Is a parking accident an accident or not in 2021 - an insured event

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Parking lots (especially near large shopping or office centers) are always crowded with cars. This contributes to a large number of minor accidents. According to paragraph 1.2 of the traffic rules, such incidents fall under the concept of road accidents. Therefore, in the event of a traffic accident in a parking lot, it is necessary to act according to general principles. Next, we will consider the main nuances of registration and tell you whether it is possible to do without the participation of traffic police officers. There are often situations when the culprit of an accident in a parking lot flees the scene. Therefore, we will also provide a detailed algorithm for actions in such a situation.

What to do if you have an accident in a parking lot?

You can call the traffic police from a landline phone at number 02 , from a mobile phone at two numbers 112 (this is the Ministry of Emergency Situations, after hearing the problem, they will switch you to the necessary department) or 102 (police, here you will be switched to the traffic police officer on duty).
If you get into an accident in a parking lot, you must adhere to the following algorithm of actions:

Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

• Stop completely and put the vehicle on the handbrake.
• Activate emergency mode (using the button located on the vehicle’s instrument panel).
• Place an emergency sign 15 meters from the scene of the incident. This is required by traffic regulations. If you ignore this requirement, you will be fined 1000 rubles (according to Article 12.27 of the Administrative Code), regardless of whether you are the culprit of the accident in the parking lot or not.

Attention
It is prohibited to somehow correct the location of cars and other details of the incident. Everything must remain in its place until the traffic inspectors arrive or until an accident diagram is drawn up according to the European protocol. If, as a result of the accident, damage was caused only to property, and the cars involved in an accident in the parking lot interfere with the movement of other cars, by calling the traffic police and consulting with the officer on duty, you need to remove the vehicle from the roadway after the necessary facts are recorded in photos and videos (in compliance with traffic regulations clause 2.6.1). In case of failure to comply with this requirement, the participants in the accident face a fine of 1,000 rubles.

• If people were injured as a result of the collision, you must immediately call an ambulance. If necessary, first aid should be provided (but only if the appropriate skills are present).
• If the estimated amount of damage exceeds 100 thousand rubles (in the absence of disagreements and registration of the Europrotocol using the mobile application "DTP.Europrotocol", the maximum amount increases to 400 thousand in accordance with Federal Law No. 40, Article 11.1.), or there are victims, they are called to the scene of the accident traffic police officers and those involved in the accident follow their instructions. Otherwise, if the participants in the accident managed to come to an agreement, you can do without them and draw up a report yourself.

Let's consider further actions, without the participation of traffic police inspectors:

1. Take photos and videos of the accident scene. There are no special requirements for the quality of images, so photos taken on any smartphone are suitable. The main thing is that the images include vehicle registration numbers (they should be clearly visible), a general panorama of the scene of the incident and the damage.
2. After that, a diagram of the parking accident is drawn up. Both participants must agree on it and sign on it. We will talk about this aspect in more detail in a separate paragraph. If you cannot reach an agreement, it is better to call the traffic police.
3. If possible, find witnesses to the accident. They will help in further proceedings. To testify, take their contact information so that they can be present in court if necessary.
4. All information received is entered into the Europrotocol (we will tell you in more detail about filling it out in a separate paragraph).
5. According to clause 2.6 of the Traffic Regulations of the Russian Federation, drivers are required to clear the roadway if the consequences of an accident make it impossible for vehicles to move. You should vacate the site of an accident in the parking lot only with the permission of the traffic police officer on duty. For ignoring this requirement, a fine of 1000 rubles is provided. In some situations (for example, if it is not possible to photograph the scene of the accident), it is better to receive this fine in order to preserve the details of the accident and not become the culprit.

IMPORTANT
Remember that you will only be able to receive compensation from the insurance company if you follow all the recommendations described above.

Registration of an accident in a parking lot

In order to avoid problems with law enforcement agencies and, on top of everything, resolve the current situation within the framework of current legislation, it is necessary to correctly carry out the procedure for registering an accident in a parking lot.

1. First, you need to decide whether the registration of a traffic accident in a parking lot will be carried out independently by drawing up a European protocol, or whether there is a need to call the traffic police crew.
2. When a decision is made on the second option, you need to take video or photograph the scene of the accident, then remove your vehicles from it so as not to interfere with other drivers and not increase the risk of another accident.

Traffic police crew members are also required to perform a number of certain actions, the implementation of which should be monitored. This is a mandatory drawing up of a map of the accident scene, an inspection of the affected vehicles and (or) stationary objects in order to identify and classify existing damage.

They are also responsible for determining the person responsible for the accident and then interviewing witnesses to the incident. If there are no eyewitnesses to the traffic accident in the parking lot, we will seize and study the video recording that recorded the event (in cases where the parking lot is equipped with the necessary equipment). Based on the results of all the above procedures, a protocol is drawn up.

A copy of the protocol is given to all parties involved in the accident. It is this document that in the future becomes the main evidence of the guilt of one of the parties during legal proceedings, as well as when collecting and submitting documents to the insurance company to receive payments due for damage to the vehicle.

Drawing up a European protocol is only possible if two vehicles are involved in the accident. To further receive insurance payments, both participants must have insurance, and the MTPL agreement must not be expired at the time of the incident. 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”.

In order for the European protocol to have legal force, several simple rules must be followed:

1. Record the scene of an accident in the parking lot using photos or videos.
2. If possible, involve witnesses in the process of compiling it.
3. With the consent of both parties, a diagram is drawn up and included in the notification form.
4. Damage is subject to a detailed inventory.
5. The notice indicates the party responsible for the incident.
6. The notice is signed by both parties; only after it has been certified by signatures can the cars be removed from the scene of the incident.

In order to be able to take advantage of the standards specified in OSAGO in the future, which in some cases apply in the event of an accident in a parking lot, it is very important to draw up a diagram correctly. It must contain the following data:

1. To begin with, the part of the parking lot where the accident site is located is depicted. In cases where there are other vehicles nearby, their location must be reflected on the diagram.
2. The exact location of the vehicles involved in the accident is also subject to recording.
3. The European protocol necessarily reflects the direction in which the cars were moving. Even in the case when only one of them moved, this must be recorded in the diagram.
4. Markings of parking spaces and other signs located both directly at the site of the traffic accident and in the area close to it must be reflected in this document.
5. When the parking lot where the incident occurred is located on the territory of an organization, the diagram reflects such points as: the name of the company, the name of neighboring streets, nearby enterprises, etc.
6. The additional description contains information about which part of the vehicle is damaged.

When the European protocol is preferred for registration of an accident in a parking lot, then the insurance service must be notified about this and an application for compensation for the damage caused must be submitted. Here it should be understood that in cases where more than 2 cars were involved in an accident, insurance payment under the procedure of direct compensation for damage is not made.

When is it necessary to call the traffic police?

Above, we looked at an approximate algorithm of actions when compiling an accident without the participation of traffic inspectors. Most parking accidents occur this way. However, there may be cases when it is impossible to do without calling traffic inspectors. These include the following situations:

• More than 2 participants in the incident. This is due to the fact that such situations require careful investigation. Example: two drivers, while parking, crashed into each other and hit a neighboring car.
• A parking lot accident results in injuries. This applies not only to vehicle occupants, but also to pedestrians and cyclists.
• One of the participants in the accident in the parking lot does not have (or has expired) a compulsory motor liability insurance policy.
• The participants in the incident were unable to reach an agreement among themselves. A typical situation is when drivers shift the blame or cannot agree on the amount of compensation.
• The amount of damage is more than 100 thousand rubles (in the absence of disagreements and registration of the Europrotocol using the mobile application "DTP.Europrotocol", the maximum amount increases to 400 thousand).

Additional information
The latest innovations regarding calling traffic police officers to the scene of an accident are prescribed in Order No. 664 of the Ministry of Internal Affairs.

How is the Europrotocol drawn up?

Let us note the basic rules for drawing up a Euro protocol in the event of an accident in a parking lot:

• The photographs must show all aspects of the incident (vehicle, consequences, etc.).
• You can only write on the European protocol form with a regular ballpoint pen. Pencils, felt-tip pens and other office supplies cannot be used.
• The document must be filled out in 2 copies - for each of the participants in the accident in the parking lot.
• The note must indicate the model of the device on which the pictures were taken.
• Both copies must contain the same information.

The European Protocol is a two-sided form with many points. In each of them it is necessary to indicate reliable information, otherwise the document will have no legal value. Let's consider each of the points:

1. The scene of the accident. The full name of the locality, street, house, etc. is indicated.
2. Date of the accident. The collision time in the parking area is set here.
3. Number of vehicles. The number 2 is indicated, because if there are more participants in the accident, then it is impossible to do without the participation of traffic inspectors and drawing up a Europrotocol is unacceptable.
4. Number of wounded. We put a dash.
5. Medical examination. We set: “not required.”
6. Damage caused to other vehicles. Dash.
7. Witnesses. This section contains their full names and contacts.
8. Registration by traffic inspectors. We put "no".
9. Information about vehicles and their owners. Here you need to enter complete data, including information from the STS.
10. Insurer. The full name of the insurance company is written down (for both participants in the accident). This section also contains information from MTPL policies.
11. Collision site. Indicated by an arrow or cross.
12. List of damages. Here is a complete list of spare parts that were damaged as a result of the accident.
13. Road accident diagram. Compiled in free form. It must contain road markings, vehicles, etc. An example is presented below.

    

    Read also:  Fine for lack of MTPL insurance from November 1, 2021
14. Signatures. It is also necessary to indicate the decryption (last name and initials).
15. TS. Cars are assigned corresponding letters (“A” and “B”).
16. Circumstances of the incident. The essence of an accident in a parking lot is briefly outlined (example: car “A”, making a U-turn, hit car “B”).
17. Who was driving? The full names of the drivers are entered here.
18. Whether vehicles are able to move.
19. Note. Information about the availability of photos and videos is indicated.

for registration of an accident in a parking lot.

Examples of road accidents and identification of the culprit

Since a parking accident falls under the definition of a traffic accident, the culprits are determined according to the general principles of traffic rules. Let's look at a few examples:

• The driver of car “A”, when opening the door, hit a parked car “B”, which was parked in the parking lot of a shopping center. Such a case does not fall under the concept of an accident, so the culprit will pay compensation in accordance with Art. 15 of the Civil Code of the Russian Federation (since such a violation implies payment of losses).
• The driver, reversing out of a parking space, hit a pedestrian. In this case, the driver will be found to be at fault. The size and nature of the sanctions will depend on the circumstances of the incident (severity of injuries, speed of movement, driver’s intoxication, etc.).

What actions to take if the culprit of the accident escaped?

There are often cases when drivers, having become the culprit of an accident in a parking lot, simply leave the scene of the accident, hoping to avoid punishment. We will not delve into the moral aspect of such an action, but will tell you how to act in this situation. First of all, make sure that the car really disappeared from the parking lot. Some drivers (especially inexperienced ones) panic when they collide with another car and may simply drive away to calm down. After making sure that the culprit has disappeared from the parking area and is not going to return, do the following:

• Mark the accident site with an emergency sign 15 meters in front of your vehicle.
• Activate emergency mode.
• Take photos and videos of the scene of the incident. It would be ideal if you can capture the registration numbers of the culprit’s car.
• If possible, find witnesses to the accident that occurred in the parking lot. In this case, you cannot adjust the position of your car. It is also advisable to take DVR recordings from drivers of neighboring cars.
• And the last action is to call the traffic police by calling 02 (020, 112 from a mobile phone). They will conduct a preliminary investigation on the spot.

Most parking lots have a large number of video cameras. Therefore, there is a high probability that the accident was captured and it will be possible to find the culprit of the incident.

For your information

A driver who leaves the scene of an accident in a parking lot will be held administratively liable under Article 12.27 of the Code of Administrative Offenses of the Russian Federation. According to this legislation, he will be sentenced to deprivation of his license for 12-18 months, or to arrest for 15 days and seizure of the vehicle. Compensation for damage caused will be awarded in accordance with the general procedure.

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.

Does compulsory motor liability insurance apply in case of an accident in a parking lot?

In this case, everything will depend on the type and cause of the collision, as well as on identifying the culprit of the incident. These aspects will influence the amount of damage. So, for example, being hit by a door is not considered an accident (according to Federal Law No. 40 of April 25, 2002).

An incident in a parking lot may be called an accident if it has the following characteristic features:

• The incident involves two or more participants (vehicles, pedestrians or cyclists).
• At least one of the participants in the incident suffered damage (material or physical).
• Only one participant encountered a static object.

Thus, no matter where the incident occurred, it in any case falls under the concept of an accident. From this it follows that in case of an accident in a parking lot, compulsory motor liability insurance applies. The parking lot is considered adjacent territory.

Drawing up a European protocol in case of an accident in a parking lot

The current insurance rules allow participants in the incident to document incidents that occurred in parking lots in the form of the Europrotocol. This document can be drawn up without the presence of a traffic police inspector.

In order for the Euro Protocol to be accepted by the insurer in order to resolve the issue of compensation for damage caused, its drafters must take into account the requirements and comply with the conditions set out by the Central Bank of the Russian Federation in Article 11.1 of the Insurance Rules:

1. The damage was caused exclusively to the property of the parties.
2. The collision involves no more than two cars, including cars with trailers.
3. Both car owners have insured their civil liability.
4. The European protocol is drawn up in 2 copies on an accident notification form, signed by both parties and sent to the insurer no later than 5 working days from the date of the incident.
5. The participants in the accident provided their cars for technical examination within a 5-day period from the date of receipt of the request from the insurer.
6. The amount of compensation for damage caused to the car, according to preliminary estimates, does not exceed 100,000 rubles. However, if an accident is recorded in Moscow, St. Petersburg, the Moscow and Leningrad regions, the amount of compensation is not limited, and the damage is compensated within the maximum insurance payment approved by the law on compulsory motor liability insurance for cases of property damage.
7. The Europrotocol must be accompanied by photo and video materials detailing the location of the collision, as well as data from navigation aids

When drawing up the Europrotocol, the form must be filled out with a regular ballpoint pen.
Each participant will have to enter their own personal information into the notice. Two pairs of signatures must be placed on the front side of the document, and its reverse side is signed only by the person who intends to demand compensation for damage from the insurance company. To summarize the above, it turns out that the law allows for an accident in a parking lot to issue a Euro protocol without involving traffic police officers, but only if the culprit of the collision:

• famous;
• did not try to leave the scene of the accident;
• has a current MTPL policy;
• ready to cooperate with the injured party.

Unfortunately, not all persons who are responsible for an unpleasant transport situation show consciousness. Many people, having hit someone else’s car in a supermarket parking lot or in the yard, still drive away from the scene of the incident, trying to avoid responsibility or simply not wanting to waste their time on paper formalities.

Is CASCO valid?

In the case of CASCO, the same principles apply as with OSAGO. A voluntary car insurance policy cannot protect the driver from all risks (contrary to the promises of many insurance agents who are trying to sell the policy faster).

The vehicle will be insured only against those risks that are specified in the CASCO agreement. The most frequently indicated are the following:

• Road accident.
• Fire.
• Arson.
  Please note : Fire and arson are two different things. A fire is a situation where, for example, a garage in which a car was parked caught fire. Arson is when a vehicle is deliberately set on fire (usually such situations do not occur without police intervention).
• Hijacking.
• Damage due to natural disasters or falling foreign objects.
• Damage from the actions of third parties.

Thus, if the incident in the parking lot does not fall under the concept of an accident, then compensation under CASCO will be paid only if the corresponding clause is specified in the contract.

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.

Accident in a parking lot with a barrier

The presence of a barrier in the parking lot requires payment of a fixed fee for parking. Only after this will it open and the vehicle will be able to pass. Accidents with a barrier occur if the driver:

• Refuses to pay for parking and deliberately violated parking rules.
• I lost control of the vehicle and accidentally hit an obstacle.
• I got distracted (for example, when paying for parking using the terminal) and hit the barrier.

If an accident with a barrier occurred without malicious intent (due to inattention) and nothing was damaged except the barrier, then administrative measures will not be taken against the driver. He will only have to compensate for the damage caused (repair or replacement of the barrier). Otherwise (i.e. if the damage to property was deliberate), the driver will face administrative punishment (the size and nature of the sanctions will depend on the scale of the consequences).

Features of an accident in a parking lot

Since for each accident site there are certain distinctive features, which can also be classified as features and reasons for their occurrence, it is quite logical that the parking lot accident also has them. Among them are the following:

1. In the first place is the inability of a person driving a vehicle to make maneuvering movements and reverse movements. Most often, this reason is found in drivers with little experience, as a result of unqualified training during training, as well as in the absence of practical experience.
2. Poorly lit parking lots create a barrier such as poor visibility, which can ultimately lead to a collision.
3. Poor quality road surfaces also often lead to accidents in parking lots.
4. The driver's inattention, caused by various reasons, including ordinary fatigue, leads to the fact that he is not fully able to sense the dimensions of the vehicle he is driving, which leads to a collision. This problem is especially relevant for parking in the area near the house and in supermarkets in the evening.
5. An important factor is compliance with all the rules when constructing a parking lot, namely the size of the parking space, markings, etc., if there are violations in this area, many drivers face the problem of accidents.
6. Equipment with an automatic barrier or a payment terminal can also cause an accident, especially if the driver is not very good or does not know how to use these elements at all.
7. Clouding of consciousness caused by alcohol, drugs or other types of intoxication, as in any other place, can lead to an accident in a parking lot.

To summarize all of the above, we can say that, contrary to popular belief, accidents that occur in a parking lot, under certain circumstances, are covered by insurance, which worries almost all drivers. However, in order to be able to receive the benefits due from your insurance company, you must follow certain standard rules. Regardless of whether a person is a victim or an injured party, under no circumstances should you leave the scene of the accident, so as not to have problems with the law in the future and still be able to receive financial compensation.

When resolving a traffic accident in a parking lot, it is impossible not to pay due attention to even the smallest details, one way or another related to such an accident, since even one inaccuracy can lead to an absolutely undesirable result, both for the injured and for the guilty party.

Reverse parking accident

As practice shows, parking accidents in most cases are associated with neglect of traffic rules while reversing. The causes of such road accidents are the following:

• When reversing, the driver did not make sure that there was an obstacle for other road users.
• There was action by third parties (pedestrians, cyclists, other drivers, etc.).
• The driver ignored the prohibition on reversing in a pedestrian zone.

Please note:
Each situation is individual, but in most cases the driver who was driving in reverse is found to be at fault for an accident in a parking lot. He must make sure that he does not interfere with other road users. There is no additional penalty for such a violation.

What penalties may be applied?

The amount of the fine that can be issued depends on the type and nature of the incident in the parking area. As we noted earlier, the lion's share of parking accidents is related to non-compliance with traffic rules (especially when reversing). Therefore, when establishing the amount of the fine, the fact of whether traffic rules were violated is taken into account.

Additional Information

If the culprit, while performing a maneuver, violated traffic rules, he will be brought to administrative responsibility under article Violation of the rules of maneuvering 12.14 of the Code of Administrative Offenses of the Russian Federation. For such a violation, a fine of 500 rubles is provided. If one of the drivers does not have (or has expired) an MTPL policy, he will face a fine of 800 rubles (regardless of whether he is the culprit or not).

Hitting a door in a parking lot

If a driver hits a neighboring car with a door, then this situation falls under Article 15 of the Civil Code of the Russian Federation. It obliges the culprit to fully compensate for the damage caused. In most cases, such incidents do not cause difficulties and drivers manage to come to an agreement on their own, since identifying the culprit is not required.

If you struck a door, and you managed to come to an agreement with the driver of the damaged car, then before paying compensation, take a receipt from the second participant in the incident in which he will confirm that he no longer has any claims against you. Otherwise, after receiving the money, he can go to court for repeated compensation for the damage caused.

If it was not possible to reach an agreement “on the spot,” it is necessary to call the police or a local police officer. They, guided by generally accepted regulations, will identify the culprit and render a verdict. In this case, you must adhere to the algorithm described above.

Nuances

Different types and locations of accidents have distinctive features and characteristics. Let us note the key nuances of an accident in a parking lot that you need to know:

• If the accident occurred in a paid parking lot, then most likely there are video cameras there. Therefore, you can ask the administration to provide you with a recording of the accident. However, you may be refused, since paid parking employees are not required to provide such content without an appropriate resolution.
• If the accident resulted in death (for example, as a result of hitting a pedestrian), the driver will be sentenced to criminal liability under Article 264 of the Criminal Code of the Russian Federation.
• If the cause of the accident was external factors (for example, ice or poor quality of the road surface), they must be indicated in the note. In some cases, responsibility (i.e. payment of compensation) can be transferred to the parking management.
• If an accident occurred due to failure of one of the drivers to comply with parking and stopping rules, he will face a fine of 500-5000 rubles (according to Article 12.2 of the Administrative Code).

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How to draw up a European protocol in case of an accident in a parking lot?

Europrotocol is a system that makes it possible to register the fact of an accident without the presence of traffic police officers in order to receive payment under compulsory motor liability insurance. The European protocol is also the document itself filled out by the participants in the collision. The Europrotocol is valid subject to several mandatory conditions:

• The accident involves only 2 vehicles and no more. If 3 cars collided at the same time, you cannot fill out a European protocol; you must call a representative of the traffic police;
• None of the participants were injured in the accident, and there was no collision with a pedestrian. If there are deaths or injuries as a result of the collision, the European protocol will be invalid;
• The participants in the collision have no disagreement in determining the culprit of the accident, in the nature and amount of damage. All damage received as a result of a traffic accident is included in the European protocol, and insurance compensation will be calculated on their basis;
• Both drivers are insured under MTPL. If one driver is insured under OSAGO and the other under CASCO, then the European protocol will not be recognized;
• The amount of damage should not exceed 50 thousand rubles. Until January 2015, it was 25 thousand.

It is advisable to fill out the European protocol on the forms issued when registering for compulsory motor liability insurance from the insurance company.