Hit a car in the yard - what to do? Full instructions

Parking a car in the yard is always vulnerable: there are no conditions for safe parking, and very often cars entering and leaving do not have room for normal maneuver. As a result, microaccidents often occur when one car hits another, causing minor or significant damage.

What should you do if, while parking or leaving, you scratched someone else’s car in the yard? How to properly solve the problem that has arisen? Which methods are legal and who should pay for the damage?

They hit my car in the yard and drove away - what should I do?

You don't need to invent anything yourself. The algorithm of actions for situations when you find damage to a car parked in the yard or in the parking lot has long been described in the legislation. They must be adhered to.

Explanations about the procedure are given to us by paragraphs 2.5, 2.6 and 2.6.1 of the Traffic Regulations - and the driver’s responsibilities include:

Do not move the damaged vehicle or drive it away from the scene of the accident.
Turn on the emergency lights and put up a warning triangle.
Record scratches and dents using photo and video recording.
Remove the car from the road if it interferes with the passage of other vehicles (but only after fixing damage to the vehicle).
Find eyewitnesses of the incident, write down their contacts for further actions to identify the culprit of the accident.
Provide first aid to victims, if any. If you are seriously wounded, call an ambulance or send the victims by passing car to the hospital.
Contact the traffic police and report the accident, ask them to come to register the accident in the yard.

The last point is not suitable for all situations. The law also allows for another scenario - when the victim and the perpetrator of an accident agree not to contact the police. In this case, both drivers can draw up a European protocol or issue a receipt for damages. This is already particular. We'll look at them a little later.

Is this considered an accident?

Yes, sure. But you need to look at the source of the damage - sometimes the incident does not fall under the criteria of a traffic accident.

Let's see what is meant by the term “road accident” from the point of view of the law. The definition can be found in paragraph 1.2 of Federal Law No. 196 On Road Safety:

So what counts as a traffic accident in 2021? One car is parked in the courtyard of a residential building, and another car crashes into it as a result of an incorrectly calculated maneuver by the driver or failure to comply with the dimensions. It is obvious the fault of the one who was driving the second vehicle and was in motion until the moment of the collision. Damage – scratches, dents, chips, damage to the fender or mirrors of the first car.

But the situation may be different. A car leaving the parking lot brushed the car behind it, but there were no signs of damage. Should this contact be considered an accident? No! An important factor in a road traffic accident – damage to the vehicle – is missing.

More examples when a car hit is not an accident:

snow falling on the car,
a tree falling on the hood,
damage to a vehicle by drunken hooligans,
The child scratched the car door.

The listed events relate to property damage. For such acts, administrative and criminal liability is provided depending on the amount of damage. The issue is resolved not with the traffic police, but together with the district police officer and the court. The child’s parents, the management company or HOA, the organization, and third parties will have to answer.

Is it worth going to the police?

Often drivers, finding themselves in the situation described in our article, ask themselves the question: “Maybe they won’t find it?”

Yes, sure. Maybe they won't find it. However, in the era of technological progress, when surveillance cameras and passers-by with smartphones are everywhere, hoping for such a development of events means counting on chance.

Our opinion is that it is better to come to the traffic police and report an accident, subject to thorough preparation and prior consultation with lawyers or attorneys.

After all, as mentioned above, you can find a decent way out of many situations. At the same time, keep your driver’s license and avoid other measures provided for by law for violators of law and order.

If the driver left the scene of the accident and decided to hope for luck and luck, then you need to remember that the main thing that needs to be proven is the unintentionality of his actions.

That is, the fact that the accident site was abandoned was not intentional and for objective reasons. Otherwise, responsibility cannot be avoided.

The information contained in this article highlights the complexity of the situation. It is obvious that you cannot do without the help of specialists in legal matters.

Is it possible to leave before the traffic police arrive?

No, it's prohibited.

If you hit someone else's car in the yard, leaving damage on it, and then fled the scene of the accident, you face one of two sanctions under Art. 12.27 Code of Administrative Offenses of the Russian Federation:

deprivation of a driver's license for a period of 1 to 1.5 years,
arrest for up to 15 days.

Does this apply to you as the owner of a damaged car? No. If you were not driving a vehicle at the time your vehicle was hit by another car, then you are not a participant in the traffic accident. This means that you cannot face deprivation of your license or arrest for leaving the scene of an accident. After all, minor damage anywhere on the bumper is difficult to detect immediately. Especially at night or in winter, when there is a layer of snow and dirt on the car.

The culprit, if he fled the scene of the incident, also faces recourse from the insurance company. Simply for the very fact of leaving the scene of an accident. This is stated in paragraphs. "g" clause 1 art. 14 Federal Law On Compulsory Motor Liability Insurance. You will have to pay for damage from a collision in the yard out of your own pocket.

In Pervouralsk, the driver polished someone else's car in the yard and then fled the scene. They found him and established his guilt. The court sentenced the offender to 2 days of arrest (Resolution No. 5-1886/2020 of September 24, 2020).

Nuances

In practice, children or animals can cause damage to a car in the yard. Usually the situation does not arise out of malicious intent. When playing with a sharp object, children can hit the car. Part 1 of Article 1073 of the Civil Code of the Russian Federation states that their parents are responsible for harm caused by minors under the age of 14 years. Therefore, a driver whose car was scratched by children in the yard must contact the child’s mother or father with a demand for compensation. If a person refuses to pay compensation, legal proceedings may be initiated.

Is it necessary to call the traffic police crew?

No, unless the situation requires the presence of the traffic police.

The police are needed in all cases when you find damage to a parked car, but the culprit fled the scene of the accident without permission. To register the event, you will have to call the traffic police crew. Of course, if you want to recover damages and don’t give up on minor scratches.

But if the other driver waited for you and does not deny his guilt, you can do without the participation of authorized traffic police officers. Both parties - the victim and the culprit - must draw up a notification about the accident. In common parlance it is called the Europrotocol.

Rules for drawing up a European protocol

Registration of an accident using a European protocol is a simplified procedure for recording an incident on the road. It appeared in 2009, and is now an alternative for event design by the interested parties themselves.

However, the simplified procedure for recording an accident is not suitable in every situation. In 2021, all conditions must be met simultaneously:

Collision between two vehicles.
No harm to the health of people, including those involved in the incident (abrasions on the knees and a broken nose already require calling the traffic police).
Both drivers have compulsory motor liability insurance.
The amount of damage does not exceed 100 thousand rubles - for the usual issuance of a notification about an accident, or up to 400 thousand rubles - when issuing a notification and photo through the mobile application "OSAGO Assistant".

If all four points are met, participants in the incident can fill out an accident notification form in paper or electronic form. One copy will remain with you, as the injured party, and the second will be taken by the culprit. Based on the notification of the accident, the insurance company will compensate for the damage to the car.

Traffic rules in the parking lot

The same rules apply in parking lots and residential areas as on the road. Without markings, signs or traffic lights, drivers adhere to five basic rules.

Exit from a secondary road. If a driver leaves a parking lot or local area on the main road, he must let everyone who moves along it pass. This is stated in paragraphs 13.9 and 8.3 of the traffic rules.

Interference on the right. The driver yields if the other participant is on the right.

Priority when going uphill. If parking is not on level ground, you must yield to the driver who is driving uphill.

Speed up to 20 km/h. In residential, bicycle and courtyard areas it is prohibited to drive faster than 20 km/h. When investigating parking lot accidents, inspectors often refer to this rule.

Alcohol-free. Sometimes it happens that a car owner, after drinking a little, decides to repark the car - for example, because his usual place has become vacant. You can't do that. The rule against driving while intoxicated also applies in parking lots.

Traffic police do not want to go to the scene of the accident - what to do?

Very often, in response to a request to come to register an accident, drivers hear from the traffic police officer on duty a counter-request - to register the incident without the police, using the European protocol. This proposal is fully consistent with the requirements of paragraph 284 of the Administrative Regulations of the Ministry of Internal Affairs. But this is not a requirement!

What to do? You can inform the duty officer that you do not have any writing utensils or paper with you to fill out an accident report. Insist that a traffic police crew go to the scene of the accident. However, the police can travel quite a long time. Sometimes even half a day if it happens in a large city. And here, alas, there is nothing to be done. All that remains is to wait for the crew to arrive.

It’s worth mentioning one more subtlety that not all drivers know about. Having learned that snow has fallen on your car, a tree has fallen, or someone has broken your side window with a stone, the traffic police officer on duty will redirect you to the police department - and he will be right. Incidents with damage not caused by another vehicle are registered by the district police officer, not by traffic police officers. And you need to call 020 or immediately call the local detective.

How to find the culprit if he fled the scene of an accident in the yard?

Not all drivers are conscientious and remain at the scene of an accident after being hit by someone else's car. Some of them go on the run. Including panicking that he would have to answer for his actions to the owner of the wrecked car.

It is logical that in this case the victim needs to contact the traffic police and file an accident. After this, the car of the person who left the scene of the accident will be put on the wanted list. But, as practice shows in 2021

year, they are looking for only on paper. Traffic police officers are often lazy to do their jobs. Often they do not have time for this due to being busy with other things. Therefore, it is advisable for the owner of a car damaged in the yard to start searching for the intruder himself.

Where and how to look for the culprit - instructions:

Look around the car for street surveillance cameras. They can hang above the entrance, near a store, school, office, restaurant - if the objects are located on the territory of the courtyard. Perhaps the camera lens is “looking” at the scene where your car was scratched and fled.
Look for dash cams in cars parked nearby. Suddenly there is a car standing opposite, whose recording device recorded the moment of damage to your car.
Ask neighbors and eyewitnesses to the incident. Children playing in the yard, old women on a bench, the owner of the dog, janitors - all these are potential witnesses whose testimony can help identify the culprit of the accident. Even at night or early in the morning.
Inspect the damage to your vehicle for remaining paint from another vehicle from the incident. This way you can at least find out the color of the car of the missing driver. Clear tread marks on the asphalt are also good clues.
Take a look at your nearest car repair shops. Suddenly they were contacted for a minor repair service within the last few hours/days.
You can inspect parked cars in your and neighboring yard. Characteristic damage consistent with what remains on your car can be very useful and indicate a potential attacker.

But finding the right camera or car with a DVR is not a guarantee that they will immediately give you a recording. If we are talking about an establishment, it is better to ask the owner to save the record you are interested in for 3-5 days. Report the found camera to the traffic police inspector who is handling your case - he will make an official request to this organization and seize the video recordings for subsequent study.

The culprit has been found – what next?

Suppose the search bears fruit, and you (or the traffic police) identify the car that hit yours in the yard. Further actions will be aimed at establishing the guilt of the driver behind the wheel.

The difficulty is that this is not so easy to do. The DVR recording will capture the license plate number of the vehicle, but may not record the identity of who was driving the car at the time of the collision with a stationary car. Witnesses also may not have been able to see the driver's face at night.

Then the owner of the car will be called to the traffic police for analysis. It is possible that he will clarify the situation. For example, he will indicate that his brother or even himself was driving. If so, then you have an excellent chance of receiving compensation for damages under MTPL. More on this below

Remember

In a parking lot, the driver gives way to another traffic participant if he is on the right or going uphill.
If the driver leaves the yard, he gives way to others.
In case of an accident, call the traffic police or fill out a European protocol.
If the accident is minor, the culprit can set fire on the spot and take a receipt from the victim.
If it is not clear who the culprit is, be sure to call the traffic police. This can be clarified during the analysis, or, as a last resort, go to court.
If the culprit of the accident escaped, try to find camera footage and contact the police.

All articles by the author: Evgeniy Lesnov

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.

What should I do if I scratched someone else's car in the yard?

You yourself may well be the culprit of an accident that damages someone else’s car. It doesn't matter if it's a minor scratch or a serious dent with hidden defects. The main thing is to follow the procedure in such cases.

Algorithm of action if you hit someone's car in the yard:

Stay where you are and do not drive away from the scene of the accident.
Put up a warning triangle and turn on your hazard lights.
Take photographs of the scene of the accident and the damage left from the contact of the two vehicles. Remove your car if it interferes with the free passage of other cars in the surrounding area.
Look on the damaged car for notes with contact information for its owner. Perhaps such a piece of paper is pressed against the windshield by the windshield wipers. Or the owner of the car indicated a phone number behind the rear window.
Gently kick the car's wheel to set off the alarm. If it worked, the owner will go down to his car.
Ask people walking nearby. It is possible that they know whose vehicle you hit. Neighbors can give you the phone number or apartment of the owner of the car.

After the owner of the vehicle shows up, you can begin to solve the problem. Usually in this case a European protocol is drawn up.

If the search does not lead to anything, you will have to call the traffic police and wait for their instructions. For example, you may be asked to record the incident and drive to the nearest traffic police post for registration. This will not be considered hiding from the scene of an incident. Even if the owner shows up immediately after you leave and calls the police. Evidence in your favor will be a recording of a telephone conversation with the traffic police officer on duty.

If you didn't notice and left

It happens that as a result of a maneuver, the driver does not feel or notice the damage to someone else’s car. However, the unintentionality of leaving the scene of the accident will have to be proven. And there are difficulties with this in 2021.

And here's what the scenario could be:

You did not immediately notice the impact and drove away from the scene of the accident. But after some time they discovered the damage and still returned to the yard or parking lot. If there are no traffic police officers yet and the incident has not been registered, there is a chance to avoid deprivation of rights under 12.27.2 of the Administrative Code. But you will have to contact the victim or call the traffic police to call the crew.
Some time after the incident, which you simply did not notice, you were contacted by the traffic police or the court. In this case, you have the responsibility to prove that you left the scene of the accident without intention. Such evidence can be a video recorder from your car (if available). Example from practice: The Supreme Court of Moscow overturned the decisions of lower courts to deprive the driver of his rights under Part 2 of Art. 12.27 of the Code of Administrative Offenses due to the lack of proof of the circumstances of the case (Resolution No. 5-AD19-256 of December 17, 2019).

But most often in such cases, the courts still deprive a driver’s license for leaving the scene of an accident after hitting someone else’s car.

Is it possible to leave a note and leave?

Lawyers do not advise resorting to this option. It does not guarantee that you will not be found guilty of leaving the scene of an accident.

You can leave a note only if you are in a hurry and you know the owner of the damaged car well. For example, this is a neighbor in the stairwell or a work colleague. Just in case, take a photo of the note or record a video on your phone.

In other cases, the note can play a cruel joke on you. For example, the victim will be an extremely vindictive person. Instead of contacting you at the phone number indicated in the note, he will call the traffic police and complain to the arriving inspectors that you allegedly left the scene of the accident. He will also lie that he saw your escape with his own eyes. And then you face arrest or deprivation of rights under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation.

Even if the victim is quite reasonable, he may not find your note. For example, due to the fact that you did not secure the piece of paper well and it was blown away by a gust of wind. Or someone will pull out a note from under the car's windshield wiper. No one will know that you honestly left your contact information to the victim. And again there is a threat of deprivation of rights for leaving the scene of an accident.

If I don't have MTPL

If you, in principle, do not have compulsory motor liability insurance, but you damaged someone’s parked car, two scenarios are possible:

An agreement with the victim on compensation for damage is based on an agreement and a receipt for the transfer of money.
The victim assesses the amount of damage and sends a claim to the guilty party. If the money is not paid, the victim goes to court. And the court issues a decision that comes into force. Further collection of debt from the defendant (the culprit of the accident) will be carried out by bailiffs.

Anyone who hits someone else's car and is not included in the MTPL policy faces recourse from the insurance company. First, the company will cover the damage to the victim in the accident, and then will recover the entire amount paid from the culprit - by virtue of paragraphs. "d" clause 1 art. 14 Federal Law On Compulsory Motor Liability Insurance. For you, as a victim, this is a completely favorable situation. You will receive the money, but further worries will fall on the shoulders of the insurance company.

If a passenger opened the door and hit someone else's car

According to general rules, a careless action involving opening a car door and damaging a nearby vehicle is not considered an accident. But, again, it all depends on the specific situation:

The car was moving and the passenger opened the door while moving, hitting someone else’s parked car - such maneuvers are prohibited by clause 5.2 of the traffic rules, and the event itself is an accident. Damages must be recovered from the one who carelessly opened the door. If it was the driver, then his liability is insured under MTPL, and the insurance company will pay the damage to the victim.
Both vehicles were parked, but as a result of opening the door, a parked car nearby was damaged - this is no longer an accident, since neither vehicle was moving.

The liability of the passenger who opens the door is not insured. The MTPL policy does not cover the event that occurred. The passenger will have to compensate for the damage. Moreover, both car owners - the one whose door was open, and the one whose body was damaged as a result of such an action.

If the victim has Casco, the insurance company will compensate for the damage. The main thing is to report the accident and determine the damage to the vehicle.