How to avoid a car accident involving a pedestrian - Lawyer in Samara and Moscow - representation in court and legal services

Characteristics of a fake accident

Victims of intentional road accidents most often become drivers traveling alone, distracted by a conversation on a mobile phone, without driving experience (with a “U” sign on their car) or taxi drivers. Fraudsters create certain situations in which the insurance company is obliged to pay compensation. Some citizens try to resolve the issue “amicably” on the spot and give large sums of money to the criminals as damages. The main types of fraud are:

Taking out insurance for a car retroactively, when it has already been involved in an accident. This is done to shift responsibility from the driver to the company.
False accidents for insurance with a substitute driver. Often, during an accident, a person who is not included in the policy is driving. In this case, no payment is made, and therefore the scammers in this situation put the person whose details are included in the policy behind the wheel. It is very difficult to prove a violation here.
Bank or insurance document scam. The employees themselves are usually involved in the setup, falsifying the results of the examination in order to receive higher compensation for minor injuries.

You can protect yourself from fraud associated with road accidents by installing a DVR, calling traffic police officers to the place where questionable actions are taking place, recording everything on a mobile phone camera, and also involving strangers as witnesses.

How to recognize that they want to make you a victim of an auto scam

In many cases, this is extremely difficult to do, even if you are well aware of all the main methods of this type of fraud. But there are still a number of recommendations that will help avoid the unenviable fate of the victim:

if you are driving without violating traffic rules, and a car of a well-known brand (Mercedes, BMW, Audi) is persistently trying to push you to the side of the road;
if suspicious maneuvers in relation to your car are performed by a car in which all the windows are tinted, and the license plates are not visible or are missing altogether - most likely you are faced with a car criminal;
if after a collision the driver or passenger of a foreign car tries to lure you out of the car;
if the driver of the car you crashed into against your will insistently suggests calling the insurer (you do not need an insurance company, but a representative of the traffic police);
if you refuse to follow the instructions of the allegedly injured party, and at the same time they begin to threaten you.

In all these cases, you need to exercise maximum caution, since there is a high probability that you are dealing with ransomware.

Popular auto setup schemes

For a fake accident, the perpetrators face serious consequences, but this stops few people. Fraudsters often use proven “working” schemes to deceive citizens or insurance companies. The most common of them are:

Staging an accident. This is a deliberate decision to deteriorate the condition of the car in order to present it as a victim in an accident. In such a situation, it is important to find witnesses who will confirm the absence of a traffic accident. Then the scammers will not receive money from the insurance company.
Double payments. Often after an accident, the parties agree to resolve the conflict without involving traffic police officers. In such a situation, the culprit gives a certain amount of money on the spot and leaves. After this, the victim calls the traffic police and draws up a report: thus, collecting compensation for the damage caused again.
Taking out a policy for a damaged car. If an uninsured vehicle is damaged in an accident, many culprits try to hide this fact by concluding an MTPL agreement with the company and collecting compensation from it. For everything to go smoothly, one of the company’s employees must be at the same time as the attackers.
Fraudulent theft. The fraud lies in the fact that a CASCO agreement is concluded. After this, the transport is disassembled for spare parts or exported abroad. In this case, the owner contacts law enforcement agencies and reports the car theft, after which he formalizes payment of compensation.

Attention! Staging an accident for the insurance company is the most common type of fraudulent activity. In this situation, either one or both parties may know about the illegality. When the criminals are caught, each swindler will suffer the prescribed punishment. In most cases, automatic scams are easily discovered, since many schemes are not fully thought out and do not take into account hundreds of nuances.

Types of auto stands

Rollback. Most often, such a setup occurs in a traffic jam or at a traffic light. The car in front suddenly begins to roll towards you, making it impossible to avoid such a collision. And, as a rule, the one who was behind is to blame.
Overtaking a car. A car overtakes you and suddenly turns to the right and stops. You drive into it by inertia. If you try to go to the right, then most likely, the car of your accomplice will also be waiting for you there - you were being framed.
Give Way. The car driving behind you will constantly inform you about the need to give way to it - honk, flash its headlights, do some other annoying things. At some point, you decide to give in and turn right, where you will have a “collision” with another accomplice’s car, which was always somewhere nearby.

At the crossroads. Fraudsters are located on the main road before the intersection, so they will have priority passage, and wait for the car to appear to carry out the setup. As soon as a driver driving on a secondary road appears at an intersection, the scammers quickly and unexpectedly drive onto the central part of the road. The driver of another car in this situation most often does not even have time to brake and collides with the attacker’s car. Novice drivers most often fall for this type of setup. The presence of a DVR will easily resolve this situation, otherwise it will be quite difficult to prove anything, especially if the scammers “find” supposed witnesses to the accident.

Box. Two scammer cars are located to your right and left. The car on your left will be driving as close to you as possible, while the other car will be in the blind spot. At some point you will simply have to turn right to avoid a collision, but there you will collide with another car.

Pedestrian hit. While crossing, a person may suddenly rush under your wheels or onto your hood. Which may then show you bruised legs or arms, some other injuries or broken equipment. Nowadays, a setup without a “victim” at all is gaining popularity. To do this, scammers leave traces on your car in advance, at some point they catch up with you and begin to assure you that you caused the accident and fled the scene.

Even if you agree with the scammers (which you absolutely should not do) to pay on the spot, the scam may not end there. After some time, the scammers may bother you again with phone calls demanding that you pay extra money because you fled the scene.

Staging an accident with the consent of the participants

One of the ways to deceive on the road is to fake an accident by agreement of the parties. The idea is to get double the benefits. It is formed due to the fact that the victim offers the culprit (often in a drunken state) to settle everything at once. If he agrees and pays compensation on the spot, the fraudster waits until he leaves and calls the traffic police. The protocol records the fact of leaving the scene of the accident. In addition to the amount already received, the victim makes a payment to the insurance company.

What is an auto stand

Any traffic accident, the purpose of which is to obtain money, committed intentionally and planned in advance can be classified as a car set-up.
Typically, in the event of such an accident, there is minor damage and no injuries. This was done in order to receive money from the driver on the spot without contacting traffic police inspectors and further litigation with insurance companies.

Often, the victims of scammers are drivers who are driving without passengers , who clearly insecure behind the wheel, who are either talking on a cell phone while driving, or who are simply noticeably distracted .

Punishment for a fictitious accident

An intentional road accident is revealed very quickly, and all participants will face punishment as determined by law. Some people think that this is only administrative responsibility, but such actions are often classified as criminal. What is the penalty for falsifying an incident on the road:

Penalties up to 120 thousand rubles.
Performing mandatory work up to 300 hours.
Compensation for expenses and damages incurred in the amount of the annual income of the person responsible for the accident.
Forced labor for a year.
Correctional labor for up to 1.5 years.
Imprisonment for a period of 6 months.

Such consequences are provided for by the provisions of the Code of Administrative Offenses and the Criminal Code. Based on the situation, by court decision, they can be deprived of liberty for a longer period. Members of a criminal gang, for example, receive up to 10 years in prison if they systematically set up road accidents over several years.

Rescue from scams

No one is immune from getting into accidents caused by scammers.
It should be remembered that a video recorder can serve as a deterrent for many dishonest people, since recording the moment of an accident often serves as proof of the innocence of the driver allegedly guilty of the accident.

You should also not agree to a financial settlement at the scene of the accident.

In the event of an accident, you should call the traffic police or fill out a Europrotocol if the damage is minor.

In a situation where the driver is accused of committing fraud, then it is worth contacting the traffic police in order to record the accident, and also enlist the support of witnesses who can confirm the absence of malicious intentions and the accidentality of the situation.

How to avoid auto fraud

Road accidents are created deliberately in order to make money. The situations are staged and are most often intended for drivers who violate traffic rules and do not want to call the traffic police. Therefore, it is extremely important to always comply with established regulations. Then, if there is a suspicion of unlawful actions, you can notify law enforcement agencies without fear.

Advice! Another effective way to protect yourself from scammers is to purchase and install a high-quality DVR.

When certain actions on the road are performed intentionally, they are necessarily recorded by this device. It will be much easier to prove you are right later. In case of inappropriate behavior of the other party, the best solution is to lock yourself in the car and wait for the police to arrive.

How to find out who was framing it?

Most often, the suppliers drive quite prestigious brands of cars - Audi, BMW, Mercedes and so on. As a rule, these are two cars and two people, respectively. One creates the conditions for a setup, and the other is set up. Both cars are most often tinted, one or both license plates may be missing, or they may simply be in transit. The right front fender is wrinkled or poorly smelted. In 95% of cases, if the above signs are present, the cars were substituted. It is worth saying that despite the external gloss and beauty of the car, most often behind the facade there is a rather broken and not new car. All this is done in order to psychologically suppress the victim who has just “broken” or “damaged” an expensive car.

How to prove you're right if you've been framed

After an accident, the driver, suspecting a staged situation, must immediately call the traffic police, even if everything is arranged in such a way that he looks like the culprit. Before their arrival, it is necessary to record all the circumstances on a mobile phone camera, clarify the testimony and personal data of witnesses. It is strictly forbidden to move vehicles or change the position of objects related to the accident. If the other party does this, then such actions must be recorded on video.

It is also worth informing the insurance company about the incident, calling trusted persons and clarifying all the details of the second party to the accident. Involve third-party people as witnesses to what is happening, it is advisable that they be eyewitnesses. Only if you follow all the recommendations will it be much easier to prove your innocence.

Fraudulent accidents are not uncommon in our country, so every driver needs to know the basic schemes of scammers and not agree to resolve controversial situations on the spot without the involvement of traffic police officers. Otherwise, there is a risk of falling into the hands of scammers or unwittingly becoming their accomplice.

Preventive measures and special recommendations

Make sure you have good communication. Especially if you often travel outside the city or on the highway. Choose an operator that has good coverage in the areas where you plan to travel. Otherwise, you can find yourself in a very unpleasant situation, and now we are talking not only about auto setups. You may simply stall in some deserted place at night and be unable to call for help.
Buy quality side mirrors and the necessary software. I have already spoken about this, I am simply emphasizing the importance of this contribution for your safety and comfort. The DVR will always help if a controversial situation arises. The same situation with a pedestrian on the hood can be proven quite easily with a simple video recording. The second recorder can be placed so that it records what is happening behind the car.
Buy an MTPL policy. In 95% of cases, this will stop communicating with the scammers; they will simply not communicate with you any further. Even talking about how they need money right now is also a way of psychological manipulation. In any case, insist on your option: calling the traffic police, organizing an analysis team - the insurance company.

IMPORTANT: even if the scammers leave the crime scene, you should still call the traffic police, because your damage should also be recorded, and perhaps this will help find the framer.

Of course, even following all the recommendations does not guarantee that you will never encounter car accidents on the roads. But awareness of these issues will definitely allow you to reduce the risks of such a situation to a minimum.

Normative base

Intentional crimes committed on the territory of the Russian Federation using motor vehicles belong to the group of auto-frauds. These are crimes aimed at obtaining funds from the victim, provided that such funds will be received from the victim at the end of the crime. They belong to the spectrum of crimes of a fraudulent nature, based on the gullibility of the victim.

The main types of punishment for committing such crimes are provided for in the provisions of Article 163 “Extortion” and 330 “Arbitrariness” of the Criminal Code of the Russian Federation. In accordance with these articles, punishment for committing such a crime can be assigned differentially, depending on which particular article we are talking about.

So, if we talk about auto fraud as extortion, then the punishment can vary from restriction of freedom for up to four years to imprisonment for up to fifteen years with a fine of up to one million rubles.

If we are talking about arbitrariness as the legal basis of a crime, then the punishment can range from a fine with a maximum amount of up to eighty thousand rubles to imprisonment for up to five years.

The direct choice of the type of punishment to be applied, indicating its amount, is made by the court based on the study of the available case materials.

Automatic stops on the roads in 2018-2019: new schemes

"Smoke bomb"

This method requires fraudsters to have acting skills or the ability to influence the psyche of victims.

When the owner leaves the car unattended, criminals quietly push an object into the exhaust pipe. Sometimes attackers inject a little antifreeze or motor oil under the hood with a syringe.

Then the scammers “herd” the victim and monitor the car. When the muffler is clogged, the car loses traction and the engine stalls. If a flammable substance is sprayed under the hood when the engine heats up, smoke and an unpleasant odor appear in the cabin.

The driver stops to inspect the car (most often women are chosen as victims of such car setups on the road). And then a “sympathetic” driver appears on the scene, volunteering to help the defenseless woman. He “accidentally” drove by and noticed that the lady was in trouble.

Fortunately, the “assistant” turns out to be an experienced mechanic. He states that it is better not to take risks, because it is unsafe to drive further in such a car. He can offer his services, drag the car on a cable to the nearest service center where he has connections (sometimes the scammer has an “acquaintance” with a tow truck).

At the service center, “familiar technicians” assure the lady that the car’s engine needs to be replaced. Nothing can be done, the owner of the car agrees. And after the “work” is completed, she is presented with an invoice for all services. The figure will be around 50,000 rubles.

Your people in the parking lot

A recently appeared type of auto stands on the road. This kind of fraud is thriving in St. Petersburg. The scheme is simple and effective. Another car parks next to the car. The scammer does this in such a way that it is almost impossible to get out.

The victim tries to leave the parking lot as carefully as possible. At this moment, an “adviser” appears, showing how best to do this.

The driver, following the tips of a “well-wisher,” hits a car parked next door. The “owner” immediately appears and begins to be loudly indignant. Meanwhile, the “adviser” is hiding unnoticed.

And then - the final stage of this auto setup on the road. The owner of the “densed” car states that he does not have time to call the traffic police and demands compensation for the damage right now. And the fraudster, as a rule, succeeds. Don’t fall for this kind of bait, never listen to random passers-by.

"Pedestrian" with an expensive smartphone

Swindlers today are becoming more sophisticated, inventing new ways to scam people. Methods of deceiving car owners are constantly being improved. Hitting a “pedestrian with a smartphone” crossing a zebra crossing is another new type of traffic stop on the road.

How car scammers work: they buy the most expensive smartphone (damaged, of course). The scammer then simulates a hit-and-run. Fortunately, everything works out without casualties, abrasions or bruises. But bad luck, the pedestrian had an expensive gadget in his hands during the collision. And now, after falling on the asphalt, it is broken into pieces. Naturally, there are “witnesses” who even managed to “record” the incident on video. Of course, if this issue is somehow resolved, there will be no complaints...

Auto stand on the road with a phone

Recently a fundamentally new divorce scheme has emerged.

The attacker places a note on the window of the victim's car. It contains an apology. Say, I, so-and-so, accidentally damaged your car, but unfortunately, I don’t have the time right now. If you call, I agree to compensate for damage, etc. The phone number is listed below.

Don't even think about calling! The call will be paid, and the cost will be fantastic. You will lose a large amount of money. The balance may even become negative, and you will also have to repay the debt using your own funds.

Registrars in the service of scammers

Another new type of auto support on the road. This scheme is more common in the Moscow region. The essence of the method is that scammers use the DVR to deceive car owners.

How does this happen? The scammers arrange an accident, after which they persuade the victim to resolve the issue on the spot. Just in case, the criminals offer to exchange phone numbers. The victim agrees to compensate for the damage, and the fraudster promises in return not to inform the traffic police about what happened. At first glance, the conflict is over, everyone leaves happy.

But after some time, the driver receives a call or receives an SMS. The criminals, despite the fact that they received the money, claim that the victim fled the scene of the accident. And this is fraught with deprivation of rights for up to 1.5 years. But if the driver pays some more money, there will be no publicity.

You will not prove anything if you encounter such a car set-up on the road.

The incident could have been recorded by the scammer's video recorder.
Criminals may have recorded the moment you left the scene of the accident.

The worst thing is that it happens that traffic police inspectors take part in such scams, conspiring with swindlers.

In Moscow, the amount required by car suppliers reaches 300 thousand rubles. In the regions, criminals ask for a little less, about 100 thousand rubles.

Information: when an accident occurs, participants are obliged not to leave it, calling the traffic police inspectors to draw up a report. Otherwise, according to Article 12.17 of Part 2 of the Code of Administrative Offenses of the Russian Federation, the violator faces deprivation of rights.

"Foreigner with Jewels"

This is an old and well-known auto stand on the road with a ring.

You are driving along a deserted country road. Suddenly you notice a car with foreign license plates parked on the side of the road. A man leaned over the open hood. Seeing you, he begins to vote, calling for help. Naturally, you stop. The “foreigner” in bad Russian reports that he came to our country on a business trip, but a breakdown occurred (ran out of gasoline, money, etc.)

The “overseas guest” is ready to pay with the valuable things he has (gold jewelry, watches, fur coat, etc.). Of course, everything will later turn out to be fake or cheap.

What’s the best way to deal with this car set-up on the road? We recommend that you never stop, no matter how much you want to help the person. But if this happens, communicate with the stranger without opening the door. Tell him you will call the police. Inspectors will come, sort it out and help if necessary. Never give anything to strangers or take anything from them.

"Theft" of the number

The next type of auto stands on the road. Some time ago, one car owner from Rostov-on-Don managed to record a very strange story on his DVR. A young man approaches a car parked at an intersection, whose face is not visible due to the hood pulled over his head. The young man looks around, leans towards the bumper, takes off the license plate and disappears from sight with it.

Usually in this case the driver jumps out of the car and rushes after the thief. But here the driver did not move, realizing that the thief probably had accomplices. They wait for the owner to leave the car. In an unattended car, criminals will immediately take away all valuables and documents.

When scrolling the video in slow motion, it becomes clear that the fraudster did not do anything with the number, it was an imitation of theft. The attacker had another number hidden under his clothes. The criminal leans into the “dead zone”, which is located under the hood, and takes out a prepared number from under his jacket. Then, once in the driver's line of sight, the bully shows it to the driver and takes off running.

With such an instantaneous setup on the road, the driver will not have time to see the numbers and will be sure that this is his number. This is what it is counting on. A clever trickster takes no risks. Even if he is caught, he will have nothing to show for it, since he actually did not steal anything. The scammer will simply say that it is a joke, etc.

And the driver, if he takes this bait and chases the swindler, will leave his car at the complete disposal of the real thieves. They will clean the car in a matter of seconds. Moreover, their connection with this “joker” is practically unprovable.

Falsification of an accident diagram

Falsification of an accident diagram involves falsifying the diagram, indicating false information, in particular, the location where signs or any objects are supposedly located, indicating inappropriate boundaries, distances, etc.

It is worth noting that when falsifying an accident diagram, there is the intent of a person or persons who, for some reason, are interested in providing false information.

It will be much easier to challenge the diagram and the non-compliance of the information specified in it if you get into an accident and record the accident, namely:

take pictures of cars from different angles, including license plates,
take photographs of the damage;
take photographs of the condition of the road, signs, car parts, and other objects, and take photographs in such a way that, if possible, the cars of all participants in the accident are visible;
save information from the DVR;
Record information about the accident on your phone video camera;
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