What are the consequences of being charged with an accident?
Such charges are brought during administrative proceedings. Possible consequences:
- deprivation of the right to drive a vehicle for a period of 1-1.5 years or administrative arrest for a period of up to 15 days, if it is proven that the driver fled the scene of the accident;
- the need to compensate for damage caused to another car. Even if the insurance company pays such compensation, it may later file a recourse claim;
- if the driver has a long history of accident-free driving, the cost of compulsory motor liability insurance will also increase.
A driver accused of an accident needs to be prepared to defend his rights with the help of an independent expert and in court. The algorithm for such protection depends on the specific situation.
Services that you may need in this situation
- Trace examination
- Examination of paintwork
- Protection of the culprit of an accident from the claims of the victim
In what cases can you leave the scene of an accident?
It is simply impossible to foresee every situation that may arise during traffic. Since there are a number of nuances that allow the person driving the car to leave the place where the accident occurred, it is impossible to claim automatic deprivation of rights for this action.
But you need to realize that such behavior cannot be justified if you left the scene of a serious accident, as a result of which the perpetrator may face criminal penalties.
Only excellent knowledge of all the nuances of the law and thoughtful calculation will allow you to make the only right choice and decide whether to leave the place where the accident occurred.
It is necessary to examine in detail under what circumstances the driver has every right to leave the place where everything happened:
- if no person was injured as a result of this incident;
- if only two vehicles were involved in the accident;
- the MTPL policy may also allow you to leave the scene of the accident;
- when the parties to the accident have no disagreements. Then they need to draw up and affix their signatures to a single road accident diagram, thereby confirming the absence of disagreements;
- when a person injured in an accident needs emergency medical assistance, the driver has the right to leave the scene of the accident to deliver the victim to a medical facility.
As it becomes obvious, compulsory motor liability insurance is very important, since without it solving the problem that has arisen becomes dramatically more difficult.
Having a policy significantly reduces the likelihood of a driver being deprived of his rights, since he does not try to evade responsibility, because compulsory motor liability insurance allows everything to be resolved on the spot.
The incident on the road actually happened, but the second participant decided to file it as an accident later
The situation is unusual: one car hit another in a parking lot or in heavy traffic, the drivers examined the cars, decided that the damage was insignificant, and “went their separate ways.” The opponent changed his mind, called the traffic police and filed an accident report. It will be very difficult to prove your innocence in this case. For this, it makes no sense to conduct an examination to clarify the circumstances of the accident, because it will show that the damages correspond to each other. In this case, recording from a video recorder or street CCTV cameras located at the scene of the accident will help, as well as the testimony of witnesses; Protecting the culprit of an accident from the claims of the victim will be a useful service. If, for example, one driver transferred money to another, and a receipt about this was kept, it will help prove innocence.
If the cars were not damaged, the road situation cannot be considered an accident, and claims against the driver are unjustified.
Provocateur and emergency situations
Experienced motorists have repeatedly encountered the aggressive, unpredictable driving style of some drivers on the road. Their actions often lead to an emergency situation.
Such situations can be easily illustrated with specific examples:
- For example, minibus drivers and taxi drivers often ignore other road users in pursuit of “a long ruble.”
They react first to a potential passenger's raised hand by cutting off other vehicles. To avoid a collision, drivers suddenly jump into the adjacent lane, forcing cars moving according to the rules to dodge. - A different situation arises on country roads when overtaking long vehicles.
If the driver of an overtaking vehicle incorrectly calculates the distance to oncoming traffic, then at the end of overtaking he is forced to urgently return to his lane, cutting off the truck in the process. To avoid a collision, the truck driver pulls sharply to the side of the road. The result of such a maneuver is often a truck overturn. During this time, the provocateur hides in the distant distance. - Another option for provoking emergency situations occurs when different cars cross intersections.
For example, one car starts moving at a traffic light, and another tries to pass when the traffic light is already on red. Due to the sharp braking of a car that has begun to move, another car crashes into it from behind. As always, the provocateur disappears from visibility during this time.
From a legal point of view, it is now quite difficult to punish a provocateur, even if he was found and there are witnesses to the accident. Today's legislation does not contain case law.
When making a decision, judges are often guided by their life experience and individual ideas, since the law does not contain clear language on this matter. Now the Supreme Court has decided to clarify and change the situation radically.
There was no accident
At the time of the alleged accident, the driver was in a different place and was definitely not involved in it. Testimony from witnesses and any materials that confirm that neither the driver nor his car were in the area where the accident occurred at the specified time will help prove this. These could be photographs, parking tickets, store receipts, etc.
In this case, it is advisable to conduct a trace examination with an answer to the question: “Do the damage on car A correspond to the damage on car B, and could they have arisen as a result of mutual contact as a result of an accident.”
The accusation of an accident is obviously false.
This happens when a car owner wants to repair a fresh scratch or dent on a car at the expense of the insurance company or another person. Usually, in the parking lot near his home or work, he finds a car with “suitable” damage and contacts the traffic police, claiming that it was he who hit his car. In this situation, a trace examination will help with the answer to the question: “Do the damage on car A correspond to the damage on car B, and could they have arisen as a result of mutual contact as a result of an accident?” (both cars should have comparable damage and, possibly, traces paint), witness statements, recordings from surveillance cameras, dash cams, any other evidence that the accused driver was not involved in the accident.
How in practice?
The driver can be charged with an accident only after an administrative case has been initiated. A call to the traffic police must be issued in a certain way: not just a phone call, but a telegram, registered letter with notification, etc. Formally, the inspector’s phone call can be ignored, but in practice this should not be done: the car may be put on the wanted list and sent to the impound lot when it is found.
During the analysis, you need to clarify the estimated time and place of the accident. The inspector can inspect the car and check it for damage. Even if they are not there, this does not mean the end of the proceedings: the applicant can claim that the person responsible for the accident managed to repair the car. In this case, it makes sense to conduct an examination of the paintwork with an answer to the question “Has the disputed part X been repaired and/or replaced?”
In almost all cases, it is necessary to order an independent examination. A trace study is performed to compare damage to vehicles and check whether they could have occurred as a result of a collision. They look for traces of paint from the second car on scratches and dents. If the body has been repaired, check exactly which elements were replaced (whether they could have been damaged in a specific accident).
In order not to lose your driver's license during the investigation of the accident, it is better to consult with a traffic lawyer in advance or come to the traffic police department with him. If the driver is really not to blame for the accident, could not have participated in it and can prove it, the problem will be solved at the analysis stage. In the worst case, you will have to go to court and prove your case.
performs independent trace examination of cars after an accident, and conducts other types of research. We have our own legal department with competent auto lawyers. If you are accused of an accident that you did not cause, call tel. or contact any of our branches in Moscow or the Moscow region.
Punishment for leaving the scene of an accident
A person driving a car who left the scene of an accident without permission risks being subjected to very severe punishment. This is because such a violation is considered serious.
Punishment for leaving the scene of an accident. Read here what awaits a driver in a drunk driving accident.
Find out about an independent examination of a car after an accident at the link:
Let's look at article No. 12.27 of the Code of Administrative Offenses of the Russian Federation.
It consists of three parts. Its first part establishes punishment in the form of a fine in the amount of 1 thousand rubles, which will be imposed on a driver who has violated traffic rules by his actions after becoming a participant in an accident.
Please note that the sanctions established by this part cannot be used to punish violations set out in the second part of the same article.
Part two of the above-mentioned article determines the punishment for motorists who left the place where a traffic accident occurred.
The punishment is quite severe. There are two types of it: administrative arrest for up to 15 days, or deprivation of the right to drive a vehicle for up to one and a half years.
The third part provides for punishment for persons driving a vehicle who, contrary to the prohibitions established in the traffic rules, after being involved in a traffic accident, consumed alcoholic beverages or took drugs.
In addition, these same types of punishment will be applied when a driver in such a situation takes a psychotropic drug.
For all of the above acts, the following sanctions may be imposed: the driver may be fined in the amount of 30 thousand rubles. and deprived of the right to drive a vehicle for up to two years.
Let us clarify that for unauthorized departure from the place where an accident occurred, even the driver who simply did not know that he had committed such a thing may be punished.
For example, I accidentally hit a nearby car and slightly damaged its paintwork.
Let's take a closer look at the various situations. This will allow you to avoid various mistakes and retain your rights.
Often, when drivers turn to lawyers specializing in cases related to road accidents for help, they ask what liability they may face in light of the innovations adopted this year.
The following rules are currently in effect:
- It is allowed to leave the scene of an accident when no one was injured and the participants have no claims against each other;
- When a participant leaves the scene of an incident despite the protests of the other participants, a case may be initiated against him. This driver will have to defend his interests in court;
- It is allowed to temporarily leave the place where the accident occurred in order to transport the victims to a healthcare facility. At the same time, it should not be possible to use other vehicles for this purpose. In addition, based on part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, a motorist who left the scene of an accident for this reason, after delivering the victim to the hospital, must immediately return to the scene of the accident, and before leaving it, he must record the position of his car and other significant details.
Note that if only two motorists were involved in an accident, and they have a compulsory motor liability insurance policy, then they can leave the scene of the accident. There will be no punishment for this.
It is also possible to document what happened without involving the police in this process. But this is only possible if its participants have no disagreements. After the accident is registered in this way, the documents are transferred to the insurer, who will make the payment of compensation.
It is also possible to drive away from the scene of an accident in the event that a stationary vehicle impedes the full movement of other vehicles. This norm follows from Article 12.27 of the Code of Administrative Offenses of the Russian Federation.
It should be noted that, based on recent changes in legislation, for unauthorized departure from the scene of an accident, you can be punished not only with a fine, arrest, or deprived of your rights, but also with the need to compensate for the loss of the insurance company.
In the event that a driver found guilty of committing an accident fled the scene of the accident, the insurance company has grounds to recover from him the amount it paid to the injured party.
These innovations have greatly tightened the punishment for leaving the scene of an accident, and the ability of insurance companies to recover costs incurred from a driver who left the scene of an accident can literally ruin him.
Is it possible to avoid such problems?
To do this, it is necessary to thoroughly study article No. 12.27 of the Administrative Code, especially its first and second parts. Knowing their provisions will help you avoid irreparable mistakes.
In addition, it will not be superfluous to always have with you the telephone number of a lawyer involved in road accident cases. A timely contact with such a professional will help you avoid many problems.
