We can no longer imagine our life without cars and, for sure, each of us has become a participant in at least a minor accident or witnessed one. Therefore, we understand that in every accident it is necessary to correctly identify the culprit, and this is done by the court, not the traffic police inspector.
Our civil lawyer will help you establish guilt in an accident or appeal against guilt in court: with us, legal assistance in case of an accident - professionally, on favorable terms and on time. Call and schedule a consultation today!!!
Establishing the culprit of an accident in court
If a minor accident occurs and there are no injuries, then the drivers, as a rule, resolve the issue on the spot: one of them admits guilt and pays compensation to the other, for which a receipt is drawn up. For example, when one driver does not keep his distance and collides with a car in front: the damage may be minor, the drivers inspect their cars and, not wanting to waste time, the driver driving behind admits his guilt and is ready to pay monetary compensation at the scene of the accident, which will suit both. In this case, such a driver must necessarily take a receipt from the first one stating that as a result of the accident (indicate the details of the cars and drivers), the damage caused was compensated on the spot in such and such an amount and the participants in the accident have no claims against each other.
Another case is if a serious accident occurs, there are victims or the participants do not admit their guilt.
IMPORTANT : often the victims can suffer greatly, and the driver turns out to be guilty, then the culprit of the accident will be prosecuted under Art. 264 of the Criminal Code of the Russian Federation, see the VIDEO on this topic for more details
Almost every car has a video recorder, of course, it will help in establishing the circumstances of the accident and its culprit, but you shouldn’t count on it alone (the accident may not be included in the viewing angle of the video recorder or may be partially included, in the car of another participant in the accident the device may not be present, the recorder may fail or disconnect at the most inopportune moment). Therefore, after an accident occurs:
- it is necessary to contact pedestrians, stop passing cars and if there are people who can explain something about the accident, write down their name and telephone number
- when drawing up a report by the traffic police officer, indicate them as witnesses.
- Finding witnesses later through the media and other resources will be problematic, since time will pass when you need it, and people will have forgotten everything and will not be able to respond.
- You should also pay attention to video cameras located on nearby buildings.
- You also need to photograph the accident scene and the cars from all angles.
If any document drawn up by a traffic police officer indicates that a specific person is the culprit of an accident, this must be appealed, since only a court can establish guilt in an accident, and a traffic police officer can hold a person accountable for violating traffic rules (in particular, read how challenge the fine for driving into oncoming traffic using the link). In turn, violation of traffic rules is not always the cause of an accident.
Establishing fault in an accident through court. What decision can the court make?
- The court satisfies the plaintiff's demands, finds the second party guilty and recovers the damage caused.
- The court partially satisfies the plaintiff's demands, finds both participants guilty and, in accordance with the degree of guilt, recovers damages.
- The court rejects the claim because the second participant is not guilty.
How to protect yourself when identifying the culprit of an accident
If you are involved in an accident and believe you are not responsible for it, remember your basic rights:
- guilt in an accident can only be established by bringing to administrative responsibility
- confirmation of guilt is a decision on an administrative offense that has entered into legal force, a sentence
- guilt must be proven, but the interviewee has the right not to give any explanations, clarifications, or prove his innocence
- all doubts and ambiguities are interpreted in favor of the accused.
If the traffic police has opened a case of an administrative offense, the victim has the right to be present during its proceedings. This is directly provided for by the Code of Administrative Offences. Including presenting your reasons and arguments, appealing the decision.
In general, proceedings in cases of administrative offenses have their own characteristics and possibilities - filing petitions, ordering an examination of an accident, etc. An experienced lawyer will use every opportunity to ensure that the culprit of the accident is identified by a decree that has entered into force.
How to prove mutual fault in an accident?
If both drivers violated traffic rules and this led to an accident, we can talk about mutual guilt. It should be taken into account that there must be a cause-and-effect relationship between the violation and the accident.
For example, if the first car is running a red light and collides with a second one running a green light, but the driver of the second one, for example, is not wearing a seat belt. Traffic violation protocols will be drawn up against both drivers, but there will be no mutual guilt, because the fact that the second driver was not wearing a seat belt could not have caused the accident.
Testimony of participants in the accident, testimony of witnesses, and video recordings will help prove mutual guilt. At the same time, it is necessary to monitor what the inspector indicates in the protocol; if there are comments or you do not agree with something, indicate this when signing the protocol. Also draw the attention of the traffic police officer to facts that may confirm the guilt of the second participant.
The presence of mutual fault affects the amount of payments under compulsory motor liability insurance.
It is impossible to identify the culprit of the accident
In practice, there are situations in which it is impossible to identify the culprit of an accident, for example, when there are conflicting testimonies from participants or the absence of witnesses. Often the procedure for appealing guilt in an accident with the help of our car lawyer helps to prove your innocence.
If the culprit of the accident fled the scene of the accident, and it was not possible to find him, it is necessary to file an accident and apply for payment to your insurance company.
Moreover, if it is impossible to establish the guilt of a particular participant or the degree of guilt of the participants, the person who has insurance does not lose the right to receive it (the Armed Forces of the Russian Federation clearly indicated this in one of its decisions).
The procedure for identifying the culprit of the accident
How do traffic police officers determine and assign responsibility for an accident? Where should I go to refute this fact?
Let's look at the algorithm that inspectors follow:
- Even if an emergency commissioner arrives at the scene of an accident, the documents on the accident still ultimately reach the traffic police inspection, where they are recorded in the system. After this, a specialized group is created that will look for the culprit of the accident.
- All participating drivers receive orders that describe the situation and identify the offender. This participant in the accident is obliged to pay a fine for what he did.
- Evidence from one of the parties or confirmation from eyewitnesses is sufficient to determine who is guilty.
After the participants in the accident receive all the documents, they are sent to their own insurance companies to file an insurance claim. A statement is taken from the victim, the car is inspected, damage is assessed and sent for further repairs to a friendly service center.
If the culprit of the accident has not been identified, then a claim may be filed in court. A special commission and experts will conduct their own investigation and make a decision.
Statement of claim to establish the degree of fault in an accident
Filing a claim with the sole requirement to establish the degree of guilt is not provided for by law, and therefore the claim is filed for compensation for damage caused by the accident. It is within the framework of consideration of claims for damages that the degree of guilt of each participant in the accident is established.
In order for the court to accept the claim for its proceedings, it is necessary to comply with the requirements for its form and content established by the current procedural legislation, namely, indicate:
- name and address of the court
- data of road accident participants
- information from the insurance company of the second participant in the accident
- claim price
- state duty
- detailed circumstances of the accident with supporting documents attached
- available photos and videos
- data of road accident witnesses and a petition to summon them to court
- if necessary, a request for an examination
- if necessary, a request to request a photo/video
- detailed calculation of the amount of damage that is subject to compensation
- claim for damages
USEFUL : watch the VIDEO with advice from a lawyer on filing a claim in court, and also ask a question in the comments of the video to get an answer
If you seek help from a lawyer, all expenses are subject to reimbursement, and evidence of such expenses is presented to the court.
The defendants must indicate the second participant in the accident and his insurance company; the claim is filed at the place of residence/location of one of the defendants.
If the second participant in the accident has already filed a claim in court, and you believe that the accident was not your fault or that both participants were to blame for the accident, you should file a counterclaim.
When establishing mutual guilt, the court in its decision will necessarily indicate the specific amount of guilt of each participant - compensation for damage in an accident through the court will be in proportion to the established share of guilt.
How to determine the culprit of an accident
What to do if you are involved in a traffic accident? How to behave correctly in a conversation with traffic police officers, as well as in communication with the second participant in the accident? What should you pay special attention to first? In this article, we will help you answer all the questions that drivers may have as a result of a traffic accident.
What should you do after an accident?
after the accident, try to find as many witnesses as possible who can further confirm your position;
pay attention to whether there are external surveillance cameras at the scene of the accident; if there are, then it is best to contact the owner with a request not to erase the video recording;
carefully sign the diagram drawn up by the traffic police officer at the scene of the accident, see if the direction of movement of the cars and all the nuances that are significant for the case are indicated in the diagram;
It is best not to write explanations in detail, since later there will be less opportunity to correct anything in it.
How to determine who is the culprit?
if the second participant in the accident does not admit his guilt, then we strongly recommend that you draw up written explanations on the case and attach them to the materials of the administrative case in the form of a submitted written petition, in these explanations you must indicate why you believe that the culprit of the accident is the second participant in the accident , in this case, it is best to refer to specific points of the traffic rules that were violated by the second participant in the accident. Also, in your explanations, it is best to indicate that you acted in strict compliance with the traffic rules, while referring to specific points of the traffic rules attached with a diagram and drawings.
be sure to interview all the witnesses you included in your explanation after the accident;
if the second participant in the accident brought new witnesses to the analysis, be sure to point this out and object after interviewing them.
You also have the opportunity to schedule a car technical examination to identify the culprit of the accident, but this pleasure costs a lot of money.
What to do if mutual guilt is recognized?
it is necessary to appeal the said decision to the court within 10 days from the date of receipt of the said decision;
if at the time of consideration of the complaint in court the two-month period for bringing to justice has expired, then the judge, when canceling the decision, will terminate the proceedings due to the expiration of the statute of limitations, in this case the culprit will not be identified and you will have to establish the culprit of the accident in civil proceedings;
If the drivers are both at fault, you have the right to demand damages from the insurance company in the amount of 50% of the repair amount.
We are ready to provide you with assistance: if necessary, we will provide you with professional representation in the judicial authorities and the traffic police; We will control every stage of enforcement proceedings; We will help you protect your rights and interests in court at any stage of the process.
Call us at 640-24-28 or on the company’s website, we will answer you and provide all possible assistance, protecting your interests.
What can our lawyer do if it is necessary to establish guilt in an accident?
- Give advice during the consultation, including on the issue of how to prove that there was no accident, as well as any other
- Go to the scene of the accident , record the data of witnesses, pay attention to the circumstances relevant to the case, check the correctness of the protocol
- Analyze the situation and determine the tactics that are beneficial to you
- Draw up an objection to the protocol, appeal the decisions of the traffic police officers
- Contact the insurance company with a statement about the insured event, file a claim with the insurance company
- Participate in conducting automotive technical examinations
- Provide assistance in collecting evidence of your innocence and the guilt of another participant
- Contact appraisal organizations to calculate the amount of damage
- Draw up and submit a statement of claim to the court for compensation for damage from an accident , participate in court hearings, file a counterclaim for compensation for damage
- If necessary, appeal the court decision
- Conducting enforcement proceedings
IMPORTANT : engaging a lawyer is possible at any stage, however, the sooner a lawyer gets involved in the work, the greater the chance of collecting the necessary evidence and meeting the deadlines provided by law (for example, for appealing decisions, decisions).
Can I count on insurance without identifying the culprit of the accident?
statements about the occurrence of an insured event free of charge in word format
Often, motorists are concerned about the question of whether it is possible to receive an insurance premium if the degree of guilt has not been established for any of the participants. First you need to understand what types of insurance exist. To do this, it is worth delving into the concepts of OSAGO and CASCO.
OSAGO is a compulsory motor third party liability insurance policy. Its presence is mandatory for every driver. The relationship between the insurer and the car owner is regulated at the legislative level. In case of an accident, it is not the insurance owner who receives compensation, but the injured person.
CASCO is a voluntary vehicle insurance policy. According to it, the owner will receive compensation for damage in the event of damage to property, theft of a vehicle, or simply an accident. The document does not need to be completed. But it is an additional guarantee for the car enthusiast.
Please note that the CASCO policy is in addition to the MTPL policy. One document cannot replace another.
Owners of a compulsory motor liability insurance policy will not be able to issue a payment if those responsible for the accident are not found, since in fact the main condition for providing the payment - identifying the victims - has not been established.
ATTENTION! Look at the completed sample application for the occurrence of an insured event:
Do I need to undergo a technical inspection in case of an accident if I have insurance?
claim to court for compensation for damage as a result of an accident free of charge in word format
However, if no perpetrators were found in an accident and no case was opened, do not despair. You have the right to independently file a claim with a judicial authority and present evidence of the guilt of the second participant in the accident. The court will order an additional examination.
This procedure includes the following steps:
- road surface assessment. At the same time, the possibility of an accident occurring due to the poor condition of the road is determined,
- traceological assessment carried out to determine the culprits of the accident based on the traces left on the road surface. This study is only permissible in the first days after the accident,
- Automotive product assessment allows you to determine the actual amount of damage caused to the car.
But if the car owner has a CASCO policy, then there is no need to determine the culprits. The insurance company pays compensation in any case, even if the client himself is to blame for the traffic accident.
ATTENTION! Look at the completed sample claim to court for compensation for damages resulting from an accident:
