If the car was scratched by the owner himself or another culprit: how to get a CASCO payment?

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There are often cases when drivers hit other cars when parking or driving in the yard. Such an incident is considered an accident (according to paragraph 1.2 of the traffic rules). Some drivers decide in such situations to simply leave the scene of the accident, wanting to avoid consequences. Punishment is provided for such actions, as this is considered unauthorized leaving the scene of an accident. Next, we will consider in detail how to act in the event of an accident in the yard, and whether it is possible to do without calling the traffic police.

Instructions for action in case of an accident in the yard

If you are involved in an accident in the yard, you must follow the following algorithm:

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

1. Stop and put the car in neutral (or handbrake).
2. Turn on emergency mode and, according to traffic regulations, install an emergency sign 15 meters from the accident. If you do not do this, regardless of who is guilty of what happened, you will be fined 1000 rubles.
3. Under no circumstances should you change the position of vehicles or other parts of an accident (for example, fallen off car parts). Everything should remain in its place until traffic police officers (or emergency commissioners) take photographs of the scene of the incident, the results of which will subsequently be attached to the case file.
4. If there are victims in an accident in the yard, you must immediately call an ambulance.
5. Next, traffic inspectors are called. This may not be done if the amount of damage is no more than 50 thousand rubles and it was possible to reach an agreement with the second participant in the accident.
6. If possible, take your own photographs and videos of the scene of the incident. The photographs must show the registration numbers of both participants in the accident in the yard, a panorama of the place and all existing damage.
7. Next, an accident diagram is drawn up. It must be agreed upon by both parties to the accident (signatures of each are required).
8. If possible, find witnesses to the accident. If they refuse to wait with you for the arrival of traffic inspectors, you can take their phone numbers in order to later invite them to court to testify.
9. The final stage of registering an accident in the yard: contacting traffic police officers at the regional traffic police telephone number or 02 (112; 020) . If the damage is minor and the drivers managed to reach an agreement among themselves, a Euro protocol can be issued. Otherwise, or if there are victims, traffic police officers are called to the scene of the accident.

IMPORTANT
Never leave the scene of the incident in the yard. Regardless of whether you are the culprit or not, there is a severe penalty for such an action (deprivation of rights or arrest, depending on the severity of the consequences).

What to do if you hit a parked car?

It is possible that while driving a car, you can accidentally hit a parked car. What to do? It is better to act as follows:

• stop your car at the scene of the accident and turn on the emergency lights by putting up a warning triangle
• take a photo of the accident scene, car damage, you can also make a video on your phone
• if the car creates obstacles for the passage of other cars, then it should be removed from the roadway, provided that the steps to photograph the cars at the scene of the accident have been completed
• after this, you should try to find the owner of the damaged car, call the traffic police or negotiate with the victim about compensation for damage by issuing a receipt, or drawing up a European report

Thus, if you are the culprit of damage to a parked car, you should not leave the scene of the accident, but you must follow the above steps.

In what situations is it necessary to call the traffic police?

Let's consider cases in which calling traffic police inspectors is mandatory, regardless of whether the participants in the accident in the yard agreed or not:

• There are 3 or more participants in the accident. In such cases, a detailed investigation is usually required, so the active participation of law enforcement officers is mandatory.
• As a result of a traffic accident in the yard, damage to human health was caused. This applies not only to drivers and passengers, but also to passing pedestrians or cyclists.
• At least one of the drivers does not have a compulsory motor liability insurance policy. Therefore, when registering an accident without calling the traffic police, be sure to make sure that the second participant has it and is not expired.
• The total amount of damage exceeds 50 thousand rubles. For drivers from Moscow (or Moscow Region) and St. Petersburg (and Leningrad Region), this threshold has been increased to 400,000 rubles.
• Disagreements have arisen between the participants in the accident, and it is not possible to “mutually” determine the culprit. If each driver shifts the blame for the accident onto the other, the intervention of traffic police officers is necessary. After studying the case materials, they will independently determine the culprit.

Attention
If at least one of the above factors of an accident in the yard occurs, calling the patrol service is mandatory.

What to do if you dented your car in the yard and disappeared - do you have compulsory motor liability insurance?

The situation looks a little more complicated if you find that you have dented your car in the yard, what should you do if you have compulsory motor liability insurance? In addition, an aggravating factor is that the person responsible for the accident was not found at the scene.

Motor insurance does not provide the opportunity to receive compensation for repairing your own car, but only allows the person at fault for an accident to receive compensation within the limit from his insurer (if he has compulsory motor liability insurance). If the amount of damage exceeds the permissible limit, the victim may demand the remaining amount from the fugitive. But this is only possible if you find the same offender. If you dented your car in the yard and disappeared, the police will tell you what to do, and you should immediately call them to draw up a report and acknowledge the fact of the accident:

• Tip 1. Look around and, if possible, find witnesses who could provide details of your offender’s car.
• Tip 2. Try to get video footage of the incident from the surveillance cameras of nearby stores or at the entrance to your house.
• Tip 3. Examine your damage to see if there are traces of someone else’s car on it.
• Tip 4. Print out an advertisement for the search for a unfortunate car and post them on neighboring entrances. There may be witnesses who can help you.

What to do if you get into an accident? Read here what to do if you are hit by a car.

Find out what to do if your car is scratched in the yard by following this link:

If you are lucky and find the culprit, you will be able to repair your car at the expense of the offender. If not, then your MTPL will not play any role here.

In any case, your guarantor is CASCO insurance. By paying once for such a service, you will secure and protect yourself from financial losses and unpleasant situations.

Features of registration according to the Europrotocol

In most cases, accidents in the yard are characterized by minor damage and no injuries, due to the low speed of vehicles. In such situations, you can save a lot of time and do without calling the traffic police. For such cases, the Europrotocol is provided.

If an accident in the yard is registered according to the Europrotocol, then the maximum amount of compensation is 100 thousand rubles (in the absence of disagreements and registration of the Europrotocol using the mobile application “Accident.Europrotocol”, the maximum amount increases to 400 thousand). Preliminary actions when registering an accident using this method are identical to the algorithms described above: make sure that there are no casualties, negotiate with the second driver and take pictures of the scene of the accident.

Having convinced yourself that registration is possible without the participation of traffic police officers, you need to proceed to filling out the Europrotocol. The document consists of two sides - front and back. Let's consider each point in detail. Front side:

1. The scene of the accident. It is necessary to indicate in detail the locality in which the incident occurred (region, district, etc.), street and house. ъ
2. Date of the accident. The exact time of collision in the yard (not filling) is indicated.
3. Number of vehicles. The number 2 is entered here (there cannot be a different number of cars, since if there are 3 or more vehicles, registration according to the Europrotocol is no longer possible).
4. Number of wounded. We don’t indicate anything here, we leave dashes.
5. Medical examination. We put "no".
6. Damage caused by another vehicle. We also put a dash.
7. Witnesses. Their full name and contact details are indicated here.
8. Registration by traffic inspectors. We put "no".
9. Information about vehicles and their owners. The full names of the drivers and data from the STS are indicated here.
10. Insurer. This paragraph indicates the insurance companies of each of the participants in the accident. Below are data from MTPL policies.
11. Collision site. It is indicated by an arrow in the diagram.
12. List of damages. A list of vehicle parts that were damaged is provided. It is also necessary to characterize the nature of the damage (scratches, dents, etc.).
13. Road accident diagram. An example of a map of an accident.

    

14. Signatures of the parties.

Now let's look at the nuances of filling out the back side of the document:

1. TS. here the cars are assigned the letter A and B.
2. Circumstances of the accident. This section briefly describes the nature of the incident, indicating the date and location.
3. The vehicle was under control. It is indicated who exactly was driving each of the cars (owner or not).
4. In paragraphs 4-5 there is a dash.
5. Can vehicles move?
6. Note. Information about the availability of photo or video materials is usually recorded in this section.

For your information,
the completed European Protocol in case of an accident in the yard must be sent to the insurance company within 5 days. In some cases, the insurer may require you to provide a vehicle for the purpose of inspection.

How is the culprit of an incident determined?

Yard accidents are often characterized by difficulty in identifying the culprit. In such situations, it is necessary to follow the traffic rules for the surrounding area.

• When leaving the adjacent territory, the driver is obliged to give way to all traffic participants (including pedestrians).
• Pass-through through the yard is prohibited.
• You can move in the residential sector at a speed of no more than 20 km/h.
• Pedestrians moving along the roadway in the yard have priority over cars.

Attention
Pedestrians are not allowed to interfere with vehicles.

• Driving instruction is prohibited in the surrounding area.

Otherwise, movement in the yard is regulated by general principles (yielding according to the principle of “obstruction on the right”, speeding is prohibited, etc.). Based on the rules presented above, let's look at a few examples of accidents in the yard:

1. Car “A” drove into the yard, car “B” left it. Both drivers decided not to give way, which led to the collision. The driver of car “B” is to blame, since when leaving the adjacent territory, he was obliged to give way to everyone.
2. Car "A" was moving at a speed of 35 km/h, car "B" was moving at a speed of 15 km/h. They collided due to lack of space. Regardless of the location of the vehicles, the culprit will be the driver of car “A”, since he was speeding.
3. The driver of the vehicle, leaving the yard parking lot, hit a cyclist. The driver is to blame, since pedestrians and cyclists have priority in courtyards.

Road accidents - what rules apply when driving in the yard?

Question:

I got into an accident in the yard. In the report from the scene of the incident, I am recognized as a victim (the second driver has an obstacle on the right). But the review commission told me that they expected my car to move in the oncoming lane. In the yard, where the width of the roadway (excluding parked cars) is about 4.5 m, there are no signs or markings!

What to base your defense on? What articles can I link to?

Lawyer's response:

In order for you to correctly build a position to protect your rights, you need to understand the concepts of traffic rules (clause 1.1). As you indicated, the accident occurred in the yard. A yard, according to the Rules, is an area adjacent to the road. Accordingly, the concept of “adjacent road” cannot be attributed to the concept of “road”; the former is a separate entity adjacent to the latter. However, movement in the courtyards is definitely carried out along the road, but which one. Taking into account your explanations that there are no signs or markings in the yard, such a road cannot in any way be combined with the basic concept of “road”. It should be recognized that traffic is carried out along the road of the adjacent territory.

Vehicle movement in the adjacent territory is carried out according to traffic rules (clause 1.1). What rules you should have followed depended on the part of the road in the surrounding area where the accident occurred.

1. So, if a road in an adjacent territory has an intersection with a road of the same territory, and does not have signs indicating them, then the rule of equivalent roads applies and is subject to the application of clause 8.9 of the traffic rules (interference on the right).
2. When leaving the yard, you must give way to all traffic participants, and when entering - to pedestrians and cyclists (clauses 8.3, 17.3,17.4 of the Traffic Regulations).
3. If an accident occurs on a section of the road where one of the traffic lanes is occupied by stationary cars, and only one lane remains for vehicles to pass in both directions, then you should be guided by clause 11.7 of the Rules. The one who has an obstacle on his side will give way, while the second driver will have priority in traffic.

If the movement has already started, and such an obstacle occurs for drivers in both directions. Of course, in this case one cannot speak unambiguously about such an obligation. Drivers can agree, and the maneuver to clear the road can be made by the driver who will be safer doing this. The situation is not regulated by law.

Perhaps, from the options I have listed, you will find one that will help you understand your situation. In any case, you have the right to appeal the decision made by the commission, to the body that made it, or through the court.

Ask your question to a lawyer!

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The culprit disappeared - what to do?

What is worse than committing an accident in the yard is leaving the scene of the accident by the culprit, especially if there are victims. Let us omit the moral aspects of such a development of events and analyze what to do in such a situation. The main thing is to remain calm. After making sure that the culprit has really disappeared (some drivers may drive away from the scene of the accident in panic), you must proceed as follows:

1. Limit the location of the accident with a special sign (15 meters before the car).
2. Activate the emergency lights on your car.
3. If possible, take a photo of the culprit's car - the main thing is to capture his license plates. This will help you find it faster in the future to compensate for the damage caused.
4. Do not change the position of the car under any circumstances. If possible, photograph the scene of the accident and draw a diagram of the accident.
5. If possible, find eyewitnesses to the accident. Ideally, if you can take DVR recordings from cars passing by.
6. After this, you can call traffic inspectors, who will conduct an investigation on the spot to identify the culprit of the accident.

IMPORTANT
A driver who fled the scene of an accident in the yard, regardless of the circumstances of the case, will be held administratively liable. According to Article 12.27 of the Code of Administrative Offenses of the Russian Federation, he is promised deprivation of rights for a period of 12 to 18 months, or arrest for 15 days. Also, regardless of the type of punishment, the vehicle of the driver who violated the law will be detained (according to Article 27.13 of the Code of Administrative Offenses of the Russian Federation).

What to do if your car is damaged in the parking lot?

Not only can your car be damaged, but you can also accidentally cause damage to someone else’s car in the parking lot. If this happened to you, then proceed by analogy when you hit a parked car.

At the same time, there is a greater chance of finding the owner of the car in the parking lot. In order to find the owner of the damaged car, you can try to clarify information about him from the parking security guard, call him over the speakerphone, if this is a parking lot in a shopping center, hit the car wheel so that the alarm goes off.

Specific steps to find the owner will depend on where the parking is located, namely, in front of the store, or whether it is underground parking or paid parking.

In any case, you should not leave the scene of the accident. As a last resort, if you cannot find the owner and you do not have the opportunity to wait for him, then leave your phone number on the damaged car so that they can contact you.

But if you returned to your car in the parking lot and saw that the car was damaged and there was no culprit for the accident, then you should call the traffic police to register the accident.

It is possible that even though the culprit of the accident is not there, the accident has already been registered, then you will be informed about it.

If you are unlucky and there is no culprit, the accident has not been registered, then in addition to calling the traffic police, you should try to find witnesses to the accident, including finding CCTV cameras that could record the situation that occurred, and then inform the traffic police officers that the accident was recorded by a certain camera.

Compensation for damage in an accident in the yard under compulsory motor liability insurance

If the driver has an MTPL policy, he can receive compensation if the following conditions are met:

• The accident occurred in the area adjacent to the road.
• There are only two participants in the accident.
• The culprit of the accident has been identified.

There will be no compensation under the MTPL policy if damage to the car was caused:

• According to the intent of the victim.
• As a result of a disaster.
• During military operations.
• As a result of popular unrest.

Is a car collision in a backyard considered a traffic accident?

Statistical surveys say that most motorists cannot clearly answer the question: is a car collision in the yard a full-fledged traffic accident?

According to the traffic rules, an accident, like a traffic accident, can occur on the road and in the area adjacent to it. In fact, the yard is the adjacent territory.

Therefore, a collision of two or more cars in a yard is a full-fledged accident. This means that the road traffic accident must be documented in accordance with this fact.

CASCO insurance event

Car owners who have taken out a voluntary CASCO insurance policy receive compensation in any case, regardless of the type of territory where the accident occurred and the number of victims, and even if he is the culprit.

Under CASCO, compensation is issued even in the absence of the culprit, for example, if he fled the scene of an accident in the yard or his identity could not be established. Hence the conclusion: having such a policy can protect you from almost any force majeure.

CASCO insurance case in case of a traffic accident in the yard

Car owners who have a CASCO insurance contract have protected their car from damage of any kind. It doesn’t matter where the accident occurred, who is to blame, what the consequences are, or how many people were involved in the collision. Under CASCO insurance, it is also not necessary to have a culprit. Even if in the event of an accident in the yard of the house he disappeared and his identity could not be established, you will still receive compensation.

If the other person involved in the accident is a cyclist

Most road accidents involving cyclists are largely the fault of the car driver. Without going into the details of traffic rules, we can say that in case of an accident in the yard, the truth is almost always on the side of cyclists and pedestrians. This is due to the fact that the yard is considered a pedestrian area.

Let's consider the driver's action algorithm if he realized that he had hit a cyclist in the yard:

1. Provide first aid if possible. This should only be done if you have at least the slightest idea about medical care. Having a first aid kit will be very useful.
2. If necessary, call an ambulance.
3. Assess the damage caused to the cyclist during an accident in the yard. If possible, negotiate with the victim on payment of financial compensation. This is possible if the injuries are not too serious and the cyclist is ready for a settlement. This development of events relieves both participants in the accident from bureaucratic delays and unnecessary waste of time.

Attention:
If you have agreed with the victim of an accident in the yard to pay compensation, be sure to take a receipt from him in which he will confirm that he has no claims against you. Otherwise, after receiving the money, he may go to court, as a result of which you will once again be forced to pay monetary compensation and other sanctions will be applied (deprivation of rights, arrest, etc., depending on the consequences).

Traffic inspectors must be called in the following cases:

• In your opinion, the cyclist is to blame for the accident.
• The injured cyclist did not agree to pay financial compensation “on the spot” or refused to sign a receipt.
• The cyclist exaggerates the damage caused to him and demands payment of compensation that is not objective in size.

If it was not possible to come to an agreement with the second participant in the accident and you had to resort to the help of traffic inspectors, you must act on the same principle as in the case of an accident with a car.

What punishment can follow for an accident in the yard

There are no special sanctions for an accident that occurs in the yard. Traffic police officers are guided by general rules regarding speeding or other traffic violations. The most severe penalties are for those drivers who leave the scene of the accident. These are the most pressing cases; many drivers drive away from the scene of an accident, hoping to remain unnoticed. For such an act, deprivation of the right to drive a vehicle is provided for for a period of 1-1.5 years. The car may also be confiscated.

As for monetary fines, they are calculated individually, based on the scale of the consequences, the number of victims and the circumstances under which the accident occurred (an aggravating circumstance is driving while intoxicated). The amount of compensation is calculated by the insurance company.

For your information

An additional fine is provided in the absence (or delay) of compulsory motor liability insurance. The fine for an expired (or missing) MTPL policy is 800 rubles.

Nuances

Finally, let’s highlight a few of the most important nuances:

• After receiving payment under the Europrotocol, the victim no longer has the right to make other claims for an accident in the yard.
• Participants in the accident are prohibited from independently repairing their vehicles within 15 days (from the date of the accident).
• If there are pedestrians among the victims, they must be marked on the diagram indicating the direction of movement. This also applies to cyclists.
• Leaving the scene of an accident does not automatically mean admitting guilt.

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What to do and who to call?

When a traffic accident occurs, the motorist must follow a mandatory series of actions regulated by paragraph 2.5 of the traffic rules:

1. First of all, the participant in the accident must stop, turn on the hazard lights and under no circumstances move the vehicle, as well as any other objects involved in the precedent, from the scene of the accident. It is also necessary to place an emergency stop sign 10 meters before the scene of the incident.
2. If there are victims, it is necessary to provide first aid and call an ambulance. If necessary, we call the Ministry of Emergency Situations, the fire department, and the police.
3. If, as a result of an accident, a large traffic jam has formed on the road, then it is necessary to record as clearly as possible (in a photo, or better yet, a video camera) all the objects and conditions at the scene of the accident. And only after this, in order to clear the roadway, can vehicles be moved.
4. After this, it is necessary to collect testimony from eyewitnesses and record their contact and personal information.
5. Upon arrival, employees should check that the accident diagram is drawn up correctly and the protocol is filled out. If there are controversial issues, we be sure to put them up for discussion, because it depends on who will be blamed for causing an emergency on the roadway.
6. And upon completion of the procedure for recording a traffic accident, do not forget to exchange contact information with the second participant in the accident.

At the same time, it is necessary to remember that sometimes it is possible to register a traffic accident without the help of State Traffic Inspectorate employees. In this case, you only need to draw up an accident diagram and fill out the Euro Protocol form. Based on such a document, the party injured as a result of an emergency precedent can legally receive compensation under the MTPL policy.

Diagram of an accident in the yard.

Under what circumstances can you do without a traffic police inspector:

• only 2 vehicles were damaged in the accident;
• there are no casualties among people;
• both drivers have no complaints against each other and are ready to formalize the Europrotocol on the spot;
• each driver has a valid MTPL policy;
• the amount of damage caused does not exceed 50,000 rubles (for residents of Moscow and St. Petersburg it is 400 thousand rubles).

If all these requirements are met, then participants in an accident in a parking lot can do the following:

• fill out the Europrotocol form, draw up an accident diagram and send the documents to the insurance company;
• The party responsible for the accident can compensate the damage to the victim on the spot, and the parties will exchange receipts stating that no one has any claims.

In each specific situation, it is imperative to take into account a large number of different nuances. It is on the basis of such subtleties that a decision is made regarding who will be found to be at fault for the accident.

Therefore, it is necessary to remember that even if there is no visual damage for any reason, it is not a fact that there are no defects inside the car.

In this case, it is better to seek help from an independent expert. After all, if these details come to light after compensation has been paid, then the insurance will not be enough to fully repair the car.