In our article we will talk about one of the most common types of road accidents - the so-called “door accidents”. This is the name for incidents in which the driver of one vehicle, without looking in the rearview mirror, opens the door, and another car drives into it, or when a car owner opens a car door in a parking lot and it hits a neighboring car.
If you take a closer look at the cars driving along the streets of your city, you will easily understand that this type of incident is the most common. After all, quite characteristic damage to the doors remains - dents, scratches.
Today we will talk about whose fault it is in this type of accident, who should compensate for the damage caused, and how the victim should act. So let's get started.
Did you hit someone else's car with a door? There was an accident or not - Advice from a car lawyer
The inconvenient and sometimes strange organization of traffic in many courtyards of city houses or in parking lots in our country provokes various kinds of traffic incidents.
In this article we will look at one of the most common ones - if a parked car is hit in the yard or in the parking lot.
We will look at road accidents in different subtleties and contexts: from the point of view of the culprit and the victim, if one of the participants does not have insurance and if the person who drove away hit, or whose car was hit.
In fact, there is nothing complicated in such situations - everything here is regulated by law, and practice is full of such cases, just with some nuances in the case of non-standard situations.
Did you hit your car in the yard or in the parking lot - is it an accident?
Yes. With all the ensuing responsibilities and consequences, and traffic rules clearly regulate such situations. In this case, there was an interaction between two cars, resulting in material (and possibly bodily) harm, so such an incident falls under the definition in paragraph 1.2 of the traffic rules.
Road accident is an event that occurred during the movement of a vehicle 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 Traffic Regulations prescribe a number of responsibilities in paragraphs 2.5, 2.6 and 2.6.1 of the Traffic Regulations. Responsibilities include (in order):
- stop the car and do not drive away from the scene of the accident,
- turn on the emergency lights and put up a warning triangle,
- take photographs or videotape the circumstances of the accident and damage,
- if the car creates obstacles for passage, remove it (after performing step 3),
- call the traffic police; or agree on compensation with the victim/culprit directly, for which you take a receipt; or draw up a European protocol.
I hit someone else's car - what should I do?
Let's consider a number of situations when you are the culprit of such an accident.
What if the victim is not there?
So, it's time for atypical situations! However, this one is quite typical, an accident occurs when one car hits another standing car in a yard or parking lot.
If you were the driver of the car that hit you, it is advisable to find the victim. In principle, there are no special solutions or life hacks here, and you need to try the following steps:
- look at the panel under the windshield - sometimes a phone number is left there,
- knock on the wheels to make the alarm go off,
- interview passers-by about their acquaintance with the owner of the car.
It is not possible to identify the owner of the car using license plates or other data on the car for 2018 - there is no single database.
If the search for the owner is unsuccessful, then you cannot leave. There are very common cases when the culprit leaves his contacts or simply leaves without leaving anything to know about himself. This is strictly prohibited! Moreover, the Rules. And you can pay for such an action by depriving yourself of the right to drive for a long time.
The result of leaving the scene of an accident often turns out to be disastrous for the culprit - instead of a call from the victim, he receives either a call from the traffic police or immediately a summons from the court to consider the case under Part 2 of Article 12.27 of the Administrative Code, which provides for deprivation of rights for a period of one to 1.5 years.
The point here is a failure to fulfill the obligations provided for in paragraphs 2.5-2.6.1 of the traffic rules, according to which, you can drive away without registering an accident, including if you hit someone else’s car in the yard or in the parking lot, only in two cases:
- You have drawn up a European protocol with the victim,
- You have agreed with the victim about direct compensation.
In both cases, there must be supporting documents: a notice under the European protocol with the signatures of both parties in both copies or a receipt, also with your signatures, respectively.
Therefore, if the owner of the car cannot be found, it is best to call the traffic police in order to record the accident. When you call, you will either be told to come to the department for registration, having previously photographed the circumstances of the accident and drawn up a diagram of the accident, or the employees themselves will come for registration.
In any case, leave your contacts under the windshield, as the victim will need them.
If you have already left the scene of the accident?
Let's say that you are reading this article when you have already fled to the scene of the accident. And there is no need to despair here. There will be no automatic deprivation from this. If a little time has passed, then just go back - probably the owner has not even come out to the car yet.
But if the fact of leaving the scene of an accident is already known to both the victim and the police, then, most likely, administrative proceedings have been opened against you. And here several options are possible.
No one has information about the culprit
Then you can randomly find out whether the victim contacted the police at all and whether there is a case against you.
In this case, the likelihood that you will be found is extremely low - only by accidentally finding your car and correlating the damage.
But in practice this rarely happens, because in fact 2 months are given for the search (Part 5 of Article 28.
7 of the Administrative Code), and one should not think that traffic police officers are at this time combing nearby areas in search of the culprit. Most often, the search is carried out only on paper.
But this does not prevent the victim from doing such a search himself. And the chances of finding it are high if you live in the same yard or cross paths often under other circumstances.
There is information about the culprit
If your car number is known, then there may not be any deprivation of rights. And there are 2 significant reasons for this.
Firstly, in administrative law there is a presumption of innocence - this means that it is not enough to identify the car that hit someone else in the yard or in the parking lot - you also need to identify the driver; and this is not always easy, unless the moment of the accident was caught on camera with a clearly identifiable driver.
Almost the only scenario for the development of events here is if the owner, who is usually summoned for analysis by the traffic police or in court, testifies against himself or another driver. But he may not do this, citing Article 51 of the Constitution of the Russian Federation, according to which he has the right not to testify against himself or close relatives.
Secondly, as we mentioned above, the search for the culprit has been ongoing for 2 months.
At this time, the car is in the traffic police database, and when stopped by a traffic police inspector, it often makes its way to the search (and this can also be the reason for the stop - it’s called orientation).
And there is only one solution - if you do not get caught in the next 2 months, then it will be impossible to attract you further due to the expiration of the statute of limitations.
What to do if your car is scratched in a parking lot
Often drivers who have been involved in an accident do not know what to do or what services to call. But if with a serious accident everything is more or less clear, then with a scratch everything is not so clear.
First of all, you need to understand that even a seemingly minor scratch is still considered an accident, since damage has been caused.
In no case should you try to hide if the damage is even subtle, because using security cameras or video recorders, as well as if there are eyewitnesses to the incident, inspectors will quickly be able to find the culprit and apply to him the measures required for escaping from the scene of an accident.
If the drivers do meet, you need to discuss the issue with the severity of the damage and find out who is to blame for the situation.
If one of the drivers admitted guilt, you can do without calling the traffic police, but when a dispute arises and the participants in the accident cannot come to a common denominator, the police should be called, who will draw conclusions by sketching the diagram, interviewing witnesses and studying the evidence.
But for the fact that a person scratched someone else’s car in a parking lot, there is no fine provided by law.
Procedure
When an accident of any severity occurs, a person is obliged to take certain actions that will help quickly cope with the problem, register the accident and even save the lives of the victims.
But in the case of a scratch, which is considered a very minor accident, the driver must:
Take a photo or video recording | To capture the location of cars and their damage, and then clear the roadway if standing cars create an obstacle to traffic |
Call the traffic police | To draw up a protocol and find out who is at fault in the situation |
If the driver is there | You can invite him to fill out a European protocol, but only if he is also insured and his policy is valid |
The arriving police need to be told | What happened, present possible recordings from the DVR and check the protocol with the diagram, which are drawn up in any case |
The culprit is present
If the culprit is at the scene of the accident, then it is necessary to offer to issue him a European protocol, but it is only possible if:
In an accident | No more than two cars can participate |
Injured | Moreover, there are no dead people |
Damage to the car | Applied for no more than 50 thousand rubles |
Things | Those who were lying in the car also received damage of no more than 25 thousand rubles |
Motorists agree with the definition of the culprit | Can draw an exact diagram of the incident and describe the details |
Both drivers have valid insurance | — |
The European protocol provides for filling out parts of the notice, sketching a diagram and selecting certain circumstances, as well as accurately identifying the culprit.
If such a protocol is not possible, then the police are called, who also draw up a protocol, interview participants and eyewitnesses, and at the end render a verdict of guilt, which is indicated in the documents.
Hid (left)
It often happens that even in a paid parking lot, a car is scratched, and it is not clear what to do, but the culprit has already disappeared, not wanting to bear responsibility.
First of all, the driver must determine for himself whether the damage was intentional or caused by another vehicle.
Usually scratches are made on the sides or back, and they are quite thick in the case of a car and thin if we are talking about scratching with keys or a knife. When the driver is sure that the damage is the result of an accident, he calls the police.
The arriving police officers will document the incident, but since there is no second participant, the case will be transferred to the search department.
To do this, the victim must write a search statement, indicating all the reasons for this and supporting it with a protocol.
For features of multi-level parking in Moscow, see the article: multi-level parking. Where to send a photo of a parking violation on the lawn, read here.
The search department is trying to find the driver using eyewitnesses or video recordings, but after three months the case will be closed, even if the culprit is not found.
The traffic police doesn’t really like to document minor accidents, so you can’t talk about the insignificance of damage or the absence of claims, and you should also check the information specified by the police in the report.
This ensures that regulations are followed and that the application is submitted correctly.
The passenger hit the door of a car parked nearby
There are often situations when a passenger, opening a car door, does not calculate the force or its dimensions and scratches a nearby car.
Of course, this is not considered an accident, since the cars were not in motion, but the damage was still caused, albeit in the form of a scratch.
Of course, the driver has the right to leave, but if there is video recording in the parking lot and the victim wants to compensate for the damage, then the culprit will be found. After all, this is already hooliganism and damage to property, so responsibility still comes.
In this case, a conscientious driver should wait for the owner of the damaged car and find out if he has a claim.
If they exist, then the regular police are called and the damage is documented, the case is subsequently heard in court, and usually the victim receives compensation from the insurance company or the at-fault driver.
Involuntarily scratched both your vehicle and someone else’s
The involuntary nature of the damage does not relieve a person from responsibility, so decisions must be made as in a normal situation.
You should wait for the driver, explain the situation to him and, if necessary, call the police, and which one depends on whether the cars were moving or standing still.
There are no special documents provided in case of involuntary damage; the only thing that can be presented is a video recording of the collision, which will prove that the driver did not violate the rules and caused the situation through negligence.
The testimony of witnesses who can confirm that the car did not cut off another and complied with the speed limit may also be useful, but they must be disinterested in the outcome of the case and agree to be included in the protocol.
Thus, compensation will be paid, and the culprit will be clear before the law, because leaving the scene of an accident is punishable by law.
Insurance payments
In case of a scratch, you need to contact the insurance company, but before that you need to call the traffic police and not try to fix the damage.
After all, many people begin to paint over the damage they received or polish them. This must not be done under any circumstances, since payment from the insurance company will only occur upon the presence of violations documented by the inspector.
Also, in no case should you chase down the person responsible for the damage; in addition to the fact that this can be dangerous, the inspector will also not draw up a report, since this will no longer happen at the scene of the accident.
Video: what to do if you find a car damaged by someone else’s negligence
According to OSAGO
According to compulsory motor liability insurance, damages for which the driver was to blame are compensated only to the victim, so the culprit should not hope for compensation.
If the scratch was discovered after departure, then the insurance will most likely not pay, since the driver must inspect his car before driving.
Also, if the victim left the scene of the accident, then the police will not open a case, but when the driver did not notice the scratch immediately and the car did not move, then the officers must draw up a report and start looking for the culprit.
Registration of an accident in a parking lot in 2019
A parking lot accident is a type of accident that involves damage to a vehicle in a parking lot.
Situations can be different - damage to the body by a special barrier, a collision with another car when reversing, hitting the body of a neighboring car when opening the doors, and so on.
Such cases are common, but finding the guilty party is often difficult due to ignorance of traffic rules and a number of legislative norms.
Normative base
An accident is a road traffic accident in which a vehicle collides with another vehicle, or a stationary object is hit. All specialists in this field, from auto lawyers, lawyers, accident experts and ending with insurers, interpret this legislative norm in practice in the same way.
The interpretation looks like this: any collision caused by one or more vehicles that occurs both on the territory of a highway and on the adjacent road infrastructure, which includes parking, can be classified as an accident.
Who is to blame in an accident in a parking lot?
Most parking lot accidents happen when trying to back out of a parking spot. Approximately 80% of them occur when one of the participants in the incident is moving backwards. Traffic rules require you to make sure that the maneuver is safe before you start driving.
When both participants in an accident were moving during a collision, the one who at that moment just started moving and drove without making sure that his maneuver was safe is to blame.
If one of the cars was standing at the time of the accident, then the one who was moving at that moment will be to blame. This also applies to cases of collision with an illegally parked car. While driving, the driver is obliged to monitor the road situation and take all measures to avoid accidents.
Common causes of collisions in parking lots
Everything that happens in our lives has certain causes and consequences. As for the first, parking accidents, provoking factors may be:
- modification of some vehicles;
- urbanization, change of infrastructure schemes;
- a large concentration of cars, their heavy traffic near the parking area;
- organizing a parking space not according to the standards established by the traffic police;
- vehicle malfunction.
When driving in reverse
More than 90% of all accidents in parking lots occur due to the driver’s inability to control the vehicle when reversing.
Parking using reverse gear is taught in driving schools. This exercise is called “parallel parking,” but not everyone who has received a license is sufficiently proficient in this skill.
With barrier
If the parking area is equipped with a barrier, then this implies that you must first pay a certain amount of money, which is the parking fee. Only after this the barrier will open and you will be able to drive your car.
If a person causes an accident in a parking lot with a barrier, then the reasons may be the following:
- The driver does not want to pay for parking services.
- The driver made a mistake while driving the car.
- The driver deliberately violated the rules.
- The driver was distracted by minor circumstances when paying using the terminal.
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Kick the door
According to the Rules of the Road, “Road accident” is an event that occurred during the movement of a vehicle 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.”
If both vehicles were stationary, then hitting the door will not constitute a traffic accident. In this case, it is necessary to call local police officers to the scene of the incident.
Using the automatic parking system
Modern cars that are equipped with an automatic parking system are not yet reliable enough to trust a computer with parking.
But the electronics may malfunction, and the sensors may not see the obstacle, after which an accident occurs.
What to do in case of an accident in a parking lot
Now let’s figure out what to do in case of an accident in a parking lot. In principle, the algorithm of actions is given in the traffic rules.
In general, you need:
- Stop, turn off the engine, put the car on the handbrake and turn on the emergency lights.
- Call an ambulance and provide assistance to the victims.
- Get out and put up a warning triangle.
- Call the traffic police, call the insurance company.
- Determine whether there is video surveillance in the parking lot, look for eyewitnesses, record damage and the location of other objects and vehicles.
- Write a statement and draw up a protocol.
Registration of an accident step by step
There are only two ways to report an accident:
- Independent (Euro protocol) – used:
- only 2 or fewer drivers were involved in the collision;
- the parties to the accident have no disagreement regarding guilt and the amount of damage;
- both cars were insured (MTPL was valid at the time of the incident);
- the amount of damage does not exceed 50 thousand rubles .
- Call the traffic police. When calling the road service, the driver must:
- independently film the accident scene from all angles;
- remove the vehicle from the roadway so as not to interfere with the movement of other vehicles (if necessary).
Called traffic police officers are required to:
- Draw up a diagram of the accident.
- Identify the guilty party.
- Completely inspect both cars and determine the extent of damage (describe everything in detail).
- View video recordings and interview all witnesses (if any).
- Draw up a protocol that describes all the important points of the accident.
Insurance compensation is issued on the basis of the traffic police protocol or the European protocol. They are considered equivalent documents.
Fine
For most traffic violations, including in the parking area, a fine is provided. Its size depends on the nature of the accident. In the event of a collision as a result of driving in reverse, the fact is taken into account whether the motorist violated the rules for performing the maneuver.
If the rules of maneuvering were violated, then the culprit of the accident must bear administrative responsibility and must pay a fine.
Is it necessary to display a warning triangle?
Since the incident occurs in a parking lot, drivers often do not install a warning triangle because cars are moving at low speeds in the area. However, the legislation clearly states that if there is an official accident, then a warning triangle must be displayed without fail, regardless of the location of the incident.
In the parking lot, this sign is installed at a distance of 15 m from the car.
European protocol for an accident in a parking lot
It should be noted that under the current compulsory motor insurance policy, if an accident occurred with the participation of no more than two persons, you can receive compensation even without involving the traffic police. If the drivers were able to agree among themselves regarding the amount of damage and other fundamental points, then they can draw up a Europrotocol.
This is a simplified documentation scheme, in which you will definitely need to draw up an accident diagram yourself.
Until the new rules came into effect, there were only 50,000.
Conditions under which the Europrotocol can be used:
- No more than 2 parties are involved in the incident.
- Only material damage occurs.
- There were no negative effects on the health of all participants.
- No deaths.
- The amount of damage does not exceed 100,000 rubles.
- Both participants have insurance.
- Traffic participants have a recording from a video recorder or a specialized program.
Leaving the scene of an accident in a parking lot
In the first minutes after the accident, being under stress, some motorists try to hide, glimmering in the hope that no one saw them.
Important information
Accidents that cause minor damage, such as scratches, are not uncommon in yards or parking lots, where speeds are low and the traffic is too heavy to keep track of everything around.
First of all, the motorist who got out and saw damage to his car needs to find out whether the person responsible for the incident is at the scene or has fled.
The culprit, in turn, needs to wait for the driver, having first called the traffic police.
But if drivers are involved in a minor accident while driving, then you can try to solve the problem by filling out a European protocol, which is issued to everyone by the insurance company and serves to document non-serious damage.
Required terms
To understand what needs to be done and who to call to file even minor problems, you should first study the basic conceptual set that operates in the field and can be useful in communicating with a driver or police officers.
Term | Meaning |
Road accident | An event that occurred during the movement of a vehicle and directly with its participation, which led to damage to other vehicles, injury or death of people, as well as other material damage |
Europrotocol | A special paper that is issued to the driver who has taken out insurance for the quick recording of non-serious road accidents that did not lead to injuries to people, severe damage to cars and at the same time they involve no more than two cars, the drivers of which agree with the circumstances of the incident and the distribution of roles the perpetrator and the victim |
Insurance | The relationship between the client of the insurance company and the company itself, which protects the property interests of both individuals and legal entities if certain events occur, which are called insured events. Reimbursement of funds is made from the insurance fund, which is created from money regularly contributed by clients to the company |
Its purpose
Parking lots are designed to allow convenient and safe storage of a car during a short or long-term absence of the driver on business.
Despite this, parking lots often become sites of accidents, since visibility is greatly limited due to parked cars, and some motorists do not comply with the speed limits specified in the Road Traffic Regulations and, as a result, crash into other cars.
What regulations governs
A person’s behavior during an accident, if he is a participant, is regulated by law at a sufficient level.
The Rules of the Road contain information about what a driver needs to do in the event of an accident in order to avoid liability before the law and at the same time ensure the safety of both himself and those around him.
If these requirements are not met, the driver will receive punishment in accordance with the norms of the Code of Administrative Offenses, Article 12.27 of which states what will happen if he flees the scene of the accident or does not provide assistance to the victims.
Hitting the door in the parking lot. How to compensate for damage and prove guilt?
Your car was damaged in a parking lot, and the person causing the damage fled the scene - how to compensate for the damage and prove guilt? My future client approached me with this question for legal assistance, which will be discussed in this article.
Case plot:
On one of the winter evenings, my future trustee (let's call him Alexander) was at home, at that moment a call was received on his phone number notifying that the shock sensor installed in his car (Honda) had triggered, indicating that that the car was damaged.
Immediately, Alexander looked out the window and saw another Toyota car standing next to his car on the driver’s side with the driver’s door open. Then the driver of the Toyota car slammed his door, quickly reversed and parked nearby in another place.
Alexander went out into the courtyard of the house, after which he discovered that the driver's door of his car had damage at the bottom. After that, Alexander approached the Toyota car, examined it and realized that the damage to his car was caused as a result of opening the driver's door of this car.
Alexander called the police and recorded the fact of damage to his car, and with the help of police officers identified the driver of the Toyota car.
The Toyota driver denied the fact of causing damage, but did not dispute that he parked next to the car belonging to Alexander, but since there was not enough space (side space) for him to get out of the car, he parked in another place.
Police officers inspected the scene of the incident, after which a decision was successfully issued to refuse to initiate a criminal case, which, in fact, was to be expected.
Preparation of evidence base and consideration of the case:
Alexander decided to compensate for the damage caused, and it was significant, by the way, at the expense of the person causing the damage – the driver of the Toyota car. The only difficulty was that the driver denied the fact of causing damage, and there was no direct evidence of this.
In preparation for the subsequent appeal to the court, recordings from CCTV cameras were obtained, from which it follows that a Toyota car parks on the driver's side of a Honda car, turns off the headlights, and then the Honda car alarm goes off, as evidenced by the flashing of emergency lights.
After which the Toyota car turns on the headlights and abruptly starts moving in reverse, re-parking to another place. The camera was installed quite far from the incident, and the quality of the recording was not very good; the impact itself was not visible on it.
In this regard, one video recording was clearly not enough to support their position.
To add evidentiary force to this video, details of calls from a telephone number belonging to Alexander were attached, according to which at the time of the events in question, his phone received a notification call that the shock sensor installed on the car had tripped.
An instruction manual for the alarm system and an order for its installation were also attached, from which it followed that the Honda car was equipped with an alarm system with auto start and feedback.
According to the alarm operating manual, it follows that if security zones are violated, the system will immediately notify the owner by all available means: send an alarm notification to the pager key fob, call or send a text message to the owner.
In the event of an impact on the vehicle's security zone, the warning level of the sensor is triggered.
Thus, these documents confirmed that the appropriate alarm system was installed on Alexander’s car, and based on the content of the video recording, the description of the signals that arise when the impact sensors are triggered, it followed that one light signal captured in the video recording was triggered as a result of a blow to the car.
Also used as evidence was the protocol of the oral acceptance of a statement of crime, during which Alexander, having been warned of criminal liability for a knowingly false denunciation, indicated the circumstances in which damage to his property was caused, as well as a resolution to refuse to initiate a criminal case, from which it followed that the driver of the Toyota car did not deny the fact that he parked his car near Alexander’s car, but his car was parked so close to Alexander’s car that the latter could not get out of it.
To consolidate the position on my petition in the case, a forensic traceological examination was ordered, posing the question: Is it possible that damage to the driver's door of a Honda car could occur as a result of opening the front or rear door of a Toyota car, under the circumstances set out in the materials of the civil case?
According to the expert's conclusion, during the study, a set of signs was established that allows us to conclude that damage to the driver's door (front left) of a Honda car as a result of opening the front door of a Toyota car under the circumstances set out in the materials of the civil case is possible.
Summary of the case:
Taking into account the totality of the evidence presented, the court made a decision to satisfy the stated claims for damages, as well as to recover the legal costs incurred.
The author of the article is lawyer Mikhail Vladimirovich Spiridonov
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I hit my car with a door in the parking lot, what should I do?
In modern society, almost every person has his own personal car. Moreover, sometimes one family has several vehicles at once. Of course, the layout of most cities was not designed for such a number of cars, so motorists are constantly faced with problems parking their cars and moving along narrow streets.
Unfortunately, every motorist who parks their car in yards sooner or later has to deal with such phenomena as scratches and dents on the car. Such damage is caused to the car by other motorists who were unable to make a safe turn or exit the yard.
As a rule, the culprit of such an accident is in no hurry to admit his mistake and is in a hurry to leave the scene of the accident. In this situation, the owner of the vehicle needs to act competently and quickly in order to bring the culprit to justice.
Small traffic accidents that occur in yards every day can be divided into two categories:
- Accidents in which the perpetrators are in a hurry to escape from the scene.
- Road accidents in which motorists try to find the owner of the damaged car and wait for him at the scene of the collision.
In some cases, a motorist may not even know that he caused an accident until he is called to the traffic police. For example, this can happen in cases where the collision was not severe, and the driver simply did not notice it (the music was turned on loudly in the cabin or the driver was distracted by a conversation with a passenger).
However, there are also respectable drivers who try to find the injured owner or wait for him at the scene of the collision. In this case, the parties can peacefully resolve the current situation.
A car owner who discovers chips, scratches, dents or other damage on his car must act as follows:
- First of all, you need to find out whether the person at fault has a compulsory motor liability insurance policy. If you have this document, the insurance company will pay compensation. If the driver does not have this document, the motorist himself will have to compensate for the damage caused. In cases where the culprit refuses to pay the funds voluntarily, they can be claimed through the court.
- If the vehicle suffered minor damage and there were no casualties in the accident, the participants in the accident can file it themselves. According to the law, registration of an accident according to the European protocol is allowed if: two vehicles were involved in the accident, there were no injuries, the amount of compensation for repairs does not exceed 50 thousand rubles, both parties have valid MTPL policies.
- If the parties were unable to reach an agreement peacefully, it is necessary to call traffic police officers to the scene of the traffic accident. However, you have to wait several hours for inspectors to arrive.
- While waiting for the traffic police officers to arrive, it is necessary to record the details of the person responsible for the incident: his full name, contact details, insurance policy number. It is better to capture the license plate of his vehicle with a camera. It is also necessary to take photographs of any damage caused to the victim's vehicle. In the future, this may result in receiving an insurance payment from the insurer.
Contacting the insurance company
If at least one of the participants in the traffic accident has a CASCO policy, you will need to call the traffic police in any case. According to insurance rules, receiving payment under such a policy is possible only if you have documents about the accident from inspectors.
Regardless of the insurance policy, the parties must notify their insurance companies about the accident. If the insurance claim is filed correctly, the motorist can be confident of receiving the insurance necessary to repair the damaged vehicle.
After receiving the accident report from the traffic police inspector, the owner must submit it along with other documents to the insurance company. This must be done within 5 days from the date of receipt of the accident papers. An application for insurance payment must be supported by the following documents:
- An accident notification form completed by both parties to the accident.
- Application requesting payment of insurance.
- Photo or video confirmation of damage to the car, the place where the traffic accident occurred.
If both parties to the accident have a compulsory motor third party liability insurance policy, as a rule, a representative of the insurer comes to the scene of the accident to independently record the fact of the collision and the damage caused to the vehicle. After checking all the documents, the victim receives funds that can be spent on repairing the damaged vehicle.
They dented the car and disappeared: what to do if you have a CASCO policy
Conscientious drivers who remain at the scene of an accident and wait for the owner of the damaged vehicle to appear and for the arrival of traffic police officers are rare. As a rule, the culprit of an accident tries to escape from the scene of the accident as quickly as possible so as not to be held accountable.
A car owner who discovers scratches and dents on his car can act in different ways. Of course, the easiest option is to ignore this damage and go about your business.
This is especially true for owners whose cars already have a sufficient number of small dents.
But even in this case, it is best to call traffic police officers to the scene of the accident and write a statement.
If a traffic accident occurred on a driveway inside a courtyard or in an adjacent parking lot, a local police officer must be called to the scene of the accident. In all other cases, you can contact the traffic police.
Despite contacting the authorized body and filing a statement, a positive result in finding the culprit is only possible thanks to the actions of the injured motorist.
Therefore, it is better to start taking active steps while waiting for the police to arrive.
First of all, it is necessary to inspect the scene of the accident for recording cameras or look for witnesses to the incident.
- If there are surveillance cameras installed at the entrance to the yard, at the house or at nearby shops, you can turn to the owners for help. Perhaps the shooting angle made it possible to capture exactly who abused the vehicle in such a way.
- Neighboring cars may have a DVR installed. In this case, it is better to wait until the owners of such cars leave the house and talk to them about obtaining the records.
- Another option to find the culprit is to ask around at nearby car washes and service stations to see who has recently applied for car painting services.
- Another way is to carefully inspect the damaged vehicle. Traces of paint from the person responsible for the accident may remain on the car. In addition, the make of the car can be determined by the height and nature of the dents. However, only an expert can cope with this difficult task.
Is an accident caused by hitting a door in a parking lot - Auto Lawyer Online
Accident in a parking lot: who is to blame, how to act, in what cases a European protocol is drawn up, features and nuances of the accident
A dangerous situation on the road can arise for any driver, regardless of his experience and driving accuracy.
There are also frequent cases of traffic accidents in parking lots. But if in the event of an accident on the road, motorists know what to do, then in the event of an incident in the parking lot, many are lost and act incorrectly, making mistakes.
In this article we will analyze in detail an accident in a parking lot: who is to blame, how to act and where to contact the victim.
Accident in a parking lot: who is to blame, is such an incident considered an accident?
The very concept of an accident is interpreted as follows: it is a collision of a car with another vehicle or a collision of a vehicle with any permanently installed object.
An accident can occur not only on the road itself, but also in a parking lot or any other road infrastructure facility. This interpretation is generally accepted in all areas: jurisprudence, emergency assessment, insurance.
At the same time, it is important to understand that such a small-scale event, such as a slight blow to the side of a nearby car by a door, cannot be considered an accident. When classifying an accident, the force of the impact, the amount of damage and other factors are taken into account.
In these cases, one should be guided by the provisions of the Civil Code of the Russian Federation, without taking into account the law “On Compulsory Motor Liability Insurance”, which considers more serious cases as insurance.
Actions during an accident
When an accident occurs in a parking lot, not all motorists know what to do.
Emergency situations on the roadway and in the parking lot have some distinctive features, so you need to act in this way:
- First, calm down and don't panic.
- If one of the vehicles involved in the accident continues to move, it must stop, otherwise it may worsen the situation and cause additional damage to other vehicles or stationary objects.
- Set up a warning triangle and turn on your hazard lights. This is stated in the traffic rules and is necessary to warn other motorists about the danger.
- If a person is injured, call an ambulance and provide him with first aid using available means or a first aid kit.
- Call the patrol service.
A neighbor crushed my car door with his car door. How to compensate for damage?
If a pedestrian is inflicted with some, even minor, injuries, then under no circumstances give in to panic and do not leave the scene of the incident, even if you are sure that it is not your fault.
If you successfully detect the car and license plate of the offender, the chance of receiving monetary compensation increases many times over. In this case, take photographs and videotapes of damage, take copies of them to the IAZ traffic police inspector who is in charge of your case, and hand them over to him.
Nobody has insurance. What should I do? After all, I was convinced that no one was there, but it turns out that I am guilty under clause 12.7 of the Traffic Rules?
In modern society, almost every person has his own personal car. Moreover, sometimes one family has several vehicles at once. Of course, the layout of most cities was not designed for such a number of cars, so motorists are constantly faced with problems parking their cars and moving along narrow streets.
Is hitting a door in a parking lot an accident?
Accident in a parking lot: who is to blame, how to act, in what cases a European protocol is drawn up, features and nuances of the accident
A dangerous situation on the road can arise for any driver, regardless of his experience and driving accuracy.
There are also frequent cases of traffic accidents in parking lots. But if in the event of an accident on the road, motorists know what to do, then in the event of an incident in the parking lot, many are lost and act incorrectly, making mistakes.
In this article we will analyze in detail an accident in a parking lot: who is to blame, how to act and where to contact the victim.
Is it worth calling the DPS if your car is scratched by a door?
If the damage caused to the car is minor, and both drivers agree to resolve the issue on the spot, then you really shouldn’t call the traffic police. Firstly, waiting for them will take you a lot of time, and secondly, much more time and nerves will have to be spent during the administrative proceedings.
But in the case when the car was damaged while in the parking lot and the second car also did not move (the driver opened the door and hit a neighboring car), the traffic police inspector will not come to you, because such an incident does not apply to road traffic. In this case, the damage will be recorded by the local police department, so you need to contact them there.
What to do if your car is scratched in the yard?
What to do if you hit a car in a parking lot and drive away, read here.
In which case you can leave the scene of an accident, read the link:
What to do if you hit a car, didn’t notice and drove away
This is perhaps the worst case scenario. It’s clear that if the scratch is very small, you can prove that you didn’t notice the incident. However, in most cases this cannot be proven. If you hit a car in the yard and didn’t notice and drove off, it’s better to return as soon as possible. We can only hope that the victim has not yet called the traffic police. Or at least they didn't get there in time. It is always better to resolve everything peacefully without leaving the scene of the accident.
If you hit a car and fled, you face punishment. In addition to the fact that if you are discovered (testimonies of passing witnesses, recordings from video cameras can help with this), you will have to pay financial damages for repairs, and you will also have problems with the police. What liability does the person who leaves the scene of a traffic accident face?
- Deprivation of the right to drive for a period of 6 months to one and a half years.
- Imprisonment for no more than 15 days.
It is unlikely that you will like any of these punishments. And even if the court offers to make such a choice, most likely it will be very difficult to make. Obviously, if you hit a car in the yard and drove away, the best thing is to return as soon as possible. You may be able to prove that you did not intend to leave the scene of the accident.
Is an accident in a parking lot considered a traffic accident?
It is important for the owner of a car damaged in a parking lot to find the culprit in order to compensate for the repairs. But to do this, you need to know whether an accident in a parking lot is an accident.
Clause 1.2 of the Traffic Regulations and the law on compulsory motor liability insurance provide the same definition of a road traffic accident. This is an event involving a vehicle while driving on the road, which resulted in damage to the vehicle, structures, other material damage, and people were killed or injured. At least one vehicle must be moving, and on the road.
If traffic can still be dealt with somehow, then does parking belong to the roadway? No, this is an adjacent territory, but traffic here is regulated by the same rules.
Thus, parking violations are punished in the same way as on a public road.
Read about what you need to know about car accidents.
What to do if you hit a person with a car
If you just hit a car and disappeared, that’s one question, but if the accident involved a person whose life and health were at risk, everything is much more serious.
If the pedestrian was slightly hit, so that there were no bruises, the person did not fall, and even the clothes were not dirty, then, in most cases, the situation is easy to solve. Adequate pedestrians are unlikely to present anything. However, it would be reasonable for the driver to discuss this and, if there are no complaints, take a receipt. But, humanly speaking, the driver should show at least some attention, for example, offer to take the victim wherever he says.
However, if the damage is still serious. In the best case scenario, what if a person falls and is bruised? As then?
What to do if the culprit of an accident fled the scene of the accident? Find out what to do if your car was scratched in the parking lot here.
How to file a traffic accident, read the link:
Under no circumstances leave the scene of the accident. There will definitely be witnesses who saw all this, someone wrote down the numbers, and the victim will go to the hospital and have their injuries treated. Then you will have a lot of problems.
If the victim writes a statement against you, then in addition to a fine and payment for treatment, you will also have to walk. As a rule, this is considered a serious violation of traffic rules, which is punishable by fines, and in some cases even trial.
Be extremely careful on the roads! Act only in accordance with the law. Any violations, including those caused by human factors, are usually specified in the rules. This means that it is better to simply suffer a well-deserved punishment than to increase your guilt by hiding from justice.