If you hit an animal with a car, what will happen, will the insurance company pay for the damage?

Fine for hitting a moose on the road in 2021

The Code of Administrative Offenses (CAO) does not provide for liability for a downed animal. The inspector will not issue a fine if he sees a driver hit a moose or comes later to inspect the scene of the incident.

But for a downed moose, compensation is awarded for the damage that the driver caused to the natural resources of Russia.

Conditions for imposing a fine. Compensation is determined by rangers - representatives of the Ministry of Natural Resources and Environment of Russia.

Who will pay the money depends on whether the driver has an MTPL policy:

If you have a policy, the insurance company pays. An accident with a moose hit on the road is an insured event. The policy insures the driver's civil liability and helps compensate for damage in such a situation. The huntsmen will take the driver’s data and request money from the insurance company.
there is no policy or its term has expired - the driver pays. The owner of the car is responsible for the risks associated with driving the car and the damage caused by the car. If there is no policy, liability is not insured - you will have to pay yourself. There is such a case in judicial practice.

A man was driving from Novosibirsk along the road past a forest; an elk crossed his path. The driver hit the animal. After the collision, the man called the traffic police; when checking the documents, the inspector found out that the MTPL policy had expired. As a result, the judge decided to fine the man 800 rubles for lack of insurance and 80,000 rubles for killing a moose.

In order for the insurance company to pay compensation, an accident with a moose must be registered by traffic police officers. They will take into account the circumstances of the case, draw up a certificate of the accident, a protocol and a determination that there is no administrative violation. The driver will receive copies of documents.

Amount of the fine. Compensation for killing an elk without a license is 80,000 rubles. To find out what the fine is for a downed moose, you need to look at the order of the Ministry of Natural Resources - it lists the animals and the amount of compensation that the culprit must pay. Here are the compensation amounts for the most commonly hit animals:

Animal	Compensation for 1 individual, rub.
Elk, Siberian mountain goat, musk ox	80 000
Boar, wild reindeer	30 000
Sika deer, fallow deer, aurochs, saiga, musk deer	60 000
Roe deer, mouflon, chamois	40 000
Wolf, fox, jackal, raccoon, raccoon dog	200

If the animal is killed on the territory of the reserve, then the amount is multiplied by a factor of 7. For example, the fine for shooting down a roe deer on the territory of a state reserve will have to be paid as follows:

40,000 × 7 = 280,000 rubles

40,000 is the base fee for a roe deer, and 7 is the coefficient for hunting on the territory of a state reserve or wildlife sanctuary.

Amount of fines and compensation for an animal killed on the road

If there was a collision with wild animals or, as they are called, hunting resources, then the amount of fines should be looked at in Order of the Ministry of Natural Resources of Russia dated December 8, 2011 No. 948, which approved the methodology for calculating harm. This order contains various formulas for calculating the amount of damage. Taxes have also been approved in order to calculate damage.

For example, the following fees are established:

for an elk – 80,000 rubles
per boar – 30,000 rubles
per duck – 600 rubles
for a hare – 1,000 rubles

This methodology provides examples of calculating the amount of harm, which allows everyone to understand this methodology. For example, the amount of damage for a sika deer shot down at night during poor visibility will be 60,000 rubles.

In the event of a collision with a pet, the amount of compensation will depend on the amount of damages determined by the owner, since in accordance with Art. 137 of the Civil Code of the Russian Federation, general rules on property apply to animals.

When the driver is at fault in an accident with a moose

Presence or absence of a warning sign. The “Wild Animals” sign only warns that elk or roe deer may appear on the road. This is not a prescriptive or prohibitive sign - it cannot be violated. If a driver hits a moose in the area covered by such a sign, this will not be an aggravating factor.

Driver compliance with all proper traffic rules. By law, you cannot leave the scene of an accident. If a driver calls the traffic police after an accident, he avoids the violation. The inspector will come to the scene, interview the driver, witnesses, if there are any, and look at the recording from the recorder. If the driver did not violate the rules, the inspector will draw up a ruling refusing to initiate a case. A copy will be given to the driver.

Collision time. Night time or poor visibility will be a mitigating factor if the inspector, when interviewing the driver, will clarify the causes of the accident. The best evidence will be a video recording. If it is not there, you can record a video or photograph the scene of the collision immediately after the incident.

Such a sign is placed in a forest belt or in places where wild animals may come onto the road. This is just a warning, the driver is not required to reduce speed

Accident with an animal

The body weight of an adult animal can reach up to 650 kg, and the center of gravity is located above the hood of the car at the level of the windshield. If a moose jumps out onto the road, there is often simply not enough time to react to its appearance and a collision is inevitable. The driver and the front seat passenger are at risk. In such accidents, motorists and animals suffer serious injuries, and there are also deaths.

According to the law, elk are the property of the state and causing harm to the animal is equivalent to damage to property. Consequently, in the event of a collision with a forest animal, you will have to pay a fine to the state treasury.

According to the set of traffic rules, a collision with an animal is considered an accident with all the ensuing consequences. Therefore, if this unpleasant incident occurs, you need to perform all the actions that the traffic rules prescribe:

turn on the hazard warning lights;
display an emergency stop sign;
Call the traffic police.

Who is to blame for an accident with a moose or other animal?

It is often impossible to avoid an accident with a moose: the only effective way is to move in the area of the expected encounter with the animal at low speed. Otherwise, it will be difficult to react or slow down, especially in poor visibility conditions. According to statistics, most accidents with animals are recorded at night.

In the event of a collision with a forest animal, the driver will be considered the culprit, even if the speed limit was observed and the animal suddenly jumped onto the roadway. It is believed that a person, unlike an animal, can assess the situation and avoid an accident.

When drawing up the protocol, the following circumstances will be taken into account:

absence of a “Wild Animals” sign;
compliance with speed limits;
poor visibility conditions or evening time.

Expert opinion

Evgeniy Romanov

Lawyer, specializes in protecting rights in areas related to traffic rules, insurance and disputes with the traffic police.

In addition, the driver will be guilty if the collision occurs outside the scope of sign 1.27. This warning is set in especially dangerous areas, but the elk can leave the forest anywhere, since this is its natural habitat.

If there was no sign “Wild Animals”

Pay attention to the “Wild Animals” warning sign; it is placed in areas where moose migrate frequently. Under the sign, as a rule, there is a sign indicating the length of the dangerous section of the road. If you see such a warning, slow down, thereby possibly saving your life.

The absence of a warning sign about a possible encounter with forest inhabitants does not guarantee a waiver of liability.

Why do you need to call traffic police when you collide with a moose?

To document the fact of the collision. This is necessary to prove the driver’s innocence and obtain documents for the insurance company. This way you won’t have to pay compensation yourself.

In addition to compensation, the traffic police may issue an administrative fine for violating traffic rules. The fine will be reduced if the driver violated the rules due to avoiding a collision with a moose.

To avoid getting a fine for leaving the scene of an accident. From the point of view of traffic rules, a collision with a moose is an accident.
If a driver hits a moose, leaves the scene of the accident, and this is noticed by eyewitnesses or video recorders of passing cars, the driver may lose his license for a period of one to one and a half years.

What to do when you hit a moose

Before leaving for the highway. Check the validity period of your MTPL policy. If there is no policy or it is expired, you will have to pay for the downed animal, not the insurance company. After all, it is the MTPL policy that insures the driver’s civil liability.

If you hit an animal. Let's figure out what to do at the scene of the accident:

Is it possible to leave the scene of an accident after a driver hits a dog?

From clause 2.6.1 of the Traffic Regulations of the Russian Federation it follows that in the event of an accident involving animals, it is imperative to call the traffic police. A person will be able to leave the scene of the accident only after completing the registration of the accident. In another situation, the driver may be held accountable. If a person left the scene of an accident with a dog without permission, the offender will be punished under Article 12.27 of the Code of Administrative Offenses of the Russian Federation. The law allows a citizen to be deprived of a driver’s license for up to 1.5 years, as well as placed under arrest for 15 days.

OSAGO in an accident with a moose

Why can a compulsory motor liability insurance policy cover a fine for a moose? An accident is an event in which vehicles were involved and people, equipment, or property were damaged. Compensating for this damage is the driver’s civil liability; it is insured by the MTPL policy. The damage has been caused to the state: all wild animals on Russian territory are state property. Therefore, the insurance company can compensate for the damage that the driver caused to the state by hitting the moose.

What to do to avoid paying for a downed elk yourself. You must have a valid MTPL policy. We wrote about how to calculate and apply for compulsory motor liability insurance online.

After an accident, call the police and take a photo or video of the accident scene. If you drove without violating the rules, the inspector will issue a determination that there is no administrative violation. Save this document.

Who will pay for car repairs? The driver will have to compensate for car damage. The fact is that a moose cannot be at fault in an accident. And the state is not responsible for the actions of wild animals in the event of an accident.

Administrative liability of citizens in the form of a fine (Administrative Code of the Russian Federation):

passport;
hunting license;
weapons permit;
permission to extract hunting resources;
a voucher, if the hunt takes place in private hunting grounds;
permission, if necessary, for keeping and breeding birds of prey.

Read Hunting Rules in Russia

According to various estimates, there are about three million hunters in Russia. Most of them are law-abiding citizens who comply with all legal norms and rules, but there are also those who violate them, and sometimes quite deliberately, for example, they hunt in a reserve or hunt an animal outside the hunting season.

Sign 1.27 “Wild Animals” must be installed on the territory of nature reserves and hunting grounds, in places where animals are concentrated. Elks hit by motorists on public roads in the coverage area of road sign 1.27 are considered the property of a nature reserve or hunting area. Compensation in the form of an amount from 80,000 rubles. for a downed elk is transferred to the account of the reserve or hunting farm.

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How to avoid a fine for hitting a moose

In most cases, you will not have to pay a fine. The main thing is to comply with the conditions:

have a valid MTPL policy;
Call the traffic police to the scene of the accident.

Most likely, the inspector will not record violations of the rules in your actions. He will draw up a ruling on this, write out a protocol and give copies of these documents to the rangers.

Subsequently, the rangers will contact the insurance company that sold the OSAGO policy to the driver - it will pay compensation for the downed moose.

How to properly appeal a fine

There is no administrative fine for a downed moose, which means there is nothing to appeal. The Ministry of Natural Resources will demand compensation, which will be paid by the insurance company where the driver purchased the MTPL policy. She will do this without driver participation.

Appear in court if summoned. If the insurance company finds out that there was no policy or the copy of the protocol indicates that the driver violated traffic rules, it will pay compensation to the Ministry of Nature, and then demand this money from the driver through the court.

What to do at trial. If for some reason the insurance company refuses to pay compensation to representatives of the Ministry of Natural Resources for the downed moose, they will try to collect it from the driver. At trial, two factors can work in the driver’s defense:

bad visibility;
absence of a “Wild Animals” sign. To prove this, you will need a DVR recording.

What to do if the court decides to pay a fine. You can appeal the decision within a month from the date of the judge's decision. It happens that during this period the driver finds evidence of his innocence - for example, recordings of other drivers at the scene of an accident or testimony of witnesses.

, fill it out, attach evidence and send it to court.

The complaint will be considered within two months

Remember

There is no fine for a moose hit by a car, but there is compensation - 80,000 rubles. The Ministry of Natural Resources of the Russian Federation takes it for damage caused to nature.
Compensation for a downed moose is paid by the insurance company from which the driver purchased the MTPL policy.
In order for the insurance company to pay the fine, you need to call the traffic police after a collision with an animal and file an accident report.
If the driver does not have a policy or its term has expired, the driver will have to pay compensation.

All articles by the author: Evgeniy Lesnov

How does compulsory motor insurance work if a driver hits a moose?

If the driver has an MTPL policy, after the accident he called the traffic police and correctly filed the accident, the insurance company will cover the damage for the hit animal. The amount of compensation under compulsory motor liability insurance is quite enough to pay for the damage.

The driver will have to pay for car repairs out of his own pocket. The state is not responsible for accidents involving wild animals.

Representatives of the Ministry of Natural Resources and Ecology of Russia will receive information about the accident from the traffic police and will independently submit a claim for damages to the insurance company. Further proceedings take place without the participation of the driver. Example: decision of the Arbitration Court of the Republic of Tatarstan. The State Committee for Bioresources independently sued the insurance company and obtained compensation from it.

The driver can be invited as a witness if the case goes to court, but he will not have to pay.