They drove into a parked car, what to do. Accident while driving in reverse

Code of Administrative Offenses of the Russian Federation, when a vehicle responsible for or involved in an accident is removed from the road in order to clear the roadway for traffic flow, but the driver himself remains in place. Before removing a car, its location must be described in a document or recorded in any other way. It is undesirable to move when there are no eyewitnesses to the accident, and also when the drivers have disagreements regarding the guilt and causes of the accident. Having left the scene of an accident in other situations, the driver will be charged with leaving the scene and punished in accordance with the law. When the driver leaves the scene of an accident, only after the investigation is it determined whether there is a crime or its absence for the reasons provided for by the Traffic Rules.

I was reversing and crashed into a car: what to do, where to call

If the instructions are not followed, the consequences may be unfavorable for the driver. For leaving the scene of an accident, punishment is provided for in Article 12.27 of the Code of Administrative Offenses of the Russian Federation. The second part of this article describes in detail what happens when, in a state of shock or on purpose, a driver leaves the scene of an accident.
If you leave the scene of an accident, the driver may be subject to one of the following penalties in 2018:

1. After fleeing the scene of an accident, the punishment is deprivation of the right to drive a vehicle for a period of 1-1.5 years;
2. Administrative arrest for 15 days.

If you are wondering what the fine is for this, then you should know that the current legislation does not indicate that the driver must pay a fine for driving away after an accident without stopping and without checking to see if there were injuries or property damage.

Hitting a parked car

Event two - incorrect parking. Incorrect parking is the fault of the person who parked the car incorrectly. Adm. liability - fine for illegal parking. At the same time, traffic cops must first find out who exactly parked the car.

It is not at all necessary that the owner of the car did this. And, accordingly, these should be considered as two different events; guilt in an accident does not follow from the fact of incorrect parking. So it’s a direct route to the analysis group, to see what they put together there.

Attention

Further depending on the circumstances. In practice: just a month ago the same thing happened, only the culprit also left. The inspector on site tried to start the exact same song. I was correctly informed about the norms of the current legislation. Result: the person who arrived was found guilty of the accident, and he received a substantial compensation both for me for repairs and for the traffic cops for closing the case of leaving the scene of the accident.

I was reversing and crashed into a car: what to do?

• shipreck
• 02.10.2011, 00:44

Greetings, dear ones! The situation is as follows. My car, parked in the courtyard of the house (on the roadway near the sidewalk, residential area), was hit by another car while trying to go around. The guys established that I was to blame for the accident, since the car was parked in violation of stopping and parking rules.


Question: how legitimate is this interpretation of events? In my mind, the person driving the moving vehicle is responsible for an accident with a stationary obstacle, regardless of what type of obstacle it is and how correctly it is parked... Or am I wrong? I will be glad to have reasoned answers:) Sincerely, Mikhail Discussion closed by moderator Pogonshchik 10/02/2011, 1:59 pm # These are two different events. The first event is a traffic accident. The one who drove into a stationary car is to blame for the accident.
He must bear responsibility as a culprit, with all that it entails. Those.

They rear-end, in what cases is it the fault of the car in front?

For example, if you give way to vehicles that have the right of way. The fact is that another car can start moving without first looking in the rearview mirrors. You can track the maneuvers of other cars only by turning your head.

Naturally, you should not pay attention to cars that are not driven by anyone. 5. Use reverse only when you are not in a hurry. In relation to parking at a store, this means that the best solution is to calmly park your car backwards into a parking space before going to the store, and then drive out front after visiting the store.


Accidents, as a rule, occur precisely when leaving a parking lot, when the driver is in a hurry to go home or run errands. Therefore, such a situation should be excluded. Let's summarize. Reversing is the most dangerous maneuver for the driver.

Where is reversing prohibited?

The issue of the presence of roadways in residential areas from the point of view of traffic regulations has not been finally resolved. Although the same logic leads to the impossibility of accidents in the same residential areas... happylacoste 10/02/2011, 11:04 # mutual protection) shipreck 10/02/2011, 11:35 # Hmm... And what is a “surrounding” from the point of view of compulsory motor liability insurance? Mutual payments or complete lack thereof? happylacoste 10/02/2011, 11:36 # according to compulsory motor insurance no one is responsible for anyone) Sergmi16 10/02/2011, 11:41 # Maybe it’s better to chew? happylacoste 10/02/2011, 11:46 # with both culprits?)) why should the culprit be compensated? shipreck 10/02/2011, 11:44 # I would like to hear your version... for a better understanding of what is happening... both are to blame - both answer. happylacoste 10/02/2011, 12:20 # at the expense of insurance insurers?))) something 10/02/2011, 10:23 # it was like that. in the courtyard. A fire truck was driving along, and a friend of mine passed along the side.

Parking accident

Yeah, I did that once. They almost sold off the new packaged brake hoses lying in a box at the entrance while I was adjusting the car 🙂 - STATUTE - 10/02/2011, 12:40 # Well, they didn’t steal them, and the brake hoses, for example, were easy for me I can carry it to the car without straining, it’s no heavier than a glass :-) I kicked it away 🙂 There was a lot of other stuff there besides them, they just lay on top -STATUTE- 10/02/2011, 12:44 # well, someone thought it was a freebie and you broke it: -) you are a cruel person :-) well schazzzz I’ll give away brake hoses for free for 7 grand :) zoki 10/02/2011, 11:05 # Common sense dictates not to block the driveways. My car was parked with the side lights on, a fucking indulgence. At the kindergarten level.

Crashed into a parked car

When leaving the scene of an accident for a legal or illegal reason, as well as being an innocent person, it is important to remember that without documentary evidence of the incident there is a high probability of:

• be found at fault for the accident;
• answer administratively for leaving the scene of an accident;
• compensation for damage to the car, for moral damage caused, as well as for damage to health, up to lifelong recourse.

To avoid this, it is better to stay at the scene of the accident and, if possible, hire a lawyer who will arrive at the scene of the accident to monitor the correctness of the paperwork and give useful advice. What is the basis for punishment? The extent of liability is determined in court. The basis for considering a case in court is a protocol drawn up by traffic police officers.

Leaving the scene of an accident is a punishment in 2018

Please note that the maneuver is not prohibited on one-way roads, but it can only be performed until an intersection, tunnel, bridge or other structure from the list above appears in the vehicle's path. I recommend that you read the list of places where reversing is prohibited. It must be remembered. Fine for driving in reverse The size of the fine directly depends on the location of the offense.

When driving in the opposite direction on the highway, the fine will be 2,500 rubles (Article 12.11 of the Administrative Code). In all other cases, the fine will be 500 rubles (Article 12.14 of the Administrative Code). Accidents when driving in reverse Let's consider popular traffic accidents when driving in reverse: 1.

Parallel parking.
Leaving the scene of an accident is not justified even if the driver is in a hurry to get to a flight, meeting or other events, even if he stopped and left his data, coordinates, contact numbers, and business card. By not remaining at the scene of the accident, a person can affect the mitigation of liability. This requires a confession, assistance in the investigation, and voluntary compensation for damage.

Partial justification for the fact that a person did not stay at the scene of an accident can be a serious mental state, being a minor, or being pregnant. In what cases is liability not provided? There are situations when the driver is not responsible for not stopping or leaving the scene of the accident. Such situations include the following situations. When an accident occurred, but the drivers were able to come to an agreement, they have no claims against each other regarding the circumstances that occurred.

Crashed into a stationary car, what a punishment

Reversing in a supermarket parking lot or parking lot. Similar accidents occur with enviable regularity near all large stores. The cause of the accident, as in the previous case, is the inattention of the driver of the orange car backing up. How to prevent road accidents? A few recommendations to help avoid a collision: 1. If a car is driving in reverse towards you, then under no circumstances engage reverse. Use the beep. Any adequate driver, upon hearing a sound signal, will stop driving.

Unfortunately, in practice you can meet drivers who do not understand the meaning of the sound signal and do not react to it in any way. Just keep in mind that if the car continues to move, it is best to move away from the deaf driver. In this case, you should only drive forward. Engaging in reverse gear can make you the culprit of an accident.

If you hit a car from behind, who is to blame? A traffic accident is a very unpleasant event on the road. Usually there are two subjects of an accident - the culprit who caused the collision and the victim. Lawyer practice indicates that when a driver drives into the rear of a car, it is not always his fault.

Most often, during an accident, not all citizens understand the nuances of the event and always panic. In addition, they agree with the conclusions of the traffic police inspector when analyzing the accident and determining the culprit of the incident.

The article is intended to explain all the legal subtleties and specifics of this type of accident, to indicate what the possible reasons for its occurrence may be, and whether the driver who drove into the rear bumper is always at fault. After reading the material, the reader will know how to drive on the road and how to avoid trouble.

In this article:

What does the traffic rules say if you overtake a car during an accident?

The accumulated experience of Russian auto lawyers involved in handling situations related to traffic violations indicates that you should not make hasty decisions (when a similar incident occurred) and immediately admit your guilt and pay off the damage caused.

To begin with, let's give a definition of traffic rules - this is a legal document designed to regulate not only the movement of vehicles, but to resolve all controversial issues that may arise in the event of a traffic accident between drivers.

For each specific case, this set of rules contains the appropriate formulation of what actions should be taken in a particular emergency situation.

In order to avoid colliding with the car ahead, you should adhere to the requirements and recommendations that are prescribed in the Rules.

Food for thought

Let us turn to section No. 9 “Location of vehicles on the roadway”, paragraph 9.10: “... the person driving the car must maintain such a safe distance in relation to the vehicle in front so that during emergency braking it is possible to avoid a collision with it. The same applies to the lateral interval.”

The essence of this postulate is that when you are driving on the road, the distance to the car in front should be such that if it starts to brake, the driver behind has the opportunity to slow down in time.

It is impossible to stop any vehicle by instantly pressing the pedal. This is achievable if it crashes into an obstacle (tree, wall). Therefore, maintaining a certain traffic distance when driving is the most important factor for safe driving, both in the city and outside it.

Clause 1 of Section 10 of the Rules says at what speed you can drive on the road, “... the vehicle must move in the mode that is established in this area, taking into account weather conditions, traffic congestion, technical condition of the vehicle, visibility and weight and character transported cargo."

The selected speed should provide the driver with the opportunity to constantly monitor the situation around him, so that if there is a risk of an accident, he can reduce it or stop driving, preventing a collision.

Therefore, when on a suburban highway or an intersection in the city one of the cars is driven into the rear and it is necessary to determine who is to blame, first of all, it is necessary to carefully study what happened, based on the norms prescribed in the Rules, taking into account all objective and subjective reasons.

Cases when the driver behind is not at fault

Engine accident, who is to blame? There are situations in life when, in a collision, a motorist who has driven into the rear bumper of a car will be found not guilty.

This can be influenced by several factors, but first of all, it is the actions of the driver driving ahead that must be taken into account.

Indicate in which case in an accident the driver behind the train is not to blame.

Situations can be identified:

1. The car ahead suddenly stopped moving due to unforeseen circumstances (it hit an obstacle or another vehicle).
2. The one who drove into the rear was hit first.
3. Group clash.

Let us analyze each of the indicated cases in more detail so as not to make mistakes in practice. The first thing you should do is not to panic and evaluate everything soberly.

It’s good when there was a camera (video recorder) working in the cabin, which can clarify the investigation process and speed up the identification of the culprit.

Hitting a car in front

This is one of the most common situations, let's analyze it in detail. In accordance with clause 9.10 of the Russian Traffic Regulations, the driver must always maintain a safe distance so that in the event of sudden braking, an accident can be avoided.

What is this concept and how is it interpreted in specialized scientific literature and reference books?

This is the distance between cars moving along the road at approximately the same speed in one direction, which allows the driver moving behind to avoid a collision with another car in the event of a sudden stop.

When driving, everyone will use the standard braking system, which cannot (due to many factors) instantly stop the vehicle.

However, if the next foreign car or truck ahead crashes into an obstacle, fence, infrastructure structure, or another driver, then he instantly stops and cannot continue driving.

A car moving behind (the person driving it) sees a suddenly stopped vehicle in front of it and, due to an accident, takes a maneuver or reduces speed to prevent a collision.

However, more often than not, the braking system cannot react every second and an impact occurs in the rear bumper. At the same time, the driver will not be found guilty, since he could not, for objective reasons, suddenly stop driving.

This fact indicates the absence of guilt and in most cases there will be no administrative liability.

The person who drove into the rear was first hit from behind

To understand this situation, it is necessary to consider it with a specific example.

Three cars were moving along the highway, in the same direction. The first of them, before performing the maneuver, slows down, the second, keeping a safe distance, presses the brake pedal, reducing speed to avoid an accident.

At that moment, the third participant unexpectedly crashed into the bumper of the “second driver” in his car. Due to the impact, his car is carried forward and he hits the first vehicle.

Analyzing this episode, we can state the following: there is one traffic accident, the culprit of which is the owner of the third car, as he did not keep his distance.

Since the second participant in the accident kept a safe distance in accordance with the traffic rules, he could not have crashed into the first one without being affected by the impact of the person responsible for the accident.

After all, it was he who provoked the clash. The third driver did not comply with the requirements of current regulations and caused an accident, which caused damage to two more cars.

If the driver was hit in the ass later

Not everything is interpreted unambiguously here, so we will consider this case based on existing legal practice.

The first driver slows down, and the second, not keeping a distance, crashes into him. The car following behind hits the one in front, since the vehicle in front of it suddenly stopped moving.

In fact, there is a group collision between three traffic participants. How to understand such an extraordinary and complex situation at first glance?

It is obvious that the second driver is at fault, since he did not comply with traffic rules - he did not take into account the safe distance to the car in front. The third driver could not stop in 1-2 seconds, since an accident occurred ahead and an unexpected obstacle arose.

Then, as a result, the guilt will be recognized with the second participant in the group clash.

However, the third party involved in the accident may also be guilty. The degree of his responsibility may arise from a number of factors that may influence the final decision.

Such circumstances include:

• what is the time interval between the first and second collision;
• was there a safe distance between the last two cars;
• weather conditions and speed of all participants are taken into account;
• whether the third motorist was distracted while driving;
• Are there any DVR recordings?

Carrying out all the necessary examinations at the scene of the incident will thoroughly answer any questions that arise after this type of accident occurs. Taking into account all subjective and objective factors, it is possible to accurately reconstruct the picture of the accident.

When the car in front is at fault

Such accidents often happen on the roads. Often, a vehicle ahead or standing can cause a serious accident, often with very serious consequences.

This may happen in the following cases:

1. The driver was reversing and crashed into a moving car.
2. An incorrect maneuver of the vehicle occurred (automatic set-up).
3. The vehicle was in the wrong place on the highway and was poorly visible due to limited visibility to other road users.

In almost all of these cases, the vehicle in front will be at fault. However, we will consider each of these cases in more detail, referring to the current legislation regulating this type of offense.

The front one was moving backwards

The traffic rules specifically state that such a maneuver is classified as complex and requires professional driving skills and increased driver attentiveness.

Clause 8.12 of Section No. 8 of the Traffic Regulations indicates that driving in reverse, provided that the car does not interfere with other participants and does not affect their movement and maneuvering.

However, the Rules provide language when this is prohibited. You can't back up at intersections like that. In addition, such a maneuver cannot be done in places where turning is prohibited.

In accordance with clause 8.11 of the Traffic Regulations of the Russian Federation, this is prohibited:

1. At pedestrian crossings.
2. At intersections and bridges.
3. In the tunnel and highway.
4. At railway crossings and at stops.
5. On overpasses and overpasses.
6. Where visibility on the road is less than 100 meters.

Therefore, if the car was backing up and hit the car, the culprit will be the one who violated the traffic rules.

Note! When driving backwards, you need to control the situation, be extremely careful, move at a very low speed, and if necessary, turn on your hazard lights or honk.

Auto setup

This is not uncommon on modern Russian roads. Therefore, while driving you need to be extremely careful.

The best way out of trouble is to record the video recorder and call the traffic police. In such situations, there is always reason to suspect a criminal conspiracy among attackers, because there is more than one gang of scammers operating on the road.

In such situations, the main thing is not to get lost and not to give in to their persuasion. And if they start to “press”, you need to call the police and write a statement.

A typical case of an accident on the road is when the driver suddenly cuts off the car and exposes his rear. As a result, a collision occurs. Here the only salvation will be the video recorder and witnesses of the accident.

The vehicle was parked in the wrong place

This means when it is parked where it is prohibited to stop, as it interferes with other vehicles. These can be the sides of narrow roads, tram tracks.

For example, a heavy truck is in an area with limited visibility.

When such a collision occurs with a stationary vehicle, it is not uncommon to occur in an area with limited visibility. Often the driver does not see an obstacle in front of him at the last moment.

Therefore, the one who left his SUV or bus on the side of the road, which caused the emergency, will be found guilty.

Is it possible that the rear driver is not to blame if the front driver brakes for no reason?

Emergency braking is one of the actions permitted by the Rules, designed to prevent a possible accident (Section 10.5 of the Traffic Regulations).

However, it is prohibited to brake suddenly or unintentionally on the road, as this may confuse or threaten the safety of other road users. In simple terms, you can only brake sharply in emergency cases.

In the situation under consideration, if the first driver braked without reason, he will be found guilty, provided that a violation on his part is proven.

The second participant in the accident, who drove into his bumper, will also be held administratively liable, as he did not maintain a safe distance while driving.

Therefore, when a driver crashes into the bumper of another car that applied emergency braking to prevent an accident, the culprit will be the second participant in the collision, who does not maintain the required distance.

In this case, the first driver must prove that an accident really could have happened and he sharply reduced speed or stopped.

What to do if found guilty

This often happens on Russian roads. Police officers may take a careless and one-sided approach to the performance of their official duties and, without fully understanding, impose a fine on a person who drove into the rear bumper of a car in front of them. Not all citizens understand what to do in this case.

It is necessary to explain in as much detail as possible everything that happened, provide facts and testimony of witnesses.

A DVR recording will undoubtedly help clarify the situation. If the data contained in the protocol does not correspond to reality, you can make notes when signing it, referring to the lack of proof of guilt.

When this does not work and the inspector has issued a decision to impose administrative liability or issued a receipt for payment of a fine, you must write a complaint to the city or district court within 10 days to challenge this decision.

The court, having begun proceedings, will usually resolve the disputed case. If you are aware of incompetent performance of your functional duties by traffic police officers, you can complain to the Internal Affairs Directorate of the Ministry of Internal Affairs of the Russian Federation or submit an application to the Prosecutor's Office.

First of all, we don’t want anyone to find themselves in such an unpleasant situation. Provided that this has happened, we recommend that you remember our few tips. They will help resolve any controversial issues that arise on the road.

1. Assess the situation and call the police immediately.
2. It is mandatory to provide DVR recordings, if available, to prove your innocence.
3. Collect witness testimony in as much detail as possible.
4. If the conclusions of the traffic police officers are unlawful, file a complaint with the Prosecutor's Office or the Court.
5. Hire a competent lawyer specializing in this type of administrative cases.

It is necessary to behave confidently and realize that the car in front itself provoked the accident and there should be no grounds for unlawful punishment.

At the same time, he advises in any case to maintain a safe distance on the road, not to reverse in prohibited places and not to exceed the speed limit. And, of course, monitor the functioning of the brake system and the general technical condition of the car.

Reversing is considered a rather dangerous maneuver, but you have to resort to it very often, for example, when leaving a parking lot or vice versa, driving into a parking lot. Here the driver needs to be extremely careful, look around, assessing the safety of movement. This point is important, because today accidents when driving in reverse are not uncommon. Let's consider the DD rules governing this issue.

Rules for driving a car in the reverse direction

Unfortunately, little attention is paid to moving a vehicle in reverse in traffic regulations. The main point that regulates the action in question is 8.12. It is stated here that you can move this way only in a situation where the driver has complete confidence in the safety of the maneuver and the absence of interference created by his actions for other road users. In this case, if necessary, it is necessary to use outside help, for example, if you have to leave in conditions of limited visibility. Thus, in order to perform a departure according to the rules, the driver must:

• make sure that there are no obstacles behind the vehicle;
• gain confidence that by his actions he will not force road users who have the right of way to change speed or direction.

It is prohibited to move backwards on the following sections of the road:

• intersections;
• bridges;
• railway crossings;
• places where road visibility is less than 100 meters;
• tunnels;
• places where stopping points are located.

The prohibitions are very easy to explain, because in these cases there is an increased risk of accidents when reversing. The consequences can be quite serious. Therefore, every driver should know all the prohibitions very well.

Important! The traffic rules do not specify restrictions on moving backwards in time and distance.

Features of traffic accidents when driving in reverse

The situations under consideration are not uncommon. And their danger reaches different levels. Often, traffic accidents occur when leaving or entering a parking lot and result in minor damage. But if a driver is reversing on a motorway into oncoming traffic, the consequences will be more widespread.

Speaking about what fine will be imposed on the driver for a reverse traffic accident, it is worth noting that the size of the punishment can vary significantly. They depend on the characteristics of a particular situation, the number of rules violated, which the traffic police inspectors will indicate in the protocol. There are two main points that determine the size of the fine:

• if the car was moving on the highway, the driver will be fined in accordance with Article 12.11 of the Code of Administrative Offenses of 2,500 rubles;
• in other cases, a fine of 500 rubles is provided, which is determined by Article 12.14 - violation of maneuvering rules.

The fine will be more significant if there are circumstances that complicate the situation, for example, performing a maneuver on high-risk sections of the road.

Now we see that if a driver causes an accident while moving in reverse, he will pay a fine of 500 to 2,500 rubles. But, this is only if only cars are damaged and there are no casualties. When there are persons whose health was damaged as a result of a traffic accident, the size of the fine will be determined by the seriousness of the victim’s condition. Here the penalty can be 10,000 rubles or more.

How to drive a car backwards correctly

Understanding that when moving backwards, it is quite possible to even lose your license in the event of an accident, if it has serious consequences, you must carefully study and try to follow the rules for maneuvering. There are a few main points here:

• before starting to move, you need to look around, making sure that nothing interferes with maneuvering and that there are no moving cars or pedestrians in dangerous proximity;
• When reversing, be sure to look in the side mirrors and rearview mirror;
• if you are driving in a parking lot, you need to carefully monitor the position of the vehicles on the right and left sides relative to your car;
• upon hearing a sound signal in the immediate vicinity, you need to immediately stop and check whether it is safe to continue the maneuver;
• try to use reversing only in situations where the maneuver can be performed without rushing.

Important! It is worth noting one more point - although the fine for driving in reverse is not too large, in the event of an accident the driver will be found at fault in almost all situations. And this indicates his obligation to compensate for material damage to the second participant in the accident.

Of course, it’s good to have insurance that will cover material damage. But, there are situations where the insurance company does not pay under compulsory motor liability insurance, justifying such a decision with certain arguments. Then you have to spend a lot of time and effort solving related issues. Still, it is better to be extremely careful on the road, to avoid accidents and the ensuing consequences.

If you are involved in a traffic accident.

We all are and walk under God and not one of us who constantly or periodically gets behind the wheel is insured against accidents and any road accidents. How to behave and what to do if an accident does occur? How to act correctly at the scene of an accident, how not to miss anything important, in order to minimize the damage received or avoid undeserved accusations in your direction?

Before proceeding with practical advice, let us briefly dwell on a factor that very significantly influences the outcome of the proceedings, this is the behavior of drivers after an accident. Naturally, we do not consider cases where persons involved in an accident are seriously injured and require urgent medical attention. There's no time for fat here, if only I were alive. But if you are not seriously injured physically, you can think and stand on your feet - then you have the cards in your hands.

As practice shows, this behavior of drivers can be divided into several types:
drivers who fall into deep apathy or trance at the scene of an accident. As a rule, they do not participate in the initial investigative actions, do not participate in the inspection of the scene of the incident, or drawing up a protocol; drivers who, after the accident, have not lost the ability to adequately respond to the situation, but who fully trust the traffic police or police officers who arrived at the scene of the accident. They are usually embarrassed to express their comments and often sign blank sheets of protocols. Typically, this category includes inexperienced drivers who find themselves in this situation for the first time; drivers who are trying to distort the situation at the scene of the accident in their favor before the arrival of the traffic police (move their car, remove fragments, etc.). As a rule, in this situation, especially under stress, this fails and the driver in question only worsens his situation; drivers fleeing the scene on foot or in a car, if it has not lost the ability to move. This is due to fear of liability, fear of high costs to repair someone else's damaged car. Drivers often run away to hide their state of intoxication. In any case, the fleeing driver incurs more severe penalties, especially if he leaves without the help of injured people. After all, no one can give him a complete guarantee that the license plate number of his car was not recorded and that he was the one driving the car was not seen by several witnesses; drivers who choose a logically justified, active line of behavior after an accident. As a rule, this behavior allows you to achieve the goals mentioned above.

If you get into an accident, try to pull yourself together and act according to our advice, in accordance with the specific situation.

So, advice one

A lot depends on detailed and thorough recording of all the circumstances of the accident. In the future, on the basis of the initially compiled documents - a protocol for examining the scene of the incident, a certificate of traffic accident, a protocol on the technical condition of vehicles, traffic accident diagrams, explanations of traffic accident participants, testimony of witnesses, etc. traffic police authorities establish a connection between the actions of drivers and the consequences that occur. Therefore, do not try to change anything in the DPT environment, but on the contrary, take all measures to record all traces as completely as possible. If in front of your eyes another participant in the incident is trying to hide traces, moves his car, removes fragments, etc., first try to gently reason with him, and if this does not work, draw the attention of witnesses to this and, using improvised objects, indicate the original location of the removed physical evidence.

Demand that traffic police officers record in the protocol for examining the scene of the incident literally everything that in your opinion may be relevant to the case: the location of the collision of the vehicles, their relative positions after the accident, road markings and its visibility, traffic lights and road signs at the scene of the accident and their serviceability and visibility , visibility at the scene of the accident and lighting, road condition and weather, brake marks, objects lying on the road, technical condition of cars. All traces and signs, objects must be tied to local objects - marking lines, roadsides, houses, telegraph or lighting poles, etc.

Pay attention to the technical condition of the "offender"'s car - there are many cases where one of the drivers proved his innocence due to the fact that the other car did not have the factory-provided rear-view mirrors installed or, for example, the turn signals, brake lights did not work. signals, the tires were completely bald, etc.

Tip two

Take the drafting of initial documents at the traffic police site very seriously; demand that traffic police officers prepare them in detail.

For example, do not allow such general phrases as: “the left wing is dented.” It is better to describe such a phrase as follows: “the left wing is crushed with a metal rupture, the sidelight installed on the wing is broken, the glass on the front left headlight is cracked, the plastic protective cover under the wing is broken, the steering rods of the front left wheel are bent, the plastic bumper burst..... , there may be other hidden defects in the damaged part of the car."

The more you write, the greater your chances of receiving full financial compensation for the accident. According to the first entry, you will receive compensation only for the repair of the wing, and according to a more detailed one - for everything, especially since you reserve the right to supplement the defective statement, indicating the possibility of other damage that was not immediately noticed at the scene of the accident. Read all documents carefully before signing them; if you disagree with something, feel free to write your comments - this is your legal right.

Tip three

Before the traffic cops arrive, try to find people among the gathered onlookers or the drivers stopped behind you who saw the accident in its dynamics, and not its consequences. In some cases, promise these people to compensate for all their expenses for appearing at the traffic police or in court as witnesses, write down their full names, telephone numbers, and addresses. Keep this information for yourself and give a copy to the traffic cops for inclusion in the protocol. The traffic police will immediately offer to undergo an alcohol test; do not refuse under any circumstances, but demand an examination at a medical institution. If the second driver refuses to be examined, make sure that the traffic cops record this in the protocol. If your offender is clearly drunk, demand that this also be entered into the protocol, that he has obvious signs of intoxication - smell, unsteadiness on his feet, slurred speech, etc., and get several witnesses to this, otherwise in life it happens that the next day this person will bring a certificate that he was completely sober, because you can buy it from a doctor you know.

Tip four

As a rule, do not get into an argument with traffic police at the scene of an accident. Remember that anything you disagree with can be included in the documents you draw up.
If you believe that traffic police or police officers are acting illegally or unlawfully, then also include your comments in the accident report and then appeal these actions to a higher traffic police department or the prosecutor's office. After testing for alcohol, traffic cops offer to write handwritten explanations to the participants in the accident. Take this paper very seriously, think about every line, every wording. This initial explanation is usually the most correct and is then difficult to refute. Do not allow inaccurate numbers or words. Do not use phrases that can be ambiguous or ambiguous.

Tip five

If you have the opportunity, immediately after the accident, call a friend, acquaintance, or work colleague who is experienced in such matters by telephone to assist you in filling out all the protocols. It is advisable that he arrive immediately before the arrival of the traffic police and act as a witness on your part, prompting you to take the necessary actions. If possible, let him bring with him a notebook with a pen, a tape measure for measuring, because maybe you will come to an agreement with the other driver, draw up diagrams yourself and go to the traffic police for further registration.

Based on the primary materials, a decision is made to refuse or initiate a criminal case. The case is transferred from the traffic police to the investigative authorities of the Ministry of Internal Affairs. The duration of the preliminary investigation is up to two months. If it is not completed within two months, for example due to complex examinations, the investigation is extended by the district prosecutor for one month. Further, the investigation is extended only in exceptional cases by higher authorities. If you are blamed for the accident, it is advisable that you immediately invite a lawyer who specializes in handling cases of motor vehicle accidents, especially if there is very large property damage or there are injuries or deaths.

A qualified lawyer will help you minimize the amount of payments, for example, and suffer a lighter punishment. If you are a victim, then the cost of the lawyer’s services will still be compensated by the guilty party after the trial.

Tip six

If a criminal case has been filed against you, hire a lawyer immediately. The file must be filed and numbered for your review before the court. The law does not limit the amount of time you can review a case, and a good lawyer can obtain additional expertise and research that can work to your advantage.

There is no doubt that the victim also appears in the case and is no less interested in the outcome of the case than the accused. The main interest of the victim is to achieve full compensation for the material damage caused to him as a result of the accident. A civil claim may be filed by the victim at any stage of the preliminary investigation and before the start of the investigation.

It must contain all information about the losses incurred due to the actions of the accused, confirmed by photocopies of documents, for example: - an estimate for the repair of your car from an independent assessment form, - an invoice for the actual repair work performed (actual costs), - an invoice for services provided by a lawyer, - an invoice for services provided by legal advice, - an invoice from the transport form for transporting the damaged car to a permanent parking place and then to a repair shop, - receipts for sent telegrams notifying the accused, - receipts for payment of state duty, receipts for photocopying of documents, a certificate of places of work about daily earnings and the number of days spent on repairs and visiting ships, etc.

You present the original documents in court as necessary. And yet, there is no need to be particularly greedy. It is unlikely that the accused deliberately wanted to crash your car; he also suffered. Therefore, it is unethical to file anything else for moral damage, but full compensation for your material losses must be sought.

Tip seven

Conduct yourself with integrity and dignity at all stages of the proceedings. Remember that any of your illegal actions may cause an adequate reaction. For example, if you have badly dented someone else’s car and run away from the scene of the accident, do not be surprised that in a day or two its owner will come to your home with claims, and if you sent him to hell, then in a couple of days you will see that your car stands in its usual place, all torn apart.

If you sent bandits to the “offender” to dismantle and extort money, then the same gang can come to you and break your or your wife’s legs. Treat your opponent exactly as you would like to be treated. Always act strictly officially and according to the law.

Such actions are respected by everyone, even the most inveterate bandits. If an accident has occurred and the damage in your opinion is great, do not believe the promises of the “offender” to pay later, offers to sort it out without the traffic police, pay for repairs right on the spot, etc. Otherwise, it may later turn out that the repair costs much more than you were paid at the scene of the accident, or the person responsible for the accident tells you to your face the next day that he sees you for the first time, or suddenly the other side brings a bunch of witnesses the next day who supposedly saw everything and you turn from a victim into an accused.
Please also note that not every workshop will undertake to repair your car without a certificate of accident from the traffic police.

Only in the simplest cases, when the material damage is minimal, the fault can be quickly eliminated on your own (for example, replacing a broken headlight) and you are offered to more than compensate for all the damage on the spot, you can part ways peacefully, without traffic cops. If you offer money and you agree to accept it, then be sure to take a receipt from the victim stating that he took the money from you and no longer has any claims against you.

SAMPLE:

R A S P I S K A
I, Ivanov Ivan Ivanovich, living at the address: Uryupinsk, st. Shirokaya d.23 kv.65 received from gr. Sidorov Petr Petrovich, living at Moscow, st. Mosfilmovskaya 56 bldg. 3 sq. 241 money in the amount of 300 (three hundred) US dollars in the form of compensation for material damage caused to my car VAZ 21053 license plate n 29-76 UK (the right front headlight is broken and the decorative radiator grille is broken) which gr. Sidorov P.P. caused to my car parked in the parking lot on the street. Tverskaya when parking your car jeep Cherokee license plate M777MV.
There was no other damage to my car. Currently, there are no material or other claims against Mr. Sidorov P.P. I do not have.
" " month 1998
Ivanov I.I.

An accident - in 99% of cases it is an unexpected collision (1% is occupied by those people who can specifically “get used to” you, but more about them in the next post). And surprise entails confusion and lack of composure.

Therefore, I would like to talk about how best to behave while driving if an accident occurs...preferably/naturally, it is not your fault.

I’ll distribute the advice point by point, starting right from that very second of the collision when you didn’t expect it at all, but it happened.

1. Take a deep breath and exhale. Make sure your arms and legs don't go numb (I'm not kidding, the shock reaction is accompanied by numbness, then shaking, stuttering, dizziness).

3. Now we evaluate who was right. If at that moment the driver from the next car has already run out to you and, gesticulating wildly, shouts something out the window at you, first let yourself calm down, and only then decide whether to enter into a dialogue.

4. Be sure to remember the license plate number of the culprit’s car or, better yet, take pictures.

5. It is very important to understand in the first seconds of the accident whether the other party intends to flee the scene of the accident. If you see that his car continues to maneuver, urgently turn your phone into video mode and shoot. After an accident, the vehicle must remain in place.

6. Even if you understand that the one who entered into you is completely and completely wrong, I advise you not to yell at him/her and not to throw out all the negativity, this will do little good. It is better for the culprit to understand that you are not a hysterical person, realizing that the victim in front of him is a completely reasonable party to the conflict.

I remember when a man backed into me at speed in the parking lot. As he said, “Sorry, I was sleepy, I mixed up the pedals.” I (according to the prevailing stereotype) am a blonde in a white car. When the patrol arrived, they didn’t even have any doubts that it was me who drove into, excuse me, his ass. Thanks to the outdoor surveillance cameras in the parking lot. By the way, he told the DPS nicks that he simply didn’t notice me, keeping silent about the mixed up pedals.

7. Turn on the video camera or voice recorder on your phone and record everything that the friend in the next car says.

8. If you feel that you have recovered from the shock quickly and are 100% not to blame, then it is very important to remember the license plate numbers of the witnesses, or it is better to even go up to them and say, “You saw everything, right? I can, if anything, contact you.” , how about a witness?”, it’s also better to film this process, and don’t forget the witness’s car number, since in such a situation it will be difficult to remember it.

9. If you, again, are not at fault, and you have a video recorder, when leaving the car, do not forget to close the door and windows, since cases where the culprits quickly snatched the recorder from the car and fled in an unknown direction happen very often.

11. Be sure to photograph the documents of the culprit.

12. And what is very important - find out if he has a compulsory motor liability insurance policy, since this is what will be used to compensate you for the damage. If the culprit claims that he has compulsory motor liability insurance, showing a greenish piece of paper, be sure to make sure (you shouldn’t take his word for it) whether he is included in it and whether it is his car in principle.

I’ll tell you from my own experience - 8 years ago a girl crashed into me, dented 4 parts of my first car (she drove clearly perpendicular with her nose into the driver’s door of my small car, denting the fender, door, sills and mirror) and offered me 5 thousand rubles. (when one part costs 7 thousand rubles, you can also find it for 5 thousand, but it’s more difficult). In addition, the girl was drunk and was very offended by me because I didn’t want to take money from her...
As a result, she also refused to show me the documents for the car.
At the police station it turned out that the girl was not drunk at all (this was also written in the alcohol intoxication test, which I insisted on), her car was registered to some company, and only the director of this company was entered into the compulsory motor liability insurance, without her) .

By the way, the girl in the photo looks a lot like that same madame

As a result, they gave me a paper for the director........I butted heads with them for two days. Of course, it turned out that the girl did not work in this company, the director did not know her, and no one came to the analysis group either. Moreover, both cars had to remain in the department until the analysis group, when I arrived - you know, the car that drove into me had already driven off somewhere). I lost a week, I repaired the car myself, because I was a waste of time and nerves.

Actually, why I told all this is the main thing is to maintain composure and try to assess the real situation and act according to it.

Well, in conclusion, of course, I can’t help but advise you to drive more carefully and avoid completely unnecessary accidents.

Good luck on the road!