A road accident is a serious psychological stress. In a state of passion, a person does not think about his actions. It happens that, confused, the driver responsible for the accident disappears from the scene. What a law-abiding citizen should do in such a situation and how to minimize the consequences of a rash act will be analyzed in this article.
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Characteristics of the definition of “leaving the scene of an accident”
The rules do not clearly state what is meant by the phrase “leaving the scene of an accident.” But it means an attempt by the culprit to leave in order to avoid possible consequences. But at the same time, pulling to the side of the road to remove an obstacle on the highway does not equate to this. By leaving the scene of an accident at will, a citizen is at great risk. Lack of documentary evidence leads to the following consequences:
- Blame for the accident, even if the cause was the actions of a third party.
- Administrative or criminal liability for attempting to escape, depending on the situation.
- Full compensation for the harm received by the victim, including moral and material, since insurers refuse to pay it due to the absence of a second party.
- Compensation for damage to health, up to lifelong benefits.
Having learned about the consequences provided for the violator in 2019, you should realize that leaving the scene of an accident is not recommended unless there are compelling reasons for doing so. The participant loses the opportunity to check the correctness of the documentation after the arrival of traffic police inspectors.
Avoiding penalties due to the statute of limitations
Leaving the scene of an accident is classified as an administrative offense, and therefore has a corresponding statute of limitations. In Art. 4.5 of the Code of Administrative Offenses says:
A decision in a case of an administrative offense cannot be made after two months (in a case of an administrative offense considered by a judge - after three months) from the date the administrative offense was committed.
The statute of limitations for leaving the scene of an accident in 2021 remains within the previously established time frame, i.e. 3 months if the case goes to trial.
But do not forget that after 3 months the statute of limitations expires only for the fact of escaping from the scene of the accident, but the offender is still liable for damage caused to property and (or) human health. If the culprit has a compulsory motor liability insurance policy, then the damage caused is paid by the insurance company. If he does not have insurance, then in this case the citizen bears personal liability within the framework of Russian legislation. For damage caused to property (including vehicles) - 3 years (Article 196 of the Civil Code of the Russian Federation), for harm caused to the health and moral state of a person there is no statute of limitations (Article 208 of the Civil Code of the Russian Federation).
Intended punishment
Drivers who are afraid of the consequences are hiding from the scene of an accident, but for this violation of traffic rules in 2021 they face deprivation of their rights and, in addition, liability under criminal law. This usually happens if a person is drunk, there are injured or dead people, or a parked car has been damaged. Also, sometimes the culprit simply does not want to wait for the inspector to arrive. Many violators count on the rapid expiration of the term, after which they will no longer bear the punishment prescribed by law. But for leaving the scene of an accident in 2019 with victims, the following is provided:
- Fine from 80 thousand rubles. up to the amount of income received for 6 months.
- Forced community service for up to 360 hours.
- Restriction of freedom for 90 days.
- Prison for up to 1 year.
If there is an accident without injuries, then the driver’s driver’s license is taken away, he is prohibited from driving for up to 1.5 years, or his freedom is restricted for 15 days.
In the first case, criminal liability is provided, since the culprit leaves the victim in a dangerous situation: many deaths in road accidents could have been prevented by prompt delivery of the person to the hospital. In this situation, an investigation is also ordered, and the three-month statute of limitations does not apply.
They have been searching for the criminal for several years, and if caught, they will be additionally charged with hiding material evidence and evading responsibility. Security cameras are used in the process, so it is rare for anyone to reach the end of the statute of limitations without receiving a notice from the court. Reconciliation of the parties by mutual consent is allowed, but only in minor accidents.
It is important to know! If the offender leaves nearby and returns before law enforcement services arrive, this is not considered a serious offense. Therefore, he will not face severe punishment for leaving the scene of an accident without injuries in 2021. In controversial situations, all key details of the event are considered.
The concept of a statute of limitations
According to Chapter 12, Article 195 of the Civil Code of the Russian Federation, the statute of limitations is the period allotted by law so that the victim can defend his rights. Why is there a statute of limitations? In principle, it can be called a guarantee that the violated right of a citizen will be restored in court.
If the statute of limitations has already passed, it is much more difficult to restore violated rights. However, if there is a good reason, then it is possible. The court will not consider the application if the statute of limitations has expired.
There are 2 types of statute of limitations:
- general. It is 3 years;
- special. It is established depending on the subject of the dispute.
If leaving the scene of an accident occurs, the relationship between the perpetrator and the victim will be regulated by the Civil Code of the Russian Federation. As already mentioned, the statute of limitations it establishes is 3 years.
The limitation period can be calculated:
- from the moment of the accident;
- from the moment the person is notified of the violation of rights.
It is very important to pay attention to some features. Thus, leaving the scene of an accident is punishable either by deprivation of a driver’s license, or by imposing an administrative arrest for a period of 15 days (as a rule, when fleeing the scene of an accident, in 95% of cases the punishment is deprivation).
Aggravating circumstances
Deprivation of a license for leaving the scene of an accident is not the worst punishment. More severe sanctions await the culprit for this offense committed while intoxicated. Drinking alcohol before a trip is strictly prohibited by traffic rules and is therefore an aggravating circumstance. In addition, the Criminal Code provides for the initiation of proceedings for leaving victims with wounds and injuries, or failure to provide first aid. In this case, it will not be possible to resolve the global issue. If this resulted in death, the situation would be classified as manslaughter. The case is examined in court, and instead of a lawyer, the culprit should find himself a lawyer.
Unintentional abandonment
Sometimes, due to inattention, people leave the scene of a collision, for example, when a car is damaged in a parking lot. In this case, the claim is also presented to the person in accordance with the established procedure. Unintentional abandonment may be recognized as:
- The accident occurred due to limited visibility or poor weather conditions and was not immediately detected by drivers.
- The impact or squeak from the contact was not heard due to the loud music in the car.
- The accident was not noticed due to the absence of grinding or loud sounds that could be heard in the cabin.
The rules do not provide for the concept of leaving a place without intent. However, the court considers each individual case individually, and it can be recognized as such if there were no injured persons and the damage caused was minimal. The presence or absence of notification to the traffic police about the incident is taken into account.
When is it permissible to leave the scene of an accident?
Traffic rules provide for situations where after a collision a person has the right to leave the scene of the accident. For which actions there will be no administrative punishment:
- When it is impossible to transport victims by car to the nearest medical facility. In this situation, it is necessary to leave the other party with your registration data, policy number, personal information and return to the scene of the incident.
- When there are no injuries in the accident and after assessing the circumstances, the parties agree that there is no need to call the traffic police to register the incident.
- The accident involved two vehicles that were legally insured. The harm caused is not controversial and was recorded using the European protocol.
- The need to take a pregnant woman to the maternity hospital due to the onset of labor or bleeding.
Hurry dictated by an attempt to catch a departing train or bus or get to an important event (discharge from a maternity hospital, wedding, birthday), even if the person left his data to the other party, is not considered an excuse. Turning yourself in, filing a confession statement, assisting law enforcement agencies, and voluntarily paying damages will help mitigate liability.
Statute of limitations for misdemeanors
If drivers leave the scene of an accident without good reason, they can avoid punishment only after the statute of limitations has expired. After recording the event, interviewing witnesses and drawing up all the required documentation, the police begin searching for the offender.
It is important to know! The provisions of the Code of Administrative Offenses give 90 days for all actions. These include search work and filing charges for committing a violation. After the expiration of 90 days, it is illegal to hold the driver accountable and draw up a resolution in his name. But if there were deaths in the accident, then the search for the culprit will take three years.
If a person, having hit or crashed into another car, fled the scene of the crime, this is considered an aggravating circumstance. This is subject to administrative and criminal liability. In such a situation, a person loses the opportunity to control the correctness of filling out the protocol and drawing up a diagram of what happened. The driver can only be justified by the need to promptly deliver the victim to the hospital.
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The passport and a sample application are in court with the assistant to the chairmen
Filing a claim for compensation for damage caused by an accident. What is the statute of limitations for filing a claim for compensation for damage after an accident. The general statute of limitations in this case is three years.
Better through a lawyer)))))
Statement of claim, state duty, copies of all certificates, checks confirming the damage caused….
Has the insurance company already paid you anything? Since the car is written off, it is better and faster in this situation to file a package of documents against the culprit: Statement of claim, receipt for payment of state duty, certificate from the traffic police, damage assessment from an independent expert, and also - if the insurance company paid you part of the money, then an account statement to confirm this. Good luck
How to act after an accident, UKRAINE
The question should be asked on the website of the Ukrainian AAI.
Deadline for filing a lawsuit against the culprit after an accident. When can you file a lawsuit against the culprit after an accident? Is it worth checking the protocol for a complete and correct dialogue about the statute of limitations?
What is the deadline for filing a traffic accident report?
Without moving immediately
By law, the statute of limitations is three years from the date of the accident for filing a claim against the person at fault for the accident and two years for filing a claim against the insurance company under a property contract.
If we are talking about filing an application with the insurer, then within the limitation period, that is, three years. The insurer's refusal to pay with reference to a violation of the deadline for filing an application provided for by the law on compulsory motor liability insurance or a voluntary insurance agreement is illegal and is not taken into account by the courts, since the most important thing is not to miss the statute of limitations.
What are the deadlines for filing a claim in court after an accident against the person responsible for the accident?, he is not insured
The Nika insurance company did not pay for damage to health after an accident, where can I file a lawsuit against it?
Claims are brought at the location of the defendant
Statement of claim - family matters. Drawing up legal documents. Now you are here QUESTION - ANSWER Civil law Deadline for filing a claim in court for compensation for material damage in case of an accident.
Only a visit from the tzaddik can force them to make a fair decision.
Since your health has been damaged, you can file a claim in court at your place of residence (source: I filed it myself in the interests of clients).
To the consumer protection department.
Contact the World Court at the place of legal registration of the company. With a well-drafted claim, there is a 100% win.
Source: https://www.optima95.ru/text/sroki_podachi_iskovykh_zajavlenijj_posle_dtp.php
