Accident with animals. liability for hitting an animal

There is an opinion that an accident with a dog is a relatively harmless incident compared to other types of accidents. Usually there is no significant damage to the vehicle. However, the incident can lead to a number of serious consequences. Therefore, it is important to coordinate your actions with the laws. It is necessary to figure out in advance whether it is necessary to call the traffic police in case of an accident with a dog, whether the driver or owner of the animal will face punishment, and whether it is possible to leave the scene of the accident, and whether the driver is obliged to provide assistance to the animal.

What should a car driver do if he hits a dog?

If a citizen does not want to face negative consequences, it is important to act in compliance with the law. The list of manipulations that a driver must carry out after a road accident with a dog is reflected in paragraph 2.5 of the Russian Traffic Regulations.

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.

After a driver hits a dog, he must:

1. Stop the vehicle and turn off the ignition.
2. Turn on the hazard warning lights and place a stop sign in front and behind the vehicle at a distance of 15 m in the city or 30 m outside the populated area.
3. If the animal is alive, it is necessary to provide assistance to it. Actions must be taken if it is safe for humans.
4. Call the traffic police and ask what to do next. The citizen may be required to wait for the inspector to arrive or ordered to drive independently to the nearest traffic police post to register the accident.
5. Record the scene of the incident and the damage caused. It is necessary to take photos and shoot videos. It is worth paying attention to the location of the car relative to other natural objects or infrastructure.
6. Record the details of witnesses, if present, as well as information about the owner of the animal.
7. When the scene of the accident is captured and the citizen has complied with the instructions received from the traffic police, the car must be removed from the road. The animal must also be moved closer to the side of the road if it dies.

First aid for an animal

The list of actions after an accident directly depends on the nature of the damage and the behavior of the animal. If the damage to health is minor and no signs of aggression are shown, it is necessary to remove the dog from the roadway. Otherwise, there is a risk of a second accident. In this case, you cannot change the dog’s position. Otherwise, there is a risk of causing even more damage.

It is necessary to try to stop the bleeding and bandage open wounds. It is important to remember that the most peaceful animal can bite due to painful shock. Therefore, it is necessary to tie the dog's mouth if there is no muzzle. If there are other people or the dog’s owner nearby, you should turn to them for help in order to immobilize the animal as much as possible.

It is necessary to contact the nearest veterinary clinic and take the dog there. Here the animal will be able to receive qualified assistance. It is problematic to independently assess the damage and take adequate actions without specialized education.

Before dressing, you must put on gloves. Animals can have diseases that can be transmitted to humans.

Shot down outside the city

On busy highways, it is very common for people to cross the road in the wrong place. This causes road accidents, when the harm to health becomes moderate or severe, even fatal. Some may find it easier to leave here before anyone notices. But if the driver is identified, he will face additional liability for failure to provide assistance. Here you can get up to five years in prison.

It takes ambulance workers a very long time to get to such places. In order to provide the necessary assistance to the victim as quickly as possible, he should be sent by passing transport to the nearest medical facility. You secure the scene, and he heads to the doctors. Such measures taken by you will be considered as mitigation of liability. In addition to reducing the fine, criminal penalties will also be reduced. Everything will depend on the degree of harm to health.

If the situation is an emergency, and minutes are counting to save the victim, then you need to go to the hospital yourself in your own transport. But this is acceptable if there are no passing cars nearby, and the area itself is considered remote.

What to do if a car hits a dog and kills it?

If the animal dies, the law requires action in accordance with the provisions of Article 2.5 of the Russian Federation Traffic Regulations. The driver is obliged to stop, turn on the hazard warning lights, put up an emergency stop sign, and then call the traffic police and clarify whether he needs to wait for the inspector to arrive or whether he needs to independently arrive at the nearest traffic police post to register the accident. The scene of the incident must be recorded using photos and videos. It is recommended to remove the dead animal from the road to the side of the road.

If the driver has compulsory motor insurance and the animal does not have an owner, you should not contact the insurer. The organization will refuse to provide compensation. When the dog is a pet, the driver is at fault for the accident, and the owner of the animal has claims, it is necessary to contact the insurance institution. This will shift the need to provide compensation onto the shoulders of the insurer.

If the dog owner is to blame for a traffic accident and the car is damaged, Art. 1064 of the Civil Code of the Russian Federation. The car owner has the right to seek compensation through the court. To do this, you will need to file a statement of claim. It is recommended that you first contact the owner of the animal and try to come to an agreement out of court.

Psychological assistance to the driver

An accident with a dog can have a significant impact on the well-being of a citizen. If you find yourself in such a situation, you can call the psychological help hotline. Calls are accepted at 8 800-100-49-94.

The hotline for psychological assistance after an accident operates around the clock. Help is provided free of charge. However, the driver is not required to provide personal information. Additionally, you can call your loved ones who can support you in difficult times.

Who is to blame for an accident with a dog?

Both the driver and the owner of the animal can be found to be at fault in a traffic accident with a dog. It all depends on the specifics of the current situation. The driver will be accused of causing an accident in the following cases:

• the person did not notice or ignored the instructions of road signs warning about the appearance of animals or livestock on the roadway;
• the collision with the animal was done intentionally;
• the driver was driving over the speed limit
• another violation of traffic rules was committed.

The walking process is regulated by Resolution of the Council of Ministers of the RSFSR No. 449 of September 23, 1980 “On the maintenance of cats and dogs in the city and other populated areas” and Federal Law No. 498 of December 27, 2021 “On the responsible treatment of animals.” The procedure is carried out according to the following rules:

1. The dog must be on a short leash. In case of unforeseen situations, the owner will be able to control it.
2. Persons who are intoxicated cannot go for walks with animals.
3. The walk cannot be carried out on the territory of educational institutions, hospitals, sports and playgrounds.

If the above points are violated, the blame for the accident with the dog will be placed on the owner of the animal.

Hitting a pet – is this considered an accident or not?

Statistics show that the number of accidents in which animals suffer has been falling in the last year. But if you hit a livestock or a pet, then this does not make it any easier for you.

Please note, these are only registered incidents - those that were reported to the traffic police.

The most common accidents that occur are:

• downed dogs,
• cats,
• other urban domestic animals (pets),
• as well as flightless birds (geese, chickens, turkeys),
• cows and bulls,
• sheep and rams,
• other livestock
• wild animals (forest area, villages).

At the same time, a collision with a small animal can go completely unnoticed for a car, but an accident involving, for example, a moose can cause serious damage. At the same time, if a small pet died as a result of being hit by a car, then this is definitely an accident with all the ensuing consequences.

If an emergency situation arises, the first question is: who is the animal acting as? If we look at the traffic rules, it is not clearly stated that animals are road users (except for horse-drawn carriages). Therefore, they cannot be considered directly as the culprits of the accident.

So, for example, if an accident occurred in a rural area where pets were walking near or on the roadway, the culprit of the accident is most often recognized as their owner, who did not provide the appropriate level of protection for the animals and safety on the roadway. But there may be options for the driver to be found guilty of such an incident (more on this below).

Delving deeper into the legislation, let's study clause 1.2 of the traffic rules. It states that an accident is a situation that occurs with the participation of a vehicle and causes damage to people, property, and other vehicles.

Understanding the situation, we note that a car is involved in a collision with a dog, and the dog may suffer. Secondly, an animal (especially a domestic one), according to the Civil Code of the Russian Federation, is considered property, and property has an owner. Therefore, as a result of the damage (death) of the latter, a collision with a cow, for example, is also equivalent to an accident.

If a collision occurs with a wild animal, this is also considered an accident. This is explained by the fact that according to forestry legislation, animals and plants are the property of the state. In this case, damage was caused to state property.

To summarize, a traffic accident can be considered a situation in which there is a collision with any animal, and either the animal itself is injured, or the car is damaged.

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.

Responsibility and possible consequences for the driver

There are no articles in the current legislation on the basis of which a person who hits an animal can be held accountable. A person has the right to be punished for violating traffic rules or failure to comply with the speed limit if the above facts are confirmed. Criminal and administrative liability occurs only in case of property damage.

However, animals in the Russian Federation also have a number of rights. If it can be proven that the driver intentionally hit the dog, he will be prosecuted under Article 245 of the Criminal Code of the Russian Federation.

Tips for drivers

To avoid hitting any animal, car owners should take into account certain recommendations:

• while driving, all traffic regulations must be observed;
• it is important to constantly monitor the road in order to notice in advance if a cat or dog runs out onto the road;
• if an accident does occur, it is important to behave competently, not to hide from the scene of the accident, but to call a traffic police officer to officially register the incident, since only this will avoid a significant fine or deprivation of rights;
• if necessary, the owner of the animal is compensated for damages.

Thus, accidents involving animals are quite common.

Not all car owners know how to act correctly in such a situation, and also what is the responsibility for such an incident.

If you understand the legislation correctly, you will not have any problems with animal owners or traffic police officers.

Liability for intentionally hitting a dog

If it is proven that a person intentionally hit a dog, he will be brought to administrative or criminal liability. If minor property damage occurs, the person responsible for the incident is obliged to pay a fine of 300-500 rubles. (Article 7.17 of the Code of Administrative Offenses of the Russian Federation). When the damage is considered significant, Article 167 of the Criminal Code of the Russian Federation comes into force. The following penalties may be applied to a driver who hits a dog:

• a fine of up to 40,000 rubles or in the amount of the offender’s income for 3 months;
• arrest for up to 3 months;
• involvement in compulsory work lasting up to 360 hours;
• the need to perform forced labor for up to 24 months;
• carrying out correctional labor for up to 1 year;
• imprisonment for up to 2 years.

The judge will determine the significance of the damage. So, if the owner of the animal receives a salary of 60,000-70,000 rubles per month, and the cost of the dog was 6,000 rubles, the damage is considered insignificant. When a person with an income of 8,000 rubles finds himself in such a situation. per month, the situation will change. The driver will be punished under Art. 167 of the Criminal Code of the Russian Federation, which prescribes punishment for causing significant damage.

A person who deliberately hits a cat or dog will be punished under Article 245 of the Criminal Code of the Russian Federation. The following measures may be taken against the perpetrator:

• arrest for up to six months;
• a fine of 80,000 rubles or the driver’s income for six months;
• correctional labor for up to 1 year;
• compulsory work lasting up to 360 hours;
• imprisonment for up to three years;
• restriction of freedom for up to one year.

If intentional actions are performed, the person will have to not only repair the car themselves, but also compensate the damage caused to the owner of the animal.

How to Avoid Liability for Hitting Pedestrians

When it comes to evading liability under the Criminal Code of the Russian Federation, it is worth remembering that this is impossible to do. If a criminal case is initiated against the guilty driver, then the court will make the final decision. Here only one loophole can help him, which is spelled out in Art. 76 of the Criminal Code. But this will require reconciliation with the victim of the accident. The most important thing is that there are no previously committed crimes for which the terms of expungement of the criminal record have not expired, and the harm caused must be fully compensated, the guilt made amends.

Making amends - paying for treatment, helping the victim and his relatives, buying groceries, transporting him to the hospital, etc. It is important to present yourself in a positive way and show that you are actually a good person. When paying monetary compensation, it is important to request receipts, which are drawn up according to established rules. Otherwise, you may simply be deceived.

But the final decision is made by the court, and it may not take into account the above factors and the desire of the victim to reconcile. Experienced motor vehicle lawyers or free legal advice online or by phone can help you with this.

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Compensation for damage

Damage caused by a car to a dog must be compensated in accordance with the provisions of Art. 1079 of the Civil Code of the Russian Federation. When driving a vehicle, the car owner creates a potential threat to others. It will be possible to avoid liability in situations reflected in Article 1083 of the Civil Code of the Russian Federation. This is possible if the damage was caused as a result of the intentional actions of the victim, or the damage was caused by the gross negligence of the property owner. It is impossible to avoid punishment or reduce the amount of the penalty if the collision with the animal was intentional.

The owner of a downed dog may demand compensation for moral damages. The definition of the concept is enshrined in the Resolution of the Plenum of the Supreme Court No. 10 of December 20, 1994. Moral damage in an accident is the moral or physical suffering that the culprit of the accident caused to the victim. The violator infringes on the intangible, non-property and property rights of another person.

If the driver is to blame for an accident with a dog, compensation may be provided under compulsory motor liability insurance. To do this, an accident is registered with the participation of traffic police officers, and then an appeal is made to the insurer. The procedure is regulated by Federal Law No. 40 “On Compulsory Motor Liability Insurance”. The statute of limitations for road accidents is 3 years (Article 196 of the Civil Code of the Russian Federation). During this period, it is permissible to initiate a claim procedure.

If a driver hits a dog, compensation under OSAGO is carried out according to the following scheme:

1. The insurer is notified of the incident. Art. 12 Federal Law No. 40 “On OSAGO” instructs to contact the organization as soon as possible, but the exact period has not been established. It is limited only by the limitation period, which is 3 years (Article 196 of the Civil Code of the Russian Federation).
2. Documents are being provided.
3. Based on the documentation, the organization makes a decision. The company is obliged to report the verdict within 20 days.

If it is proven that as a result of an accident with a dog, the owner of the animal suffered moral damage, it will be possible to recover compensation in court. Payment under compulsory motor liability insurance is not carried out. The fact of moral suffering must be confirmed. The following may be considered as evidence:

• prescriptions for anti-anxiety medications;
• extract from the medical history;
• witness statements.

The victim must prove that damage was caused. It is necessary to justify the relationship between the accident and the deterioration of the condition.

If it is proven that the dog owner is to blame for the accident, he is obliged to reimburse the cost of repairing the car (Article 1064 of the Civil Code of the Russian Federation). You can try to negotiate peacefully with the owner of the animal or send a statement of claim to the court. If the case comes to trial, the victim has the right to recover legal costs from the owner of the animal, as well as the cost of examinations.

I hit a moose. Who should compensate for the damage in this case?

I hit a moose. More precisely, as the huntsmen later said, it was a moose cow. She jumped on the car 20 meters before the "Wild Animals" warning sign, which is valid for 3 kilometers.

The traffic police did not display this sign on the road accident map. They stated that this did not concern them, drew up a determination that there was no corpus delicti of an administrative offense, and left.

According to the huntsman, the amount of damage due to the death of the moose cow will be 80,000 RUR. The huntsman told me that there is no need to worry: this damage will be covered by compulsory motor insurance.

There are many articles on this topic on the Internet, and each one contradicts the other. I'm interested in the truth.

Will I have to compensate for the damage at my own expense or does this still apply to payments under compulsory motor liability insurance? After all, OSAGO is motor third party liability insurance, and the Russian Federation, as the owner of wild animals, in this case acts as the injured party, and I am the culprit. Insurance, in my opinion, should cover damage caused to third parties.

Please help me understand this ambiguous issue. What should I do and what should I say when called to court?

Sincerely, Ilya Sergeevich

You did everything right in order not to cover the damage for the downed animal from your own pocket and not to lose your rights: you did not leave the scene of the accident, called the traffic police, recorded what happened and gave an explanation for the incident. Thus, you saved 80,000 RUR. Just remember to notify the insurance company about the accident.

But you will have to pay for the repair of your own car out of your own pocket, although you are not to blame for the accident. Despite the fact that wild animals are the property of the state, it is not responsible for accidents involving them.

The fact that the moose is to blame for the accident does not play a role in this situation. Since the traffic police officers drew up a determination that there was no corpus delicti of an administrative offense, it means that they did not have any claims against you.

The accident, according to you, occurred 20 meters before the warning sign 1.27 “Wild Animals”.

This is what the “Wild Animals” sign looks like

The traffic police did not display this sign on the road accident diagram - and they are right. The sign's coverage area begins immediately behind it. You did not have time to get to the sign, therefore, in the place where the accident happened, it was not in effect. But even if you encountered a moose just beyond the sign, it wouldn't change anything.

The “Wild Animals” sign is a warning; in itself, it does not oblige the driver to do anything. Traffic regulations do not require you to slow down or stop when you see this sign and make sure that no elk, fox or ostrich is crossing the road. He only warns: this can happen, be careful.

There are no sanctions for the driver for not slowing down when he sees this sign.

What will change in compulsory motor liability insurance, fines and license certificates - we will tell you in the newsletter for motorists

According to this method, the most expensive accident will be an accident involving a bison-bison hybrid - the damage will be 180,000 RUR.

For a downed elk, Siberian mountain goat, musk ox, you will have to compensate 80,000 RUR. The cheapest thing will be an accident with a mole, water vole, hamster or gopher - you will have to compensate only 100 RUR.

Damage is calculated for each animal knocked down: if you shoot down 10 hamsters, you will have to pay 1000 RUR.

This is how the state assesses the damage resulting from the death of animals. If a bear throws itself under the wheels, you will have to pay 60,000 RUR, for a boar - 30,000 RUR, for a fox - 200 RUR

These prices apply only if the death of animals was caused by unintentional human actions. For example, as in your case: you hit a moose by accident because you didn’t have time to brake. In other cases, increasing coefficients apply.

If the driver intentionally wanted to hit an animal or was hunting illegally, the amount of damage is multiplied by 3. And if a female animal died as a result of deliberate actions, you will have to pay 5 times more.

That is, if you were chasing this moose in a car, the damage would be 400,000 RUR.

But you don’t have to worry: the traffic police officers and game wardens did not establish any intent or guilt in your actions, and in this case the increasing coefficient is 1. If you were accused of something, it would be reflected in the documents. Hindsight can't blame you.

There are two options for the development of events.

For the first and best thing for you, you have already done everything: you called the traffic police officers, who filed an accident and made a determination that you were not at fault.

Representatives of the Russian Ministry of Natural Resources and Ecology - the rangers - most likely received a copy of this determination with the details of your insurance policy and insurance company. Next, they must contact your insurance company for benefits. This will happen without your participation.

In this case, court proceedings are also not required. If the insurance company recognizes the case as insured and pays everything, you may not even know about it.

There are indeed many different opinions on the Internet, and the position of the authors of these articles is not always supported by arguments. The most reliable argument is court decisions. And the courts in such situations side with the driver.

Let me give you an example. In the Kostroma region, a man hit a moose. The Department of Natural Resources and Environmental Protection of the Kostroma Region demanded compensation for damage to wildlife. The man did not agree with this and had to go to court.

No one even remembered about the insurance company. The man argued that the moose was small, so the amount of compensation should be reduced. After the accident, the elk was still alive; it was killed and butchered by rangers, and the meat was taken away.

And in general, it was not his fault in the accident - the traffic police officers confirmed this. There was also no “Wild Animals” sign at the scene of the accident.

But the Department of Natural Resources did not agree with these arguments and demanded that the driver pay compensation for the damage.

Here's another example. In the Ivanovo region, a driver also hit a moose on the road. But his civil liability was not insured and he had to pay damages out of his own pocket.

The insurance policy protects you even in case of an accident involving wild animals. Don’t forget to fill out and renew it.

The main thing in an accident involving animals is not to leave the scene of the accident and call the police to record the incident.

You will not have to pay a fine for hitting an animal, since this is not an administrative offense. But the state needs to compensate for the damage. If there is a policy, the insurance company will have to do this.

If you have a question about personal finance, luxury purchases or family budgeting, please write to us. We will answer the most interesting questions in the magazine.

OSAGO and CASCO insurance in case of an accident with a dog

In accordance with Article 4 of Federal Law No. 40 “On Compulsory Motor Liability Insurance”, the policy protects a person’s civil liability. It can occur as a result of causing harm to the life, health or property of others when using vehicles. In accordance with Article 137 of the Civil Code of the Russian Federation, animals are recognized as property. Therefore, receiving compensation under compulsory motor liability insurance after an accident with a dog is acceptable.

The reverse rule does not work. The owner of a car that was damaged as a result of an accident with a dog cannot count on receiving compensation under compulsory motor liability insurance. The fact is that the law does not oblige owners to insure animals. Therefore, in most cases there are no policies. Compensation is paid personally by the owner of the animal.

If the owner of the car has CASCO insurance, he will be able to receive payment for damage caused to the vehicle, regardless of who is at fault for the accident. The rules apply only if the situation that occurs falls into the list of risks, upon the occurrence of which payments are due. The procedure for providing compensation is carried out in accordance with the provisions of the contract. The owner of the dog cannot be paid compensation under CASCO. Insurance only protects the driver's property.

Is damage to the animal owner paid by the insurance company?

Many car owners are interested in whether damage to animal owners is compensated by the insurance company from which the MTPL policy was purchased.

In Art. 2 of the Federal Law “On Road Safety” states that drivers, passengers and pedestrians are recognized as participants in road accidents.

Article 2. Basic terms

road user - a person directly involved in the process of road traffic as a driver of a vehicle, a pedestrian, or a passenger of a vehicle;

An insured event is a situation where the victims are harmed, not only to their health, but also to their property. Therefore, under the insurance contract, the company is obliged to compensate for damage only under these conditions.

Since when a cat or dog is hit, the owner is the victim, such an accident is considered an insured event.

The maximum payment is 400 rubles, so insurance usually covers all such cases. Due to this situation, the driver’s KBM coefficient changes, therefore the cost of insurance for the car owner increases.

Therefore, many car owners prefer to resolve such situations with animal owners peacefully, without involving an insurance company.

How can I recover damages for a hit-and-run dog? The answer is in this video:

Nuances

If a driver hits a large dog, extreme caution must be exercised. When she is aggressive, it is better not to touch her. In some situations, you shouldn't even leave the car. It may be dangerous. You need to contact a traffic police representative from your car by calling 102 or 112 and find out what to do next.

If the driver decides to help the animal and the bleeding is severe, the wound must be tightly bandaged. Then you must immediately take the dog to the nearest veterinary clinic. In another situation, the animal may quickly die from blood loss.

If the payment of compensation is carried out through an insurance company under compulsory motor liability insurance, this will affect the value of the accident-free ratio. As a result, the cost of the policy will be higher in the future.

If you hit a wild animal, you can get a fine for illegal hunting. This is possible if a person wants to take with him the meat of a downed wolf, elk or other animal.

Is it possible to get money from OSAGO?

Many car owners are interested in whether it is possible to receive payments in case of a collision with an animal from the MTPL insurer. According to the law, in the event of a collision with an animal, the driver is recognized as the injured party, and the situation that arises is covered by the insurance policy. The maximum amount of payments under compulsory motor liability insurance is 400 thousand rubles, which compensates for the costs of any animal, be it wild, domestic or agricultural.

But it is worth considering that the amount of insurance payment increases due to an increase in the CBM coefficient. Therefore, in the event of a collision with a small animal (for example, a fox or a hare), it is easier to pay the required amount without contacting the insurer.