Hitting a stationary vehicle, traffic regulations

Traffic rules in the parking lot

The same rules apply in parking lots and residential areas as on the road. Without markings, signs or traffic lights, drivers adhere to five basic rules.

Exit from a secondary road. If a driver leaves a parking lot or local area on the main road, he must let everyone who moves along it pass. This is stated in paragraphs 13.9 and 8.3 of the traffic rules.

Interference on the right. The driver yields if the other participant is on the right.

Priority when going uphill. If parking is not on level ground, you must yield to the driver who is driving uphill.

Speed ​​up to 20 km/h. In residential, bicycle and courtyard areas it is prohibited to drive faster than 20 km/h. When investigating parking lot accidents, inspectors often refer to this rule.

Alcohol-free. Sometimes it happens that a car owner, after drinking a little, decides to repark the car - for example, because his usual place has become vacant. You can't do that. The rule against driving while intoxicated also applies in parking lots.

Hitting a standing vehicle

Very often on the road there is a collision with a stationary vehicle. Each case is individual, so the circumstances may be different:

• An accident at a traffic light when the car did not have time to stop and a collision occurred with a vehicle that was standing at a prohibitory traffic light sign. Exactly the same situation can happen at a pedestrian crossing or an uncontrolled intersection;
• the driver tried to park the car, as a result of which he collided with a vehicle that was in the parking lot. A similar accident can also happen in the yard.

We can continue to consider special cases. But the essence remains the same. In any case, the driver who collides with a stationary vehicle is guilty of the accident and is required to pay a fine. The size of the latter depends on under which article the traffic police inspector will consider the incident.

What articles can inspectors apply to the case?

Private practice shows that accidents in which one car did not move, and the second one hit it, can be considered in accordance with the following articles:

• 1 traffic rules. It states that the car must travel on the road at a speed not exceeding the established limits. At the same time, the driver, when choosing a speed limit, must take into account related factors, such as weather conditions, traffic volume, vehicle condition and the presence of cargo, and other points. Also, the selected speed should allow the driver to stop the car in time if he notices any obstacles to continue driving. Administrative punishment in the form of a fine for violation of this clause is not provided;
• 10 traffic rules. This clause obliges the driver, while driving, to choose a safe distance in relation to other vehicles, so that in the event of any unforeseen situation, he can avoid a collision, reduce speed or completely stop the car. Punishment for violation of this paragraph is determined by paragraph 1 of Article 12.15 of the Code of Administrative Offenses of the Russian Federation. The fine is 1,500 rubles.

The traffic police inspector determines which clause will be applied individually in each case. Accordingly, it is not possible to talk about what the punishment will be, because a fine may not be imposed at all. But, most often, inspectors still apply clause 9.10 of the traffic rules, under which they can be fined 1,500 rubles.

Those who are interested in whether their license is revoked for an accident should know that their driver’s license is not confiscated for such minor violations. An exception is if there are victims whose health has been harmed to a moderate or more serious degree.

If the driver does not agree with the decision of the traffic police officer

If the person driving the car believes that the traffic police inspector determined the responsibility for hitting a standing vehicle incorrectly, he can write a complaint to the traffic police department regarding this fact. First of all, it is worth noting in the protocol that the driver does not agree with its contents and believes that he did not violate the specified clause, providing explanations on this matter.

As for the complaint, you need to describe the situation in as much detail as possible, indicating the date, time, place and circumstances of the accident. It is also necessary to write the full name of the inspector who drew up the protocol. If there were witnesses, their information should also be provided. The more accurately the essence is stated, the easier it will be for management representatives to assess the situation.

Under the text of the complaint there is a paragraph “Please”. All applicable requirements are listed here, for example:

• terminate the administrative case according to the protocol (indicate the series, number, date of preparation);
• consider the complaint in my absence. If you need details of any circumstances, contact me by phone;
• provide a written response in accordance with the law, send it to the address (the exact and complete address is indicated here).

Important! The complaint should be accompanied by a copy of the protocol drawn up by the traffic police inspector, as well as the resolution on the administrative violation.

Is it worth using the services of a car lawyer?

It is important to understand that if the driver does not know how to correctly file a complaint and does not understand all the subtleties involved, it is not worth taking on the task on his own.

It is better to use the help of a qualified auto lawyer who has had to deal with similar situations more than once.

A specialist will assess the relevance of filing a complaint and the chances of achieving the desired result, and will help you draw up the paper correctly.

The fact is that if the driver writes a complaint on his own, he may miss some important points or describe the situation incorrectly. This will delay the process of considering the application or contribute to its unsatisfactory outcome. At the same time, with the support of a qualified motor vehicle lawyer, issues can be resolved much easier and faster.

Source: https://law.ru/auto/naezd-na-stoyashhee-ts/

What to do immediately after an accident in a parking lot

The parking lot is part of the road, which means the rules for registering an accident are the same as on the roadway:

1. Stop the car.
2. Turn on the hazard warning lights.
3. Place a warning triangle on the road at a distance of at least 15 meters from the car.
4. Take a photograph of the accident scene.
5. Do not move objects related to the accident, such as a knocked-down fence or sign.
6. Determine if anyone was injured in an accident. To do this, approach others involved in the accident and ask how they are feeling.
7. Clear the road if the car interferes with other road users.
8. To record an accident - call an inspector or draw up a European protocol.

If the accident is not documented, the victim will not receive payment from the insurance company.

Igor Mirzoev, lawyer

If an accident is not recorded, there are risks for the victim. Firstly, he will not receive insurance compensation. Secondly, if the second participant contacted the traffic police with a statement about an accident, it will be difficult for you to prove that you are the victim and the other person is the culprit. Thirdly, difficulties will arise in determining the damage received in an accident. Since the accident was not recorded by a camera and traffic police officers were not involved, a forensic examination will have to be carried out.

Hitting an obstacle: registration of an accident, traffic regulations, driver’s responsibility

Unfortunately, the number of traffic accidents of varying severity on the country's roads is growing year by year. And one of the most common accidents, according to traffic police reports, is the collision of a vehicle with a stationary obstacle. And according to the law, in such cases it is important to properly file an accident in order to receive the required compensation for the damage caused.

1. Hitting an obstacle 2. Reasons for hitting an obstacle 3. Bringing the offender to justice - Criminal punishment - Administrative punishment - Event of minor significance 4. Registration of an accident when hitting an obstacle - Registration with a traffic police inspector - Registration without a traffic police inspector

Hitting an obstacle

Important! The concept of “collision with an obstacle” means an incident in which a vehicle collided with a fixed object. Such a collision is rightfully considered an accident and is officially included in the list of road accidents.

Most often, modern drivers run into:

• road poles;
• bridge supports;
• trees near the roads;
• fencing;
• stored building materials;
• roadside buildings, structures, structures;
• parked vehicles.

Many people do not pay attention to the danger of a collision. Meanwhile, it is comparable to a head-on collision between two cars.

A collision can end very badly - with serious bodily injury, or even death of drivers and/or passengers of the vehicle.

And the higher the speed of a moving vehicle that hits an obstacle, the higher the probability of such an outcome. Unfastened seat belts also increase the risk of death for people in the car.

Reasons for hitting a stationary obstacle

Collisions with obstacles have different causes, the most common of which are:

• speeding, failure to use seat belts, operating a faulty vehicle, driving while intoxicated and other traffic violations;
• smoking while driving or eating;
• driver fatigue;
• loud music in the cabin;
• simple carelessness;
• talking on a mobile phone while driving;
• or difficult weather conditions.

Bringing the offender to justice

There are different ways to hold a driver accountable for a hit-and-run. The law provides for three types of liability.

Criminal penalty

Of course, only an offense with a high public danger can be a reason for criminal prosecution. This also applies to drivers who hit an obstacle.

In order for there to be grounds for prosecution under an article of the Criminal Code, such an act must result in serious bodily injury or death of a person. As for the actual punishment for hitting, its degree is determined by Art. 264 and 266 of the Criminal Code of the Russian Federation.

As noted above, collisions most often occur due to traffic violations.

And if such a violation was committed through negligence (but resulted in serious harm to health), the culprit can “get off” with 2 years of imprisonment by a court decision.

However, if the crime is aggravated by alcohol intoxication, the punishment can be increased to 4 years behind bars.

If the victim dies as a result of the collision, the offender can go to prison for up to 5 years. And if the driver is found to be under the influence of alcohol or drugs - up to 7 years.

If 2 or more people die after a collision, the offender may be sentenced to imprisonment for up to 7 years.

And in case of aggravating circumstances (we are talking again about alcohol or drugs in the blood) - up to 9 years.

The main punishment under the Criminal Code of the Russian Federation will be accompanied by an additional one - deprivation of the right to drive a car for up to 3 years.

Administrative punishment

If a violation of traffic rules during a collision is obvious, but it (the collision) did not entail any dire consequences, the violator may be held administratively liable. There is no separate article in the Code of Administrative Offenses for hitting an obstacle, but there is always the possibility of prosecuting the driver for failure to comply with current traffic rules, which caused a collision.

If a citizen drove a faulty vehicle, he will face a fine of 500 rubles . Violation of the rules of maneuvering on the road can provoke the same penalty.

If the driver and/or passenger(s) were not fastened with seat belts, the punishment will result in a 1,000 “fine” ruble. And a person driving under alcohol or drugs will be punished with a fine of as much as 30,000 rubles.

Plus they will be deprived of the right to drive a vehicle for up to 2 years.

Minor Event

In principle, an accident such as a hit-and-run may not entail any punishment if it is considered insignificant. That is, all the signs of a traffic violation will be present, and no significant violation of protected social relations will occur.

The criterion of “insignificance” is determined according to the norms contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 . In general, in order to assess the significance of a particular road incident, it is necessary to take into account the nature of the action/inaction committed, its role, as well as the resulting consequences with all their severity.

Registration of an accident when hitting an obstacle

The law provides for 2 forms of registration of a traffic accident:

• with a traffic police officer;
• and without his participation.

Registration with a traffic police inspector

An inspector arriving at the scene of an accident gets acquainted with the circumstances of the accident and collects:

• detailed information about the driver (full name, exact address, passport details, driver’s license number, etc.);
• explanations of the participants in the accident (including explanations of the culprit of the accident, if he is obvious);
• explanations of witnesses of what happened (if there are any and are ready to explain something).

Next, the traffic police officer will have to determine the type of accident and compile a list of damage received by the vehicle.

Without fail, the inspector writes a protocol in which he accurately records the name and specific section of the road on which the collision occurred , notes the names of the nearest streets, describes the size and shape of the roadway, indicates (if any) road markings and signs, and the location of traffic lights.

In addition, the traffic police officer compiles a description of the roadsides (including ditches), sidewalks located near the accident site, and pedestrian paths . Describes curbs, trees and buildings in the immediate vicinity of the accident zone (residential buildings, garages, kiosks, sheds, etc.) Notes whether there are obstacles on the road - holes, bumps, uneven surfaces.

The protocol must also contain data on weather conditions and visibility conditions at the time of inspection of the scene of the incident and drawing up the document, taking into account the position of the sun and visibility from the driver’s seat.

The protocol also includes information about:

• start/end time of inspection;
• important distances and measurements taken, which in the future will be important for possible investigations and trials in the case;
• items (list) seized from the scene of the accident;
• the actions taken that helped record the situation of the accident (making impressions of the treads, filming the accident scene, etc.);
• received statements/explanations from the driver, other participants and witnesses of the traffic accident.

In addition to the protocol, the inspector will have to draw up a special certificate about the accident in the form approved in the Order of the Ministry of Internal Affairs of Russia dated 04/01/2011 No. 154. Such a certificate contains information:

• about all participants in the traffic accident (including their contact details);
• about the exact date and time of the collision;
• about the license plate numbers of the vehicles involved in the incident;
• about the victims;
• about damage to the car.

The certificate may be drawn up with a time delay (say, an accident occurred at night, and the document will be prepared by the inspector only the next day).

Also, a diagram of the traffic accident must be drawn up at the scene of the collision. And it includes:

• accurate measurements of the position of a vehicle that has hit an obstacle;
• description of impact objects;
• graphic representation of the scene of the incident with explanations;
• description of the vehicle’s braking distance (direction, length);
• indication of auxiliary landmarks (these can be trees, buildings, pillars);
• description and images (to scale) of nearby objects;
• dimensions of objects parallel/perpendicular to the road axis;
• description of factors limiting visibility for those involved in the accident;
• characteristic points of the vehicle (wheel hubs or tow hooks).

In addition, the traffic police inspector draws up protocols:

• inspection and verification of the technical condition of the vehicle involved in the collision (with mandatory detailed indication of all damages and malfunctions of the vehicle);
• control of the driver’s sobriety (if necessary, the driver is taken to the Bureau of Medical Examination for a medical examination).

Registration without a traffic police inspector

The participants themselves (without traffic police officers) can file a road accident if only 2 persons were injured in the accident and they do not have claims against each other for property damage caused as a result of the road accident. Another necessary condition for such registration is that the civil liability of both drivers is insured under MTPL.

But if only one person was involved in the accident (committed the same collision), he must certainly call traffic police inspectors to the scene of the accident. Such an accident is subject to mandatory official registration.

If a traffic accident is reported independently, each motorist must fill out an accident notification form for the insurance company.

It should describe in detail:

• circumstances of harm;
• the nature of the damage and its extent.

In addition, a completed road accident diagram will need to be attached to the notification form.

In general, there is a rather labor-intensive procedure for recording a traffic accident that has occurred. Moreover, it is not a fact that everything will be drawn up, filled out, and depicted correctly. This means that insurance payments may, as they say, “hang in the air.”

That is why drivers involved in an accident are recommended to call the traffic police officers to the scene under any circumstances.

Only then will there be confidence that all information regarding the accident will be reflected as accurately and competently as possible from a legal point of view.

The driver’s condition, surroundings and the nature of the harm caused will be objectively described. And if not, then at least there will be someone to blame for inaccuracies and distortions later.

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Source: https://pravo.moe/osobennosti-oformleniya-dtp-pri-naezde-na-prepyatstvie/

Important! If you are dealing with your own case involving a collision with a standing vehicle, then you should remember that:

• All cases involving a collision with a standing vehicle are unique and individual.
• Understanding the basics of the law is useful, but does not guarantee results.
• The possibility of a positive outcome depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

• Request a consultation via the form.
• Use the online chat in the lower right corner.
• Call: ☎ Federal number ext. 844

See what “Collision into a standing vehicle” is in other dictionaries:

• Collision with a stationary vehicle is an incident in which a moving vehicle collided with a stationary vehicle, as well as a trailer or semi-trailer... Source: Rules for recording and analysis of traffic accidents on the roads of the Russian Federation... Official terminology
• Collision with a standing vehicle - 2.6.3. Collision with a stationary vehicle is an incident in which a moving vehicle collides with a stationary vehicle, as well as a trailer or semi-trailer1. 1 Colliding with a suddenly stopped vehicle refers to... ... Dictionary of terms of normative and technical documentation
• Traffic accident - Check information. It is necessary to check the accuracy of the facts and reliability of the information presented in this article. There should be an explanation on the talk page... Wikipedia
• Methodological manual for the course of training specialists in road safety in road transport - Terminology Methodological manual for the course of training specialists in road safety in road transport: 2.6.6. Hitting a cyclist is an incident in which a vehicle hits a cyclist or the cyclist himself... ... Dictionary of terms of regulatory and technical documentation

Clause 10.1 of the Russian Traffic Regulations – hitting an obstacle: comments and responsibility

Traffic rules indicate not only the maximum speed established by signs or a section of the road (settlement/highway), but also require that the speed be selected individually depending on the road conditions. This is exactly what clause 10.1 of the traffic rules says.

10.1.

The driver must drive the vehicle at a speed not exceeding the established limit, taking into account the intensity of traffic, the characteristics and condition of the vehicle and cargo, road and meteorological conditions, in particular, visibility in the direction of travel. The speed must provide the driver with the ability to constantly control the movement of the vehicle to comply with the requirements of the Rules.

If a traffic hazard arises that the driver is able to detect, he must take possible measures to reduce the speed until the vehicle stops.

Clause 10.1 has not changed since the introduction of the Road Traffic Rules as a by-law until 2021. The above interpretation has been sounding this way since 1993.

The only attempt to change this clause of the by-law was in public initiative No. 77F12974, where the initiator indicated that 10.

1 actually introduces a presumption of guilt of the driver in its last paragraph, and justifying this by the fact that, for example, even in an accident with a pedestrian crossing the roadway in a prohibited place at a prohibiting traffic light and even in a state of intoxication, the driver is still charged with a violation of 10.1 and that one is to blame.

The initiative was not accepted for consideration due to the small number of those who failed.

In fact, this paragraph of the Rules is universal. Very often it is attributed to when the driver hits any stationary (or even moving) obstacle on the road - a stationary vehicle, any debris, fallen trees or poles, animals (elks, cattle and others).

In particular, paragraph 10.1 prescribes:

• choose a speed in populated areas of 60 km/h, outside them - 90 km/h - at the same time, 10.1 is inextricably linked with 10.2, which sets specific values ​​for the maximum speed,
• if there is a sign 3.20 with a speed limit, then it has priority over the point above - that is, in this case you need to be guided by the speed value on the sign, and the sign may indicate a speed even higher (note to paragraph 10.2 of the traffic rules),
• the second paragraph clearly speaks not only about hitting an obstacle, but also about the fact that it is impossible to create dangerous driving - even if someone else is violating - cutting off, braking sharply for no reason, driving out without giving way, from “ramming” it is prohibited in in any case, although the blame for an accident will most likely fall on the one who violated a different clause than if you violate clause 10.1 of the traffic rules unintentionally.

From the logic of violation of this clause, it can be established that it is also a precedent - it is considered that 10.1 of the traffic rules is not violated until a precedent is created - an accident. If there is no accident, there is no fact that the speed was chosen incorrectly - that is, the speed is considered safe.

10.1 of the 2021 Traffic Rules makes it clear that, in principle, there can be no unpunished excess. You will not be issued a fine for speeding if the speed limit is no more than 20 km/h.

But the absence of punishment does not mean the absence of violation. And a striking example of this is an accident, where even the slightest excess can cause aggravating circumstances or, in rare cases, mutual guilt.

• This article provides basic information, but each case is different.
• In 92% of all situations there are important nuances that can affect the outcome of the entire case.
• An experienced lawyer will study all the materials of the case and indicate in which direction to move.

Therefore, our website employs on-duty legal consultants who delve into each case and are aimed at solving it.

Ask a Question

or consult toll-free: 8 (499) 938-43-58 (Moscow), (St. Petersburg), 8 (800) 350-14-82 (all of Russia).

There is no direct fine for violating clause 10.1 of the traffic rules. The current version of the Administrative Code for 2021 simply does not provide for punishment for incorrectly chosen speed despite weather or road conditions.

Punishments for specific speeding are established by Article 12.9 of the Code of Administrative Offenses, but when a decision is made under this norm, paragraph 10.2 of the Rules is violated, not 10.1.

However, paragraph 10.1 is very often written out in the event of an accident if the driver, for example, did not have time to stop and drove into an obstacle located on the roadway, even if he did not exceed the speed limit for this section of the road. When considering such accidents, the verdict is usually the same: you didn’t have time to stop, which means you didn’t choose a safe speed and also violated clause 10.1 of the traffic rules.

• Resolution No. 4A-492/2017 of the Arkhangelsk Regional Court on the application of paragraph 10.1 as a violation that led to a collision with a standing car.
• Decision No. 12-57/2014 of the Kirov District Court cancels the decision to refuse to initiate proceedings for violating paragraph 10.1 of the traffic rules, which led to an accident, since the accident was caused by a violation of the traffic rules of the second participant.

Source: https://abn62.ru/naezd-na-stoyashhee-ts/

How to file an accident in a parking lot

Call the traffic police. The inspector is obliged to go out and interview the participants, record the diagram of the accident, photograph the cars, interview witnesses and attach the collected data to the protocol. This document will help the victim receive insurance payment.

Draw up a European protocol. The law allows drivers to draw up a European protocol if they have MTPL policies. There is no need to call a traffic police inspector to prepare documents for insurance payments. There are nuances when filling out the European protocol - read the article with the new rules.

If the accident is not reported, the injured party will not receive compensation for damages.

Anna Oleneva, Insurance Company "Energogarant"

To classify a collision in a parking lot as an insured event, two conditions are necessary:

• • both drivers were driving at the time of the collision;
• • either independently or with the help of an inspector, fill out a protocol.

Only then will the injured party receive compensation for damages. Thus, registering an accident in a parking lot is the same procedure as on a regular road.

What is the fine for hitting a stationary vehicle - Administrative District

Unfortunately, the number of traffic accidents of varying severity on the country's roads is growing year by year. And one of the most common accidents, according to traffic police reports, is the collision of a vehicle with a stationary obstacle. And according to the law, in such cases it is important to properly file an accident in order to receive the required compensation for the damage caused.

1. Hitting an obstacle 2. Reasons for hitting an obstacle 3. Bringing the offender to justice - Criminal punishment - Administrative punishment - Event of minor significance 4. Registration of an accident when hitting an obstacle - Registration with a traffic police inspector - Registration without a traffic police inspector

How to file a minor accident in a parking lot

If the drivers can agree, there will be no need to formalize anything. For example, one driver scratched someone else's car with his bumper. The victim does not want to fill out documents, go to the insurance company and spoil the insurance statistics of the culprit. Then the conflict can be resolved on the spot.

Assess the damage. In this case, the participants assess the damage and the culprit gives the money to the victim on the spot. The law does not prohibit doing this.

Pay or take money from the culprit. If possible, pay through a banking app rather than cash. This will be an additional confirmation of payment.

Take the receipt. If you are the culprit and decide to pay on the spot, do not forget to take a receipt from the victim.

One copy for the victim, the other for the culprit. sample receipt

What to do if you hit a door in a parking lot. If a driver, getting out of the car, scratches someone else's car with a door, this is not an accident. Paragraph 1 of the traffic rules states that in case of an accident at least one vehicle must be in motion. This means that it will not be possible to register the incident as an accident. In this case, the drivers agree among themselves. For example, the culprit can pay on the spot and write a receipt.

How to determine who is to blame for an accident

If two cars collide in a parking lot, the one who broke the rules is usually to blame. We wrote about them above.

If the situation is ambiguous, be sure to call a traffic police officer - at the analysis group it will be clear who is to blame. If the result of the analysis does not suit you, take a break and consult with a lawyer. As a last resort, the decision can be challenged in court.

Igor Mirzoev, lawyer

There cannot be two innocent people in a traffic accident, otherwise it would not have happened. Someone was always less careful and made a mistake that led to a collision.

Another thing is that the traffic police inspector may issue a decision to refuse to initiate a case of an administrative offense due to the absence of a violation in the actions of the drivers for which one can be held accountable. This can happen when there are no victims in an accident, there are conflicting testimonies from both drivers, and there are no DVR recordings.

If one of the drivers is not satisfied with the inspector’s decision, the guilt of one of the parties and the extent of damage caused to the vehicle will have to be proven in court.

The court explained which car collision is considered an accident

In itself, a collision between two cars is not a traffic accident. Therefore, the driver does not have an obligation to immediately stop the car, display a warning triangle and not move objects. And also do not leave the scene of the accident.

This unexpected conclusion was reached by the chairman of the court of the Nenets Autonomous Okrug while examining the case of citizen Medvedeva, who had previously been deprived of her rights for leaving the scene of an accident.

The following situations regularly happen in parking lots: someone tried to leave in a narrow space, accidentally hit a neighboring car, did not notice it and drove away. The owner of the damaged car calls the traffic police.

At the same time, an administrative case is opened against the driver who left for leaving the scene of an accident. Responsibility for this is provided for in Part 2 of Article 12.

27 of the Code of Administrative Offenses in the form of deprivation of rights for a period of one to one and a half years.

cameras revealed many fake OSAGO policies

A similar story happened with citizen Medvedeva. She was driving out of the parking lot in reverse, then straightened out the car and drove forward, when suddenly a signal sounded from behind. She stopped, a man approached her and said that she had run into a parked VAZ. Medvedeva inspected her car and the VAZ, saw no damage and left.

However, the witness reported the incident to the duty station. He met the owner of the parked VAZ as he came out of the store and told him about the collision. And in the evening, traffic police officers came to Medvedeva and drew up a report on failure to fulfill duties in an accident.

The magistrate's court found her guilty, despite statements that she did not hear the sound of a collision and found no damage to the cars, and deprived her of her license for a year.

At the same time, the court referred to the fact that the traffic police saw damage to the cars: a thread-like scratch on the rear bumper of the accused’s car and damage to the paintwork on the right front fender of the VAZ.

The Naryan-Mar city court also supported the conclusions of the magistrate. However, the chairman of the court of the Nenets Autonomous Okrug declared the decisions of the lower courts illegal. And here are the reasons. The magistrate's court found that Medvedeva, while driving her car in reverse, hit a stationary VAZ and then drove off.

The mere contact of cars with each other without the consequences specified in the rules cannot be classified as an accident.

This is confirmed by the evidence examined by the magistrate, and was not essentially disputed by Medvedeva. Although she stated that she did not hear a collision during the maneuver.

The traffic police revealed the position of all cameras for photo and video recording of traffic violations

Finding her guilty, the magistrate referred to the evidence available in the case file, namely: a protocol on an administrative offense, a diagram of the accident site, a certificate of the accident, as well as written explanations from the victim and the accused herself.

But the magistrate’s conclusions about the existence of a traffic accident, provided for by the Traffic Rules of the Russian Federation, were made without a comprehensive, complete and objective study of all the circumstances of the case in their entirety, based on the evidence presented by the traffic police.

According to paragraph 1.2 of the Traffic Rules, a traffic accident is an event that occurred during the movement of a car on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.

The interaction itself, the contact of cars with each other without the occurrence of the specified consequences, cannot be qualified as a traffic accident and the driver cannot be assigned the responsibilities provided for by the rules in case of a road accident, the chairman of the court indicated.

If touching the cars is not regarded as an accident, then the driver is not obliged to stop, put up a warning triangle and call the traffic police

At the same time, the protocol on the administrative offense does not indicate any consequences of Medvedeva’s car colliding with the VAZ. The VAZ owner's explanation does not contain any information that his car suffered any material damage.

Medvedeva herself denies damage to her car as a result of the collision. The accident report shows that the cars were damaged.

But neither the traffic police nor the magistrate determined the time and mechanism of formation of these damages: whether they were formed as a result of the collision or were on the vehicles before the collision.

It will be possible to register an accident on a smartphone

The fact that in this case no auto technical examination was carried out to determine the presence of correlated damage to the vehicles does not allow us to draw an unambiguous conclusion about the occurrence of a traffic accident involving them. The collected evidence is not enough to charge Medvedeva with leaving the scene of an accident.

Therefore, the chairman of the court of the Nenets Autonomous Okrug overturned the decisions of the lower courts and terminated the proceedings due to lack of evidence.

In general, to prove that an accident occurred, it is necessary that there was damage to the cars, and it is also necessary to prove that they resulted from the interaction of these cars.

Indeed, the traffic police officers and the victim only learned about the accident in this situation from the words of a witness. The victim did not make any financial claims.

The person at fault for the alleged accident also did not notice any damage to her car.

It turns out that the accident was made up out of thin air by the traffic police only on the basis of the testimony of a certain witness who, who knows what he saw, was not questioned by the courts.

Explanation of "RG"

Let us remind you in what cases a driver can safely leave the scene of an accident and nothing will happen to him for it. All of them are prescribed in the traffic rules and the law on compulsory motor liability insurance. Alas, drivers need to know the tenets of these documents. Because the traffic rules refer specifically to the law on compulsory motor liability insurance.

If only cars were damaged in the accident and no people were injured, then you can move the car to the side of the road and file an accident without calling the traffic police. That is, according to the European Protocol. Both cars must have MTPL insurance policies. In this case, no damage is caused to third parties. For example, none of the cars drove into the bump stop or cable barrier.

If car owners have no complaints against each other at all, then you can safely leave.

Source: https://rg.ru/2019/09/23/sud-obiasnil-kakoe-stolknovenie-avtomobilej-schitaetsia-dtp.html

What to do if during an accident in a parking lot the culprit disappeared

If someone scratched your parked car while leaving the parking lot and drove away, you will have to look for camera footage.

Find videos. Ask the security service of a shopping or business center. Or interview those who constantly park nearby - most often, these are employees of local offices. Perhaps someone's dash cam caught the culprit. If a car was scratched in the courtyard of a residential building and drove away, interview local residents - they may be witnesses.

Attach the recording to your police report. The police department will not accept a link to the file - burn the video file to a disk or flash drive and submit it along with the application to the police department.

If the culprit is found, in addition to compensation for damage, he will be punished for leaving the scene of the accident - deprivation of rights for up to 1.5 years or arrest for 15 days. Read about this violation in another article.

Remember

1. In a parking lot, the driver gives way to another traffic participant if he is on the right or going uphill.
2. If the driver leaves the yard, he gives way to others.
3. In case of an accident, call the traffic police or fill out a European protocol.
4. If the accident is minor, the culprit can set fire on the spot and take a receipt from the victim.
5. If it is not clear who the culprit is, be sure to call the traffic police. This can be clarified during the analysis, or, as a last resort, go to court.
6. If the culprit of the accident escaped, try to find camera footage and contact the police.

All articles by the author: Evgeniy Lesnov