I hit a car in the yard and drove away, consequences, what threatens in 2021, responsibility and punishment

Every day there are more and more cars on the roads. The number of road accidents is certainly growing. Of course, there are disproportionately more minor accidents, and many of them are ridiculous accidents.

In addition, it often happens that the culprit of the accident hit a car in the yard and fled the scene of the accident, without even noticing that he hit a car standing nearby. Accordingly, he did not stop, did not turn on the hazard warning lights, and generally did not take any measures that he should have taken in such a situation.

However, it does not matter whether the driver noticed the moment of the collision or not, his action will be considered from the point of view of the law. And it turns out that if a neighbor tampered with the car and drove away, there is an administrative penalty for this. We'll tell you which one in this article.

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.

Useful tips

do not leave the scene of the accident , even with minor damage;
call the traffic police whenever you touch another car, if there is even the slightest damage, even on just one car;
come back as quickly as possible if you do leave;
try to reach an agreement with the victim - this is a guarantee of a successful outcome for you, no matter how the situation develops after leaving the scene of the accident.

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.

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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.

I hit someone else's car - what should I do?

If someone else's car is hit while moving around the yards, you should try the following actions:

View the windshield to identify the car owner's contacts.
Knock on the wheels to trigger the alarm and attract the owner's attention.
Interview nearby people to see if they know the owner of the car.

If none of the methods is successful, then you will have to leave all your affairs and call the traffic police yourself. The police dispatcher will provide further instructions, for example, asking you to take photographs of the damage and to report to the police station to formally document the accident.

You should never just leave a note on the damaged car with your contacts, but you need to call the traffic police and formalize the incident. Only in this case can you avoid deprivation of your rights, because the owner of the hit car may not call you, but call the employees instead of you.

Cases of road accidents causing harm to health

It must be said that if in the first case, the police officers do not look too zealously for the culprit of the collision, then if harm is caused as a result of an accident, the search will become more serious.

Here it is already quite acceptable to use the Criminal Code of the Russian Federation. Moreover, if the driver fled the scene of the accident, but was sober, and there are no other aggravating circumstances, then he faces up to three years in prison.

Under such circumstances, much depends on what the person responsible for the accident will say when he meets with the police. What reasons will he give as justification for leaving the scene of the accident?

In any case, in this situation you need to consult with a car accident lawyer. Because finding the necessary arguments in order to avoid criminal punishment is not so easy.

Without fail, it is advisable to analyze the event of a violation, build a strategy and thus prepare for further actions.

It is important to know! It is unacceptable to delay the resolution of such issues.

If the culprit has not left, what should I do?

If the culprit of the accident does not leave and fully admits his guilt, then the rules allow the solution of the material issue on the spot. To do this, the parties need to draw up a European protocol and sign the document. In the future, the victim has the right to contact the insurance company directly and demand compensation for damage.

Important! A European protocol under the new rules for registering road accidents must be drawn up - even if you have agreed on direct compensation for damage by the culprit. You simply won’t need to take your form to the insurance company and declare it (otherwise there will be unjust enrichment). The Europrotocol can only be concluded in case of an accident, the damage from which is less than 400,000 rubles for Moscow and St. Petersburg or 100,000 rubles for other regions. Otherwise, the parties to the conflict will have to call the traffic police.

How can the culprit avoid punishment?

Again, the answer to this question can only be given after a detailed study of the situation.

So, when an absurd accident occurred, the damage was insignificant, then, first of all, it should be argued that the driver did not notice the moment of the accident, did not feel the impact and collision.

The main thing is that the police officers who registered the accident classify the events correctly. If the driver came to the traffic police on his own, this in itself does not mean that he noticed the collision and is guilty.

It should be explained that after stopping and getting out of the car, I noticed damage to my car and decided to contact the police.

And in no case can you say that you were scared or confused, and that’s why you fled the scene of the accident in a car. The punishment in any case will be more lenient for an unintentional offense.

If the damage to the car is significant, and the driver left the scene of the collision, then of course you can’t say that you didn’t notice the moment of the accident.

In such circumstances, another scheme can be used to protect the driver. Which one? You ask. More details only during a personal meeting.

In other words, you can correct the situation and take control. The main thing is to contact a lawyer in time for advice and advice.

Do I need to call the traffic police?

If your parked car was hit by another car (at least the damage indicates this), then such a situation is clearly classified as an accident. Therefore, if the culprit leaves the scene of an accident, the victim must call the police and describe the situation.

DPS says to call the local police officer

Perhaps they are right. If a passer-by hit a car in the yard, or the cause of the damage is an organization or person who did not use the vehicle, then you should call a local police officer to record the accident. It is he who will determine, later issuing relevant information about the owner of the source of damage (in the case of objects falling from buildings, snow falling on a stationary car or a fallen tree).

In some cases, the dispatcher recommends that the victim call the local police officer instead of the traffic police squad even if the event falls within the definition of an accident. The traffic police have only one explanation - since the event happened in the yard, it is not a road and, accordingly, not an accident. And the inspector is wrong about this - the Supreme Court established several years ago that there are roads in the adjacent territories.

In such a situation, call immediately other numbers - if you called the duty station, then call 02, and vice versa. And also write down the number of the incoming call. It is advisable to record the conversation on your phone for further evidence in court.

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.

If the victim does not respond to attempts to resolve the issue

Wondering what to do in such a situation? Is it possible to prove that you are right? Thank you in advance for your response.

Daniil, Lyubertsy.

Expert commentary

Kosykh Tatyana Viktorovna

Lawyer, more than 1 year experience.

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There are several options for exiting the described story. If the car has a dash cam, the other party can be shown footage of the day the alleged collision occurred. In addition, it is necessary to insist on conducting an examination involving two cars. It will reliably determine whether there was a collision or not.

Finally, when threats and demands continue to arrive, you need to write a statement to the police. After all, there are signs of extortion.

Contacting the insurance company

If at least one of the participants in the traffic accident has a CASCO policy, you will need to call the traffic police in any case. According to insurance rules, receiving payment under such a policy is possible only if you have documents about the accident from inspectors.

Regardless of the insurance policy, the parties must notify their insurance companies about the accident. If the insurance claim is filed correctly, the motorist can be confident of receiving the insurance necessary to repair the damaged vehicle.

After receiving the accident report from the traffic police inspector, the owner must submit it along with other documents to the insurance company. This must be done within 5 days from the date of receipt of the accident papers. An application for insurance payment must be supported by the following documents:

An accident notification form completed by both parties to the accident.
Application requesting payment of insurance.
Photo or video confirmation of damage to the car, the place where the traffic accident occurred.

If both parties to the accident have a compulsory motor third party liability insurance policy, as a rule, a representative of the insurer comes to the scene of the accident to independently record the fact of the collision and the damage caused to the vehicle. After checking all the documents, the victim receives funds that can be spent on repairing the damaged vehicle.

A way out of the situation for an escaped intruder

So, the driver hit the car in the parking lot and drove away. The most correct and reasonable thing in this situation would be to come to your senses and return.

Remember that no one will take any money from your pocket for damage, because this is why our country has compulsory auto insurance.
It is better to honestly look the car owner in the eyes, apologize and solve the current situation together with him, rather than face a number of problems in the future.

If you are found, there is only one way to save yourself from punishment - to prove that you either did not notice that you damaged someone’s car, or to convince that you could not have stayed at the scene of the accident because:

There was a threat to someone close to you or to you.
You had to prevent a threat to the state or humanity.
Your passenger required urgent medical attention.
There were victims in an accident and you needed to urgently deliver them to the nearest medical center.
You and the owner of the other car have come to an agreement, there were no casualties in the accident, both have insurance, and no one else’s cars were injured besides yours.
You are the driver of a special vehicle, and in order to pass you needed to “move” another one. In this case, it is necessary to record everything, take photographs, and also have several witnesses.

Please note that to prove the above points you will need to provide convincing evidence , which will consist not only of witness testimony, but also of providing some official papers.
Keep in mind that if you come to an agreement with the car owner of a damaged car, you need to take from him documentary evidence that you have “agreed”.

We don’t recommend just shaking hands and driving away, because an offended driver can set you up and make you look wanted .

, we strongly advise you to leave a note, which, in addition to an apology, will also indicate your contacts, with the help of which the owner of the damaged car can contact you to further resolve the situation. However, it should be borne in mind that the driver may not be respectable, or may be too emotional about what happened.

For example, a driver who has just bought a brand new car, offended and angry at the fact of damage, can simply throw away the note, call the squad, and when they find you, say that you simply disappeared silently .

To avoid such situations take a photograph of the scene of the incident , also record that the note was written , that it was enclosed, and that there was no malicious intent in the fact that you left. In this case, the court will most likely be on your side and no penalties will be applied.