Ce să faci în caz de accident

The rules of the road are constantly changing. Even an experienced driver cannot keep track of all the nuances. And when you get into an accident, you start sorting through the latest news about the European protocol, calling the emergency commissioner and the traffic police in your head. It is important not to make mistakes so that later you will not be the culprit and avoid problems with the insurance. Healthy Food Near Me, together with lawyers, prepared a memo on what to do in case of an accident and how to properly file an accident.

Responsibilities of the driver in case of an accident according to the rules of the road

If you are involved in a road traffic accident, first of all, you must perform the following actions described in the traffic rules:

• turn on the alarm;
• put up an emergency stop sign: at least 15 meters from an accident in populated areas and at least 30 meters outside the city;
• check whether there are victims among the other participants in the incident;
• do not move objects related to the accident – fragments of headlights, parts of the bumper, etc. – leave everything as it is.

– If the accident happened outside the city, at night, or in conditions of limited visibility – fog, heavy rain – then on the roadway and the roadside you must be in a jacket or vest with stripes of reflective material, – notes lawyer Anna Shinke.

Are cars obstructing traffic? Clear the roadway, but first fix the location of the vehicles in the photo.

• This must be done in such a way that, when analyzing an accident, it is possible to accurately determine what position the cars occupied relative to each other. Take not only photos of damage, but also general plans from all four sides, as well as photos of the condition of the road surface, markings, signs, traffic lights (if any). Try to mark in the information for the photo the points where the shots were taken from.
• Remember that since July 2015, the obligation of the driver to clear the roadway falls under Article 12.27 (“Failure to perform duties in connection with an accident”). Not done as expected – a fine for violation is 1000 rubles.

Do not forget to write down the contacts of witnesses just in case. They may come in handy in the future.

Fii atent!

For failure by the driver to fulfill the obligations stipulated by the Rules of the Road, in connection with an accident in which he is a participant, and for leaving the scene of an accident by the driver (in the absence of signs of a criminally punishable act), administrative liability is provided (parts 1, 2 of article 12.27 of the Code of Administrative Offenses of the Federation) .

The procedure for drivers in case of an accident

What drivers should do right, and what to do first of all, having got into an accident, depends on the specific circumstances – are there any victims in the accident, what damage has been done to vehicles, is the roadway blocked, etc. Let’s consider all these situations separately .

If an accident without casualties

If the damage to the car is not serious, then a European protocol is allowed. According to it, you can receive compensation through the insurance up to 100 or even up to 400 thousand rubles. We will discuss this in detail below. An important condition of the European protocol is that both drivers are unanimous in who is to blame for the accident.

If there are casualties in the accident

Call emergency services right away. From a mobile phone, the ambulance number is 103 or 112. Collect your thoughts: you need to give the operator as accurate as possible the address of the accident site. If it happened on a country road, then the navigator in the smartphone will help to designate a section of the road.

If the accident is far outside the city, there is a risk that the medical team will not be in time, it may be more expedient to send the victim to the hospital by passing transport. However, making a decision about this on your own is fraught, so listen to the dispatcher on your phone.

The traffic police will arrive at the scene to establish the circumstances of the accident.

Fii atent!

Leaving a person in danger provides for criminal liability (Article 125 of the Criminal Code of the Federation).

If the culprit of the accident without insurance

The law prohibits drivers from driving without OSAGO. However, reckless drivers who do not want to spend money on auto citizenship do not become less because of this. For this, the traffic police will issue a fine of 800 rubles (12.37 Administrative Code of the Federation).

In this case, it is impossible to draw up a Europrotocol. It remains to call the traffic police. Due to the fact that now there are many illegal firms that forge OSAGO forms, we strongly recommend that you check the policy of the culprit on the basis of the Union of Motor Insurers.

Here is an instruction on what to do if the culprit of the accident does not have insurance or the policy is invalid.

1. Ask for his passport, take a photo of the document. The person has the right to refuse. Then take the data from the protocol of the traffic police.
2. Ask if the person responsible for the accident intends to compensate for the damage and in what amount.
3. Find out the terms and procedure for compensation: in other words, when the culprit pays for the repair.
4. A person may immediately agree to transfer money to you or give you cash.
5. Make a receipt. The document is written in free form, but it is important that it indicates between whom and by whom it was drawn up (with passport data), date, reason, amount of compensation and the period of compensation. Theoretically, the culprit may refuse to pay on the spot. Then indicate in the receipt, until what time he is obliged to transfer money to pay for the damage.
6. After receiving compensation, the victim also writes a receipt stating that he received the money and has no claims.

Unfortunately, the culprit of the accident may disappear after drawing up a receipt. Or brazenly ignore any reminders of compensation. Then your actions are:

1. Make a pleading claim. In general, it can also be in free form. In it, state your requirements for compensation, attach checks for car repairs, mention the presence of a receipt. The claim can be sent by registered mail with acknowledgment of receipt or handed over in person, preferably with witnesses.
2. If the document did not affect the person, then it remains to go to court. The culprit and here can ignore the meeting. In this case, the decision on compensation is made by the judge without the second party. The bailiffs will collect the debt. Unfortunately, not everyone has accounts and property from which money can be recovered as part of a lawsuit. Therefore, sometimes the process drags on for years.

If the participant in the accident left the scene

If the driver did this intentionally, he faces up to 15 days of arrest or up to 1,5 years of deprivation of a driver’s license (part 2 of article 12.27 of the Code of Administrative Offenses of the Federation). This is if there were no casualties. For leaving the scene of an accident, in which there are wounded, threatens up to seven years in prison. If the participant in the accident died, and the culprit escaped – up to 12 years in prison. This is stated in Art. 264 of the Criminal Code of the Federation.

Theoretically, the driver may not notice that he has become a participant in an accident. For example, a large SUV or construction equipment hooked a small car on the road. The driver sincerely did not understand anything and left. In this case, when the “fugitive” is found, it is better to immediately admit his guilt in order not to fall under deprivation of rights or administrative arrest. It is necessary to persuade the traffic police and the other side to the fact that this is not a properly executed accident. For this, they will be punished with a fine of 1000 rubles (part 1 of article 12.27 of the Code of Administrative Offenses of the Federation).

We talked about the responsibility of violators. Now we will tell you what to do to the victim in such an accident. First of all, you need to call the traffic police and provide as many details as possible: address, direction of movement of the culprit, car model, number. The car will be put on the wanted list.

The injured driver should look for witnesses and cameras around the crash site. They will help establish the guilt of the second participant if the case goes to court.

How to draw up a European protocol in case of an accident

We evaluate whether it is possible to issue an accident according to the European Protocol. This is possible if:

• only two cars were involved in the accident;
• both drivers are insured under OSAGO;
• there are no casualties in the accident;
• the accident did not cause damage to anyone, except for the two participants in the accident;
• the road infrastructure (poles, traffic lights, fences), as well as the personal property of drivers (smartphones, other equipment and things) are not affected;
• accident participants have no disagreements about the circumstances of the accident and the damage received;
• one of the participants in the accident does not want to receive a CASCO payment in the future;
• the amount of damage does not exceed 400 thousand rubles.

If everything is so, we draw up documents about the accident for insurance companies (we fill out an accident notice, it is issued together with OSAGO) and we leave in peace.

The Europrotocol must specify one culprit. You can not write “both are to blame.” One participant admits guilt in the notice of the accident, the other prescribes – “not guilty in the accident.”

In the form of the Europrotocol, the first sheet is the original, and the second is an impression, a copy. But you may not have such a notice of an accident. For example, if you bought insurance online. In this case, there will be two identical forms on A4. Fill them out the same way.. Avoid mistakes and corrections. With an abundance of blots, it is better to rewrite the document for a final one.

The original protocol is kept by the victim – the one who is innocent of the accident. Take a picture of the culprit’s documents: driver’s license, STS and OSAGO policy. This is optional, but may save some problems in the future.

The culprit of the accident takes a copy of the European protocol after the accident to his insurance company. This takes five business days. Over the next 15 days, you cannot repair the damage that the car received in the accident.

If you are afraid to fill out paperwork incorrectly, it is better to call an emergency commissioner. This specialist will help you take the right photos and correctly enter everything into the documents.

Important!

If you fill out the European protocol on a paper form, then compensation for damage will not exceed 100 thousand rubles. In 2021, the OSAGO Helper smartphone app launched across the country. Through it, it makes sense to draw up an accident, the damage from which reaches up to 400 thousand rubles.

Also, both participants in the accident must be registered on the Gosuslug portal. Only one person needs the OSAGO Helper smartphone app. We warn you that the program is new, users have a lot of complaints about its technical part.

If the drivers have disagreements about the circumstances of the accident

In a situation where it is not possible to reach a consensus on who is right and who is wrong, there is only one way out – to call the traffic police. There will be several options.

1. Go to the nearest traffic police department for registration – to the analysis group.

In this case, the drivers on the spot describe the circumstances of the accident, draw up a diagram, fix the location of the cars, damages and traces on the photo and video, and with these documents they are immediately sent to the traffic police department.

Mandatory need:

• fill out an accident report;
• contact your insurance company and report the insured event;
• Make sure other people involved in the accident have done the same.

2. Wait for the police.

– After registration of an accident, you must receive a protocol on an administrative offense, a decision on the case of an administrative offense or a decision to refuse to initiate a case. Carefully read the protocol before signing it, indicate your disagreement, if any. Remember that in case of disagreement with the decisions, you have only 10 days from the date of receipt to appeal them, – lawyer Anna Shinke specified.

Întrebări și răspunsuri populare