What to do if the culprit of an accident fled the scene
An accident is a fairly common situation that can make every motorist nervous.
Moreover, it can be aggravated by various factors, one of which is the concealment of the guilty party. Of course, this is a very difficult scenario, but still solvable. In this case, it is necessary to gather yourself and remember in as much detail as possible all the circumstances associated with the accident. It is very important to remember the make of the vehicle, its color, probable locations of damage, as well as the license plate number. Ideally, the accident will be recorded on a video recorder.
It is important for the injured party to act in accordance with the legally established traffic rules:
- As soon as a collision occurs, you must turn on the emergency signal.
- Install a sign indicating an emergency stop.
- If necessary, call an ambulance or intensive care unit.
- Call the traffic police inspector or emergency commissioner.
- Try to find and collect information from eyewitnesses. If witnesses need to leave, their contact details should be taken so that authorities can interview them later. Perhaps they will help find the missing car.
In the absence of signs and signals indicating an accident, the employee who responded to the call will be forced to issue a fine in the amount of 1000 rubles established in the Code of Administrative Offenses (Article 12.27).
You should not try to catch up with the fugitive, since if the second participant also disappeared, this will subsequently be regarded by law as leaving the scene of an accident, which threatens an administrative offense, as well as the culprit.
First actions after an accident
Please note that pursuing the culprit is very imprudent, as you should not leave the scene! On the contrary, stop the vehicle and, in accordance with paragraph 2.5 of the Russian Traffic Regulations, do the following:
- sound the alarm and place an emergency sign on the road;
- call an ambulance by calling 103 if there are victims;
- Write down all the information you know about the criminal from eyewitness accounts and your own observations;
- report to the traffic police;
- When the patrol arrives at the scene, make a statement that will be recorded in the protocol;
- Contact the traffic police department and issue a search warrant for the offender.
It is very important to remember the appearance of the car that caused the accident. At a minimum, name the color and make of the car, or better yet, remember the car number - this will significantly speed up the search for the criminal.
How to fill out an accident report
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In order for employees of authorized bodies to be able to correctly fill out the protocol, it is necessary to bring them up to date and tell them in detail all the known nuances. It is very important to notify them that the culprit has escaped and to describe the car as accurately as possible. The fact of transferring the recording from the DVR must also be recorded in the protocol. If there are witnesses, they must be identified. After filling out the protocol, you must carefully read it. If any points raise doubts, it is better to clarify them before signing. If the employee refuses to make amendments, instead of signing, they must leave the note “I do not agree with the above information.”
Next, you need to go to the nearby traffic police department to file a statement about the beginning of search activities against the fugitive. After completing the above steps, you need to notify the auto insurance company about the accident that occurred, during which the other party left the scene without permission. Afterwards comes a tedious period of waiting for the results of the search for the culprit driver.
How to fill out and prepare documents correctly
After the traffic police has carried out search activities and established information about the identity of the culprit, the victim needs to decide on the path to further compensation for the damage caused. This procedure can be performed by writing a statement of claim to the court or contacting the insurance company of the at-fault motorist.
The second option will significantly reduce the time for determining payment for damage caused. However, there is one subtlety in the law, which stipulates that the victim does not have the opportunity to independently determine the method of receiving the insurance premium. This happens when the participant who left the place did not have a driver’s license or compulsory motor liability insurance on the specified date, or if he considers himself innocent in the current situation. Then the only option left is court.
To write a statement of claim, you will need to collect the following documents:
- road accident recording report received from the inspector;
- protocol from the traffic police;
- examination results confirming the damage caused.
Procedure for processing documents
As soon as the culprit is found, you will need to immediately make a decision - how to get insurance compensation from him - either by going to court or directly to the insurance company. There is also a mandatory procedure in which the victim will not be able to choose the option of receiving compensation if the person at fault for the accident that day did not have a driver’s license for any reason, or did not have compulsory motor liability insurance, or he refuses to admit the fact that he is the culprit of the road accident. -transport accident.
In any case, you should remember that you won’t be able to go to court with just a statement of claim - you will need to collect a small package of documents:
- certificate of accident;
- accident scene inspection report;
- document assessing the damage caused.
If the culprit does not deny his guilt in the accident, and at that time he has a valid MTPL policy, then you can safely contact the insurance company, and then, if all the documents are completed correctly the first time, you can quickly receive insurance payments.
Is it possible to receive payment if the culprit has not been found?
It happens that the guilty party is carefully hidden and law enforcement agencies fail to detect it. Many believe that the situation is hopeless and that compensation for losses should be forgotten. However, this opinion is erroneous, and payment under compulsory motor liability insurance will be made if the culprit fled. The situation involves contacting your auto insurer or RSA. Employees are required to prepare documentation that must correspond to the specific situation.
According to the Federal Law “On Compulsory Civil Liability Insurance of Vehicle Owners,” insurance offices do not have the right to refuse an applicant.
If employees of an unscrupulous company do not intend to formalize payments, an alternative way to resolve the current situation is to file a claim in court. The auto insurance company will act as a defendant in court.
The court makes its verdict based on information from the plaintiff, witnesses, video surveillance equipment, and the examination performed. If it is possible to prove the absolute guilt of the second participant in the accident, then compensation for the damage caused will be paid in full.
The court can also determine mutual guilt. Then the percentage of guilt of both participants will be established. Based on this decision, the percentage of compensation payment will be established.
– If the culprit of the accident was found after a while
In a situation where the insurance premium has already been paid by the company, but suddenly the culprit is discovered or found, the insurance company will formalize the recovery of the previously paid money from the culprit. The victim in this situation will not suffer losses.
If payment has not yet been made, it is necessary to resume the process of demanding payment for repairs or compensation for damages from the culprit. To do this, it is first recommended to contact the traffic police and provide information known about the other party. The inspectors will fully prepare the necessary documents, on the basis of which a request will be submitted to the auto insurance company.
– If the culprit car was stolen and the owner is not to blame
You should not expect any payments from the insurer of the at-fault car owner if the car was listed as stolen, and the real owner claims that he was not in the car on the ill-fated day. Then the insurance company is considered not involved and is not obliged to pay anything. If you still intend to receive the funds due, you need to establish the personal data of the hijacking driver.
How is ownerlessness insurance paid?
According to the current legislation of the Russian Federation, the insurance payment must be received by the injured party. The Supreme Court of the Russian Federation determined that only the person who owned the car can be recognized as a victim.
Thus, people renting a car or driving it under a power of attorney are not entitled to receive insurance compensation under compulsory motor liability insurance.
Let's look at a specific example. The citizen drives the car by proxy, that is, it is not his property, but his name is indicated on the liability insurance policy.
In an accident, damage to the vehicle occurs and harm to the health of a citizen who is not to blame for the accident.
In this case, the owner of the car will receive compensation for the damage caused to him, and the citizen who was driving the car will receive compensation for the harm caused to him.
Non-owners can receive compensation under OSAGO only in the following cases:
- The owner provided them with a notarized power of attorney confirming the right to receive such compensation;
- If the owner passes away, those who receive the inheritance may receive the payment.
What to do if your car is hit in a parking lot and you drive away
Limited space and unclear organization of traffic in the courtyard area and in parking lots also often lead to troubles. Traffic rules in these situations are regulated by law. If the culprit fled the scene of the accident, the procedure for the injured party is similar to an accident on the road.
First of all, it is recommended to find out whether video surveillance is installed in the parking area or whether there is a watchman working. Probably, the eyewitnesses have not gone far yet, and it will be possible to find out some details about the culprit. It is strictly forbidden to leave the scene of an accident without a protocol from employees of the authorized bodies.
The only exception to the rule is when the victim did not immediately discover the damage, but during his own investigation the location of the accident was discovered. It should be borne in mind that this point is very difficult to prove to traffic police inspectors and judges.
There are still conscientious motorists on the roads. If you left contact information, but nevertheless left, there are 2 ways to resolve the dispute:
- Draw up a protocol with the participation of an inspector, pointing out the driver’s dishonesty and leaving the scene of the accident. The other party will be notified by law enforcement officials and will be punished accordingly.
- Peaceful solution to the issue. In general, this is a good way to resolve a situation when you need to leave urgently. But it is recommended to resolve the issue this way when the car owner is a personal acquaintance. It is better for the injured party to immediately determine the amount, otherwise she may be deceived or disagree with her opinion, and the place will already be abandoned (that is, a violation of the law will also occur).
The first option certainly has fewer risks.
– Is it possible to receive payment in this case?
In order to process all due payments, it is recommended to first contact the traffic police and then notify the auto insurer. Law enforcement officials will draw up a protocol and also accept an application to begin the search for the offender.
The auto insurer will determine the amount of compensation for the damage caused if the offender is found. If information about it is not known, the payment of the premium is made by the insurance company of the injured party or RSA.
Statute of limitations for leaving the scene of an accident
A road traffic accident falls into the category of administrative offenses, the punishment for which is clearly regulated by current legislation.
The at-fault motorist must be punished accordingly for leaving the scene of an accident while knowing he would not return. For such an action, the law provides for the establishment of a limitation period. It is only 3 months. If caught, the offender will be deprived of the opportunity to drive a car for the next year and a half.
In some cases, the offender may be acquitted. Such a case is indicated when one of the participants takes the other to the hospital. All cases of leaving the scene of an accident with weighty arguments presented are considered by the judge on an individual basis.
The victim has the right to file a claim for payment of damage only within 3 years. It is recommended to file a claim as soon as possible, because, according to established legislation, inaction in asserting rights can only mean one thing - the lack of need for it. It is noteworthy that these 3 years are counted from the date when the injured party learned about the accident and the violation of its rights. Only the presence of a compelling and well-reasoned reason will help restore the right to file an application.
Punishment
As mentioned above, the decision as to whether compensation will be paid or not will be made solely by the court. Moreover, it is possible only if the runaway driver is declared the culprit of the incident. This fact can be established only after a complete analysis of the information obtained at the scene of the incident, as well as after a series of examinations (for example, trace analysis).
It should also be said that sometimes the court may find both motorists guilty. In this case, the degree of guilt of each of them will be additionally established. By the way, it should be said in advance that the very fact that one of the participants left the scene of the accident is not yet proof of his guilt (however, in this situation he will in any case be subject to an administrative fine, if, of course, his identity can be established ).
We suggest that you familiarize yourself with: Deadline for responding to a claim, deadlines for consideration of a claim
The Administrative Code categorizes such violations as gross, and for these reasons alone the penalties are very severe.
- Deprivation of rights from 12 to 18 months is common.
- Arrest for 15 days - only for the most serious violations. The driver can be arrested if, in addition to this violation, he was also under the influence of alcohol or drugs.
You can find out when you can drive after drinking alcohol from our article.
Only a court can deprive a driver of the right to drive, and the more seriously he takes his offense, the less significant the punishment may be, for example, suspension for only a year (the minimum possible punishment).
But if it turns out that not only leaving the scene of an accident, but also for another reason, then this will be considered an aggravating circumstance, and you can receive a double penalty (except for the standard 500 rubles for leaving for an actual violation of traffic rules): it can reach arrest for 15 days, or deprivation of driving license for up to 1.5 years.
The punishment of the court depends on the conditions of the accident:
- speed of road accident participants;
- operation of markings and road signs;
- the presence of injuries or deaths in the accident;
- repeated traffic violation by one of the participants;
- Whether the participants in the accident were in adequate condition.
