Liability for accidents with animals - table of fines

Fine for hitting a moose on the road in 2021

The Code of Administrative Offenses (CAO) does not provide for liability for a downed animal. The inspector will not issue a fine if he sees a driver hit a moose or comes later to inspect the scene of the incident.

But for a downed moose, compensation is awarded for the damage that the driver caused to the natural resources of Russia.

Conditions for imposing a fine. Compensation is determined by rangers - representatives of the Ministry of Natural Resources and Environment of Russia.

Who will pay the money depends on whether the driver has an MTPL policy:

• If you have a policy, the insurance company pays. An accident with a moose hit on the road is an insured event. The policy insures the driver's civil liability and helps compensate for damage in such a situation. The huntsmen will take the driver’s data and request money from the insurance company.
• there is no policy or its term has expired - the driver pays. The owner of the car is responsible for the risks associated with driving the car and the damage caused by the car. If there is no policy, liability is not insured - you will have to pay yourself. There is such a case in judicial practice.

A man was driving from Novosibirsk along the road past a forest; an elk crossed his path. The driver hit the animal. After the collision, the man called the traffic police; when checking the documents, the inspector found out that the MTPL policy had expired. As a result, the judge decided to fine the man 800 rubles for lack of insurance and 80,000 rubles for killing a moose.

In order for the insurance company to pay compensation, an accident with a moose must be registered by traffic police officers. They will take into account the circumstances of the case, draw up a certificate of the accident, a protocol and a determination that there is no administrative violation. The driver will receive copies of documents.

Amount of the fine. Compensation for killing an elk without a license is 80,000 rubles. To find out what the fine is for a downed moose, you need to look at the order of the Ministry of Natural Resources - it lists the animals and the amount of compensation that the culprit must pay. Here are the compensation amounts for the most commonly hit animals:

If the animal is killed on the territory of the reserve, then the amount is multiplied by a factor of 7. For example, the fine for shooting down a roe deer on the territory of a state reserve will have to be paid as follows:

40,000 × 7 = 280,000 rubles

40,000 is the base fee for a roe deer, and 7 is the coefficient for hunting on the territory of a state reserve or wildlife sanctuary.

How the world solves the problem of accidents with wild animals

Standard structures in Europe and America are ecoducts - bridges over a highway with a surface covered with earth and planted with trees and shrubs. They look like an extension of the forest so that animals can freely cross the roads without endangering themselves and so that the driver does not hit a wild animal. Also, roads through natural objects are often fenced with fences, but they must be combined with eco-ducts, since animals must be able to cross the road. In Russia, unfortunately, there is only one ecoduct, in the Kaluga region, and it was built recently - in 2021.

The cost of large animals is quite high. It will have to be paid by the person responsible for the accident. Having an insurance policy will make this process easier, since standard contracts, including compulsory motor liability insurance, include such risks. It should be said that ambiguous situations arise when running over stray dogs or cats. These animals are ownerless; neither the owners nor the hunting grounds are interested in them. As a rule, despite the formal obligation to act in the same way as in accidents with wild animals, drivers leave the scene of the accident without any special consequences, and if they file an accident for insurance, they are not required to pay for the carcass.

When the driver is at fault in an accident with a moose

Presence or absence of a warning sign. The “Wild Animals” sign only warns that elk or roe deer may appear on the road. This is not a prescriptive or prohibitive sign - it cannot be violated. If a driver hits a moose in the area covered by such a sign, this will not be an aggravating factor.

Driver compliance with all proper traffic rules. By law, you cannot leave the scene of an accident. If a driver calls the traffic police after an accident, he avoids the violation. The inspector will come to the scene, interview the driver, witnesses, if there are any, and look at the recording from the recorder. If the driver did not violate the rules, the inspector will draw up a ruling refusing to initiate a case. A copy will be given to the driver.

Collision time. Night time or poor visibility will be a mitigating factor if the inspector, when interviewing the driver, will clarify the causes of the accident. The best evidence will be a video recording. If it is not there, you can record a video or photograph the scene of the collision immediately after the incident.

Such a sign is placed in a forest belt or in places where wild animals may come onto the road. This is just a warning, the driver is not required to reduce speed

How to reduce liability for accidents involving livestock?

You can try to reduce the driver’s liability for an accident with a pet by citing the same circumstances as in an accident with a wild animal.

In addition, you can refer to the fact that the owner of the pet improperly kept his pet, and therefore he ended up on the roadway; the fault for the accident that occurred lies with the owner of the pet, and therefore the driver should not be held liable.

If the owner of an animal makes claims for compensation for harm, the cost of the animal, you should check how much the amount of claims he makes corresponds to the real cost of the animal and, if possible, provide evidence that the cost of the animal is lower than that claimed by the owner.

If, as a result of an accident with a pet, if the owner is at fault, the driver’s car is damaged, then it is subject to recovery from the owner. Thus, it is possible to present counterclaims to the owner, which may lead to a partial offset of the amounts.

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Why do you need to call traffic police when you collide with a moose?

To document the fact of the collision. This is necessary to prove the driver’s innocence and obtain documents for the insurance company. This way you won’t have to pay compensation yourself.

In addition to compensation, the traffic police may issue an administrative fine for violating traffic rules. The fine will be reduced if the driver violated the rules due to avoiding a collision with a moose.

To avoid getting a fine for leaving the scene of an accident. From the point of view of traffic rules, a collision with a moose is an accident. If a driver hits a moose, leaves the scene of the accident, and this is noticed by eyewitnesses or video recorders of passing cars, the driver may lose his license for a period of one to one and a half years.

How to avoid hitting an animal

No one is safe from the sudden appearance of a wild animal on a forest road, so accidents involving them are not uncommon. Based on the analysis of a large number of similar incidents, useful tips have been developed on how to behave in such situations.

You need to follow these rules:

1. If a wild animal appears in your field of vision and is on the side of the road, hesitating to cross the road, then it is better to slow down and let it pass. It is not advisable to press the accelerator pedal under such circumstances.
2. Under no circumstances should an animal that appears in the visibility zone blink its headlights or honk. This may frighten the animal and its behavior will become unpredictable.
3. It is only necessary to go around forest inhabitants from behind, since the animal rarely changes its trajectory.
4. Driving through the forest, you need to increase your concentration. This is especially true when there is a sign 1.27 “Wild Animals” on the road.
5. At dawn or dusk, forest inhabitants are most active, so when they appear on the horizon, you need to slow down, concentrate on the road, or simply wait out.

It is important to remember that you do not need to get out of the car or try to drive a wild animal off the road. Such ill-considered actions can lead to unpredictable consequences. You should pay attention to road sign 1.26 “Cattle Driving”, since domestic animals can also cause an accident.

What to do when you hit a moose

Before leaving for the highway. Check the validity period of your MTPL policy. If there is no policy or it is expired, you will have to pay for the downed animal, not the insurance company. After all, it is the MTPL policy that insures the driver’s civil liability.

If you hit an animal. Let's figure out what to do at the scene of the accident:

1. Get out of the car and place a warning triangle 30 meters before the car.
2. Call the traffic police.
3. Take a photo or video of the accident scene while the inspector is driving - this will help if the moose suddenly wakes up and runs into the forest.
4. When the traffic police crew arrives, explain what happened and check that the words are exactly recorded in the protocol.
5. Keep a copy of the determination that there is no administrative violation that the inspector will issue. It will be useful if the insurance company has questions for you.

What to do if you hit a dog

The Traffic Rules clearly state that hitting an animal is a traffic accident.

In accordance with part two of Art. 12.27 of the Code of Administrative Offences, leaving the scene of a collision may entail punishment in the form of deprivation of the right to drive a vehicle for up to 1.5 years or administrative arrest for up to 15 days.

In a situation where you do hit an animal (it doesn’t matter a dog, cat, moose or other), you should stop in any case, turn on the hazard lights and put up a warning triangle. Then you should pay attention to the condition of the animal and determine whether it has an owner. Address tags or testimonies from people nearby (in a small town or in the courtyard of a house) will help with this.

If the owner cannot be identified, then the animal's corpse should be removed to the side of the road so that it does not interfere with other vehicles, and if the animal is alive, then it must be taken to a veterinarian. Unfortunately, not many car enthusiasts do this - some do not want to pay for treatment, others do not want to dirty the interior, and in some cases the animal shows aggression.

Next, inspect your vehicle for damage. If you have a valid CASCO agreement, then you should contact your insurance company by phone and get advice on what actions to take.

Is it possible to get by only by calling an insurance agent or is it necessary to draw up a report in the presence of road inspectors? In any case, record the scene yourself using photos or videos.

If you managed to identify the owner of the dog, then the best solution would be to call the traffic police, since this is a traffic accident that must be registered in accordance with current legislation.

You should not “on the spot” transfer money to the owner for a killed or maimed animal, because after your departure he may call the police and you, in addition to deprivation of your license for leaving the scene of an accident, will have to pay for the damage again.

The presence of an inspector is also necessary for one more reason - the dog must be on a leash and wearing a collar, otherwise it will be difficult to find you guilty of hitting.

After the traffic police inspector draws up a report on the traffic accident, the victim has the right to contact your insurance company and receive compensation for the damage caused, because animals are classified as private property and have value.

In practice, most often the driver wants to make amends for the harm on the spot - he takes the animal and the owner to the veterinarian, pays for the latter’s services and further treatment. If the owner does not agree with such conditions or demands a large amount (including compensation for moral damage), then he has the right to go to court with a corresponding statement.

To prevent such a situation and its unpleasant consequences, you should be extremely careful if you see an animal on the side of the road or on the roadway. After all, most often we cannot predict their actions and trajectory of movement.

OSAGO in an accident with a moose

Why can a compulsory motor liability insurance policy cover a fine for a moose? An accident is an event in which vehicles were involved and people, equipment, or property were damaged. Compensating for this damage is the driver’s civil liability; it is insured by the MTPL policy. The damage has been caused to the state: all wild animals on Russian territory are state property. Therefore, the insurance company can compensate for the damage that the driver caused to the state by hitting the moose.

What to do to avoid paying for a downed elk yourself. You must have a valid MTPL policy. We wrote about how to calculate and apply for compulsory motor liability insurance online.

After an accident, call the police and take a photo or video of the accident scene. If you drove without violating the rules, the inspector will issue a determination that there is no administrative violation. Save this document.

Who will pay for car repairs? The driver will have to compensate for car damage. The fact is that a moose cannot be at fault in an accident. And the state is not responsible for the actions of wild animals in the event of an accident.

Mistakes of drivers who hit a moose

The main mistake in such events is to escape from the scene and hide the fact of the incident. By committing it, the driver breaks the law and loses the opportunity to compensate for material damage to third parties. In circumstances where there was no sign warning about the appearance of animals on the road, compensation to the state or private owner will be paid by the insurer under the MTPL contract.

Having received information about the fine for hitting an elk provided for by current regulations, many drivers will take note of the correct procedure for dealing with this type of accident. They will also take into account the circumstances under which the responsibility of the perpetrator may be reduced.

How to avoid a fine for hitting a moose

In most cases, you will not have to pay a fine. The main thing is to comply with the conditions:

• have a valid MTPL policy;
• Call the traffic police to the scene of the accident.

Most likely, the inspector will not record violations of the rules in your actions. He will draw up a ruling on this, write out a protocol and give copies of these documents to the rangers.

Subsequently, the rangers will contact the insurance company that sold the OSAGO policy to the driver - it will pay compensation for the downed moose.

Nuances

There are several nuances in an accident involving a moose:

• First of all, it is strictly forbidden to touch the animal with your hands. If fingerprints are found, the driver may be suspected of poaching.
• The driver should not look for a veterinarian or game warden on his own. He just needs to call the police or traffic police, and law enforcement agencies are obliged to take appropriate measures on their own.
• The owner of the vehicle can be found guilty not only immediately after the accident, but also within 90 days after the crime was committed.
• The driver may be found to be at fault for an accident even if the collision was committed outside the scope of the “Wild Animals” road sign.

How to properly appeal a fine

There is no administrative fine for a downed moose, which means there is nothing to appeal. The Ministry of Natural Resources will demand compensation, which will be paid by the insurance company where the driver purchased the MTPL policy. She will do this without driver participation.

Appear in court if summoned. If the insurance company finds out that there was no policy or the copy of the protocol indicates that the driver violated traffic rules, it will pay compensation to the Ministry of Nature, and then demand this money from the driver through the court.

What to do at trial. If for some reason the insurance company refuses to pay compensation to representatives of the Ministry of Natural Resources for the downed moose, they will try to collect it from the driver. At trial, two factors can work in the driver’s defense:

1. bad visibility;
2. absence of a “Wild Animals” sign. To prove this, you will need a DVR recording.

What to do if the court decides to pay a fine. You can appeal the decision within a month from the date of the judge's decision. It happens that during this period the driver finds evidence of his innocence - for example, recordings of other drivers at the scene of an accident or testimony of witnesses.

, fill it out, attach evidence and send it to court.

The complaint will be considered within two months

What happens if you leave the scene of an accident?

If you leave and do not report an accident to the traffic police, you can be subject to deprivation of your license for up to one and a half years or receive an administrative arrest for leaving the scene of an accident.

You cannot leave, even if the moose itself ran into the forest after the accident. The animal may not die immediately, but after some time. The huntsman will discover the carcass and file a police report. The driver will be found and held accountable.

This situation happened with a driver from Tatarstan. The elk ran into the forest, the driver decided to continue driving and not call the traffic police. After some time, the huntsman found the moose on the side of the road; the animal died from injuries. The police tracked down the driver at fault and suspended his license for a year. It was not possible to appeal this decision in court (Resolution of the Supreme Court of the Republic of Tajikistan No. 4A-1443/2018 dated October 29, 2021)

Remember

1. There is no fine for a moose hit by a car, but there is compensation - 80,000 rubles. The Ministry of Natural Resources of the Russian Federation takes it for damage caused to nature.
2. Compensation for a downed moose is paid by the insurance company from which the driver purchased the MTPL policy.
3. In order for the insurance company to pay the fine, you need to call the traffic police after a collision with an animal and file an accident report.
4. If the driver does not have a policy or its term has expired, the driver will have to pay compensation.

All articles by the author: Evgeniy Lesnov

Hitting a wild animal: who bears the brunt of responsibility?

Of course, the driver will be completely to blame for an accident with a wild animal, since the animal exists according to its own rules and instincts. Human laws do not apply to him. The driver will be held fully responsible, even if he was driving extremely carefully, not exceeding the speed limit, and the ungulate ran out and threw himself under the wheels.

The law is written so that the motorist is almost always at fault. Traffic regulations oblige him to drive at the required speed in order to have time to react to any circumstances on the road. He is obliged to ensure safety in any case. If the animal is hit, it means the driver has increased the speed too much and should have driven slower.

The hunting department or road services will not reimburse for vehicle repairs. It makes no sense to blame them for allowing a moose to appear on the road; this amounts to absurdity. Road workers do not bear any responsibility, even if the animal goes beyond the boundaries of the “Wild Animals” sign. They mark dangerous areas, but no one can guarantee that the ungulate will emerge from the thicket in any other place.

Moreover, in case of serious injuries or death due to a collision with an animal, the motorist will face not only administrative and civil liability, but also criminal liability (Article 264 of the Criminal Code of the Russian Federation). Because of a stupid animal, it is quite possible to end up in prison or experience punishment in the form of restriction or imprisonment.

Procedure for appealing a fine

In 2021, the driver has the opportunity to appeal the penalties applied to him in the form of a fine for killing a moose. To do this, you should remember all the circumstances that reduce the extent of his guilt:

• poor visibility due to rain and/or darkness;
• absence of a warning sign in the location where the accident occurred;
• the driver's attempts to get around the moose.

You can challenge a fine imposed for a downed elk within 10 days from the date it was awarded. If the driver has not taken any action during this period, he will have to pay the sanction imposed on him in full.

There are two locations where you can try to appeal a fine:

• at the traffic police department;
• in a court.

The first authority is the traffic police. At this stage you need to do the following:

1. Write a statement to the head of the traffic police, where you will tell in detail about what happened. Do not forget mitigating circumstances, emphasize your honesty, that you did not disappear with the moose, but decided to act according to the law.
2. Attach evidence to the application:

• written information from witnesses;
• pictures taken by traffic cameras and video recorders.

The submitted application is reviewed within 10 days, and then the applicant is given a written response. If it turns out to be negative, then the next stage where you will defend your rights is the court. Proceed according to the following instructions:

1. Draw up a statement of claim, where you must include the following information: - all the details of the accident with the moose; - offenses by traffic police officers who refused; - the essence of your claim.

1. Attach evidence to your claim.

It is important to draw up a claim correctly, otherwise it simply will not be considered by the court. An application to appeal a fine for a downed moose must contain the following components:

1. “Header” is a block of information that is located in the upper right corner and contains the following: - the name of the addressee of the appeal - the court; - applicant’s details: full name, contact and passport details, registration address; - data of the applicant’s representative (if any): according to the same plan;

1. Title.
2. Statement of claim.
3. Statement of the request (this describes the purpose for which you decided to go to court, what you expect from the proceedings).
4. Applications (the list includes all documents, photographic materials proving the applicant’s case).
5. Date of the application.
6. Signature with transcript.

IMPORTANT
Before filing an application with the court, you should seek advice from a professional lawyer. He will help you file a claim correctly and collect all the necessary documents.

Conditions for imposing a fine

A collision with a moose in 2021 is considered a traffic accident, that is, an event that occurs while a vehicle is moving on a road in which one of the following situations occurs (or several):

• loss of life;
• injuries to people;
• damage to the vehicle;
• damage to property.

Wild animals found in forest areas are considered property in accordance with Article 137 of the Civil Code. Its text states that in 2021, general property rules should apply to animals, because nothing else is prescribed by law.

In this case, the property that was damaged in the accident belongs to the state, so compensation in the form of a fine of 80 thousand rubles for a downed moose is addressed to it.

Can I take the carcass of a downed elk with me?

A collision with a huge animal causes great stress for the driver. If the animal dies, he decides to hide all traces of what happened, and hides the elk's body in the trunk of his own car, if it is spacious enough. Such a reckless act is equated to illegal hunting and is punishable by the following measures under Article 258 of the Criminal Code of the Russian Federation:

• a fine in the amount of 500 thousand to 1 million rubles;
• a fine in the amount of wages or other income for 3-5 years;
• imprisonment for 3-5 years;
• deprivation of the opportunity to occupy specific positions;
• deprivation of the right to engage in specific activities for 3 years or indefinitely.

Therefore, under no circumstances should you hide a moose in the trunk and take it away from the scene of the incident.