What to do and what are the penalties if the driver leaves the scene of an accident?

Good afternoon, dear reader.

This article will talk about leaving the scene of a traffic accident , as well as the punishment facing a driver who fled the scene of an accident.

In practice, you can often hear a story from a driver who found his own car damaged. At the same time, the culprit of the accident left the scene of the accident.

Apparently, drivers are trying to escape from the scene of an accident in the hope that they will not be found later and will not have to pay for repairs to someone else’s car. However, given the huge number of video recorders and external surveillance cameras, there is a high probability of being found and receiving a deprivation of license for fleeing the scene of an accident.

• Reasons for leaving the scene of an accident.
• Deprivation of rights for leaving the scene of an accident.
• Criminal punishment for road accidents with victims.
• Is there a fine for leaving the scene of an accident?

Is it possible to leave the scene of an accident in 2021?

Yes. But not in all cases, depending on what is meant. Unfortunately, most publications and web resources today write that if you leave the scene of an accident, then this is definitely always prohibited. This is not true and “fake”. You just need to know what we, as drivers, are obliged to know and follow - traffic rules as amended in 2021.

And these Rules prescribe literally the following in the event of an incident on the road:

1. stop the car immediately - this is a direct ban on leaving the scene of an accident,
2. put up an emergency stop sign and turn on the emergency lights, be careful while on the roadway (and yes, this is also important!),
3. if there are victims, then inform the ambulance or, depending on the situation, hitch a ride with them, deliver them yourself and return to the scene of the incident,
4. clear the road if an obstacle is created for other cars, but then before this you need to photograph the circumstances of the accident: damage, location of vehicles, road signs and markings,
5. and further, depending on the situation: either call the traffic police and follow their instructions,
6. or fill out a European protocol and leave the scene of the accident.

Such requirements are contained in paragraphs 2.5, 2.6 and 2.6.1 of the traffic rules.

Please note that already in this list there are several legal opportunities to leave the site with an accident without consequences in the form of punishment.

But that is not all.

When is it possible not to call the traffic police and allow both participants to leave?

Let's start with the classic understanding of leaving the scene of an accident - when both participants decided that they did not need any traffic police, as well as compensation for damage, or the culprit immediately paid the victim, and both decided to simply leave.

Traffic rules, indeed, allow such a scenario when drivers can leave the scene of the accident. But there is an absurd flaw in the 2021 legislation. It consists in the fact that all participants have the right to escape from the scene of an accident only if the conditions for drawing up a European protocol are met. At the same time, participants are not required to fill out (namely, fill out) the notice itself. What a paradox!

See for yourself, paragraph 2.6.1 in its second paragraph makes it possible to leave the incident site if the conditions for registering an accident without the participation of police officers are met. And, in turn, such conditions are contained in paragraph 1 of Article 11.1 of the Federal Law on Compulsory Motor Liability Insurance:

• 2 cars collided in an accident (no more and no less),
• Only these cars themselves were damaged (and not people or other property - for example, luggage or personal belongings of drivers or passengers),
• both participants have valid MTPL insurance,
• the participants have no disagreements regarding the circumstances of the incident.

Only when each of these points is fulfilled do you have the right to leave the scene of the accident. Please note that if, for example, one participant does not have a compulsory motor liability insurance policy, then you are already obligated to call traffic police inspectors for registration. And it doesn’t matter that the culprit is ready to compensate for the damage on the spot.

However, in practice it is unlikely that anyone will lose their rights in this case. However, there have been cases when the culprit of the accident, having paid the victim out of his own pocket, then, when both had fled, returned to the scene and called the police, indicating that the second participant had fled and turning the circumstances in such a direction that he turned out to be innocent. In this case, the culprit already received a payment under compulsory motor liability insurance, and the actually innocent driver was deprived of his license.

Therefore, it is important to write a receipt for receipt of compensation in such cases, or even better, to videotape the transfer of money indicating what it is for and on what date.

All cases when you can leave

But let's immediately look at all the exceptions to the prohibition of fleeing the scene of the incident, when leaving is legal. So, you will not be punished by law:

• if you simply moved the car off the roadway to free it, as required by paragraph 2.6.1 of the traffic rules, and then did everything according to the rules,
• if you issued a European protocol without calling the traffic police and moved away,
• if you did not need to file an accident, and both participants left, but all the requirements for filing a notification have been met,
• unless you notice a collision in an accident with minor damage.

Stop! But the last point is something new. And below we will talk about this in more detail in the section of the article on avoiding punishment for leaving an accident.

Driver's responsibilities in case of an accident

A fine of 1,000 rubles can be collected from a driver who violates the traffic rules for actions after an accident. The correct behavior should look like this:

• stop the car in the position it was in after the accident, do not move or remove objects related to the accident;
• turn on the emergency lights;
• place warning triangles at the correct distance from the vehicle;
• find out if there are victims;
• if there are victims, call the traffic police and doctors, if possible, provide first aid yourself, send or take the wounded to a medical facility, if necessary.

However, there are a number of exceptions, also specified in the traffic rules.

He disappeared drunk - is that true? Latest news about changes

No. For some time now, information has been circulating on the Internet that, according to the new rules, an allegedly drunken accident is equated to the same as if the culprit fled the scene.

This is not true and fiction. But this “fake” has “legs growing” from slightly different – ​​already official information. The fact is that in the Criminal Code of the Russian Federation there is an article for guilt in an accident with injuries or deaths. Until recently, there were more severe punishments here if there was harm to the health or life of people, and the culprit was drunk. This is logical, isn't it?!

So, a new law recently came into force, according to which stricter punishments await not only a drunk driver, but also if he fled the scene of an accident. And these measures of responsibility are the same for both intoxication and abandonment. Which is also logical, so that drivers in a state of intoxication do not leave the scene of an accident in order to receive a more lenient punishment.

We have a separate special article about this.

If the culprit drove away in a car, what to do?

Now let's describe the situation for the injured party. What to do in a situation where there was a collision on the road, but the second participant disappeared? Here everything is not so obvious - the second participant at this stage is not yet the culprit - he will become one only when a decision is made against him.

However, for this act in standard cases the driver faces deprivation of his license. Your task is only to remember the license plate number of the escaped car. This is necessary for identification.

Next, call the traffic police and wait for instructions. Most often, you will be sent to the nearest traffic police department to register an accident; less often, the employees will come to register it themselves.

As a result of the second driver's disappearance, his car will be put on the wanted list.

Please note that in order to receive compensation, you only need to have the car of the absconding participant identified by numbers and that this car has valid MTPL insurance. In this case, if you are not found to be at fault, you will receive compensation without necessarily identifying the driver who left the scene of the accident. But whether they found the hiding participant or not is no longer important in this case.

That is, in order to receive an insurance payment, it is important that 3 conditions are met:

• the license plate number of the car in which the participant left the scene of the accident was recorded - and, preferably, with the help of a video recorder, surveillance cameras or witnesses; or the car was found with characteristic damage that was recorded by the traffic police,
• this car has a compulsory motor liability insurance policy (and you may not have one),
• no rulings or determinations have been made against you.

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.

If you don’t see the license plate, is it possible to go in pursuit?

Yes, but with certain risks. There is Article 2.7 in the Administrative Code, which relieves you of responsibility for leaving the scene of an accident if it was committed in a state of emergency.

Here is a definition of such a need. In this case, the interests of the state in relation to road safety are violated, as well as your right to compensation for damage caused by the accident. Therefore, when you chase a fleeing driver, you are acting in such a state and are not subject to punishment in the form of deprivation of your license for leaving an accident.

But keep in mind that you only need the license plate number of the culprit's car. It is advisable not to try to stop him, since you can only aggravate the situation either by another accident or by getting beaten. It is also advisable that the entire process from the incident itself to the chase be recorded by the DVR.

In addition, it is important to return to the scene of the accident after this and call the traffic police. This is what will determine the absence of your guilt in leaving the accident.

When is it impossible to receive compensation under compulsory motor liability insurance for an absconded person?

Automobile liability insurance specifically covers liability. This means that the victim receives compensation for damage from the insurance of the culprit. And if the culprit is not identified, then the payment will no longer be received? Not at all!

In fact, despite the seeming logic that if there is no culprit, there is no compensation under compulsory motor liability insurance, there are very few situations where the culprit has disappeared, it is impossible to receive payment.

And such cases include:

• the culprit of the accident has not been found, nor has the vehicle that caused the collision been identified, and there were no injuries or deaths,
• the second participant does not have MTPL insurance at all (the MTPL agreement has not been concluded, if the culprit is simply not included in the policy, then you will be paid compensation) - regardless of whether he was found or not,
• Based on the results of the investigation, the second driver turned out to be completely innocent in the accident - he did not violate traffic rules.

This is an exhaustive list of conditions under which you will have to apply for compensation directly to the person causing the harm, and the insurance company will not help here. And in the latter case, there is nothing to count on at all if you do not have Casco insurance.

What is the penalty for leaving the scene of an accident?

So, let’s now consider all the measures of responsibility and the corresponding articles of regulations for the fact that the driver fled the incident.

The most common punishment in 2021 that a participant faces in standard cases (without injuries or deaths) is part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation: deprivation of rights for a period of 1 to 1.5 years or administrative arrest for up to 15 days as a more severe punishment in the presence of aggravating circumstances.

This sanction is assigned exclusively by the court - the traffic police inspector on the road has the right only to draw up a protocol and transfer the case to the subordinate magistrate court for further consideration.

However, depending on the severity of the consequences of the accident itself, there may be more severe penalties. Let's look at them all, and then provide a summary table of fines and terms of deprivation of rights for this act.

Is there a fine for leaving the scene of an accident?

No. None of the sanctions in force in 2021 provide for a traffic police fine if the driver fled the scene of an accident. Currently, this violation is considered serious enough to be punishable by one of 3 other penalties, in addition to a fine. Below we will look at these 3 other measures.

Is there any deprivation of rights?

Yes. Above, we examined the punishment under the Administrative Code with imprisonment for a period of 1 to 1.5 years for fleeing the scene of an accident without injury or death.

But also deprivation of rights for 3 years for leaving an accident is applied when any of the criminal articles are assigned if there are injured people.

Are there any criminal penalties?

And again yes! As many as 3 penalties face the driver who left the scene of the accident, and they differ depending on the following additional conditions:

• if leaving the scene of an accident occurred where there were victims with serious harm to health,
• if there is a dead person (for example, a driver hit a pedestrian and fled),
• if 2 or more people died, they will face the most severe punishment under a criminal article.

For your convenience, below we present the measures of responsibility in a convenient tabular form.

What if the person deprived of his rights disappeared?

In general, in 2021, the Criminal Code contains a separate punishment for hiding from the scene of an accident by a person punished by deprivation of rights. Article 264.1 punishes such a driver with a fine of 200-300 thousand rubles or more severe measures for driving a car.

However, if an accident occurs under such circumstances, then options are possible: either Article 264 will be applied, or a combination of these two articles with summation of penalties, or Article 264.1 of the Criminal Code of the Russian Federation plus Article 12.27 of the Code of Administrative Offenses of the Russian Federation. This depends on the specific case and the severity of the harm to the victims and their presence in general.

Table of responsibility for driving away from an accident

Let's take stock of everything that will threaten the driver if he fled the scene of an accident.
Table of penalties for hiding from the scene of an accident

Is it possible to avoid punishment in 2021?

Yes. And there are 2 working ways to avoid responsibility. Let's look at them!

Working method No. 1: in case of a minor accident

So, above we mentioned a certain judicial act of the Supreme Court. We are talking about Resolution of the Armed Forces of the Russian Federation No. 38-AD16-5 dated September 22, 2016, in which the trolleybus driver, who did not notice the collision and left the scene of the accident, was first deprived of his license and then acquitted.

The fact is that there is Article 1.5 in the Code of Administrative Offenses of the Russian Federation, which contains the general principle of the presumption of innocence: no one can face punishment if they are not guilty of violating traffic rules. At the same time, Part 1 of Article 2.2 of the Code defines intent as an indispensable element of the form of guilt. Thus, if you unintentionally fled the scene of an accident, and there is no fault in this, since you simply did not notice the collision, then you cannot be deprived of your rights.

Since that very year 16, most courts, when properly building the driver’s defense, cancel the deprivation. But please note that this applies only to administrative punishment - in the absence of people injured or killed in an accident.

Working method No. 2: hide for 3 months

Another effective method to avoid deprivation is the timing of the administrative case. According to Article 4.5 of the Code of Administrative Offenses of the Russian Federation, a person cannot be punished after 3 months after committing a violation that is within the jurisdiction of the court.

The loophole in this law is that only the driver is punished for leaving the scene of an accident, which is reasonable (unlike cases of punishment for auto-recording cameras, when the owner of the car is involved). In practice, the escaped driver is rarely identified - after all, he disappeared! Only a clear image of his face on cameras can make it possible to bring him to justice... And even then, with a correctly built line of defense, no one will punish you in this case.

Having connected these 2 facts, we conclude that nothing can threaten you after 3 months of search. But you don’t have to hide for this. Even if you are forcibly brought to the traffic police department for questioning, you have the full constitutional right not to say anything against yourself or your loved ones.

Fortunately or unfortunately, this method actually works - loopholes in the laws make it possible to avoid liability for leaving the scene of an accident in 2021 and almost always completely, only if you were not caught immediately after you left.

If you have Casco

This is the most obvious way to get compensation from your insurance. But OSAGO has nothing to do with it at all.

Under Casco agreements, it is not the liability of other participants in case of accidents that is insured, but specifically the property – your car. Therefore, it will not be difficult for you to receive compensation in the form specified in the contract.

How to get a?

In some cases, you will still have to wait for the documents that will be issued by the traffic police - a resolution on the fugitive culprit or a ruling to terminate the investigation. The obligatory nature of one of these papers is provided for in most Casco conditions.

But there is good news - many insurance companies will meet you halfway and repair your car or pay you money based on the available documents.

Thus, in an accident with absconding participants, an administrative investigation is almost always ordered, and an appropriate ruling is issued, a copy of which is given to the victim. This definition, when contacting an insurance organization, can confirm the very existence of an insured event.

But please note that if the culprit is not found, then Casco insurance will become more expensive for you in the next period, as a claim will be registered.

What if a pedestrian fled the scene of an accident?

But here is a case where a person who has disappeared will only face a small fine.
But there may be 2 of them, depending on the circumstances of the traffic violation. Let's look at them all! Table of penalties for hiding a pedestrian from the scene of an accident

Please note that pedestrians bear full civil liability for damage caused if they were the cause of the collision. However, there is a certain subtlety here in that the car is a source of increased danger. We discussed this topic in detail in a special article on accidents with pedestrians.

When is it prohibited to leave the scene of an accident?

You cannot leave the scene of the collision until the traffic police arrive, regardless of the absence or presence of victims. The only exceptions are those cases described above.

However, there are situations when it seems that leaving does not threaten the driver. As a rule, this is not the case. Most often, problems arise in the following cases:

1. The person responsible for the accident left the scene of the collision. If the damaged car also leaves, then the offender can subsequently contact the traffic police and report the damage. In this case, it will be difficult to prove that you are right.
2. The participants in the accident “verbally” agreed on the absence of claims, without issuing a receipt, without recording the damage and the diagram of the accident in accordance with the rules. In this case, it is possible that one of the participants will return to the scene of the collision and call the traffic police, accusing the second of fleeing.
3. There was a collision with a pedestrian, and he fled. Subsequently, the injured person can file a complaint with the traffic police. Then the driver who gets away may lose his license or go to jail.
4. The car was dented in the parking lot, the culprit disappeared. In this case, the driver who damaged the car can contact the traffic police and shift responsibility for the accident to the injured party.

If any of the above situations arise, the driver should remain in place and report the incident to the traffic police. It is important to document in writing and thoroughly the fact that there are no claims between the parties to the accident. This will help you avoid being arrested or having your driving privileges revoked.

Judicial practice 2021

The above-mentioned act of the Supreme Court is not the only regulatory framework used by lower courts in their practice. There are also more recent documents that are used much more actively in 2021.

We are talking about the extensive and currently popular Resolution of the Plenum of the Supreme Court of the Russian Federation No. 20 dated June 25, 2019. Let's look at the most important nuances pointed out by the Supreme Court.

• If the driver fled the scene of an accident that occurred in a parking lot or in the yard, he still faces imprisonment. The Supreme Court recognizes the speculation that there are no roads in the courtyards, for example, and, therefore, traffic rules do not apply here (paragraph 1 of paragraph 20 of the said PPVS).
• At the same time, the court recalls the definition of a traffic accident in the Rules. Its indispensable attributes: dead or wounded people or damaged property. If there is none of this, then there is no accident. This means there is no leaving (paragraph 2 of paragraph 20).
• It also emphasizes the mandatory presence of intent to deprive rights (paragraph 7 of clause 20). However, the court indicates that such cases, when the driver did not notice the accident and drove away, should be considered individually. Judges should not always believe drivers who claim a lack of intent. It all depends on the nature and size of the damage, weather and road conditions, the size of the vehicle (car or truck, for example) and other factors (paragraph 8).
• In addition, an offense for leaving the scene of an accident is also formed if the driver took the victims to the hospital, but did not return as soon as possible (paragraph 6 of paragraph 20).
• A non-contact accident is also considered to be fleeing the scene of an accident - when one car caused a collision with others, but there was no direct contact of the culprit’s car with them (paragraph 9 of paragraph 20).