If the car was damaged while it was parked, you need to:
- Determine whether the offender has an insurance policy.
- If both parties have insurance, and the car has minor damage, you can arrange everything yourself according to the Europrotocol. As an example, a defect was caused in the paintwork of a neighboring car in the parking lot when the doors were opened.
- If your car has suffered serious damage, contact the Ministry of Internal Affairs or, alternatively, a local police officer.
- While you are waiting for the Ministry of Internal Affairs officers, take a photograph of the vehicle (vehicle) - both personal and the offender.
- When law enforcement officers have recorded the event and compiled the relevant materials, you have the right to resort to the help of insurers.
For intentionally causing this kind of damage to a vehicle, according to Article 167 paragraph 1 of the Criminal Code of the Russian Federation, a fine of up to 40,000 rubles or up to 360 hours of labor, or correctional labor for up to a year, or imprisonment for up to 2 years is expected.
For intentionally causing damage to a car in the yard - the law assumes similar liability, it is qualified under Article No. 167 of the Criminal Code with all the proposed punishment options (listed above).
If you unintentionally damaged the paintwork of a neighbor’s car and the action was accidental, then it is not classified as a criminal offense, and accordingly, insurers will make the necessary payments.
Who to call if you scratched your car and ran away
If the paintwork of your vehicle is damaged, first of all, notify the traffic police about the accident, take photographs of the vehicle and the location of the incident.
Damage is identified first. The owner should determine the nature of the damage and whether it was caused intentionally. Glass is broken to steal property, paintwork is damaged, lighting optics, mirrors or wipers are removed.
The nature of the defects caused should be distinguished. Damage to paintwork in a parking lot by another vehicle - the event is registered as an accident. If the offender escapes, the traffic police will put him on the wanted list. If the car was damaged at the hands of thieves or hooligans (glasses and headlights were broken, upholstered with paint, painted, the paintwork was damaged) - contact 02 and ask to appear at the place of the local police officer or other law enforcement officer.
The police draw up a report and the victim receives a copy of it. A complaint about hooliganism or theft is filed. If the violator is caught by video recording devices and noticed by witnesses, he will be wanted. When a criminal or violator is caught, a documented fact of the offense must be provided - a copy of the protocol.
Replacing monetary compensation with repairs
If, when concluding an insurance contract, a condition is stipulated for the car to be repaired at a service station accredited by the insurer, then compensation will be made by restoring the vehicle.
Is it profitable?
When taking out a policy, choosing to have repairs at a service station will give the policyholder the opportunity to save on CASCO insurance. In addition, you will not need to pay extra for installing new spare parts on a used car.
If an insured event occurs, repairs directed by the insurer may ultimately take longer than the payment of compensation in monetary terms.
The car was scratched, what OSAGO says
The amount of insurance compensation is determined by the type of insurance of a particular vehicle.
The MTPL policy will not compensate for damage from scratches, especially those left by an unknown object; restoration is paid for by the owner of the damaged car personally.
When you damage the paintwork of another vehicle, OSAGO will not help, because provides for the payment of compensation only to the victim. The same applies to the situation when the initiator of the accident fled.
A CASCO policy helps to deal with such situations much easier. For example, in the parking lot or in the yard you discovered damage to the paintwork of your vehicle and there is no one nearby. If your existing policy contains the column “payment without certificates,” go to the insurers and submit an application for compensation of costs.
When the existing insurance contract does not contain such a record, the local police officer is called and the incident is recorded according to the established rules. Receive all the certificates and you will be able to apply to the insurers for the provided compensation.
Interpretation of situations
A situation where a child scratches a car can be interpreted differently depending on the situation. It is quite difficult to guarantee anything in such cases - it requires studying a specific fact. Sometimes the main thing is to focus on making amends. Sometimes you have to devote strength to defending your own rights and freedom. Here are average situations in which different laws apply.
Bicycle accident, car was moving
If a driver is looking for a solution to a problem where a child has scratched a car with a bicycle, there are several factors to consider.
Was the car moving? Then you need to look at the position of the vehicles. Traffic rules regulate traffic in the yard to a minimum extent. Please note that the traffic rules recognize a bicycle as the same vehicle as a car. Therefore, do not make the common mistake of not considering a cyclist to be a traffic participant with the rights of a pedestrian.
The priority of movement depends on its direction. Anyone leaving the yard is obliged to let those moving along the road pass. There is no difference whether you need to turn left or right - in fact, the person leaving is on a secondary road, you will have to wait. Therefore, if you were moving along the road and a cyclist flew out of the yard, then you are not to blame for the accident.
If you need to enter the yard, you will have to wait for everyone - both those moving along the road and those leaving the yard. A situation in which a motorist drives into a yard and crashes into a cyclist who is leaving it is clearly interpreted as a violation of traffic rules and guilt in the accident is recognized.
If we are not talking about leaving or entering, then you need to be guided by safety rules for drivers of both vehicles and common sense. If an accident occurs in such a situation, then you will have to call the traffic police and figure out who is to blame. There are no guarantees.
Bicycle accident, car parked
Was your car scratched while it was parked? Did a cyclist lose control and hit a stationary car? Most likely, he will be found guilty. But you need to carefully study the traffic pattern - perhaps the motorist left the vehicle in the wrong place - accordingly, he will be recognized as violating traffic rules and will be issued a fine. The court will decide whether the person who caused the damage will be subject to a debt for restoring the car.
Accident with a pedestrian, the car was moving
Unfortunately, situations arise when motorists experience serious problems due to the pranks of children. For example, a car moves around the yard at minimum speed, the driver carefully assesses the situation. Suddenly children appear in front of him. The driver brakes sharply - the car is slightly scratched, the pedestrians are damaged.
In such an incident, the driver will most likely be found guilty - the rules clearly state that the car must move around the yard at a minimum speed. Hitting a pedestrian and causing damage means he chose the wrong speed.
Pedestrian hit parked car
If the car was parked on a yard road, the owner was driving with the engine running, and children scratched the car, then you may have to defend your good name. According to the rules of road accidents, the situation in which the car was moving is recognized - i.e. if a pedestrian simply fell on a stationary vehicle, this is not an accident. But if the children’s parents claim otherwise, they will have to prove they are right.
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.
Procedure
- The first thing you need to do is contact the police or traffic police, and also inform the insurer about the occurrence of an insured event. A written application to the insurance company is submitted within the period stipulated by the contract (for example, within 5-7 days). If you have the right to file such cases without certificates, then you can immediately go to the insurance company after discovery.
- Next, the expert examines the car and draws up an inspection report.
- After this, documents for payment are submitted. If you have chosen an insurance program that does not require any certificates for such minor damage, then an application, copies of title documents and a vehicle inspection report will be sufficient.
Please note that this option is not available in all CASCO agreements. But large insurance companies prefer to include it in almost all normal auto insurance policies. True, there are also restrictions in this regard: compensation is no more than 3% of the insured amount and no more than 1-2 times a year.
Who to contact if your car is scratched in the parking lot
The vehicle was damaged in the parking lot, the culprit was waiting for you.
You are lucky - few of the culprits wait for the owner of the damaged vehicle on the spot. First of all, find out and record the personal data of the person who caused the damage: full name, contact information, number and make of the vehicle. Take a photograph of his car with the license plate in the frame.
If both parties to the incident have an insurance policy and the damage is minimal, it is possible to file an accident in accordance with the European Protocol without involving law enforcement officials. If we haven’t reached a consensus, we resort to involving law enforcement officers. After registering an accident according to the European Protocol or with the help of representatives of the traffic police, go to the insurers for the required compensation for damage.
What measures should be taken
If the culprit of the accident showed conscientiousness and waited for you, report the accident, take photographs of the car and the scene of the incident, and call the State Traffic Inspectorate. You can also file an accident using a European protocol, which greatly simplifies the situation in the following cases:
- no more than two cars are involved in the incident;
- there were no casualties;
- the drivers came to a mutual peaceful agreement;
- the amount of damage does not exceed 50,000 rubles;
- both participants in the incident have insurance.
How to fill out the form correctly, what the sequence of actions should be when drawing up a European protocol and about all its nuances, read our article.
What to do if the culprit escaped?
Damage to the paintwork in the parking lot, the culprit escaped.
A common situation is that motorists overlook minor incidents. In any case, with such an unfortunate incident you remain face to face. Finding the culprit in such situations often does not yield results. Inform the traffic police and wait for law enforcement officers. They will record the damage caused, but don’t really count on their assistance in the search. If you have a CASCO policy, contact the insurers, attaching documents received from law enforcement officers.
Otherwise, try to find out what you can on your own. Maybe there are video cameras installed in the parking lot, which capture the parking spot. Talk to the guard: maybe he will remember who parked the car next to you. If you find a violator, go with confirmation to the regional traffic police department. A motorist who fled the scene of an accident gets 1.5 years.
Our specialists will be able to understand and analyze your situation in detail, as well as give preliminary advice.
- Automotive lawyers and accident lawyers
Conflict resolution without scandal
If in this situation you are the injured party, how to solve everything and where to start? The main thing is that the person who damaged your car turns out to be decent. This is the key to a successful resolution of the situation. First of all you need:
• Get to know each other while holding back your emotions.
• Take pictures of the damage.
• Call the traffic police.
It is necessary to choose a solution that is beneficial to both parties before making a call to the traffic police. After all, if your car was simply scratched in the yard, there are several scratches or other mechanical damage, the best option would be to agree among ourselves.
An important point is the scope of work of the traffic police service. They deal with larger issues, on roads, highways, parking lots and roadsides. If you were hit while reversing and the bumper was slightly crumpled, you should not call the traffic police. Especially if the culprits are ready to pay for everything and repent of the incident.
According to the innovations, departure with registration of an accident occurs only if there are injuries or death.
Absence of the offender after the damage has been caused
The development of events can be completely different. If the culprit for your damaged fender/bumper/hood/trunk has been found, that's good luck. If you leave the house early in the morning and see a blatant act of hooliganism on personal property that you have been saving for, you need to breathe out and sort it out.
Assumptions regarding the fact that you were hit by another car are always noticeable. These are quite typical damages: dents, large layers of paint chipped off. This is a good reason to call the relevant authorities. You definitely need to take a photo.
To avoid misunderstandings with representatives of the law, check that your parking is correct, because this is a rather large fine. But you can’t rush around looking for another parking space, this can radically change things.
If these are significant scratches, take a close look at them. Based on the height and width, you can make assumptions about the type of car that created the problem. There are times when the initial examination of scratches can provide evidence in the accusation (small traces of someone else's paint may remain).
Safety measures when parking a car. How to avoid problems
Try not to break the rules and always take measures to avoid trouble:
Choose paid parking. As a rule, it is guarded, fenced, illuminated, protected and equipped with external video surveillance cameras. This is the key to solving any machine safety problem.
When it is not possible to pay for a parking space in a protected area, park your car carefully in the yard. It should not block the entrance to other vehicles; to avoid scratches, you should not park next to the neighboring one.
If you need to leave your car parked for a long time, leave the phone number under the wiper or on the inside of the windshield. This will protect you and your mood from unflattering words about wrong actions (you won’t be nice to everyone). If there is an accident involving your car, a decent driver will be able to inform you about it personally.
If the area is poor, leave the recorder on.
Cases where the culprit of an accident is not a person, but a malfunction of equipment, are much less common than the other way around. It’s always worth remembering that even if you know the rules of the road perfectly, drive confidently for many years, this will not protect you from novice drivers who have not even fully mastered the parking rules.
