What does an accident without a second party mean, actions and compensation for damage

Single vehicle accident

There is no point in listing the reasons for such cases, since there are an infinite number of them. It is necessary to pay attention only to the mechanism of execution. It is documented that a car and any other immovable object are present in this accident. It can be a tree, a wall, a pillar, a fence or any other obstacle. An immovable vehicle is not considered in this situation and such an accident will in any case be classified as an accident with two participants.

Thus, we are considering a situation in which there is only one car and only one driver. Let us additionally clarify that a collision with a pedestrian cannot be included in this situation; the driver and the car are, of course, alone here, but the context of the accident does not fit our situation.

What to do if an accident occurs in the yard without a second participant

If the accident happened in the courtyard of a residential building, it is especially important to formalize everything according to the law. This means you need to call the traffic police, look for witnesses, draw up a diagram and protocol, that is, do as described above.

Why should a driver be especially careful if he has an accident in the yard:

• This is an area where there are other cars. It cannot be ruled out that one of their owners will want to take advantage of the opportunity and write a statement that in fact there were two participants in the accident. And he is the victim, and the one who did not register the incident is the culprit.

• There may be property belonging to someone in the yard. If it is damaged as a result of a collision, you need to find out whether it really has no owner.
• The accident could have occurred due to the fact that objects that were not supposed to be there were illegally installed in the yard to interfere with traffic. In this case, there is a chance to receive compensation for the wrecked car from the person who did it.

Is a registration procedure necessary?

Do I need to call the traffic police? It depends on situation. So, this is influenced by the following factors: whether the car is insured by comprehensive insurance (the policy must be valid), the type of obstacle, as well as the degree of destruction of the object and the car.

It’s not without reason that we pointed to comprehensive insurance, because with this policy you can get compensation for car repairs. According to OSAGO, nothing can be done in this situation, because it plays a different role. If the driver does not have a comprehensive insurance policy, then you should forget about compensation for damage.

Registration of an accident without a second party is necessary, because without him it is impossible to receive a comprehensive insurance payment. However, to do this, you need to carefully study your contract with the insurance company to make sure that the insurance company will help you. This is due to the fact that companies working with comprehensive insurance have complete freedom of action. This way, your policy may cover you in the event of a collision with a fence, or it may leave you alone if the collision occurs with a tree.

We gave this example so that you understand that the company has the right to stipulate any conditions in the contract.

A complete list of situations when an accident needs to be reported:

• CASCO insurance has been issued.
• Someone else's property was damaged, for example, if the object was the wall of a store.
• The consequences of an accident impede the movement of traffic - a fallen tree blocks the road, a road sign is knocked down, or the traffic light is disrupted.
• The car suffered significant damage - parts were seriously broken.

Let's assume that the driver drove into a tree. Provided that the car has not received significant damage, there is no need to register such an accident, and the concept of “hiding from the scene of an accident” is not applicable. If the car received several scratches on the hood, then the traffic police should not be called.

What to do after a minor accident?

The procedure should be the same as after any other accident. Contact the insurance company employees and they will call traffic police representatives to the scene. You can call the traffic police yourself. Additionally, the insurance company can send an emergency commissioner to the scene.

Registration of a minor accident allows you to avoid problems with compensation for damage to the victim (it will be paid under compulsory motor liability insurance). Insurance compensation under CASCO is also paid only if the accident was registered with the traffic police.

If the culprit of an accident leaves the scene without permission, this is fraught with the following problems:

• deprivation of a driver's license for a period of 1 year;
• administrative punishment (arrest for 15 days);
• compensation for damage to the owner of a damaged car voluntarily or through court after a recourse claim from the insurance company.

What happens if you leave the scene of an accident?

If only one car is involved in an accident, then the owner of the car is not always free. As we have already noted, in the absence of damage to other people’s property or health and minor damage to the vehicle, nothing prevents you from leaving the scene of the accident. For example, in a situation where a car crashed into a fence and its bumper fell off, there is no point in carrying out registration, because the car owner will have to repair the damage at his own expense, but no one will have to compensate for the damage.

Let us consider separately the situation in which a pedestrian is involved. Let's assume that a person was injured during an accident, and the driver fled the scene. In fact, there is only one car involved in an accident, but many laws will be violated. Let's list them:

• Failure to fulfill duties.
• Leaving in danger. Let us note that a violation of the article occurs only in the case when the driver did not violate traffic rules.
• Traffic violation.

If the driver fled the scene of an accident in which someone else’s property was damaged, then this situation will be considered in accordance with the Civil Code of the Russian Federation, namely Chapter 59. It is important to note that it is necessary to consult with your insurance agent if you have a comprehensive insurance policy, so that he explains , is it possible to leave the scene of an accident without registration? We have already said that each insurance company has its own rules, but almost always such an accident entails a certain procedure if we are talking about damage compensation under comprehensive insurance.

How is the protocol drawn up?

The main document drawn up by law enforcement agencies in the event of an accident involving one participant is the traffic police protocol. It is formed by representatives of the traffic police based on the results of a conversation with the driver and an inspection of the scene of the accident. It reflects the exact address of the accident; the condition of the asphalt on the highway (data on all irregularities, bumps, potholes is entered into the protocol); weather conditions in which the driver was moving; time of the vehicle inspection; objects and details that are important to explain the causes of the accident; witness statements, etc.

When the protocol is drawn up, the details are recorded, the driver needs to receive documents to present to the insurer - the protocol itself (a copy of it), the car inspection report. You need to check that they are filled out correctly; if there are no problems, you can leave the scene of the accident. If the car cannot move on its own and you need to call a tow truck, you should definitely keep the receipt to present to the insurance company and receive compensation for it.

What to do in an accident with one participant, if you have comprehensive insurance

Every driver needs to know the order of basic actions so as not to get confused and panic in the event of a collision with an immovable object. The most important point is don’t panic, focus on solving this problem as quickly as possible. It is necessary to indicate when the insurer recognizes an accident with one participant:

• Hitting a curb. It doesn’t matter whether he was in the visibility zone (for example, he was hidden by snow).
• Collision with a tree, stop, traffic light, etc.
• Hitting a sewer hatch, hole, etc.
• Driving into a concrete fence or store (causing damage).
• Causing damage to any roadside object.
• Hitting something sharp, for example, ice, nails, etc.
• An accident while entering a garage box, when the sides, mirror or something else is damaged.
• It was thrown into a ditch, causing damage to the car.
• And other options for receiving or causing damage.

If you plan to file a case yourself, without involving traffic police officers, then you need to draw a clear and simple diagram of the accident. It should reflect how it happened that you moved into the real estate. This diagram will help IC specialists understand how the accident occurred. Important details that need to be reflected in this document:

• The position of the car relative to real estate that is adjacent to the road and the scene of the accident.
• What was the braking distance and its length?
• The layout of travel routes, namely, the width of the road, its markings, traffic lights, etc.
• Time and date of the incident.
• Two witnesses to the event, namely their contact information and signatures.
• Personal data of the car owner.
• Information about the car.
• The direction in which the car was moving before the collision.

But not in every situation you can file an accident yourself. If the car is seriously damaged, then the driver who has insured property falls into a different category of clients. Insurance companies serve such clients only if they have certificates from the traffic police.

As soon as an accident occurs, immediately stop the car, turn off its engine, turn on the hazard lights and display the appropriate signs. If the inspector sees that the alarm system is not working or the stop sign is not posted, then you will face a fine of 1 thousand rubles. Let's consider a situation where your car was seriously damaged during an accident. Your algorithm of actions should be as follows:

• Call a traffic police officer.
• Calling the emergency commissioner. This is especially true when the company offers you VIP services. To do this, call your insurer, explain the situation, and the company will send an expert to the accident site to calculate the amount of damage.
• If necessary, call an expert to conduct an independent examination.
• If there are victims present, call emergency medical assistance.
• Do not leave the scene of the accident or touch the car until specialists arrive. While you are waiting for them, you can take pictures of all the damage yourself.

Before going to the Investigative Committee office, make sure that the traffic police officer has completed the documents properly, and also collect all the necessary certificates from him. You will need a report from an expert appraiser indicating the amount of damage. And the emergency commissioner will take a photo or video of the consequences of the accident, and will also help draw up a diagram of the incident and the necessary papers.

There was an accident - what to do?

Unfortunately, it is impossible to predict whether an accident will happen to you or not. Even if you are a professional and law-abiding citizen, you can never be sure that all other road users behave the same way behind the wheel.

In every accident, both people and vehicles suffer, as a result of which it is believed that an accident is one of the most stressful situations in a person’s life.

It is possible to smooth out the negative consequences of the accident a little only if all the damage is correctly assessed and compensated by the insurance company. However, in order for this to happen, it is necessary to properly file a traffic accident.

Payments from various insurance companies under CASCO.

The action plan is as follows:

1. Immobilize the car. Turn on the hazard warning lights, place emergency stop signs in front of the car and behind it at a distance of 15 meters if the accident occurred within the city, or 30-35 meters if on a highway outside the city.
2. Check the condition of all your passengers, as well as the driver and passengers of the second car. If any of the victims need medical help, call an ambulance. If no one was hurt, then you can breathe out and calm down. The worst and most irreparable did not happen.
3. Call the traffic police and name the location of the accident, briefly describe its circumstances. While you are waiting for the police, do not move cars or objects that are related to the incident.
4. Call your insurance company. Every driver is required to have an auto liability policy, so if you are not at fault for the accident, then your vehicle must be repaired at the expense of the insurance company. If you violated traffic rules and as a result of your actions an accident occurred, then your insurance company will restore the victim’s car under compulsory motor liability insurance, and you will need to repair your car at the risk of “damage”, which is guaranteed by the CASCO policy.
5. Make sure that the traffic police officer describes in detail and accurately all the circumstances of the accident in the report. This should reflect data such as the condition of the road surface, the technical condition of the vehicle driven by the person responsible for the accident, visibility conditions, weather, the condition of curbs, ditches and much more. Also, when filling out a report on damage to the car, he must describe that in addition to visible damage, hidden damage is possible. This phrase is very important because if they are found in your car later, the cost of restoring them may not be paid.

How do payments for comprehensive insurance and compulsory motor liability insurance work?

If the driver only has MTPL insurance, then you can count on insurance payments in the only case where a pedestrian was injured. Of course, the payment will not affect the driver or his car, the victim will receive compensation, depending on the harm received - this is regulated by Article 7 of the Federal Law on Compulsory Motor Liability Insurance.

The maximum payment in this context is 500 thousand rubles. Payment does not necessarily occur in case of personal injury, but also in case of death of the pedestrian. In any other situation, OSAGO will not make any payments. This type of insurance will not pay for damage even if one car crashes into another that is not moving.

If we talk about comprehensive insurance, the forecast for receiving payment is in the vast majority of cases favorable. As a rule, most of these situations are included in the insurance list, regardless of the fault of the car owner. But the insurance company will only pay for the damage that was caused to the car. Other compensation, for example, in cases where damage is caused to someone else’s property, the driver will have to compensate himself.

The condition of the driver at the time of the accident plays a big role. Thus, if he was under the influence of alcohol or drugs, then most insurance companies will refuse to pay, and traffic violations will not be the determining factor in this situation.

Is leaving the scene of the accident allowed?

Regardless of how many participants the accident occurs, the motorist is strictly prohibited from leaving the scene of the accident. Moreover, this prohibition applies even in cases where no damage was caused to someone else’s property. This is evidenced by the first part of Article 12.27 of the Code of Administrative Offenses, according to which, failure on the part of the driver to comply with the obligations associated with the accident that occurred involves the imposition of a fine in the amount of 1,000 rubles.

Therefore, even if no one was injured as a result of the incident, and only one participant appears in the accident itself, it is still necessary to notify the traffic police department about the incident. If the vehicle has minimal damage and is able to move without any problems, the inspector will voice requirements for the driver to come to the department, having first drawn up a diagram of the accident or recorded it in a photo.

If the participant in the accident left the scene of the accident without notifying the police, and they found out about it later, then the sanctions against such a violator will be much tougher. In this case, the second part of Article 12.27 will come into effect, which provides for the deprivation of a driver’s license for a year and a half or the arrest of the driver for 15 days.

Of course, if, as a consequence of a minor accident, a motorist has a slightly scratched bumper or a minimal dent on the fender, he definitely will not want to report the incident to the traffic police, but he should certainly know that no “well-wishers” have previously recorded the number of his vehicle and then they won’t report it to the State Traffic Inspectorate. If this happens, the car owner will have quite serious problems.

Dear reader! Didn't receive an answer to your question? Our expert lawyers work for you. It's absolutely free!

• Moscow ext 152
• St. Petersburg ext 152
• All regions ext 132 (Toll free)

Features of contacting the insurance company

In case of an accident involving one driver, you must submit a corresponding application within 5 days. This rule applies not only to comprehensive insurance, but also to compulsory motor liability insurance. If the application submission period exceeds 30 days, the insurer recognizes the situation as overdue.

At the same time, it is important to understand that you need to contact the insurance company as early as possible, preferably on the same day when the accident occurred. Thus, if the accident did not cause harm to your health, in connection with which it is impossible to contact the insurance company, call your agent immediately.

You may fail to deliver some document, the main thing in this situation is the submitted application for the occurrence of an insured event. You will provide the missing certificates later; most importantly, do not miss the application deadline. If errors, inaccuracies, etc. are found in your package of documents, it will be returned for editing.

You have 30 days to correct the documents, and the countdown will begin from the moment you receive the documents.

How to apply for a CASCO policy

The CASCO policy, unlike the MTPL policy, is not issued electronically, but you can apply for CASCO online, fill out a form on the RGS company website and come to the office at a convenient time for you to sign the contract.

There you will write an application, present your documents (passport, driver’s license), documents for the car (sale and purchase agreement, which indicates the cost of the car, registration certificate - unregistered cars are not insured), documents of those you want to allow to drive the car.

Before determining the cost of the policy specifically for you, the manager will study all the documents and be sure to inspect the car.

Who will compensate for the damage?

No less important a problem than documenting the incident is the possibility of obtaining funds for car repairs from the insurer. There are two options here:

• The driver has an MTPL insurance policy . This type of insurance does not provide payments related to an accident without a second participant. The company will demand that the culprit be shown to it, otherwise it will call the accident an uninsured event. And since this is impossible, she will not pay money to restore the car.
• The driver has CASCO insurance . This policy records many single-party accidents as requiring coverage. If the accident fits into the criteria of a specific company and the document issued by it, the car owner will receive an insurance payment. But only for car repairs and after presenting a certificate of incident from the traffic police.

We recommend reading about where to call in case of an accident. You will learn about where and how to call in case of an accident, what to do if you are an eyewitness to the accident, what not to do after an accident. And here is more information about why a driver’s license is revoked.

Accidents where there is only one participant, in most cases occur due to his inattention and insufficient driving skills. In order not to rack your brains about registering such an accident, it is better not to get into it at all, drive more carefully and according to the rules. And if you are unlucky, file the case according to the law to avoid additional difficulties.