When is a parking accident an accident in 2021?

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There are often cases when drivers hit other cars when parking or driving in the yard. Such an incident is considered an accident (according to paragraph 1.2 of the traffic rules). Some drivers decide in such situations to simply leave the scene of the accident, wanting to avoid consequences. Punishment is provided for such actions, as this is considered unauthorized leaving the scene of an accident. Next, we will consider in detail how to act in the event of an accident in the yard, and whether it is possible to do without calling the traffic police.

Instructions for action in case of an accident in the yard

If you are involved in an accident in the yard, you must follow the following algorithm:

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.

1. Stop and put the car in neutral (or handbrake).
2. Turn on emergency mode and, according to traffic regulations, install an emergency sign 15 meters from the accident. If you do not do this, regardless of who is guilty of what happened, you will be fined 1000 rubles.
3. Under no circumstances should you change the position of vehicles or other parts of an accident (for example, fallen off car parts). Everything should remain in its place until traffic police officers (or emergency commissioners) take photographs of the scene of the incident, the results of which will subsequently be attached to the case file.
4. If there are victims in an accident in the yard, you must immediately call an ambulance.
5. Next, traffic inspectors are called. This may not be done if the amount of damage is no more than 50 thousand rubles and it was possible to reach an agreement with the second participant in the accident.
6. If possible, take your own photographs and videos of the scene of the incident. The photographs must show the registration numbers of both participants in the accident in the yard, a panorama of the place and all existing damage.
7. Next, an accident diagram is drawn up. It must be agreed upon by both parties to the accident (signatures of each are required).
8. If possible, find witnesses to the accident. If they refuse to wait with you for the arrival of traffic inspectors, you can take their phone numbers in order to later invite them to court to testify.
9. The final stage of registering an accident in the yard: contacting traffic police officers at the regional traffic police telephone number or 02 (112; 020) . If the damage is minor and the drivers managed to reach an agreement among themselves, a Euro protocol can be issued. Otherwise, or if there are victims, traffic police officers are called to the scene of the accident.

IMPORTANT
Never leave the scene of the incident in the yard.
Regardless of whether you are the culprit or not, there is a severe penalty for such an action (deprivation of rights or arrest, depending on the severity of the consequences).

If the culprit escaped

When the culprit disappeared, he will be put on the wanted list. It is not recommended to search on your own, because this is what the police and traffic police are for. However, you can try to collect eyewitness accounts and surveillance camera footage yourself. Before the traffic police arrive, it is necessary to inspect the scene of the incident, look for tread prints, fragments of headlights, marks of someone else's paint on your car, and any other traces that will help establish the make, model of the car and, accordingly, the identity of the escapee.

You will have to write a statement to the police to find the culprit. But in general, leaving the scene of an incident is prohibited, except in cases of forced or extreme necessity.

In what situations is it necessary to call the traffic police?

Let's consider cases in which calling traffic police inspectors is mandatory, regardless of whether the participants in the accident in the yard agreed or not:

• There are 3 or more participants in the accident. In such cases, a detailed investigation is usually required, so the active participation of law enforcement officers is mandatory.
• As a result of a traffic accident in the yard, damage to human health was caused. This applies not only to drivers and passengers, but also to passing pedestrians or cyclists.
• At least one of the drivers does not have a compulsory motor liability insurance policy. Therefore, when registering an accident without calling the traffic police, be sure to make sure that the second participant has it and is not expired.
• The total amount of damage exceeds 50 thousand rubles. For drivers from Moscow (or Moscow Region) and St. Petersburg (and Leningrad Region), this threshold has been increased to 400,000 rubles.
• Disagreements have arisen between the participants in the accident, and it is not possible to “mutually” determine the culprit. If each driver shifts the blame for the accident onto the other, the intervention of traffic police officers is necessary. After studying the case materials, they will independently determine the culprit.

Attention
If at least one of the above factors of an accident in the yard occurs, calling the patrol service is mandatory.

From the point of view of the law: is it an accident or not?

A traffic accident is a collision between two vehicles or a collision with an immovable object. The provision on classifying an accident as an accident is regulated by the Civil Code of the Russian Federation (clause 1.2 of the Traffic Regulations).

A collision in a parking lot may be considered a traffic accident after the cause of the impact and the extent of the damage are determined. Accidents include:

• hitting a pedestrian;
• collision of two or more cars;
• collision of a car with a static object.

If damage has not been proven, then the case cannot be considered an accident.

Traffic accidents do not include a collision between a car and a stationary vehicle whose engine has been turned off. Also, an accident is not considered to be damage caused by a driver to someone else’s vehicle.

Is an accident in a parking lot an insured event?

Whether a case is considered insurable depends not only on the extent of the damage and the position of the vehicles, but also on the type of insurance policy.
Insurance companies undertake to pay compensation to the injured party in an accident, unless the culprit’s compulsory motor liability insurance contract is expired. Decree No. 131 states that the location of the accident does not matter. This act has been in force since 2008. Conditions for compensation for damages under compulsory motor liability insurance:

1. The damage must have been caused by the vehicle. If the driver personally damages someone else's car, the insurance company is not responsible for it.
2. There must be at least two people involved in the incident. If the collision was committed on the property of the parking lot, the owner is the victim.
3. Evidence of the guilt of the participant in the accident is recorded using cameras and testimonies of passers-by.

If the culprit has not taken out an insurance policy, then the victim has the right to compensation from his insurance company. The company, in turn, returns these funds through the Russian Union of Insurers.

In cases where the damage was caused personally by the driver, the victim may receive payments under the CASCO policy. Many companies include in the contract a clause regarding damage to the car due to the actions of third parties.

Features of registration according to the Europrotocol

In most cases, accidents in the yard are characterized by minor damage and no injuries, due to the low speed of vehicles. In such situations, you can save a lot of time and do without calling the traffic police. For such cases, the Europrotocol is provided.

If an accident in the yard is registered according to the Europrotocol, then the maximum amount of compensation is 100 thousand rubles (in the absence of disagreements and registration of the Europrotocol using the mobile application “Accident.Europrotocol”, the maximum amount increases to 400 thousand). Preliminary actions when registering an accident using this method are identical to the algorithms described above: make sure that there are no casualties, negotiate with the second driver and take pictures of the scene of the accident.

Having convinced yourself that registration is possible without the participation of traffic police officers, you need to proceed to filling out the Europrotocol. The document consists of two sides - front and back. Let's consider each point in detail. Front side:

1. The scene of the accident. It is necessary to indicate in detail the locality in which the incident occurred (region, district, etc.), street and house. ъ
2. Date of the accident. The exact time of collision in the yard (not filling) is indicated.
3. Number of vehicles. The number 2 is entered here (there cannot be a different number of cars, since if there are 3 or more vehicles, registration according to the Europrotocol is no longer possible).
4. Number of wounded. We don’t indicate anything here, we leave dashes.
5. Medical examination. We put "no".
6. Damage caused by another vehicle. We also put a dash.
7. Witnesses. Their full name and contact details are indicated here.
8. Registration by traffic inspectors. We put "no".
9. Information about vehicles and their owners. The full names of the drivers and data from the STS are indicated here.
10. Insurer. This paragraph indicates the insurance companies of each of the participants in the accident. Below are data from MTPL policies.
11. Collision site. It is indicated by an arrow in the diagram.
12. List of damages. A list of vehicle parts that were damaged is provided. It is also necessary to characterize the nature of the damage (scratches, dents, etc.).
13. Road accident diagram. An example of a map of an accident.

14. Signatures of the parties.

Now let's look at the nuances of filling out the back side of the document:

1. TS. here the cars are assigned the letter A and B.
2. Circumstances of the accident. This section briefly describes the nature of the incident, indicating the date and location.
3. The vehicle was under control. It is indicated who exactly was driving each of the cars (owner or not).
4. In paragraphs 4-5 there is a dash.
5. Can vehicles move?
6. Note. Information about the availability of photo or video materials is usually recorded in this section.

For your information,
the completed European Protocol in case of an accident in the yard must be sent to the insurance company within 5 days. In some cases, the insurer may require you to provide a vehicle for the purpose of inspection.

General concepts

Violation of parking rules, driver inattention, and the presence of obstacles are the main causes of parking accidents. Let's talk about what situations happen most often?

We will also consider the causes and types of collisions near shopping and business centers.

Clause 1.2 of the Traffic Regulations defines that an accident is considered to be a collision of several vehicles on a section of the roadway or in a roadside area. Accident in a parking lot - accident or not, a separate article will be devoted to this issue.

The Europrotocol is a legal opportunity to register incidents without the participation of the traffic police. Using such a simplified scheme, car owners retain the opportunity to claim insurance compensation if necessary. By moving their vehicles off the roadway faster, they help prevent other collisions.

Note!

The European protocol is not suitable for all incidents; in some cases it will not be possible to do without the participation of inspectors.

How is the culprit of an incident determined?

Yard accidents are often characterized by difficulty in identifying the culprit. In such situations, it is necessary to follow the traffic rules for the surrounding area.

• When leaving the adjacent territory, the driver is obliged to give way to all traffic participants (including pedestrians).
• Pass-through through the yard is prohibited.
• You can move in the residential sector at a speed of no more than 20 km/h.
• Pedestrians moving along the roadway in the yard have priority over cars.

Attention
Pedestrians are not allowed to interfere with vehicles.

• Driving instruction is prohibited in the surrounding area.

Otherwise, movement in the yard is regulated by general principles (yielding according to the principle of “obstruction on the right”, speeding is prohibited, etc.). Based on the rules presented above, let's look at a few examples of accidents in the yard:

1. Car “A” drove into the yard, car “B” left it. Both drivers decided not to give way, which led to the collision. The driver of car “B” is to blame, since when leaving the adjacent territory, he was obliged to give way to everyone.
2. Car "A" was moving at a speed of 35 km/h, car "B" was moving at a speed of 15 km/h. They collided due to lack of space. Regardless of the location of the vehicles, the culprit will be the driver of car “A”, since he was speeding.
3. The driver of the vehicle, leaving the yard parking lot, hit a cyclist. The driver is to blame, since pedestrians and cyclists have priority in courtyards.

Causes of collisions in parking lots

There can be many reasons for car damage in a parking lot. But here we can highlight the most probable, objective circumstances under which the risk of collisions increases many times:

• reversing;
• the presence of barriers, fencing and other obstacles;
• limited area for maneuvering.

Now let's take a closer look.

When driving in reverse

Agree, driving in reverse is more difficult in any case. Parking sensors and even modern Park Assist systems do not provide a 100% guarantee against collisions. The features of rear-view mirrors do not always allow you to accurately estimate the distance to objects, especially in conditions of poor visibility and lighting. Unfortunately, everything still depends on the skill and attentiveness of the driver. Colliding with infrastructure objects or other vehicles leads to an accident.

When the barrier gets in the way

Today, parking lots are equipped with systems with payment terminals and automatic barriers. Before entering the parking lot, you must pay for parking. Such systems have operating features. As a rule, terminals do not give change, barriers rise with a delay. This creates conditions for collisions, especially if you are in a hurry or inattentive. In this case, we can also talk about an accident.

Limited area

The big problem with our parking lots is the lack of space. If the site is organized in violation of GOST requirements, narrow passages do not leave enough space for safe vehicle maneuvering. In such conditions, a collision is also considered an accident.

Kick the door

The marking of parking spaces must take into account the dimensions of the vehicle, including cargo vehicles. The distance between the open door and the adjacent vehicle must be such that an average-sized person can walk. Art. 12.7 Traffic regulations prohibit opening doors if this interferes with other traffic participants.

In other words, if the door is “slammed” on a passing car or, conversely, while driving a stationary one, this is an accident. If the door of a stationary car was inadvertently opened and it also touched a stationary neighboring car, this incident does not apply to road traffic accidents. If the door is opened by a passenger, he is the culprit.

The culprit disappeared - what to do?

What is worse than committing an accident in the yard is leaving the scene of the accident by the culprit, especially if there are victims. Let us omit the moral aspects of such a development of events and analyze what to do in such a situation. The main thing is to remain calm. After making sure that the culprit has really disappeared (some drivers may drive away from the scene of the accident in panic), you must proceed as follows:

1. Limit the location of the accident with a special sign (15 meters before the car).
2. Activate the emergency lights on your car.
3. If possible, take a photo of the culprit's car - the main thing is to capture his license plates. This will help you find it faster in the future to compensate for the damage caused.
4. Do not change the position of the car under any circumstances. If possible, photograph the scene of the accident and draw a diagram of the accident.
5. If possible, find eyewitnesses to the accident. Ideally, if you can take DVR recordings from cars passing by.
6. After this, you can call traffic inspectors, who will conduct an investigation on the spot to identify the culprit of the accident.

IMPORTANT
A driver who fled the scene of an accident in the yard, regardless of the circumstances of the case, will be held administratively liable.
According to Article 12.27 of the Code of Administrative Offenses of the Russian Federation, he is promised deprivation of rights for a period of 12 to 18 months, or arrest for 15 days. Also, regardless of the type of punishment, the vehicle of the driver who violated the law will be detained (according to Article 27.13 of the Code of Administrative Offenses of the Russian Federation).

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.).

Compensation for damage in an accident in the yard under compulsory motor liability insurance

If the driver has an MTPL policy, he can receive compensation if the following conditions are met:

• The accident occurred in the area adjacent to the road.
• There are only two participants in the accident.
• The culprit of the accident has been identified.

There will be no compensation under the MTPL policy if damage to the car was caused:

• According to the intent of the victim.
• As a result of a disaster.
• During military operations.
• As a result of popular unrest.

Accident when driving in reverse

The most common cause of accidents in parking zones is incorrect maneuvering when moving the car in reverse.

When doing this, pay attention to the following:

• Is your car an obstacle for other cars and does it pose a threat to drivers or pedestrians?
• Are there people nearby helping you or the driver of a neighboring car move in poor visibility conditions?
• Are you violating the rule prohibiting driving back into the pedestrian crossing area?

Usually the driver who was driving in reverse is considered to be at fault for the accident. It was he who was obliged to first ensure that his maneuver was safe and that there was no risk of interfering with other transport.

CASCO insurance event

Car owners who have taken out a voluntary CASCO insurance policy receive compensation in any case, regardless of the type of territory where the accident occurred and the number of victims, and even if he is the culprit.

Under CASCO, compensation is issued even in the absence of the culprit, for example, if he fled the scene of an accident in the yard or his identity could not be established. Hence the conclusion: having such a policy can protect you from almost any force majeure.

Questions and answers

Question:

Within what time frame can the culprit be brought to justice?
Answer:
St. 4.5 of the Code of Administrative Offenses determines that decisions on administrative offenses must be submitted 3 months in advance. It turns out that if during this period the identity of the guilty person is not established, otherwise there will be no compensation.

Question:

If there is a collision in a parking lot, am I entitled to compensation for the accident?
Answer:
Depends on the nature of the vehicle collision. Parking has recently become the responsibility of the insurance company, so it matters how the unpleasant situation occurred. You can receive compensation even if the culprit is hiding; your insurance company will pay for it.

Question:

If one car was standing still, the second one drove into it in the parking lot.
Will this be an accident under compulsory motor liability insurance? Answer:
A collision with an unstarted car, just like with a tree, or a pillar, will not be viewed as signs of an accident under compulsory motor liability insurance. In this case, there is more benefit from CASCO.

If the other person involved in the accident is a cyclist

Most road accidents involving cyclists are largely the fault of the car driver. Without going into the details of traffic rules, we can say that in case of an accident in the yard, the truth is almost always on the side of cyclists and pedestrians. This is due to the fact that the yard is considered a pedestrian area.

Let's consider the driver's action algorithm if he realized that he had hit a cyclist in the yard:

1. Provide first aid if possible. This should only be done if you have at least the slightest idea about medical care. Having a first aid kit will be very useful.
2. If necessary, call an ambulance.
3. Assess the damage caused to the cyclist during an accident in the yard. If possible, negotiate with the victim on payment of financial compensation. This is possible if the injuries are not too serious and the cyclist is ready for a settlement. This development of events relieves both participants in the accident from bureaucratic delays and unnecessary waste of time.

Attention:
If you have agreed with the victim of an accident in the yard to pay compensation, be sure to take a receipt from him in which he will confirm that he has no claims against you. Otherwise, after receiving the money, he may go to court, as a result of which you will once again be forced to pay monetary compensation and other sanctions will be applied (deprivation of rights, arrest, etc., depending on the consequences).

Traffic inspectors must be called in the following cases:

• In your opinion, the cyclist is to blame for the accident.
• The injured cyclist did not agree to pay financial compensation “on the spot” or refused to sign a receipt.
• The cyclist exaggerates the damage caused to him and demands payment of compensation that is not objective in size.

If it was not possible to come to an agreement with the second participant in the accident and you had to resort to the help of traffic inspectors, you must act on the same principle as in the case of an accident with a car.

Is a traffic accident in the adjacent territory an insured event?

After the 2021 changes to the MTPL insurance rules, an accident in a parking lot falls into the category of insured events. Parking lots fall into this definition as internal areas. You can get insurance for an accident in such a place if it falls into one of the following categories:

1. Parking lots located on the ground floor of the shopping center.
2. Parking spaces near the apartment building.
3. Parking lots located near a state, municipal or public building.

What punishment can follow for an accident in the yard

There are no special sanctions for an accident that occurs in the yard. Traffic police officers are guided by general rules regarding speeding or other traffic violations. The most severe penalties are for those drivers who leave the scene of the accident. These are the most pressing cases; many drivers drive away from the scene of an accident, hoping to remain unnoticed. For such an act, deprivation of the right to drive a vehicle is provided for for a period of 1-1.5 years. The car may also be confiscated.

As for monetary fines, they are calculated individually, based on the scale of the consequences, the number of victims and the circumstances under which the accident occurred (an aggravating circumstance is driving while intoxicated). The amount of compensation is calculated by the insurance company.

For your information

An additional fine is provided in the absence (or delay) of compulsory motor liability insurance. The fine for an expired (or missing) MTPL policy is 800 rubles.

Kick the door

Accidentally being hit by a door is a common situation in fairly tight parking lots. Only traffic police officers should qualify each specific case.

An employee of the State Traffic Inspectorate, who appears at the call of the injured motorist, examines the damage and issues a conclusion as to whether the incident is considered an insured event or whether the damage will be settled in accordance with other legislative acts.

If the driver can independently assess the damage, then the situation can be resolved without the help of the traffic police.

Nuances

Finally, let’s highlight a few of the most important nuances:

• After receiving payment under the Europrotocol, the victim no longer has the right to make other claims for an accident in the yard.
• Participants in the accident are prohibited from independently repairing their vehicles within 15 days (from the date of the accident).
• If there are pedestrians among the victims, they must be marked on the diagram indicating the direction of movement. This also applies to cyclists.
• Leaving the scene of an accident does not automatically mean admitting guilt.

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How to report an accident in a parking lot

When no more than two cars were involved in the accident, they are insured, the incident is obvious, the culprit is identified, and the damage does not exceed 100 thousand rubles, the European protocol is used. Both parties fill out the notification form, exchange contacts and information about insurers and leave.

The option does not always satisfy the parties, and in most cases it cannot be done without calling the traffic police. Employees of the State Traffic Inspectorate assess the situation on the spot, inspect the parking lot, interview witnesses, identify the culprit, and draw up a diagram of the incident and a protocol.

Find out what to do if your car is scratched in the yard or in the parking lot.

Situation No. 3: A car drove into an open door for a long time

On the one hand, the situation is simple, but we must not forget what a wonderful country we live in. Not every driver will be decent and say that yes, he did not notice the open door and drove into it. In most cases, you will have to prove that the door was open a long time ago and did not interfere with the movement of other vehicles.

And here, as in all our other articles, let us remind you of the importance of a DVR in a car. If you decide to get one after such an accident (we really hope you have), then external surveillance cameras can help, which are better to find immediately after the incident yourself and ask the owners to save the recording, and then petition the traffic police to include it in the case file.

If it cannot be proven, then with a high degree of probability the driver whose door was open will be found guilty.

Important note!

• This article describes the basic principles of how legislation works. Meanwhile, in judicial practice everything depends on specific circumstances.
• In 96% of all cases there are subtleties that can affect the outcome of the entire case.
• Therefore, we recommend entrusting the matter to professionals who will study your business and select the right winning strategy.

The TonkostiDTP website employs professional road accident lawyers with experience in all major types of disputes (MTPL, guilt, administrative penalties).

Ask a lawyer

or get a free consultation by calling the hotline: 8.

Who is at fault in a car door opening accident?

Practice shows that the issue of determining guilt in an accident with an open door is not so clear-cut. In 2021, you can find three different options for the distribution and determination of guilt in such an accident, namely:

1. the passenger who opened the car door is at fault,
2. the driver whose car door was opened is at fault,
3. Both the driver and the passenger of this car are at fault.

To understand why this happens, let’s remember the basic rules and responsibilities of both the driver and the passenger when boarding/disembarking.

So let's get started!

• Passengers: are required to board and disembark from the curb or sidewalk only. In this case, the car must come to a complete stop, so they are prohibited from opening the vehicle doors while driving (clauses 5.1 and 5.2 of the traffic rules).
• The driver: is obliged to board and disembark after the car has completely stopped, and driving can only begin when all doors are closed (clause 22.7 of the Rules).

The most attentive people probably already think that not a word is said here about how to open the doors when the car is already parked. This is discussed in a separate paragraph, but it cannot be attributed to the responsibilities of either the driver or the passenger, it is general.

The most important point of the traffic rules for us: it is prohibited to interfere with other road users with open doors (clause 12.7 of the Rules).

So it turns out that the driver must monitor the passengers, and the passengers themselves must act without violating the Traffic Rules. Hence the controversial judicial practice in determining who is at fault in an accident with an open car door.