Home/Car damage/Car was scratched in a parking lot
A car is a type of property, damage to which causes the owner a lot of unpleasant emotions. However, situations associated with such a process are becoming more and more typical. Crowded city streets and parking lots, an increasing number of cars, insufficient care of some drivers, distracted attention - the result of all this is minor accidents that occur directly in parking lots.
The algorithm for the owner of a “damaged” car in an accident in a parking lot depends on many factors. The need for financial investments, mostly unplanned and unwanted, forces the vehicle owner to look for all possible options for solving the problem. In order to obtain full compensation from the culprit for all expenses incurred to eliminate a scratch on the car, you need to know how to behave in such a situation.
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.
When should you call DPS?
In order for the traffic police squad to accept the call, the incident with a scratched car in the parking lot must be classified as an accident. This means that at least one of the cars was moving at the time of the collision. Scratches resulting from this action will not be taken into account if the damage is very minor or the culprit is ready to resolve the conflict without involving third parties. In this case, no protocol will be drawn up.
So, it is necessary to call a traffic police inspector to the scene of a minor incident in a parking lot in the following cases:
- The guilty party did not leave the scene of the accident and waited for the owner of the vehicle. You should find out if he has insurance. It wouldn't hurt to take a photo of the car from such an angle so that the license plates are clearly visible. Having written down the contact details of the culprit and his full name, you can begin to wait for the inspector. This process can be quite lengthy.
- The car is damaged and the person responsible for the accident is missing. Inspectors should be called if the scratch is clearly visible to the naked eye and spoils the appearance of the car. While waiting (which can last for several hours), you can find out if there is video surveillance at the scene of the accident. It will also be useful to talk with the owners of nearby vehicles to see if they have DVRs and recordings related to the problem.
If the car is hit not in the parking lot, but in the local area, then the injured party should contact not the traffic police inspector, but the local police officer . Otherwise, the algorithm remains the same: survey neighbors for the presence of video recording devices, contact neighboring car services to obtain information about a car with traces of paint the color of your vehicle, go around neighbors who could see something from a window or balcony.
Attention
It is not within the competence of the traffic police to resolve issues related to damage that does not fall under the category of an accident. For example, if the car was scratched in the parking lot by the door of a neighboring car. In this case, you can try to negotiate with the culprit or call the local police inspector.
Call DPS
Traffic police officers record accidents that occur on the road, roadside and parking lot. The traffic police should be called when scratches occur while at least one vehicle is moving. Otherwise, after assessing the situation, they will leave without drawing up a protocol. You don’t have to call the traffic police if minor damage was sustained and the person responsible for the damage to the car in the parking lot is ready to resolve the conflict without involving traffic police officers.
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.
If the damage to the car in the parking area was caused by third parties - intruders or children, then it would be more correct to call a local police officer who will deal with this issue.
Actions of the driver if the car is scratched in the parking lot
If your car is scratched in a parking lot, you should take a number of actions to help solve the problem as quickly as possible. In some cases, this is not only the key to quickly registering an accident, but also saving human life. Of course, a scratch on a car door or fender most often does not cause harm to health, but the parties should still keep some nuances in mind.
If the situation in the parking area does not suit both or one party, then the victim should take the following actions:
- call an inspector, this can be done by calling 02 (020, 112 for mobile);
- make a call to the insurance company, report the accident and ask for a list of required documents;
- take detailed photographs of the vehicle, which will show in detail the location of the cars in the parking lot, existing scratches and other nuances;
- record the personal data of the person responsible for the accident, including the registration details of his car;
- at the end of the proceedings, contact a representative of the insurance company, who will need to provide a detailed description of the damage and a copy of the report.
The easiest way to resolve the conflict is when the culprit did not leave the scene of the accident and is ready to bear financial responsibility for what was done. If both parties have an MTPL agreement, then you can draw up a protocol yourself, without resorting to the help of the traffic police.
Procedure
The conflict can be resolved without involving outsiders if the person responsible for the scratch waited and is satisfied with the amount of compensation. In this case, it is not even necessary to draw up a protocol. Also, with the consent of the guilty party and the presence of a valid MTPL policy for both drivers, you can do without involving a traffic police squad and file an accident yourself.
Otherwise you need:
- Call the DPS squad.
- Call the insurance company (the victim always calls), report the fact of damage, and clarify the list of documents required to obtain compensation.
- Take photographs or videotapes of all details related to the accident: the location of vehicles in the parking lot, scratches, etc.
- Write down the details of the culprit: registration number of the car, contact details of the owner.
- Contact the insurance company with a copy of the protocol.
But the culprit does not always wait patiently for the owner of the damaged car in the parking area.
Punishment for scratching
If it is definitely established that the scratch was caused by the actions of a known driver, then you can first try to talk to him. Since the damage is most often insignificant, during the negotiation process the parties often come to an agreement.
If the culprit does not want to voluntarily compensate for the damage caused, then, after registering the accident, the injured party must contact the appropriate authority - the insurance company. If the person who caused the accident has an MTPL insurance policy, then the cost of repairs will be reimbursed by the insurer. The culprit will restore his car himself.
Things are somewhat different if the scratch was caused intentionally and was the result of an intentional action by a person. A passerby who scratches a car with a nail or other sharp object must answer for what he did.
The type of punishment for scratching a car caused by a pedestrian may be as follows:
- Administrative liability , if the amount of damage is no more than 2,500 rubles - in this case, the culprit will have to pay a fine of 300-500 rubles. This type of punishment is determined by Article 7.17 of the Code of Administrative Offenses. It is important that paying a fine does not relieve the violator of the obligation to compensate for the damage caused to the vehicle.
- Criminal liability if the car is damaged in the amount of more than 5,000 rubles (Article 158 of the Criminal Code of the Russian Federation, Appendix 1, paragraph 2). You will have to follow the letter of the law in accordance with Article 167 of the Criminal Code of the Russian Federation.
If a criminal case is opened against the person who scratched, the punishment may be different:
- a fine up to 40,000 rubles;
- compulsory service, the duration of which is up to 360 hours;
- correctional labor (up to 1 year);
- imprisonment for up to three months.
IMPORTANT
All agreed measures are applicable if the car is damaged by a pedestrian in the amount of no more than 250,000 rubles. If the damage is much more serious, the violator will either pay a fine of 120,000 rubles or be sent to correctional labor. In most cases, all cases concerning scratches in parking lots end up in the magistrate's court.
Finding the culprit of the damage caused to the car
Usually, you can hitch a car in a city parking lot with poor visibility and at night parking in the courtyard of a house, where cars are parked very close to each other, and it is easier to damage a neighbor’s car than not to do so. And if trouble happens, it is important to know exactly what to do, where to go and how to resolve a dispute about compensation.
First, let's consider a relatively simple situation in which your car was damaged while parking, and the person at fault remained on site and was ready to discuss the problem.
The car is damaged and the culprit is known
If the person responsible for the damage to your car remained in place, it means that he hit the car by accident and is ready to answer for it. Previously, car owners agreed “peacefully”, but the solution was sometimes reached by not very legal methods, and the amount of compensation was not always adequate to the scale of the damage.
With the advent of compulsory motor liability insurance, the task has become simpler: the victim can now simply contact the insurance company of the culprit and receive compensation for the damage suffered legally and transparently. To do this, you need to notify the traffic police, draw up an incident report indicating the offender and a description of the damage, and then contact the insurer.
Therefore, if the culprit of the collision is known or present at the scene:
- exchange contacts with him and offer to agree on compensation on mutually beneficial terms - this is a simple and quick option for minor damage.
- if the damage to the car is serious and it is not possible to reach an agreement, take a photograph of the damage, check the availability of the MTPL policy with the guilty party and call the traffic police (it is possible that you will have to wait).
Important! There are some difficulties with the arrival of traffic police officers: now they quickly go to register an accident only in situations where there are victims or the cars have suffered serious damage. If you think that the damage is minor, it is better to come to an agreement with the culprit.
If the traffic inspectors arrived and drew up a report, it should indicate the guilty party and describe the damage to your car, as well as specify the date and time of the incident. With this protocol, you can contact the insurer of the person responsible for the accident in order to receive a referral from him for an auto examination of the damage, which will confirm the damage incurred and estimate the amount of insurance compensation.
Do not try to repair the car yourself until the insurance company makes a decision on compensation for damage! If something goes wrong, the car will become physical evidence of the property damage caused to you.
And remember, if the person at fault for the accident has compulsory motor liability insurance, his insurance company will be obliged to compensate you for the damage incurred if you have the necessary documents and evidence in your hands. If you are the culprit of the collision, then your insurer will compensate the injured party for the damage, and you will have to restore your car at your own expense. To avoid this, you need a CASCO policy with the type of insurance events specified in the contract.
The car was damaged, and the culprit fled the scene
This is a more complex situation that requires a lot of time and effort to find the driver who damaged your car. Therefore, if the damage is insignificant (a small scratch or a small dent), it is better to give up and go about your business. But if the damage is sensitive, then it would be reasonable to find the culprit.
- First, try to find witnesses to the incident (parking attendants, parking lot security guards, neighbors).
- Contact the owners of neighboring cars in the parking lot who have working DVRs installed in their cars - perhaps someone will have a recording of the moment of the collision.
- Be sure to inspect the damage: the height of the blow, the remains of foreign paint, the depth of the dents, etc. Based on some details, you can determine the size of the offender’s car, speed, and body color.
- Later, you can contact car services and paint shops in the city with a description of the characteristic damage and signs.
After inspecting and photographing the damage, call the traffic police to file an accident report. Based on the protocol drawn up, traffic police officers are required to begin searching for the offender’s car (the search by law must continue for 3 months).
Important! Fleeing from the scene of an accident is very severely punished. In accordance with Article 12.27 of the Code of Administrative Offenses of the Russian Federation, a driver who fled the scene of an accident is trying to deliberately avoid legal punishment, for which he may be deprived of his license for 1-1.5 years or placed under administrative arrest for up to 15 days.
Therefore, we do not recommend running away from the scene of a collision either to you or to other drivers. Before calling and arriving the traffic police, you can always resolve the dispute peacefully, avoiding serious penalties.
There are several exceptions to this rule:
- The driver, in poor visibility conditions or at night, accidentally touched someone else’s car and drove away without noticing it. If his identity is later established, he will have to prove in court that he did not leave the scene of the accident intentionally (it will be difficult to convince the court of this).
- The driver did not leave the scene of the incident, but did not wait for the traffic police and left on business. In this case, according to the Code of Administrative Offenses, he has the right to leave the scene of an accident after three hours of waiting for urgent matters (the law does not indicate how long one should wait for the arrival of traffic inspectors).
Please note that the driver is punished for leaving the scene of an accident even if he went to the nearest traffic police post for help. This is done if people were injured in a collision and they need emergency medical care. Therefore, under no circumstances should you leave the scene of the incident!
Application to the district police officer
Attention
You should not always contact traffic police inspectors if scratches appear on your car. If damage to the vehicle in the parking lot was caused by third parties (for example, a passer-by or a child), then you need to call the local police officer. He will deal with this issue.
Bringing to justice a citizen who caused damage to property (in this case, a car) is possible only if the injured party wishes. This intention can be expressed in a statement about damage to property. The amount of damage may vary: up to 5,000 rubles – administrative liability, from 5,000 rubles – criminal liability (Article 158 of the Criminal Code of the Russian Federation Appendix 1)
Writing an application to a district police officer must comply with a certain algorithm and contain the following information:
- details of the recipient of the application (chief of police, city, department and position);
- the exact address of the police station where the victim plans to file a complaint;
- applicant's details (full contact details, address, cell phone);
- the name of the document is “application”;
- the main part, in which it is necessary to state the circumstances of the incident, the amount of damage received, the date of the crime, as well as your requirements;
- confirmation that the applicant is aware of the liability for providing knowingly false information;
- a list of documents that, to one degree or another, confirm the facts stated in the application (certificates, confirmation of the amount of damage received);
- date of writing the application and signature of the victim.
You can make such a statement at home yourself. You will have to hand over the document to the police station at your place of residence in person.
statements to the local police officer when a scratch is detected on the car.
If a driver hits a car in the yard and leaves the scene of an accident, what does he face?
Search for a car, criminal liability and prison. This is what some drivers think, having found themselves in a similar situation and having heard various scary stories.
In fact, these are too condensed colors. Although, if there are victims or the fact of causing serious bodily harm to citizens, then criminal prosecution is not excluded.
However, accident statistics show that the likelihood of such an event is extremely low. What consequences may occur for those car owners who carelessly treated another car?
When the conversation turns to administrative liability , most likely it may arise for leaving the scene of an accident. Sanctions prescribed in Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation , provide for deprivation of rights for hiding for a period of one to one and a half years . An alternative could be arrest for 15 days .
At the time of the accident, the driver was drunk and fled, after which he was detained at home; this is often fraught with a fine of 30 thousand rubles. and deprivation of rights from 1.5 to 2 years (Part 3 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation)
Property liability . Here we are guided by Art. Art. 1064, 1079 of the Civil Code of the Russian Federation, regulating the procedure for compensation for material damage.
It must be remembered that if the car was not driven by the owner, the owner of the vehicle will be responsible to the victim. Exceptions are cases when the car is transferred under an agreement or power of attorney.
It is unlikely, but criminal liability is allowed - enshrined in Art. 264 of the Criminal Code of the Russian Federation. It depends on the nature of the injuries and the number of victims. The condition of the driver is essential: whether he was drunk at the time of the accident or not.
In general, of course, you need to look at the specific situation. What circumstances will play a significant role?
Let's list them:
- The scene of the accident.
- The circumstances under which the accident occurred.
- The presence or absence of intoxication.
- Whose fault was it that the collision occurred?
- Is there a compulsory insurance policy?
- How seriously damaged the cars were.
- Are there any injuries caused by the accident?
When the driver who hit the car and left the scene of the accident knows all the facts listed above, it is better to go to a car lawyer and discuss with him all possible scenarios. And if it is not known, then even more so.
We will consider cases with minor injuries and more serious ones separately. Read the article and you will find an approximate algorithm of actions suitable for your situation.
What to do if your car is scratched in a parking lot and you drive away?
If the car is scratched, and the culprit did not notice the mistake or disappeared from the parking lot intentionally, then first of all it is necessary to determine how much damage the car suffered as a result of such impact, as well as under what circumstances the damage to the vehicle was caused. It could have been a traffic accident, or there could have been other types of exposure. In the first case, you need to call the traffic police, in the second - the local police officer.
While waiting, you can start collecting information and ask the owners of nearby cars to look at the DVR recordings, try to get information from surveillance cameras in the parking lot, near a bank or store located nearby.
All information received must be passed on to the traffic police inspector or local police officer. The perpetrators should remember that after leaving the scene of the accident, they will have to answer for this offense too.
Scratched by an unknown person
If there are scratches on the car, and the culprit has disappeared, then you first need to determine whether the car was damaged as a result of an accident or other impact. If the second participant in the accident fled, they call a traffic police squad, in the second - a local police officer. Until their arrival, you can start an independent investigation: inspect the damage and the scene of the incident for traces of the “guilty” car.
You can also collect information that will help prove the violation and identify the culprit . Where to look for evidence of guilt in a scratch:
- recordings from DVRs of cars parked nearby;
- CCTV cameras in paid parking;
- External surveillance cameras near the store, bank, at the entrance.
Neighbors and residents of nearby houses can share information. To find witnesses to a scratch on a car, you need to post advertisements asking eyewitnesses of the incident to respond. You can visit nearby service stations to find out if they have been contacted to repair cars with typical damage.
Having collected the necessary information, recording the contacts of witnesses, taking photographs of the scene of the incident, transfer all the information received to the arriving traffic police or police officers. If you find yourself in such a situation, before leaving the scene of an accident, remember that leaving the scene of the accident is classified as an administrative violation and is punishable by a fine or deprivation of rights for a certain period .
What should you do if a pedestrian scratches your car in a parking lot?
Proceedings regarding scratches on a car are not always the prerogative of the traffic police. If their appearance is associated with accidental or intentional actions of a pedestrian, then it is necessary to contact the police and call the local police officer.
For your information
If the culprit refuses to admit his guilt and voluntarily compensate for the cost of repairs, then the injured party has every right to go to court. To do this, you should collect all the evidence confirming the person’s guilt, and only then write a statement.
In what cases is DPS called?
In practice, several situations of damage to a car parked in the parking lot may develop. Registration of an accident by traffic police officers occurs when at least one vehicle is moving. For example, the driver of a neighboring car touched a car in a parking lot while entering or exiting. If the damage is minor and the culprit is willing to resolve the situation without involving traffic police inspectors, you do not have to contact the traffic police.
To receive compensation under compulsory motor liability insurance (the amount of damage up to 100 thousand rubles), a European protocol is drawn up, that is, the participants independently record the traffic accident. If the documents are completed correctly, the victim has the right to compensation for damages under insurance. Due to insufficient legal awareness of how the European protocol is drawn up, both parties prefer to resolve the issue in the presence of a traffic police inspector.
From June 2021, it is permissible to draw up this type of protocol in case of existing disagreements. To do this, one of the cars must be equipped with a special GLONASS device or the driver must have the “DTP.Europrotocol” mobile application installed. The system itself sends data to the AIS OSAGO. If one of the conditions is missing, calling a traffic police inspector is mandatory. Also, a representative of the traffic police is required to draw up a report if the amount of damage exceeds one hundred thousand rubles.
Advice! When drawing up a European protocol, you should not forget to install an alarm and a special sign at the scene of the incident.
My car was scratched in a paid parking lot, what should I do?
No less sad than the previous ones is the fact that cars can be scratched even in a paid parking lot. A novice or inattentive driver can easily hit someone's car. If you have CASCO insurance, problems, as a rule, do not arise. The main thing is to complete the documents correctly and do it in a timely manner.
If a voluntary insurance agreement has not been concluded, then the owner of the car that was damaged can write a statement addressed to the owner of the paid parking lot. With a high probability, you can count on the data from CCTV cameras, which will help you quickly find the culprit for the scratch on your car and resolve the conflict.
IMPORTANT
It is important that paid parking most often does not guarantee the safety of the vehicle, providing the owner with only a guaranteed parking space. These conditions are specified in the contract. If the document specifies responsibility for the safety of the car, then you can ask the parking lot management for compensation for damage caused to the car.
Features of actions
- hit another car while driving - call the traffic police;
- intentionally caused damage - call the local police officer;
- in any case, inform the insurance company;
- The damaged car must remain in its place until the police arrive.
Correct action as a result of a scratch on the car is a guarantee of receiving compensation for repair costs. To avoid getting into such situations, you need to park in a paid parking lot, where responsibility for the safety of the car is provided, and not park your car too close to others.
A car door was scratched in a parking lot
A scratch on a car caused by a carelessly opened door does not amount to an accident, since none of the vehicles was in motion. The simplest thing in such a situation is to try to negotiate with the culprit. If he refuses to compensate the damage voluntarily, then the injured party must do the following:
- call the local police officer;
- invite a representative of the insurance company (if you have a CASCO policy);
- write down the contact details of the person responsible for the incident;
- record all damage caused to the car using photos and videos;
- write a statement to the police demanding compensation for damage and identifying the culprit (if it is not known).
Additional information
If facts such as insult or psychological pressure occurred during the proceedings, then claims for compensation for moral damage can also be made. It must be admitted that cases of satisfaction of such claims in our country are quite rare, but there are still some facts.
If the cars received minor damage
We shuffled the car in the yard and drove off, what should we do? First, let's look at a situation where the accident resulted in a small scratch. This happens often, and it can happen anywhere, in parking lots and yards. As a rule, in such places, drivers often do not notice the moment of collision.
If someone scratched a stationary car and fled the scene of a minor accident , then his car will be put on the wanted list. Of course, provided that the vehicle's license plates are installed. If not, then the driver is lucky, but this rarely happens.
In general, the legislator has established a rather harsh punishment for such an offense, as mentioned above - this is the deprivation of a driver’s license. For minor damage, there is no criminal liability.
In this case, they are guided by the Code of Administrative Offences. If the culprit of the collision is found, he faces deprivation of his license for up to one year or administrative arrest for up to fifteen days . There is nothing pleasant here.
Expert commentary
Selivanov Alexander Andreevich
Lawyer, specialization civil law.
Ask a question
If there are objective reasons, you can avoid punishment; to do this, you should use the services of a law firm. A competent auto lawyer will tell you how to proceed.
OSAGO, if your car is scratched in the parking lot
If the car was scratched while one of the vehicles was moving, then we can say that a minor accident occurred. In this case, the MTPL policy guarantees that all costs of repairing the damaged vehicle will be reimbursed. To receive such compensation, you must do the following:
- fill out a notification of an accident in the form of a European protocol yourself or call traffic police officers to the scene of the accident;
- document the incident;
- notify the insurance company about the incident.
Attention:
If you fill out a European protocol, you must notify the insurance company within 5 days. If drivers called traffic police officers to the scene of an accident in a parking lot, then the victim has 3 years to appeal to the insurer for damages.
At the time of contacting the insurer, the victim must write a statement for direct compensation for losses. It will also be necessary to provide the car in the near future for an independent assessment of its technical condition.
Will the insurance company pay under compulsory motor liability insurance if the culprit has left?
Yes, but on the condition that the culprit who disappeared in the yard is found and identified.
In general, in such cases, the insurance company must comply with three important conditions:
- The license plate number of the car that hit the car parked in the yard has been identified. For example, a DVR recording or witness testimony is suitable for this.
- Insured motor third party liability for the car - that is, the owner of the vehicle or one of the drivers has taken out MTPL, and the insurance is not expired.
- No culpability on your part.
If the conditions are met, it is not so important for you whether the participant who fled the scene of the accident was found or not - you will receive compensation for damages from the insurance company in any case. As is usual in such cases, the insurer files a recourse claim against the driver who left the scene of the accident. And if it is not identified, then directly to the owner of the car.
Those who have a comprehensive insurance policy will receive compensation from the insurance company even without identifying the culprit’s car. The fact of the incident and damage to the vehicle is enough. That is, the victim needs to call the traffic police, draw up an accident diagram and transfer this information to the insurance agent.
My car was scratched in a parking lot, what should I do about CASCO?
CASCO is a type of insurance that in most cases contributes to the quick and painless resolution of the financial problems of the injured party. It is only important that this type of damage must be specified in the contract. If an incident involving a scratched car in an insurance parking lot occurs, the victim can choose one of three options:
- Register an incident without inviting a traffic police inspector. This is possible if the scratches on the car are minor. It is important that the contract must describe the types of damage that can be processed independently. To receive compensation, it is enough to contact only the CASCO insurer.
- Register an accident with the involvement of traffic police officers. This is what you need to do if the scratches were received as a result of an accident that occurred in the parking lot. The inspector will inspect the scene of the collision, confirm the fact of the accident, issue all the necessary certificates, with which the victim will go to the insurance company.
- Register an accident with the involvement of the police. This should be done if the emergency was the result of the intentional actions of an attacker. The protocol must indicate that the unlawful act was committed by a third party.
Additional information
If the guilty party is not found, then a month after the criminal case is closed, you should contact the insurance company for compensation for losses. If the violator of the order is identified, then all costs incurred will have to be recovered from him by going to court.
Instead of an afterword
When parking your car, try to do everything to avoid or at least minimize the possibility of damage to it:
- take into account the dimensions of your and other people's cars in the neighborhood;
- try to leave space between your car and the next car;
- make sure that your car is not parked under a tree, pole, or any other structure that could hypothetically collapse.
But if you still cannot avoid damage, try to remain calm and strictly follow the plan to establish the source of damage and receive compensation.
Good luck on the roads!
The car was damaged in the parking lot - what to do? ZR instructions
You scratched your car in the parking lot and saw it too late, what should you do?
There are situations when the fact of scratches on a car becomes known too late. Before getting behind the wheel, every driver is required to inspect the car and determine whether its technical condition complies with those specified in the rules. Of course, the presence of a scratch does not in any way affect the driving performance of the vehicle, however, the steps described above will help to detect a scratch on the car in a timely manner.
For your information
If it so happens that the driver nevertheless left the parking lot and only then noticed the scratches that had appeared, then with a high degree of probability the police will refuse to investigate this matter. A successful outcome of the event can only be if the policyholder does not need certificates to reimburse the costs of recovery after such an intervention. Of course, in this situation we are talking about CASCO.
Noticed late
If damage to the car caused in the parking lot is not immediately discovered, you can count on compensation for an accident if:
- The car was scratched, but the car remained in the parking lot. The fact is that, according to traffic regulations, the driver is obliged to inspect the vehicle before getting behind the wheel. Therefore, traffic police officers may refuse to file a case if the car was already driving after scratches appeared.
- A certificate from the traffic police is not required to obtain insurance. In this case, you need to contact the insurance company and report the damage.
You can also contact your local police officer for help getting insurance. If you do not have insurance and the person responsible for the accident is not found, you will have to repair the vehicle body at your own expense.
What should a citizen from the Russian Federation do if their car is scratched in a parking lot in another country?
An accident that occurs while on vacation abroad will discourage even the most experienced car enthusiast, even if these are scratches that the car received in the parking lot. However, everything can be fixed. The fact is that before leaving Russia, the car owner, just like in the Russian Federation, must insure his liability and take out a policy called a “Green Card”.
Belarus is a country that is no exception. It is possible to visit it without a foreign passport, but car insurance is mandatory. A less expensive, 30-day option is possible. “Green Card” is an international version of OSAGO. If it is available, the road accident registration scheme will be approximately the same as in Russia.
You will not be able to receive compensation under the Green Card for damage to your car. In the event of an accident, it is necessary to check with the at-fault party what insurance policy he has. If this is a citizen of Belarus, then the victim will have to contact his insurance company. If the culprit is not “local”, and in this accident is also the owner of the “Green Card”, then the injured party should contact the “Green Card” office in Belarus. During the preliminary call, the operator will tell you in detail about the necessary documents and the sequence of actions.
It is important that even if you are abroad, if you become an injured party in a minor accident, you must inform your insurance company about the incident.
How to find the person who scratched the car
If any damage is caused to the owner of the property, this will cause unpleasant emotions and experiences. It follows that any owner of a damaged car wants to find and demand legal compensation from the offender. What you can do on your own: walk around the parking lot, carefully study and look at the nearest cars.
Alternatively, working DVRs can be installed on them. Find the phone number of the owner of such a car and use materials from the DVR if necessary. Video recording can be carried out from nearby buildings and the parking lot itself - most entrances today are equipped with video recording devices. Analyze the area of the damaged paintwork for paint residues from the second car.
If you find out the license plate number of the offender’s vehicle, it will be easy to find it. Such a procedure, if the number is known, will take no more than a couple of hours. The absence of any information will delay the search for many months. If the damage is minimal, the search will end after 3 months.
Do not forget to remind the internal affairs bodies involved in the search for the violator about yourself, take an interest in the progress and results of the search. If law enforcement officers are inactive, file a complaint with the head of the unit or the prosecutor’s office. Negligence is a criminal offense!
Initiate your own search for the offender. Using social networks, forums, the press and other available sources, advertise. Chat with the residents of nearby apartments and the parking attendant. Visit nearby service stations. After receiving the report from the police officers, visit and find out at the nearest service stations whether they have clients for car painting in the near future. Using this method can help detect irresponsible motorists. Traffic police statistics report that this method is more productive in finding an intruder than a busy inspection. If you find the culprit, notify law enforcement officers who will draw up a report.
Nuances
To quickly and efficiently resolve issues related to your car getting scratches in a parking lot, you need to take into account some nuances:
- Do not leave the scene of the accident under any circumstances if you want to receive compensation payments;
- call the traffic police whenever you touch a second vehicle;
- return back as soon as possible if you had to leave the scene of the accident without noticing the scratch;
- try to negotiate with the culprit yourself - most often this method turns out to be the most effective.
It is also important that if at the time of the collision none of the cars were damaged, then the accident will not be recognized. The parties will have to leave because no damage has been done.
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Scratches from the door of a parked car next to it
This situation is also one of the most common. The drivers or a passenger from a car nearby, getting out, hit the door of the neighboring car and scratched its body.
Let's say right away: this is not an accident. Because it did not happen while the vehicles were moving. And such an event has 2 resolution options. The first is an amicable one, when the victim agrees with the culprit right on the spot about reasonable compensation for the damage caused. And the second, when you have to call the local police officer, photograph the damage, establish the identity of the “pest” and then go to court.
Who should look for the escaped culprit of an accident?
This will be done by traffic police officers. The chances of catching a fugitive are, of course, slim, but you must call the police, otherwise you may lose your license because you left the scene of the accident. Of course, that you will be charged for this - the chance is almost zero, but good people (witnesses), unwittingly, can set you up, unsuspecting, by calling the traffic police after the fact. Let us repeat, the chance of this is microscopic.
photo: flickr.com
But the saddest thing is not this, but the fact that by losing sight of damage from a collision, you are actually depriving yourself of the opportunity to receive insurance payments for an accident; you will definitely not have a complete package of documents in your hands either for the insurance company (the insurance company that provides mandatory services insurance, there will be grounds for refusal to pay), nor for the court, if suddenly the violator is found.
Paid parking: is there a chance?
There are more chances here, and compensation for damage can be obtained from the owner of the parking lot where your car is located. But you should remember that you need to act strictly within the law and you need to get all the required documents in hand, for which you need:
- draw up a damage report by contacting the parking lot employees;
- call the police to record the damage;
- contact an expert and conduct an examination to assess the damage caused;
- write a written complaint addressed to the owner of the parking lot;
- by registered letter with acknowledgment of delivery (this is important for the evidence base that such a letter was sent) notify the parking lot representative about the incident.
The operation of parking lots is regulated by the Rules for the provision of parking services. They were approved by the government on November 17, 2001 (N 795)
If the owner of the parking lot does not want to be held accountable for the provision of services of inadequate quality, this is a reason to go to court. Previously compiled documents will be evidence in court. This is why it is so important to collect them first.
Earlier, on the pages of Rossiyskaya Gazeta, this issue was considered through the prism of the decision of the Supreme Court, the following conclusion was made:
“According to the law, a professional custodian, such as a parking lot, is exempt from compensation for damage only if he proves that the damage was caused by “force majeure circumstances” or if the damage occurred due to “properties of the thing that he could not and should not know about.” "
RG material from 2021 “Spark in the gas tank”
How can you understand that there was a collision with a car if the latter fled?
To understand that the collision was caused by a car, take a closer look at the abrasions or scratches - there should be pieces of foreign paint or the abrasions will have a different color. Also, on a number of parts, on bumpers for example, characteristic marks remain from a car that got caught during maneuvers:
photo: flickr.com
It is possible that fragments of a headlight/taillight or other freshly torn elements will be scattered around the accident site, take a closer look. If there are suspiciously clean parts near the impact site, this is an obvious accident.
What to do if you have CASCO insurance?
It would seem that all you need to do is call your insurance agent and ask for money. But we dare to assure you that there may be pitfalls here too.
photo: flickr.com
Check whether the vehicle storage conditions were violated - for example, the contract may stipulate that the vehicle must be stored in a guarded parking lot at night. Thus, damage to a car parked near the house, if the terms of the contract were violated (no matter for what reason the damage occurred), will not be recognized as an insured event.
The information collection algorithm is similar to that previously announced: the more information you collect, the easier it will be to obtain compensation.
Having received all the necessary documents, certificates and materials, you should submit a written application for damages to the insurance company, attaching all the required documents. Typically their list includes:
- a copy of the passport of the owner of the vehicle or his representative;
- available video materials and photographs from the scene of the incident;
- copies of STS and PTS.
Is there anything that can be done before the traffic police arrive?
Can. The next step in solving the mystery (what if you get lucky?) is collecting evidence. While you are waiting for employees, try to walk around the nearby yards. Perhaps the offender’s car is hidden, figuratively speaking, somewhere in the bushes. This is how the fugitives' cars were actually found. Therefore, it should not be neglected.
Ask neighbors, grandmothers on the bench, employees of stores, enterprises, etc. to find out if they saw anything? Maybe they remembered the offender’s car with the license plate? There is also a possibility.
In general, look, all this data will be useful during the trial. Any relevant information must be passed on to arriving staff. And if you suddenly find a car with similar damage and color, write down the license plates, take photographs of the car, in particular the damage and license plates, and notify the staff. They will check the information.
What to do if the damage was caused by a third party?
Everything is more complicated here. And the chances of success are less. As we already wrote above, if the damage was allegedly caused by third parties with or without intent, you need to call the local police officer. Scratched by a nail, a cart, left a dent by the door when getting out of the car in the parking lot - there can be many options for causing damage.
photo: www.pinterest.com
The policeman will register the fact, and then the search for the “needle in a haystack” will begin. It will be very difficult to find a hooligan or a person who accidentally damaged a car, even with the participation of professionals. Just like with the road accident in the previously described example, CCTV footage and witness statements will be required.
But if the car has identification marks and most observers will understand that an accident has occurred, then with a single case of damage (unless, of course, the car was burned), it is unlikely that anyone will thoroughly investigate (the exception is when the pest systematically creates problems for motorists , collective complaints work much more effectively).
The collection of information is carried out similarly to the example outlined earlier.
By the way! If there are suspicious objects next to the car: a hammer, a screwdriver, fittings, etc., do not touch them, perhaps these are weapons of crime, and the damage to your car is only the result of an attempt to take possession of your property or valuables in the car.
One example of such destructive behavior among fellow citizens:
Compensation for material damage in this case will occur within the framework of a trial, at which the citizen’s guilt must be proven and obligations to pay material compensation must be imposed.