cited inexorable statistics, namely, 40% of all emergency situations occur in parking lots. This is a truly serious problem that needs to be regulated. Good luck on the roads and competent parking!

Accident in a parking lot - is it an insured event under compulsory motor liability insurance?

Every motorist knows that danger can await his favorite vehicle not only on the road, but also in the adjacent territory. A car can be scratched or dented even while it is standing peacefully in a supermarket parking lot or waiting for its owner at a gas station.

In such an unpleasant case, the owner has a logical question: does compulsory motor liability insurance apply if the accident occurred directly in the parking lot?

Is an accident in a parking lot an insured event under MTPL?

Compulsory insurance has been in effect in Russia for more than a decade, but car owners still often have questions regarding whether the road incidents that happened to them are an insured event or not, and whether the insurer will compensate for the damage received. One of these frequently asked questions involves a parking lot accident.

To answer this, it is necessary to refer to the current legislative norms. According to Article 1 of Law No. 40-FZ “On Compulsory Motor Liability Insurance”, the liability of a car owner can be recognized as an insured event if he caused damage to the property of the victims, their health or life while using his car.

Federal Law No. 40-FZ “On compulsory insurance of civil liability of vehicle owners”

Article 1. Basic concepts

insured event - the occurrence of civil liability of the owner of the vehicle for causing harm to the life, health or property of victims when using the vehicle, entailing, in accordance with the compulsory insurance contract, the obligation of the insurer to provide insurance compensation;

The law understands the use of a car as its operation on roads and in adjacent areas.

According to paragraph 1.2 of Article 1 of the Traffic Regulations, the status of territories adjacent to roadways has:

local courtyards;
residential areas;
designated parking areas;
gas stations;
enterprises;
other areas that should not be used for through traffic.

Based on this, a collision between two cars that occurred in a parking lot should be classified as an insured event. This means that if a car left in the yard or in an underground garage was damaged by a moving vehicle, the insurer will have to compensate the injured party for the damage received from an accident in the parking lot under the MTPL policy.

Important Features

It should be remembered that an accident refers only to the interaction of two or more vehicles. If an icicle falls on the roof of a car parked in one of the designated parking spaces in the yard, or a resident passing by leaves a scratch on it, and also if the car owner himself damages his car by hitting a pole or running over a curb during an unsuccessful maneuver, the compulsory civil insurance policy there will be no liability. Accordingly, there is no hope for compensation for the damage received . In such a situation, only the holder of a voluntary CASCO policy can count on compensation for damage.

As practice shows, when considering an accident that occurs in a parking lot, insurers require the following conditions to be met in order to recognize it as an insured event:

the damage to the car was caused not by its owner, but by another vehicle;
only cars are involved in the incident, since damage to a car by a pedestrian is not considered an accident;
the culprit of the incident must have a compulsory motor liability insurance policy;
the injured party, using video footage or witness testimony, can prove that the damage was caused by another motorist and not a passerby.

Drawing up a European protocol in case of an accident in a parking lot

The current insurance rules allow participants in the incident to document incidents that occurred in parking lots in the form of the Europrotocol. This document can be drawn up without the presence of a traffic police inspector.

In order for the Euro Protocol to be accepted by the insurer in order to resolve the issue of compensation for damage caused, its drafters must take into account the requirements and comply with the conditions set out by the Central Bank of the Russian Federation in Article 11.1 of the Insurance Rules:

The damage was caused exclusively to the property of the parties.
The collision involves no more than two cars, including cars with trailers.
Both car owners have insured their civil liability.
The European protocol is drawn up in 2 copies on an accident notification form, signed by both parties and sent to the insurer no later than 5 working days from the date of the incident.
The participants in the accident provided their cars for technical examination within a 5-day period from the date of receipt of the request from the insurer.
The amount of compensation for damage caused to the car, according to preliminary estimates, does not exceed 100,000 rubles. However, if an accident is recorded in Moscow, St. Petersburg, the Moscow and Leningrad regions, the amount of compensation is not limited, and the damage is compensated within the maximum insurance payment approved by the law on compulsory motor liability insurance for cases of property damage.
The Europrotocol must be accompanied by photo and video materials detailing the location of the collision, as well as data from navigation aids

When drawing up the Europrotocol, the form must be filled out with a regular ballpoint pen. Each participant will have to enter their own personal information into the notice. Two pairs of signatures must be placed on the front side of the document, and its reverse side is signed only by the person who intends to demand compensation for damage from the insurance company.

To summarize the above, it turns out that the law allows for an accident in a parking lot to issue a Euro protocol without involving traffic police officers, but only if the culprit of the collision:

famous;
did not try to leave the scene of the accident;
has a current MTPL policy;
ready to cooperate with the injured party.

Unfortunately, not all persons who are responsible for an unpleasant transport situation show consciousness. Many people, having hit someone else’s car in a supermarket parking lot or in the yard, still drive away from the scene of the incident, trying to avoid responsibility or simply not wanting to waste their time on paper formalities.

What to do if the culprit escaped

A car owner finds himself in a difficult situation if he finds his car in the parking lot with a dented bumper or a dent on the side, if the driver who caused this damage fled the scene without leaving coordinates. What should the injured motorist do in this case? Is it really possible to pay for repairs out of your own pocket?

Automotive lawyers argue that there is no need to rush to give away your money. The widespread use of modern technical means that is relevant today makes it possible to quite successfully find those drivers who did not want to show civic consciousness.

Many parking lots and courtyards are equipped with cameras, and the immediate fact of an accident could be recorded by the video recorders of cars parked in the neighborhood.

If the culprit of an accident in a parking lot has disappeared, the injured motorist should act as standard:

Call the traffic police, since all accidents that occur on the road and adjacent areas are dealt with by employees of this particular department.
Do not move or move the damaged vehicle until the police arrive.
If necessary, turn on the hazard warning lights and display a warning triangle.
Do not pick up or touch parts of the car that have fallen off as a result of an accident or scattered glass.
Find witnesses to the incident, who may be dog walkers walking in the yard, a parking lot watchman, or owners of cars parked nearby, and write down their contact information.
Report the incident to the insurance company.
Take photos of the damage to your car.

The correctness of the victim’s actions will deprive the insurer of the opportunity to evade the insurance payment. He is obliged to pay for the damage in any case if the victim in the accident provides evidence of the guilt of the other driver. The insurer has the right to recover its own losses from the culprit of the incident, but after his identity has been established by law enforcement agencies.

Accident in a parking lot - is it considered an accident or not?

We are glad to welcome our dear readers to the pages of this portal. Are you wondering whether a parking lot accident is an accident or not? Then this material will help you. Let's try to figure it out. Let's consider the causes of the collision. Let's talk about how to design it correctly. Is a European protocol drawn up in this case, and what to do if the culprit leaves the scene of the accident.

The category of road accidents includes vehicle collisions and the collision of a car with an immovable object. The main condition for this type of accident is the movement of traffic at the time of impact. Another factor is harm to road users or their property. To classify an incident as an accident, a combination of these two circumstances is necessary.

A reference to the law! Clause 1.2 of the traffic rules stipulates that a collision of two or more cars while driving on a road or adjacent territory is an accident. It is recognized as such if people and vehicles were injured during the collision. The law includes courtyards, parking lots, and parking near offices and shops as adjacent areas.

Example one : Damage to one car in a parking lot by the opening door of another car is not an accident. Likewise, damage caused to a car by an icicle falling from the roof does not fall into this category.

Example two : An exiting car hit one vehicle or provoked a collision between several cars in the parking lot. As a result, damage to transport or people is caused and compensation is required under compulsory motor liability insurance. This situation is considered an accident.

Parking accidents are among the most common situations. Their occurrence is not an accident, but a pattern. There are a number of reasons that provoke corresponding consequences.

The most common factors:

a change in vehicle modification that provokes an increase in size;
urbanization processes, changes in road markings;
increased density of cars, increased traffic in the parking area;
non-compliance of stopping places with traffic police standards;
technical malfunction of the car;
human factor (inattention, reduced reaction, inexperience);
The position of the vehicle does not correspond to the markings.

Most often, the culprit of the accident is the owner of the car who was moving backwards. Such incidents occur in parking lots and other limited-area turning areas.

Reverse movement is prohibited:

at crossroads;
when driving on a bridge, in tunnels;
in the pedestrian crossing area;
at crossings, in the area close to them;
at bus stops;
in poor visibility, regardless of the type of terrain.

Not all parking lots are equipped in accordance with the regulations. Failure to comply with standards may result in improper placement of vehicles. Often the markings do not match the dimensions of the cars. It also happens that as a result of re-equipping a car, its dimensional parameters have increased.

According to GOST, the following requirements apply:

the width of the marking lines is at least 10 cm;
use of reflective paint in areas with poor lighting;
at least 6 meters of roadway width – 6 m; the minimum size of the parking zone for 1 car is 2.3 * 2.5 (taking into account the increase in length to 3.5 meters in places for disabled people).

The first thing to do after a collision in a parking lot is to stop driving. It is necessary to get out of the car and determine the type of damage. If you discover damage or harm to health, you should call an ambulance. In this case, you cannot do without the presence of traffic police inspectors.

The next step is to install a sign and turn on the appropriate alarm. These measures are not just a formality. They allow you to warn other road users about an accident. It is prohibited to leave the scene of the collision or move the vehicle.

The next stage is recording the consequences in the protocol. Depending on the situation, you can do this yourself or with the participation of inspectors. Representatives of the traffic police department must document the situation if more than 2 cars collided or there was harm to health. Before their arrival, you can start interviewing eyewitnesses and collecting other evidence.

The possibility of recording a traffic accident in the European protocol is not used in all accidents. Since this is a simplified registration procedure, it takes place without the participation of traffic police inspectors. But all the conditions that are relevant when registering an accident remain. The procedure involves drawing a diagram, interviewing eyewitnesses, collecting evidence, and drawing up a protocol. Only it is not the inspectors who are involved in the procedure, but the drivers themselves.

Important! Before the ambulance arrives, you should use available means and a first aid kit to provide emergency assistance to victims.

Conditions under which the European protocol is relevant to use:

The amount of damage is within 400 thousand (before October 1, 2019, the maximum threshold was 100 thousand).
There are no controversial issues regarding the cause of the collision or the culprit.
In a situation without loss of life, damage to the health of participants and passengers.
Only two vehicles are involved in a collision.

Procedure for completing the European protocol:

recording the scene of an accident using video or photography;
involving eyewitnesses in the procedure (it is necessary to save the telephone numbers of witnesses);
drawing up a diagram;
filling out the form, attaching a diagram and a list of attached evidence to it;
proofreading of the paper by both parties, securing the information presented with signatures;
removing vehicles from the scene to prevent congestion.

Filling out the protocol form and complying with all procedural requirements must be taken as responsibly as possible. This determines whether the insurance will ultimately pay out to injured participants. The presence of corrections or blots, the authenticity of which is not confirmed by the signatures of both parties, may become a reason for refusal of insurance payment.

A schematic representation of the accident location, type of damage and other significant points is used as an evidence base. Its preparation is a prerequisite. With a simplified registration procedure, the participants in the incident themselves will have to draw it up. It needs to include the following data:

part of the parking lot where the accident occurred;
display of participants' vehicles;
direction of movement;
markings, road signs;
parking address, name of the institution to which the territory belongs;
marks on the part of the car where it is damaged.

Attention! In order to receive compensation for damage from the insurance company, you need to promptly inform the other party to the contract about the incident.

Whether a collision is covered depends on the type of collision. The type of contract also influences. For OSAGO and CASCO, different lists of cases are defined that are classified as insurance.

Question : The driver fled the scene after hitting my car in the parking lot, what should I do?

Answer : We need to call inspectors and record the case. Surveillance cameras are often installed in the parking area. Law enforcement officers can access the records. You can interview people in the parking lot, maybe someone saw the collision.

Question : For an administrative violation, no decision on a fine has been received for a long time, could it not have been imposed at all, and how long should we wait for “unpleasant news”?

Answer : The statute of limitations for administrative offenses is three years. If during this period there was no “letter of happiness”, it means there will be none. It often happens that a fine cannot be imposed due to a violation of the registration procedure.

An accident in a parking lot is a common situation. Whether it is considered an insured event depends on a number of factors provided for in this article. You need to respond to the incident appropriately. A protocol must be drawn up and the insurance company notified. Whether to draw up a European protocol or call inspectors depends on a number of factors (amount of damage, presence of victims, presence of disputes between participants, number of injured persons).