Every day there are more and more cars on the roads. The number of road accidents is certainly growing. Of course, there are disproportionately more minor accidents, and many of them are ridiculous accidents.
In addition, it often happens that the culprit of the accident hit a car in the yard and fled the scene of the accident, without even noticing that he hit a car standing nearby. Accordingly, he did not stop, did not turn on the hazard warning lights, and generally did not take any measures that he should have taken in such a situation.
However, it does not matter whether the driver noticed the moment of the collision or not, his action will be considered from the point of view of the law. And it turns out that if a neighbor tampered with the car and drove away, there is an administrative penalty for this. We'll tell you which one in this article.
If a driver hits a car in the yard and leaves the scene of an accident, what does he face?
Search for a car, criminal liability and prison. This is what some drivers think, having found themselves in a similar situation and having heard various scary stories.
In fact, these are too condensed colors. Although, if there are victims or the fact of causing serious bodily harm to citizens, then criminal prosecution is not excluded.
However, accident statistics show that the likelihood of such an event is extremely low. What consequences may occur for those car owners who carelessly treated another car?
When the conversation turns to administrative liability , most likely it may arise for leaving the scene of an accident. Sanctions prescribed in Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation , provide for deprivation of rights for hiding for a period of one to one and a half years . An alternative could be arrest for 15 days .
At the time of the accident, the driver was drunk and fled, after which he was detained at home; this is often fraught with a fine of 30 thousand rubles. and deprivation of rights from 1.5 to 2 years (Part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation)
Property liability . Here we are guided by Art. Art. 1064, 1079 of the Civil Code of the Russian Federation, regulating the procedure for compensation for material damage.
It must be remembered that if the car was not driven by the owner, the owner of the vehicle will be responsible to the victim. Exceptions are cases when the car is transferred under an agreement or power of attorney.
It is unlikely, but criminal liability is allowed - enshrined in Art. 264 of the Criminal Code of the Russian Federation. It depends on the nature of the injuries and the number of victims. The condition of the driver is essential: whether he was drunk at the time of the accident or not.
In general, of course, you need to look at the specific situation. What circumstances will play a significant role?
Let's list them:
- The scene of the accident.
- The circumstances under which the accident occurred.
- The presence or absence of intoxication.
- Whose fault was it that the collision occurred?
- Is there a compulsory insurance policy?
- How seriously damaged the cars were.
- Are there any injuries caused by the accident?
When the driver who hit the car and left the scene of the accident knows all the facts listed above, it is better to go to a car lawyer and discuss with him all possible scenarios. And if it is not known, then even more so.
We will consider cases with minor injuries and more serious ones separately. Read the article and you will find an approximate algorithm of actions suitable for your situation.
If you returned, but the owner of the other car left
If you return to the scene of the incident, but the owner of the other car has already left in it, the situation is twofold. The main thing is to find out whether the accident was registered in your absence or not. If it was formalized, think about how to avoid punishment for concealment. If traffic inspectors did not come for registration, you don’t have to worry.
After all, when contacting the traffic police, the victim who left will also be considered to have escaped, and he will suffer the same punishment as the culprit who left. Therefore, filing an accident is no longer profitable for either him or you. But to clear your conscience, it’s worth meeting with him and resolving the issue of compensation for losses privately or filing an accident under the European Protocol or even with the participation of the traffic police, staging a collision.
Article on the topic: What consequences can there be if both drivers left the scene of an accident, and how to avoid them
If the cars received minor damage
We shuffled the car in the yard and drove off, what should we do? First, let's look at a situation where the accident resulted in a small scratch. This happens often, and it can happen anywhere, in parking lots and yards. As a rule, in such places, drivers often do not notice the moment of collision.
If someone scratched a stationary car and fled the scene of a minor accident , then his car will be put on the wanted list. Of course, provided that the vehicle's license plates are installed. If not, then the driver is lucky, but this rarely happens.
In general, the legislator has established a rather harsh punishment for such an offense, as mentioned above - this is the deprivation of a driver’s license. For minor damage, there is no criminal liability.
In this case, they are guided by the Code of Administrative Offences. If the culprit of the collision is found, he faces deprivation of his license for up to one year or administrative arrest for up to fifteen days . There is nothing pleasant here.
Expert commentary
Selivanov Alexander Andreevich
Lawyer, specialization civil law.
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If there are objective reasons, you can avoid punishment; to do this, you should use the services of a law firm. A competent auto lawyer will tell you how to proceed.
If there really was no accident
Unfortunately, it happens that some overly impressionable or dishonest citizens think that you scratched their car while maneuvering next to it, although in fact there was no contact, and the scratch on the bumper is already a year old. In this case, it is necessary to prove that there was no damage, because if there is no damage, by definition there is no accident, therefore, there can be no concealment from it. Traceological examination will help prove this. You can order it individually or petition for its appointment in court if it has already begun.
The expert will examine the marks on both vehicles and tell you whether the damage could have been sustained in the described accident or not.
Article on the topic: Who is to blame for an accident? Trace examination: what is it, how is it carried out and how to challenge it?
Cases of road accidents causing harm to health
It must be said that if in the first case, the police officers do not look too zealously for the culprit of the collision, then if harm is caused as a result of an accident, the search will become more serious.
Here it is already quite acceptable to use the Criminal Code of the Russian Federation. Moreover, if the driver fled the scene of the accident, but was sober, and there are no other aggravating circumstances, then he faces up to three years in prison.
Under such circumstances, much depends on what the person responsible for the accident will say when he meets with the police. What reasons will he give as justification for leaving the scene of the accident?
In any case, in this situation you need to consult with a car accident lawyer. Because finding the necessary arguments in order to avoid criminal punishment is not so easy.
Without fail, it is advisable to analyze the event of a violation, build a strategy and thus prepare for further actions.
It is important to know! It is unacceptable to delay the resolution of such issues.
How can the culprit avoid punishment?
Again, the answer to this question can only be given after a detailed study of the situation.
So, when an absurd accident occurred, the damage was insignificant, then, first of all, it should be argued that the driver did not notice the moment of the accident, did not feel the impact and collision.
The main thing is that the police officers who registered the accident classify the events correctly. If the driver came to the traffic police on his own, this in itself does not mean that he noticed the collision and is guilty.
It should be explained that after stopping and getting out of the car, I noticed damage to my car and decided to contact the police.
And in no case can you say that you were scared or confused, and that’s why you fled the scene of the accident in a car. The punishment in any case will be more lenient for an unintentional offense.
If the damage to the car is significant, and the driver left the scene of the collision, then of course you can’t say that you didn’t notice the moment of the accident.
In such circumstances, another scheme can be used to protect the driver. Which one? You ask. More details only during a personal meeting.
In other words, you can correct the situation and take control. The main thing is to contact a lawyer in time for advice and advice.
Try to come to an agreement
You can find many photos of supposedly responsible drivers on the Internet. The man scratched someone else's car, was in a hurry and drove away, but left a note with a phone number on the windshield under the wiper. People often consider this to be nobility. Don't ever do that.
The fact is that such actions are clearly interpreted as leaving the scene of an accident. The at-fault driver will be lucky if the other car owner actually agrees to take the money and forget about the incident. Another situation is when an application is submitted to the traffic police. And with a note it will be easier to find the culprit.
Is it worth going to the police?
Often drivers, finding themselves in the situation described in our article, ask themselves the question: “Maybe they won’t find it?”
Yes, sure. Maybe they won't find it. However, in the era of technological progress, when surveillance cameras and passers-by with smartphones are everywhere, hoping for such a development of events means counting on chance.
Our opinion is that it is better to come to the traffic police and report an accident, subject to thorough preparation and prior consultation with lawyers or attorneys.
After all, as mentioned above, you can find a decent way out of many situations. At the same time, keep your driver’s license and avoid other measures provided for by law for violators of law and order.
If the driver left the scene of the accident and decided to hope for luck and luck, then you need to remember that the main thing that needs to be proven is the unintentionality of his actions.
That is, the fact that the accident site was abandoned was not intentional and for objective reasons. Otherwise, responsibility cannot be avoided.
The information contained in this article highlights the complexity of the situation. It is obvious that you cannot do without the help of specialists in legal matters.
Accidents in the yard and in the parking lot - questions and answers
Car collisions in courtyards and parking lots are a common phenomenon. The density of other cars and driver inexperience contribute to accidents. The weather can also have its say.
Most vehicle owners do not know how to behave after an incident. Not everyone understands the penalties that may arise.
Below are questions regarding the most common situations. The answers to them will prompt the right decision.
They left and left a note
Our car was hit in the yard. I wasn’t home for several days, but I left my car in the parking lot near the entrance. When I returned I found a broken taillight.
The driver who did this left a note on the windshield with his coordinates and his willingness to negotiate. What is the best thing to do in such a situation? Do I thank you in advance?
Alexey, Moscow.
Expert commentary
Kosykh Tatyana Viktorovna
Lawyer, more than 1 year experience.
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This procedure will be optimal. It is worth contacting the author of the message and making an appointment. It is advisable that the car owner arrive in a car that still retains traces of the collision. Then you can limit yourself to drawing up a European protocol, indicating that the accident occurred at the current moment. In such a situation, each motorist applies for compensation under compulsory motor liability insurance to his insurance company and everyone is satisfied.
If you left by accident
I returned the other day from friends. In the dark, I didn’t notice how I struck someone else’s car. Half an hour later he returned to the scene of the accident.
At that moment the traffic police had not yet arrived. We agreed on the basis of a receipt to reimburse the injured party for repair costs. Should we expect any more consequences?
Vyacheslav, Domodedovo.
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Kosykh Tatyana Viktorovna
Lawyer, more than 1 year experience.
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In the described situation, prosecution for leaving the scene of a traffic accident does not threaten, since the incident has not yet begun to be formalized legally. Another thing is that you need to fulfill your financial obligations in a timely manner. Otherwise, the risk of litigation increases. It is possible that you will have to incur additional material costs to pay legal fees.
I learned about the collision after a long time
Two years ago I came to visit a friend. One day I caught a car parked in the courtyard of a house because there was heavy ice. To be honest, I forgot about the incident.
However, I recently received a summons from the court. He will consider the case on the imposition of sanctions provided for in Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation. Tell me what to expect?
Igor, Moscow.
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Kosykh Tatyana Viktorovna
Lawyer, more than 1 year experience.
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Since the accident occurred several years ago, there is no need to fear administrative liability, since the one-year statute of limitations has expired. However, additional scenarios cannot be ruled out. The main one is a lawsuit for compensation of property damage. A requirement for moral compensation is often added to it.
The victim did not respond to attempts to resolve the issue
In the courtyard of a high-rise building, a neighbor's car was damaged during an unsuccessful maneuver. He immediately offered him 15 thousand rubles as compensation.
The owner of the damaged car asked to be given 10 days to think about it. The deadline has long passed, but no intelligible answer has been forthcoming. Tell me what is the best thing to do in such a situation?
Fedor, Vnukovo.
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Kosykh Tatyana Viktorovna
Lawyer, more than 1 year experience.
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It is difficult to give any assessment to the motives of the neighbor's behavior. Perhaps the accident has already been forgotten and there is nothing to fear about the consequences. The citizen’s employment also plays a role. Be that as it may, we need to try to resume the dialogue. After this, it is advisable to send an offer to compensate for the damage voluntarily in writing. Depending on the further development of events, a line of one’s own behavior is built.
Damaged another car while parked
While driving into the parking lot in front of a shopping center, I accidentally scratched a nearby car. The driver was not there, so we had to call the traffic police. The OSAGO policy was in hand and up to date.
What consequences can be expected in the future? All circumstances of the event are recorded in the materials compiled on the fact of the incident. Thanks in advance for your advice.
Konstantin, Balashikha.
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Kosykh Tatyana Viktorovna
Lawyer, more than 1 year experience.
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The most likely scenario will be the following. It will not be difficult for the traffic police to establish the identity of the owner of the damaged car. Next, he applies to the culprit’s insurance company for compensation, which is provided by organizing repairs. Judging by the situation described, there will be no recourse payments in the future.
There was actually no accident
They are accused of damaging a car parked in one of the yards. The owner of the car brought his witnesses, who claim that they dented the right side of the damaged vehicle.
The owner of the nine agrees to leave the incident unattended. However, in return he persistently demands compensation in the amount of 20 thousand rubles.
Wondering what to do in such a situation? Is it possible to prove that you are right? Thank you in advance for your response.
Daniil, Lyubertsy.
Expert commentary
Kosykh Tatyana Viktorovna
Lawyer, more than 1 year experience.
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There are several options for exiting the described story. If the car has a dash cam, the other party can be shown footage of the day the alleged collision occurred. In addition, it is necessary to insist on conducting an examination involving two cars. It will reliably determine whether there was a collision or not.
Finally, when threats and demands continue to arrive, you need to write a statement to the police. After all, there are signs of extortion.
In paid parking
Small scratches in a parking lot can be caused by accident, and a novice driver might not notice that he hit someone else's car. If you have CASCO insurance, you need to contact the insurance company and follow the instructions received. You must contact us immediately after discovering a defect.
If you do not have such insurance, you need to write an application addressed to the director of this parking lot. Surveillance cameras are installed in guarded paid parking lots, the recordings from which will help to find the culprit of the scratch on the car and resolve the conflict peacefully or through the courts.
Paid parking does not guarantee the safety of the car - often the contract stipulates that it only provides a place to park the car. If the document and rules indicate responsibility for storing the car, then you can file a complaint with the management of the parking lot. Is it not responding? Then you will have to go to court.
