Fled the scene of an accident - punishment (legal consequences). What to do if you fled the scene of an accident Fled from the scene of an accident what threatens

The statistics of the last three years show that drivers often hide from the scene of accidents on the roads. This was also one of the reasons for the installation of surveillance and video recording systems on the roads. Today we will tell you in more detail about what is a county with, according to the article, what is the fine and what else threatens for hiding from such a place.

Reasons for such actions

Statistics allow us to identify a number of regular situations in which drivers leave the scene of an accident:

• To avoid being held liable- in this situation, the driver's actions clearly violate the rules, being intentional, and subject to punishment. As a rule, this happens when there is a collision with a parked vehicle or in parking lots, when the owner of the affected car is not nearby. Today they are authorized and equipped with video recording, for this reason, it is better to wait for the car owner or leave the number. Hiding from the scene of an accident, the driver risks receiving an additional fine. In general, the situation is quite solvable, and damage can;
• Drivers try to avoid punishment fleeing the crime scene. In such a situation, by deliberately leaving the scene of an accident, the driver during the proceedings not only secures himself another fine, but also an aggravating circumstance in the case;
• The situation in which The accident just went unnoticed by the driver. Perhaps the blow was weak. In this situation, the driver left the scene of the accident not on purpose, but by accident. Such cases can occur at traffic lights when there is an insignificant touch of cars that does not cause damage to cars and goes unnoticed by motorists. In such situations, penalties for leaving the scene may not apply.

About what is the statute of limitations for leaving the scene of an accident, what is the penalty for leaving it, and whether there will be a deprivation of rights, we will tell further.

This video will also talk about the reasons for leaving the scene of an accident by drivers:

Fines and other types of punishment for hiding from the scene of an accident

Leaving the scene of an accident can be an aggravating circumstance in cases where people died or received serious injuries and injuries during an accident. In this case, most often criminal cases are initiated, qualified under Art. 264

During the investigation and further trial, the fact of intentionally leaving the scene of the accident will be an aggravating circumstance, which will significantly increase the term and amount of the punishment. Definitely, the driver will be deprived of the right to drive, and in a situation of death of people - and freedom.

Claims for compensation for moral costs or in connection with the long-term treatment of other participants in the accident are filed as part of a criminal case.

There are frequent cases when leaving the scene of an incident can lead to conviction under Article 125 of the Criminal Code - leaving in trouble. So, if a medical examination proves that with timely medical care, a person could survive, then punishment in a criminal case can be imposed on the basis of a combination of articles.

When vehicles were damaged

In a situation of insignificance of an accident, when vehicles were damaged or minor harm was caused to health, a report on leaving the accident will be drawn up and a fine will be imposed within the framework of administrative legislation.

Thus, according to the norms of article 12.27 of part 2, such a violation provides for a fine and deprivation of the right to drive. The type of punishment is chosen based on the circumstances of the incident. So, if only cars were damaged during the accident, then the inspector may limit himself to fines or administrative arrest, the latter is decided in court.

A specialist will tell about the mutual abandonment of the scene of an accident in this video:

With the participation of pedestrians

If pedestrians were involved in an accident, and they were seriously injured or died, the issue of deprivation will definitely be decided.

• amount - 1000 rubles;
• administrative arrest - 15 days, by decision at the request of the driver can be replaced by a fine;
• deprivation of the right to drive up to 1.5 years.

Thus, deliberately hiding from the scene of an accident, drivers should remember that the case can not only threaten with a fine or deprivation, but also with much more serious consequences.

This video will tell you about the punishment for leaving the scene of an accident:

Good afternoon, I had an unpleasant situation on 07/05/19, I received a letter from the court with a court order depriving me of my driver's license for a year for allegedly leaving the scene of an accident, which was at the end of March of this year. The court was on June 21 without my participation, ...

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Last updated March 2019

According to the rules traffic, in case of an accident, you should remain in place and wait for the traffic police. In most cases, if the driver left the scene, he faces a rather serious punishment. Are the actions of the traffic police inspectors who draw up reports on leaving the scene of an accident always legal? How to avoid being held liable and what every driver needs to know, read this article.

What is "leave the scene of an accident"

One has to deal with many definitions similar to the concept of "Leaving the scene of an accident" (which is provided for by Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation), confusion in this matter is unacceptable.

Abandonment is an open removal to a considerable distance (out of sight of other participants) from the accident site for a relatively long period, that is, the absence of a participant upon arrival of traffic police officers, representatives of an insurance organization, etc.

A driver can leave an accident:

• on the car that was involved in the accident;
• in another way (on foot, by taxi, by another car, etc.), even though the car remained at the scene.

Not a abandonment:

• moving the car from the position of auto-collision (for example, to the side of the road, that is, 10-15 m.);
• transfer of the car to another person who, on his own or on a tow truck, will transport it a considerable distance from the location of the accident.

Responsibilities of a participant in an accident

Far from all car owners know the rules of conduct after an accident thoroughly. Meanwhile, the SDA clearly regulates the procedure in the event that a traffic accident occurs:

1. exclude further traffic (that is, stop);
2. turn on the "emergency";
3. put up an emergency sign;
4. take measures to preserve the car and other items in the same position as they were at the time of the incident;
5. if there are casualties, call the police, an ambulance medical care, perform a first aid. If necessary, the participant in the accident is responsible for delivering the victim to the nearest medical facility by passing transport;
6. if there is no possibility for the free movement of other vehicles, the carriageway should be freed, after fixing the position of objects (usually by photographing and video filming, sometimes drawing up a diagram is allowed);
7. wait for the police, record the data of eyewitnesses.

Leaving the scene of an accident, the driver admits non-compliance with one or more items from this list.

When the driver is not at the scene

Typical situations when, by the time the traffic police arrived, the participant in the accident was not on the spot, are:

• the driver was under the influence of alcohol. It is well known that in last years for those who drove while drunk, the punishment is tougher. At the same time, accidents with serious damage to cars, victims among people do not become less. Unreasonably hoping to avoid responsibility, such drivers hide from the scene of a collision of cars or a collision with a pedestrian;
• if, as a result of an accident, serious injuries were caused to people, resulting in death or serious bodily harm: in such cases, they hide because of fear of criminal punishment;
• the one who was responsible for the damage to another car simply did not notice it. So, when leaving the parking lot, turning around, the driver often does not notice that he slightly touched a nearby car. These cases are the most controversial in judicial practice, since the question of the presence of intent arises, which in fact is not always possible to establish;
• hiding those who are counting on the expiration of the statute of limitations for bringing to administrative responsibility (three months). It is worth taking into account: taking into account the numerous CCTV cameras, it is currently not difficult for the traffic police to find the culprit of the accident;
• leave due to unwillingness to wait for traffic police - an appointment, too long a wait, important business, etc.

What threatens the driver who left the scene of the accident

IN State Duma proposals have already been made to amend administrative and criminal legislation. Thus, in some cases it is proposed to introduce new article in the Criminal Code of the Russian Federation for leaving the scene of an accident, while the punishment will be in the form of imprisonment for a period of two to five years. At the moment, such actions can be qualified as leaving a person in danger.

Example. On the track at night Ivanov A.A. knocked down a pedestrian Petrov O.O. on the side of the road - it was the driver of the stopped car. Ivanov A.A. I saw that the victim was unconscious, there were visible injuries to the head, hands, there were wounds on the body. Ivanov A.A. left the place of collision, not fulfilling the requirements of the traffic rules on rendering assistance to the victim. Subsequently, Petrova Oh.Oh. a group of truckers was taken to the hospital a few hours after the incident. In the hospital Petrov O.O. died. According to the expert, subject to timely medical care Petrov Oh.Oh. would have stayed alive. In court, the public prosecutor managed to prove that Ivanov A.A. I saw what injuries are present on the head and body of Petrov O.O., but left the victim alone at night in a helpless state. Ivanov A.A. was convicted under two articles - Part 1 of Art. 264 of the Criminal Code of the Russian Federation (violation of the rules for operating vehicles, resulting in serious bodily harm) and 125 of the Criminal Code of the Russian Federation (leaving in danger) to imprisonment.

The above example is rarely encountered in practice, since it requires sufficient evidence to consider the actions of the perpetrator of the incident as intentional.

Much more often, those who decide not to wait for the traffic police inspectors face administrative responsibility:

• arrest for up to 15 days;
• deprivation of the right to drive for a period of one to one and a half years.

Traffic law experts have long argued in favor of lowering the current minimum period for disqualification. In addition, the bill mentioned above proposes to introduce penalties (up to 30,000 rubles) along with those already provided - after all, today the Code of Administrative Offenses of the Russian Federation does not contain any monetary punishment for leaving the scene of an accident.

The proposal to toughen the punishment for the absence of drivers at the scene of an accident while lowering the lower bar for the term of deprivation of a driving license may seem illogical. However, arbitrage practice challenging protocols for such offenses is as diverse as situations on the road can be.

So, sometimes drivers with little experience, through inattention, can “hit” another car and leave on their own business. Subsequently, despite causing minor damage, such absent-minded motorists will be deprived of the opportunity to drive for at least a year.

At the same time, they are not going to reduce the upper limit of administrative punishment - there have been too many cases of deliberate absence of those who were intoxicated lately. Thus, the upcoming changes in the legislation enable judges to approach the issue of punishment in administrative cases of this category as individually as possible.

When is it reasonable to leave the scene?

It is clear that responsibility for leaving the scene of a collision of cars or a collision with a pedestrian does not always occur. It will be useful for a motorist to know that his absence will not be punishable if:

1. between two (not more) participants in the accident is drawn up- a document that allows you to conclude a written agreement on compensation up to 50,000 rubles (from June 2018 up to 100,000 rubles), without calling the traffic police. This option is possible if the following conditions are met:
   • there were no physical injuries, only two cars of the participants in the accident were damaged;
   • drivers have OSAGO (both of them);
   • an agreement was reached on the nature of the damage, their quantity and the cost of restoration work;
   • an agreement has been reached and there are no objections regarding the circumstances of the incident - time, place, culpability, location of cars, etc.;

   If at least one condition has not been met, the Europrotocol may be declared invalid and, therefore, leaving the scene of an accident will result in punishment.

2. both drivers drew up a diagram of the incident and headed to the nearest traffic police post to arrange everything there Required documents. At the same time, there are no injured persons and a dispute about the circumstances.
3. the driver took the victim to medical aid to the nearest hospital. The legislator, on the one hand, provided in the SDA the obligation of the participant in the incident to provide assistance to the victim, on the other hand, one cannot leave the scene of the accident. The basis for exemption from administrative liability will be the impossibility of providing the victim with the necessary assistance in connection with the injuries received in any other way. It is important to understand that this ground is exceptional. In addition, the departed must fix the position of the objects and, after fulfilling his civic duty, return.
   Example. There was a collision of two cars under the control of Sidorov A.A. and Mamonova E.E., the passenger in the latter’s car, Gorin M.M., who urgently needed medical assistance, was injured. Since the traffic accident occurred within the city, people passing by stopped and offered their services to deliver Gorin M.M. to the hospital and an ambulance was called. Without waiting for the arrival of the ambulance, literally two minutes after her call, Mamonov E.E. fled the scene of an accident in his own car, while he took Gorin M.M. to the nearest clinic. After assisting the victim Mamonov E.E. did not return to the scene of the accident. Since in this case the possibility of transporting the victim by other persons was available, the complaint of Mamonova E.E. on the decision to bring him to administrative responsibility for hours. 2 Article. 12.27 of the Code of Administrative Offenses of the Russian Federation was rejected by a higher court.
4. there is a need to clear the roadway from fragments of the car, the most damaged car. In this case, it is also necessary to fulfill the obligation to record everything as it was at the time of the accident. Only after that you can rearrange the car to the side to enable other motorists to pass. Recall that any movement of the car is prohibited by the rules, unless the situation is exceptional, which we described above.

The participant in the accident left the place: other consequences

If you violated traffic rules and decided not to wait for the arrival of the traffic police, then, in addition to bringing to administrative responsibility, the following consequences are likely:

• the situation in which the accident occurred may be distorted: after all, the scheme will be drawn up from the words of another participant and witnesses who may not pay attention to important nuances. Subsequently, it will be practically impossible to prove in court that the fixed scheme is not true.

To a greater extent, this applies to victims who, on their own initiative, left the scene of an accident.

Example. The driver Tarasov V.V., driving his car, became a victim of non-compliance with Popov A.The. rules of the road: he began to move to a prohibiting traffic light, as a result of which Tarasov V.V.’s car, which was moving to an enabling signal, was damaged. Both men refused to draw up a European protocol, as they did not agree with each other's opinion on the assessment and guilt (Popov A.V. claimed that he started moving when there was a yellow light and simply did not have time to complete the maneuver). since Tarasov V.V. was late for a flight, he left without making a map or photographing the position of the vehicles on the road. Subsequently, he failed to prove that it was not he who was the culprit, but A.V. Popov: two passengers who were traveling in a car with A.V. Popov gave explanations that their car was moving towards the permission signal. Thus it is non-compliance Tarasovym The.The. of the rules of the road about the need to stay where there was a collision, led to a distortion of the emergency and, as a result, unreasonable bringing to administrative responsibility of an actually innocent person.

• Special conditions for payments under OSAGO are provided for by federal law for those who are guilty of an accident and at the same time fled the scene.

It is known that all expenses for compensation for damage caused by the culprit are compensated by his insurance company. At the same time, a special clause has been introduced into all insurance contracts: in the event that the driver responsible for causing damage to another car is absent, the insurance company has the right to recover all the costs incurred by it for reimbursement by way of recourse. Insurers actively use this item.

Example. Guilty in the incident Novikov S.S. left without waiting for the traffic police. As a result, the victim Serov The.The. filed a claim to the insurance company Novikov C.S. about reimbursement of 350,000 rubles towards the cost of repairing his car. after the order of the court in order of execution Serov The.The. received cash, the insurance company went to court with a recourse claim against Novikov C.S. for reimbursement of not only 350,000 rubles, but also the costs of participating in the judicial review of the original claim (the cost of state duty, lawyer's remuneration, etc.). The court satisfied the recourse claim, motivating the rules of paragraph 76 of the OSAGO Rules on the need for the presence of the guilty person on the spot.

It is important to clarify that recovery of recourse is possible if the driver just disappeared, and not just left the place.

For example, the guilty driver wrote and handed over to the injured driver a receipt in which he indicated that he was guilty, provided his data, information about the car, and briefly indicated the nature of the damage. He can be held liable under part 12.27 of the Code of Administrative Offenses of the Russian Federation, but the insurance company is not entitled to count on a recourse claim.

So let's sum up

1. If you have an accident, remember to wait for the traffic police.
2. Exceptional circumstances may be: the impossibility of delivering the victim to the hospital in another way, drawing up a European protocol, the intention of both drivers to contact the employees of the nearest traffic police post with an already drawn up scheme, freeing up road space for other road users.
3. If these exceptional circumstances existed, measures should be taken to fix the location of the transport.
4. As of 2019, the punishment for leaving the scene of an accident can only be in the form of arrest or deprivation of rights, there is no penalty. In addition, you will eventually have to pay the injured party's costs in full.

Question answer

Question:
My child threw a ball from the window of our car at a pedestrian, we didn't stop What threatens the driver - the child's father - for hiding from the scene of an accident? The pedestrian filed a complaint against us.

Nothing threatens the driver, since the fact of a traffic accident is absent: the car is not a "participant" in your child's actions. An illustrative example of the absence of an incident is one of the rulings of the Supreme Court: a stone from under the wheels of a car broke the windshield of another car. The driver was found guilty of not staying at the scene of the accident. Supreme Court he did not agree with this position, pointing out that the incident itself did not take place - damage to another car was caused regardless of the actions of the driver, because he could not foresee such consequences.

Question:
I ran into a metal fence near the institution. Is there any punishment for me, I left the place of the collision, do I agree to compensate for the damage?

In practice, there are cases when the driver is held liable under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation for leaving after damage to a structure, building, etc. In the situation you describe, you will be punished under the specified article, since your car became a participant in a traffic accident with damage to property. If you voluntarily pay damages from a collision, this will be a mitigating circumstance that affects the type and amount of punishment.

Question:
If I ran into some object lying on the road and drove on, would this be an offense under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation? The only damage was to my car.

Within the meaning of Art. 2.5 SDA and art. 12.27 of the Code of Administrative Offenses of the Russian Federation, your actions, paradoxically as it may sound, fall under the intentional leaving the scene of an accident. At the same time, the Supreme Court of the Russian Federation explained that such non-compliance with traffic rules is insignificant, since they do not create a danger to other persons, other property, and do not harm anyone except the driver himself. Based on Art. 2.9 of the Code of Administrative Offenses of the Russian Federation, due to its insignificance, the perpetrator may be released from punishment.

Question:
To avoid a collision, due to the interference created by the Volkswagen car, I dodged to the right and collided with a Lada car. Volkswagen did not receive any damage, continued to move and fled, whether the driver of this car will be liable under Part 2 of Art. 12.27 Code of Administrative Offenses of the Russian Federation?

The absence of damage to a car driven by a citizen guilty of an accident does not exempt from the obligation to follow the requirements of traffic rules about being at the scene of an accident. Therefore, the driver of the Volkswagen must be held accountable. But on the condition that the driver of the Volkswagen violated the traffic rules.

Question:
What happens if both participants in the accident left the scene of the collision?

These drivers will not be able to compensate for the damage through insurance companies, since the circumstances are not recorded by the traffic police. In addition, it will be extremely difficult to prove in court the harm caused to each of them. Drivers also face mutual liability under Art. 12.27 of the Code of Administrative Offenses of the Russian Federation for leaving the scene of the accident.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days.

So, traffic accidents in Russia are quite a serious problem. Every year, about 200 thousand people get into road accidents, of which about 15% die (approximately 30 thousand people). There is no downward trend, so it is natural to expect approximately the same data in 2020.

To combat this problem, there is a special set of laws and rules that both the driver and the pedestrian need to know. This will help not only to avoid an accident, but also, if it has already happened, to competently defend your rights.

Thus, for example, one of the most frequent administrative offenses - leaving the scene of an accident - does not entail a fine, according to the law. But responsibility for this act has its subtleties. We will discuss this particular topic in our article.

Was there an accident?

The question is really important. After all, liability arises only if the accident actually happened. It is necessary to understand what an accident is, how this concept is interpreted. A traffic accident is an event involving a moving vehicle; material damage has been caused, or there are injured or dead people. That is, the fact of an accident is established only under the indispensable fulfillment of the following two conditions:

1. The presence of a moving vehicle.
2. Causing this or that material damage, damage to human health, etc.

If the accident is fixed, and the culprit fled the scene of the accident, he does not bear punishment in the event that the rules allow you to leave the scene of the accident (we will consider these rules later in the article). In all other cases, punishment is provided for in Article 12.27 of the Code of Administrative Offenses of the Russian Federation.

Depending on the conditions of the situation, the punishment may be either deprivation of rights for various periods, or administrative arrest for 15 days. Please note that there is no penalty for this act.

But in the law on OSAGO there is an article according to which the insurer can present recourse to the culprit of the accident if he fled the scene of an accident. Thus, the amount paid by the insurance company to the victim may be subsequently demanded from the culprit.

Did he evade responsibility or make the situation worse?

Many drivers mistakenly believe that by hiding from the scene of an accident, you can save yourself from problems - this is not at all the case. The traffic police officers who arrived at the scene of the accident will begin to interrogate witnesses, and it is likely that one of them will remember or write down the number of the culprit's car. Especially when it comes to a serious accident. So if the driver fled the scene, he only worsened his situation.

What about this problem is said in the rules of the road? According to the traffic rules, the driver involved in the accident must:

• In any case, wait for the traffic police to fix the incident.
• Provide first aid to the injured (if any).
• Do not, under any circumstances, move the objects involved in the accident!
• expose special sign emergency stop.

If one of these mandatory actions is not performed by the driver, then he will be liable, in accordance with part two of Article 12.27 of the Code of Administrative Offenses, for "Failure to perform duties in connection with an accident."

When do the rules allow the culprit to get away?

There are completely legal circumstances in which the driver has the right to leave the scene of an accident and not be held responsible for it. What is included in this list?

1. Mutual agreement. There were no injuries in the accident, there were no disagreements and disputes between the drivers regarding the event. In this case, subject to both of the above conditions, the problem can be solved without even calling the traffic police. Drivers draw up an accident scheme, sign it and go to the nearest traffic police post to certify documents.
2. Europrotocol. This paragraph also implies the resolution of the conflict without the intervention of police officers. Operates only when the following four conditions are met:
   • Incident involved no more 2 TS.
   • Only property was damaged, there were no human casualties.
   • Both drivers have a valid OSAGO policy (for the vehicle involved in the accident).
   • There are no disagreements between the persons involved in the accident regarding the incident.
3. Clear the way! The case when the driver needs to move the vehicle to a more comfortable spot to clear the road. Wherein it is extremely important to fix the initial position of the car in front of witnesses to prevent errors in the protocol.
4. There are people injured. As mentioned earlier, the driver is obliged to provide first aid. In a situation where the victim is in a state where he needs to be urgently taken to the hospital, the driver has the right to leave the scene of the accident to provide medical assistance to the victim. But with one condition - be sure to return to the scene of the accident.

Absolutely any other cases, even if the driver considers his reason valid, will be regarded as an "escape" from the crime scene.

No trial or investigation

Ultimately, if the drivers have a disagreement or there is a really serious accident, the issue will be resolved through the courts. First, an investigation will be carried out on the basis of the testimony of witnesses regarding the driver who fled the scene of an accident, then a verdict will be drawn up through the court for the culprit.

Depending on the situation, investigators on the search for the traffic police, investigators and operatives, in some cases even relatives of the injured or dead, will be engaged in the search for the perpetrator, depending on the situation. In general, hiding “without trial or investigation” is unlikely to work.

The court provides for two measures of administrative punishment for leaving the scene of an accident - this is deprivation of rights to the vehicle for a period of one to one and a half years or imprisonment for up to 15 days.

Important: the driver does not choose his own punishment. That is, the court does not look at any personal reasons according to which it allegedly cannot deprive the driver of the right to drive the vehicle (for example, if the driver needs a license in connection with work). Statistics say that most often in the course of a judicial action, it is precisely those who are deprived of their rights, so it is better to think again about how to act in this situation. You also need to keep in mind that only the court can deprive you of your rights, that is, this is not within the authority of the traffic police officer.

Video: Lawyer on the intricacies of conducting a case on leaving the scene of an accident

Came out of the water dry

If the driver still does not consider himself guilty, but he has the legal right to defend his own position in court. There is a possibility that in this way it is possible to avoid liability or reduce it to a minimum. It is necessary to provide evidence that in this situation the culprit still had the right to leave the scene of the accident.

If the accident is not serious or did not entail consequences for both parties, indicate this circumstance in court. Remember that the court has the right to release a driver who fled the scene of an accident, according to internal convictions.

Do not rush to give a sincere confession Discuss this issue with a lawyer. Your testimony can be used against you in court. Do not forget that you can refuse to testify at all without your defense lawyer, and also according to your constitutional right.

Thus, we are clearly convinced that, without knowing the law, it is quite difficult to cope with this situation, and with any other. Be careful on the road and follow the rules of the road!

It is believed that for leaving the scene of an accident, punishment will follow in any case. But there may be exceptions to this rule. Let's start to figure it out.

First, it is worth understanding what the law considers a traffic accident and what punishment is provided for it: a fine, deprivation of rights or criminal. Paragraph 1.2 of the SDA defines a traffic accident as a negative event that occurred while the vehicle was moving or while carrying goods on the road. Sometimes road accidents are accompanied by serious injuries of people. If this happens, the perpetrator faces criminal penalties. Caused only material damage to vehicles, cargo, structures - the degree of punishment is determined by the Code of Administrative Offenses. A fine or withdrawal of rights for a long period is assigned.

Administrative punishment

Traffic police statistics for 2015 determined that the main number of accidents occurred due to the fault of people behind the wheel. Two main reasons are named: violation of traffic rules and malfunction of the vehicle. The type and degree of punishment are defined in the Code of Administrative Offenses (Chapter 2, Article 27). The organizer of the accident must receive a fine of 1000 rubles (paragraph 1). If the perpetrator of the accident left the scene of the accident, then deprivation of a driver's license for a period of up to 1.5 years or administrative detention for 15 calendar days is required (paragraph 2). If the participant in the accident decides to leave (the driver who is not responsible for what happened), there will also be a fine for leaving the scene of an accident (paragraph 2).

The most frequently reported offenses are:

• collision of the vehicle while driving (including with cyclists);
• collision of a car with a parked vehicle;
• collision of a vehicle with a road structure;
• collision with a fixed object located on the road;
• overturns the vehicle due to control errors;
• collisions with pedestrians.

It is allowed to exclude mild cases from the composition of the accident. For example, car collisions resulting in minor body scratches. The conflict can be resolved on the spot: the culprit is allowed to compensate for material damage.

Leave allowed

It is useful to study Decree No. 1090 (issued in 1993, but revised in 2016). Section 2 "General obligations of drivers" defines the conditions under which it is allowed not to punish for leaving the scene of an accident.

Clause 2.6.1 defines the conditions when you can leave or tow the car to a safe place. It is allowed to leave if only property damage is found. But first, you need to fix, using any video recording equipment, the place and location of the vehicle on the road, objects and signs of braking (if any), damage to the vehicle. It is also necessary to take pictures of the surroundings (at home, road signs). Anything that identifies the environment and conditions of the collision. This will allow in the future to determine the amount of punishment for the culprit. Then the driver must (requirement in clause 2.6.1) clear the road to resume traffic flow. Therefore, Article 27, regarding deprivation of rights, cannot be applied by the inspector.

Clause 2.6 obliges to provide medical assistance to people who were injured as a result of an accident.

The order of the driver's actions: first you need to call an ambulance and call the police, then fulfill the conditions indicated in paragraph 2.6.1. When the arrival of an ambulance is delayed, and there is no other vehicle, the perpetrator of the accident must take the victim to the hospital himself. Accordingly, for leaving the scene of an accident in this case, according to the rules of the Code of Administrative Offenses, no additional punishment threatens. The hospital must make a record: the passport details of the driver, the number of the car and the time of delivery of the wounded. Then you need to arrive at the scene of the accident as soon as possible. Leaving the scene of an accident to transport the victim in court is regarded as a mitigating circumstance.

Accidents without serious consequences

Liability is not assigned for leaving the scene of an accident after minor accidents. There is a period that is considered administrative detention. According to the Code of Administrative Offenses (Article 27.5), it is three hours. The start of the report is the time of the first call to the police. If during this period of time the traffic police inspectors did not arrive, you need to make a second call and inform that you are leaving. Accordingly, disqualification will not apply. Previously, participants in an accident must draw up mutual claims in writing. If the cars are insured, this must be done in the presence of auto insurers. If these instructions are not followed, troubles may follow in mutual settlements between auto insurers.

Registration of an accident

Decree No. 907, effective July 1, 2015, allows you not to notify the police about an accident. This method of registration is acceptable if the participants in the incident have no disagreements on the assessment of property damage. The document indicates “not required”, but it is stipulated: first you need to fulfill the conditions for fixing all the details of the accident and draw a diagram of the location of cars on the road. Then you need to go to the traffic police post located near the accident site (allowed to the police station) for the final processing of all documents. For leaving the scene of an accident, the punishment provided for by the Code of Administrative Offenses in the form of withdrawal of rights from the culprit will not be applied. According to the rules of the Code of Administrative Offenses, he will be offered to pay the standard amount (1000 rubles).

Special conditions of use

The Code of Administrative Offenses provides for conditions that allow reducing or even completely eliminating the maximum penalties for leaving the scene of an accident. In terms of traffic, the judge uses Article 4.2 of the Code of Administrative Offenses, paragraphs 8 and 10. Departure from the scene of an accident in a state of passion or in cases of life-threatening circumstances for passengers. For example, if the driver urgently transported a relative to the hospital and had an accident. The judge evaluates the damage from the accident and possible harm for ignoring the requirement to deliver the patient to a medical facility (emergency situation). Perhaps the driver will not be deprived of his rights, but the damage will still have to be compensated.

The punishment for leaving the scene of an accident will be prescribed if the perpetrator did it consciously. And it does not matter when: immediately after calling the police or until the arrival of representatives of car insurers. Often violators are quickly found. The punishment will be much more severe when it is discovered that he is drunk. For this, the Code of Administrative Offenses provides for deprivation of rights for 2 years and an additional fine of 30,000 rubles. The rules prohibit the consumption of alcohol until the medical examination. The organizer faces the biggest punishment if he fled after an accident in which people were injured. Then his action is evaluated as leaving in danger. What will be the punishment, the court will decide, but according to the law they will not appoint less than 4 years. In this case, deprivation of rights for 5 years and even for a longer period is possible.

statute of limitations

The law actually provides the driver, the organizer of an accident without serious consequences, with the opportunity to hide for three months, then continue driving the vehicle. Chapter 4 of the Code of Administrative Offenses is in force (Article 4.5 - statute of limitations). Only 3 months have been allotted to catch the culprit. If during this period the perpetrator is found, then he will remain without rights for the maximum possible period, which the judge deems necessary to determine.

The statute of limitations in the event of death of people can be 10 years (Criminal Code of the Russian Federation serious violations of the law). In any situation, hiding from responsibility is not worth it.