Traffic accident in the yard of a house

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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:

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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).

Can an accident in the yard be considered an insured event?

An insured event that falls under the MTPL policy is an accident that results in:

• damage was caused to someone else's property;
• harm was caused to the life and health of other road users.

At the same time, on the basis of compulsory motor liability insurance, compensation is paid only to the person who was injured as a result of an incident on the roadway. The party at fault in the accident, in the absence of a CASCO policy, must organize the repair of its vehicle on its own.

That is why if a motorist has MTPL insurance, receiving compensation from the insurer will be possible only when he is the injured party.

To understand whether a particular incident is an insured event, the policyholder must read the insurance contract in as much detail as possible. Due to the fact that most insurers are trying their best to avoid making payments due under the DP, you should study as thoroughly as possible the procedure for submitting all the necessary documentation, as well as the existing pitfalls.

You can also resort to the help of qualified traffic lawyers who, as they say, “ate the dog” in such cases. It is the specialists who will guide the car owner on what he needs to do in order to receive the insurance payments due to him.

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.

When to call the traffic police

It is imperative to call the police to an incident when there are casualties.
According to clause 2.6 of the traffic rules, if there are injuries or casualties, it is necessary to call traffic police officers and not move the cars. If, as a result of a car accident, significant damage is caused to the car, then it is necessary to call traffic police officers to register the incident. Otherwise, the insurance company will not pay insurance compensation.

Insurance rules require that the package of documents include a certificate of an accident, which is issued by the traffic police inspector only when registering the incident.

Also, in the event that insurance payments do not cover car repairs, you will have to go to court so that the culprit compensates the missing amount with personal funds. To go to court, you need the same certificate of the incident.

In cases where the person at fault for the accident does not have insurance, you will not be able to file a claim in court without a certificate of the accident. Therefore, it is necessary to make a mandatory call to the traffic police officers at the scene of the incident.

Thus, the participants in the incident act in accordance with civil and insurance laws.

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.

Features of the Europrotocol design

Europrotocol is a document drawn up jointly by both participants in an accident in the yard without calling traffic police officers with the possibility of receiving compensation for damage.

You will save a lot of time and nerves if you draw up a European protocol. But this is only possible if all the following conditions are met:

• Only 2 cars were involved in an accident in the yard;
• both drivers are insured by the MTPL policy and have certificates with them;
• there are no casualties;
• the amount of material compensation does not exceed 400,000 rubles.

When the damage to an innocent driver does not exceed 100,000 rubles, it is permissible to draw up a Europrotocol using a paper form, even if there are disagreements. In case of damages from an accident from 100,000 rubles. up to 400,000 rub. It is permissible to draw up a Europrotocol only if there are no disagreements and using the special application “Accident.Europrotocol”.

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.

Who is to blame for an accident in the yard?

Car collisions in the courtyard of a house very often provoke controversial situations, and it is extremely difficult to identify the culprit in this type of accident. To understand who is to blame for a traffic accident, it is necessary to be guided by traffic rules that depend on the part of the road in the adjacent territory (i.e., the yard) on which the incident occurred.

1. If one road in the yard intersects with another similar one, provided there are no signposts, traffic rule 8.9 comes into force (i.e. obstacle on the right).
2. When leaving the yard, each car is required to give way to all other traffic participants, and when entering the yard - to pedestrians, cyclists, etc.
3. If the collision occurred on a section of the road on which one lane is completely or partially occupied by another car and in order to continue driving you can only use one side, then you must rely on traffic rule 11.7, i.e. The driver who has any obstacle on his side must give way.

If these rules are not followed, you may end up causing an accident in your yard.

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 the culprit escaped?

The only thing worse than the traffic accident itself is an accident without the culprit of the accident, who fled the scene. If you find yourself in such a situation, then try to remain calm and act in accordance with the recommendations that will help you turn the unpleasant incident into your favor.

If the culprit of an accident in the courtyard of a house fled the scene of the crime, then you must act as follows:

1. Limit the scene of the incident 15 meters with signposts. Turn on the hazard lights.
2. If you managed to notice the culprit of the accident, then try to photograph his car, license plates and any details that would later help you find him.
3. Do not change the position of the car after an accident in the yard. All consequences of the accident must remain unchanged in their places. Take photographs of the scene of the accident and try to depict in as much detail as possible the diagram of the traffic accident that occurred.
4. Try to find witnesses to the incident. Traffic police officers will need their coordinates. If it is possible to obtain video materials from home cameras or DVRs of passing cars, then collect them and also provide them to the traffic police officer.
5. Call the traffic police to the scene of the accident to conduct further investigation of the incident.

The driver who fled the scene of an accident in the courtyard of the house will be brought to administrative responsibility. He faces arrest for up to 15 days, as well as deprivation of rights for a period of 1 to 1.5 years and, of course, financial compensation to the victim.

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.

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.

There was an accident in the courtyard of the house. Is this an insured event?

An important issue when submitting an application for insurance payment after an incident is the form of insurance - CASCO or OSAGO. It is in the contract that the definition of what constitutes an insured event with subsequent compensation for damage lies. And for these two policies the list of necessary conditions and circumstances will be different:

1. CASCO . Under a voluntary CASCO insurance agreement, the car owner insures his “iron horse” against any adversity. Therefore, it does not matter how the person at fault in the accident behaved or whether the person who applied for compensation is at fault, the damage must be compensated in any case. And it doesn’t matter at all where the accident occurred geographically.
2. OSAGO . It will be more difficult for car owners who only have an MTPL agreement. To receive compensation in this option, it is extremely important that the accident occurred with the participation of two vehicles and you were in the position of the victim. In this case, the second participant, i.e. the culprit must also be known. Only if all these conditions are met at the same time will it be possible to count on compensation.

An accident in the yard of a house is an insured event that is considered under the same conditions as any other insured event. If your insurance company says otherwise and even makes any arguments (for example, that in order to obtain insurance it is necessary that an accident occur on the highway), then you are being deceived. The decision to refuse compensation when your situation falls under the insured event clause will be completely unlawful. But such a decision may well be made taking into account the legal illiteracy of the car owner and the low likelihood of going to court.

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.

Features of an accident that occurred in the courtyard of a house

Before receiving a license, every driver seems to carefully study the theoretical basis and literally memorize what an accident is. But in practice, when a non-standard situation occurs, natural doubts arise: do these circumstances really fit all the necessary conditions?

One such particular example is an accident in the courtyard of a house. And the main questions that arise for the driver in such a situation: is this an insurance case and how should one behave?

First of all, you need to understand that this situation is quite standard. It makes no difference whether your car crashed into your yard or while driving on the highway. The procedure for your actions will be the same as in case of any other accident: call a traffic police inspector, draw up a diagram of the incident, etc.

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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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Fine for an accident

For a participant in an accident in the yard, the consequences may be different, depending on the circumstances. But the traffic police insistently recommends not to aggravate your situation. It means that you should not leave the yard, hoping that you will be able to avoid punishment for an accident. It is worth recalling that the traffic rules provide for separate fines for such offenses as leaving the scene of an accident and failure to comply with the duties that are assigned to participants in an accident.

So you should stay until the circumstances are clarified and carry out actions according to the rules. And if the driver left the scene of an accident in the yard, the consequences for him will be the most unpleasant. This can be punished very harshly: according to the Code of Administrative Offenses of the Russian Federation (Article 12.27), a motorist faces deprivation of rights for up to one and a half years and even administrative arrest for up to 15 days.