Many drivers do not know what to do if the perpetrator of the accident fled the scene, and how to get insurance. The resulting damage can be significant, and without an insurance company it cannot be covered.
Actions after an accident
There are thousands of road accidents in Russia every day, so you need to know what to do if the accident was carried out by a fugitive driver. There are two options for the development of the situation:
- the victim managed to write down the brand and number of the car of the culprit;
- The identity of the culprit has not been identified.
If you know what vehicle the culprit used in the accident, you can contact the traffic police. In the second case, it is impossible to find it, as well as to receive a refund, because the culprit will not be able to provide his OSAGO policy.
Regardless of how the initiator of the accident behaves, the injured party needs to do the following:
- stop the car if the accident occurred while driving;
- turn on the "emergency gang" and install the appropriate emergency sign;
- record the data of the violator of traffic rules and witnesses of the accident;
- call the traffic police;
- travel with employees to the branch and write a statement.
Help: do not try to catch up with the culprit on your own, as this can lead to a worsening of the situation. In addition, you will have to be responsible for leaving the scene of an accident.
Consequences for the driver
- deprivation of a driver's license for a period of 1 year or 18 months;
- arrest for 15 days.
Most often, drivers are deprived of their rights. If both participants fled the scene of a road accident, then administrative sanctions will be applied to both of them. The period for which the document is taken depends on a number of factors. For example, the driver does not hide from the scene of an accident, but simply leaves without noticing the damage caused to another car.
Now car owners can prove the circumstances of the accident using the recording from the DVR. Such evidence is accepted in court.
Another thing is if the culprit fled the scene of the accident deliberately, trying to avoid responsibility. Then the injured party will have to go through the procedure of applying to the insurance company for compensation.
From the initiator of the accident, only contact information and information about his insurance company are required. Without a policy, it is almost impossible to receive OSAGO payments. But there are cases when the culprit of the accident can leave without waiting for the arrival of the traffic police.
- If the participants in the accident go together to the nearest department of the state traffic inspectorate, having previously drawn up a diagram of the incident. At the same time, the drivers have no disagreements about the collision.
- In case of minor damage to the vehicle, the parties may draw up a European protocol.
- There is a need to transport the injured to the hospital. Then you need to fix the place of the accident with the help of photos and videos, and then go back and call the traffic police.
- You can move the vehicle if it interferes with the movement of other drivers. In this case, the position of the car and damage should be fixed.
All other cases will be regarded as a conscious flight from the scene of the accident. The missing driver will be searched for according to the signs indicated by the witnesses of the road accident.
Getting insurance
Every car owner has an insurance policy. OSAGO is most often used, since this insurance implies liability to third parties. Everything related to OSAGO is regulated at the state level, therefore it is forbidden to drive without this policy.
There is also CASCO - a type of voluntary insurance (except when buying a vehicle on credit). A little more expensive than OSAGO, but with large insurance payments. There is DSAGO insurance, the maximum payment for which is 30 million rubles. Most often used by owners of expensive cars, the repair of which will cost a tidy sum.
If the culprit is found, he will pay for the damage caused during the accident. But his insurance company will do this, and subject to the availability of an appropriate policy. Then the driver who fled the scene of the accident will have to pay everything on his own.
If the driver during the accident did not have a license or policy with him, sometimes insurance companies compensate for the damage, but then they may require the culprit of the accident to return the amount paid.
To receive money under the OSAGO policy, you will need the following documents:
- protocol;
- certificate of an accident;
- policy of the culprit (copy);
- driving licenses of both participants.
A prerequisite for recovering compensation from the perpetrator without a SAGO policy is to go to court. Naturally, if the parties failed to agree on compensation peacefully. The court requires the following papers:
- statement of claim;
- protocol;
- an act of an independent examination of the vehicle.
Compensation is paid on the basis of a court decision. In addition to compensation for material damage, the victim has the right to demand in court the provision of moral compensation.
If the driver is not found
If the second participant managed to escape unnoticed, then the insurance company will refuse to pay the damage. But the victim has several options for receiving payment. To begin with, you can try to get money from your insurer, and in case of refusal, go to court.
A number of necessary examinations will be carried out to identify the culprit of the accident. If the results of the examination prove that the second participant in the accident is the culprit, you can apply for payment to your insurance company. If both drivers are at fault, compensation can be split.
Another way to receive funds is to contact the PCA. Insurers by law list a certain percentage of this organization:
- that compensation be paid if the company goes bankrupt;
- to make payments if the driver left the scene of the accident.
He can receive money from the PCA if the damage was caused not only to the vehicle, but also to the health of the victim.
The following documents must be provided:
- statement;
- documents from the state traffic inspectorate;
- confirmation that the driver fled the scene;
- examination results;
- passport;
- driver's license;
- certificates confirming the infliction of harm to health;
- Bank details.
If necessary, you should seek to receive payments from the RSA through the courts.
If the culprit of the accident fled the scene, then you should know how to get insurance. Of course, it is better when the data of the culprit remains with the injured party - then it is easy to find him by the car number. To do this, many car owners use DVRs to record all the details of an accident.
According to the OSAGO rules, the payment of funds is provided, provided that the culprit of the emergency has been identified. The situation can become much more complicated if the co-driver fled the scene of the accident.
In such a situation, it is very problematic to receive compensation, and in order not to carry out the procedure for restoring the vehicle at your own expense, you must act competently and only within the framework of the current legislation.
There are a number of situations in which leaving the scene of an accident cannot be called a violation:
- the driver took the injured people to the hospital;
- the citizen performed his official duties (applies to doctors, firefighters and policemen);
- the car was transported to a safer place in case of fire.
Is it possible to find the culprit of an emergency if he fled the scene of an accident? The fact is that leaving the scene of an accident is automatically an offense, and in order to search for the criminal, it is necessary to conduct an investigation, this is done by the traffic police. The injured driver must give a detailed and detailed account of what happened on the road.
From him it is necessary:
- fix the number of the car, as well as its distinctive features;
- find witnesses to the accident.
Be sure to collect data from DVRs on vehicles. Traffic police officers are looking for other evidence that can help sort out the situation. The evidence base should include footage from surveillance cameras that are located on nearby houses, and a database of drivers is also being studied.
The driver has the right to take part in the investigation, but only if he has any evidence regarding exactly where the offender is. This can happen in situations where the driver is familiar with the guilty citizen and knows his car. This information may simply be missing, and in such a situation, the actions of the injured person may be limited to testifying.
Witnesses at the scene of an investigation play a special role. They should be interrogated on their own and record all the testimony on the sheet, while not forgetting to write down the personal data of the witnesses for further investigation.
Any information can come in handy, from the color of the car to the clothes the driver was wearing. Information should be recorded.
Vehicle number is known
The investigation time can be reduced several times if you know the license plate number of the guilty citizen's car. Police officers will check who the vehicle was registered to, find out the owner's details and contact him immediately.
The investigation may be delayed if difficulties arise:
- The vehicle was driven by someone other than the owner. In such a situation, employees must find out who exactly was entrusted with the control of the machine;
- The car belongs to a legal entity, so it is allowed to manage several people at once. In such a situation, a survey is conducted among the employees of the organization in order to find witnesses as soon as possible;
- The car was put on the wanted list, and if theft is carried out, then the search process may take some time.
When there is no data
The absence of any information about the vehicle can complicate the search for the violator of the law. In such a situation, you can safely rely on information that will be obtained from witnesses, but there are often situations when a car collision occurs on a deserted highway without witnesses and pedestrians.
Law enforcement agencies use their methods to search for violators and the investigation will continue only until a positive result is achieved, so the injured citizen can only languish in anticipation. You can search for witnesses by posting information in the media and social networks. The driver could also violate other traffic rules, and the violation was recorded by a video surveillance camera or a video recorder of another citizen.
How to compensate for the damage if the culprit of the accident was not found
What to do if the driver is not found?
The second participant could simply escape from the scene of the crime, then the insurers may refuse to pay for the material damage caused. The victim can use one of several options to receive payments. He needs to contact his insurance company to receive finances, or, after a refusal, immediately go to court.
In the future, a number of various examinations are necessarily carried out, thanks to which it will be possible to identify the culprit of the accident. The results of the examination may show that the second participant is the culprit of the accident, and then you can safely contact your insurance company to receive a number of payments. Both drivers may be at fault, and then the amount of compensation should be evenly divided between them.
One way to get funding is to contact the PCA.
According to the current legislation, insurers must transfer a certain percentage of this organization:
- to pay compensation if the company declares itself bankrupt;
- to carry out the procedure for disbursing funds if the driver left the scene of an accident.
Money from the PCA can be obtained if damage has been caused not only to the car, but also to human health.
In such a situation, it is necessary to provide a package of documents for consideration:
- application in writing;
- documents from the state traffic inspectorate;
- confirmation of the fact that the driver left the scene of the accident;
- expert evaluation results;
- passport;
- driver license;
- certificates from the hospital, acting as confirmation of the harm caused to health;
- bank details to which funds will need to be transferred.
If necessary, it will be possible to obtain payment of funds from the PCA, but this procedure is possible only through the courts. The culprit of the accident could have fled the scene of the accident, then you need to know how to get insurance payments.
Well, when the data of the perpetrator of the emergency remains with the injured party, then it is quite easy to find him by the car number. You can use a video recorder that captures all the details of an emergency.
How to find the culprit of an accident if he fled
Leaving the scene of an accident is an offense in itself. And in order to catch the criminal, the traffic police must conduct an investigation, in which the injured party will provide all possible assistance.
He will need:
- record the number of the car, as well as its distinctive features;
- find witnesses to the accident.
If possible, you should collect video from registrars on other machines, this evidence base will allow law enforcement officers to quickly unravel the detective tangle. Such data also includes shooting from cameras that were located on nearby buildings.
The driver is allowed to take part in the investigation, but only if he knows exactly where the offender is at the moment. The data may be completely responsible, then the actions of the injured motorist can be regarded as a restriction on testifying.
Witnesses play a special role at the scene of an emergency. They should be interviewed, write down personal data on a piece of paper, and thanks to this approach, it is possible to speed up the procedure for investigating the case. Any information can be useful, which is why it is so important to pay attention to numerous details.
For example, the passenger's clothing, or the presence of dents on the hood, etc. You must fix all this.
Responsibility of the driver who fled the scene of an accident
The culprit of the accident on the roadway could simply escape from the scene of the accident and he will definitely be held responsible for such an action.
Much will depend on a number of circumstances of an accident on the roadway and, according to the current law, several types of punishments are established:
- deprivation of rights for a period of one year or one and a half years;
- arrest for fifteen days.
According to statistics, the driver's license is simply taken away, but if both participants fled the scene of the accident, then an administrative penalty will be applied to each of them.
The period for which the documents are taken will largely depend on a number of other factors. For example, the driver did not flee the scene of the accident, he just left and did not notice that it had happened. Thanks to DVRs, it is possible to prove their innocence and drivers actively use it. The court considers all evidence.
If the perpetrator of the accident deliberately left the scene of the accident, trying to avoid liability, then the injured party must apply to the insurance company to carry out the procedure for compensating for the losses caused. The initiator of the accident must provide his contact details, as well as information about the insurance company. The absence of an OSAGO policy reduces to a minimum the possibility of receiving payments.
There are situations when the perpetrator of an accident on the road can leave and not even wait for the arrival of the traffic police.
- If the participants in the accident went together to the same department of the state traffic inspectorate and made a map of the incident on a piece of paper in advance. Also, they don't disagree about what happened;
- The vehicles suffered very minor damage and the drivers limited themselves to drawing up a European protocol;
- There was a need to transport the victims to the hospital. It is imperative to fix the place of the emergency and this happens thanks to photo and video shooting, then you need to return and call law enforcement officers;
- The machine can be moved if it obstructs the movement of the rest of the transport, but before that, its position must be fixed.
The remaining cases can be regarded as a real escape from the scene of an accident on the road. The driver who fled will be searched based on various signs and testimonies of participants and witnesses of the accident.
What you need to get insurance after an accident
Each driver has an OSAGO policy, which implies liability to third parties. Insurance is regulated at the state level, so citizens do not have the right to move without an insurance policy.
There is also CASCO - this is a voluntary type of insurance, it costs several times more than OSAGO, but pays much more money to its customers. There is also DSAGO insurance, with its maximum payouts, which can reach 30 million rubles. Usually it is issued by the owners of expensive cars, the repair of which will cost a large amount.
If the culprit of the accident was quickly found, then he pays the damage caused during the accident, but the insurance company should do this for him and only if there is a policy.
There are situations when the driver does not have a policy or rights with him, and then the insurance organization carries out the procedure for indemnification, but then may require the culprit of the accident to return the amount paid.
To receive funds under the OSAGO policy, you need to collect the following package of papers:
- present the protocol;
- submit a certificate of an accident on the road;
- a photocopy of the policy of the guilty citizen;
- the rights of each of the participants in the accident.
The procedure for recovering funds from the person responsible for the accident without an OSAGO policy is carried out by going to court.
If the parties failed to agree on receiving compensation peacefully, then the court obliges to present the following documents:
- statement of claim;
- protocol;
- evidence that an independent expert assessment of the machine has been carried out.
If the culprit of the accident fled: what to do
The first thing to do is to calm down and stop panicking. The situation has already happened, nothing can be changed. You need to do everything possible so that you in no case “lose” from an accident in which another road user is to blame:
- Designate the location of the accident. Turn on the "emergency gang" and set the emergency stop sign. If the accident occurred within the boundaries of the settlement, then the sign is set at least 15 meters away; if outside - then not less than 30 meters. In case of ignoring the observance of elementary safety rules, you may expect a protocol on an administrative offense on the part of the arrived traffic police officers.
- In no case should you move the car and other objects that are related to the accident. Try to draw an approximate diagram of the accident and take photos at least on your mobile phone.
- Looking for witnesses to the accident. In order to prove the guilt of the second participant in the accident, who fled, you need, in addition to yours, also testimonies. Therefore, exchange coordinates with everyone who saw the culprit of the accident. Very handy will be recordings from the cameras of the DVRs of passing cars.
- Of course, the search for a driver who left the scene of an accident will be a priority for the traffic police, but, as you know, no one will help you except you. Therefore, note all the details at the scene of an accident - this can be useful during investigative actions.
Compensation for the injured driver
An important question for the injured party, of course, will be who will pay for the damage?
There is no hope for your insurance company if the culprit of the accident is not found: what if you staged the accident?
But even if you still find the owner of the car, it may well turn out that he was not driving at the time of the accident. Therefore, in order to receive compensation from insurers, it is necessary to find the one who was driving.
Important: here you should insert a small remark that if as a result of an accident harm was caused to the life or health of citizens, then they can apply for damages to the Russian Union of Motor Insurers (RSA). But it is only about life or health! After the completion of all investigative actions, when it is already clear whether the culprit of the accident was found or there is no such possibility, the victim with the documents and the corresponding application applies to the RSA.
Do not tire of reminding yourself in the traffic police; they must provide you with all available information about the vehicle that was involved in the accident.
So there are two options:
- The culprit of the accident is still not found and all the costs of restoring the car are borne by you.
- The culprit of the accident is located, and you go to court.
In order to justify the amount of the requested monetary compensation, the injured party must provide the results of an independent examination, in the conclusion of which the amount necessary to restore the damaged property will be indicated.
If the victim has already repaired the car, then he can present checks and acts of work performed.
As judicial practice shows, judges in most cases take the side of the victim and do not trust the arguments of the perpetrator of the accident, especially if he fled the scene of the offense.
Don't know your rights?
Punishment for leaving the scene of an accident and judicial practice
If the perpetrator fled the scene of an accident, he may face a punishment in the form of administrative arrest for up to 15 days, deprivation of rights for a period of 1 to 1.5 years.
But here you should be careful. The Code of Administrative Offenses clearly provides for only one situation - the driver leaving the scene of an accident in violation of the Rules of the place of traffic.
In all other cases, this is not considered to be hiding from the scene of an accident.
For example, if two cars collided, but the drivers have no claims against each other, they draw up an accident scheme and drive away. Or another situation when an accident was registered according to the European protocol, without the traffic police. In these cases, the departure of the driver is not considered leaving the scene of an accident. Or another common situation: there are victims at the scene of an accident, and there is no way to send them to the hospital in any other way than to go to one of the drivers.
In addition to administrative punishment for those who fled the scene of an accident, there will also be a financial one. The fact is that the Insurance Rules provide that if the driver fled the scene of an accident, the insurance company has the right to file a recourse claim against him for compensation for the amount of damage paid to the victim.
But you can also get out of this situation "dry out of the water." The article on holding liable for leaving the scene of an accident provides for intent in the actions of the perpetrator. But there are situations when the “culprit” simply did not notice the accident: for example, he pulled back and hit the car. But since I didn’t feel anything, I calmly drove on. Therefore, lawyers are advised to always be present at the court session, since in some cases there is a real opportunity to justify their actions.
But judicial practice on such issues is very contradictory: often the court and the driver who left the scene of an accident differ in the interpretation of the term “emergency” when leaving the scene of an accident. For example, the driver hit someone's car, but since he was in a hurry to a parent meeting and there was a child in the car, he did not wait, but simply left a note with a phone number. The court did not consider these circumstances as an emergency and deprived him of the right to drive a car.
It is worth noting that the composition of Article 12.27 of the Code of Administrative Offenses is formal, and therefore it does not matter what damage was caused to the car, the fact itself is important. Therefore, you can slightly touch the bumper or completely wrinkle the side in the car - the punishment is the same. Only the amount of damages paid will be different.
Imagine a situation: a snow-covered taiga, and you and your “opponent”, trying not to freeze, are waiting for the traffic police outfit. An hour passes, then a second, and there is still no “help”. You dial the cherished numbers 02 again, and everyone feeds you with promises ... Of course, the taiga is a very atypical situation. But in this case, we can talk about some distant area where there is no stationary traffic police post. In this case, after several hours of waiting and a second call, you can safely leave the scene of the accident, and in court you will simply refer to the facts of the call; since all calls to the traffic police are recorded and recorded, it will be very difficult to refute your words.
Of course, do not forget to draw up an accident diagram in advance and exchange contacts with the second driver, so that in which case your testimony is confirmed.
Payment is provided provided that it is determined. The situation becomes more complicated when the second driver flees the scene.
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It is difficult to get compensation. And in order not to restore the car at your own expense, you should act competently and within the law.
There are several situations in which it is not a violation:
- transportation of injured people to the hospital;
- fulfillment of official obligations (concerns firefighters, policemen and doctors);
- transportation of the car to a safe place for people in case of vehicle fire.
How to stop someone at fault from leaving the scene of an accident
In the event of a car collision, the following basic rules should be followed:
- stop, turn on the emergency stop sign;
- put up an emergency stop sign on the road;
- provide first aid to injured persons;
- call the traffic police;
- notify the insurer by phone about;
- arrange the scene of the incident, fill out;
- take part in the preparation of the protocol.
This is the standard procedure for an accident on the road. They must be fulfilled by both parties, regardless of the definition of the guilty party.
But sometimes the driver, fearing punishment, hides from the scene. This is an offense for which the deprivation of a driver's license and even arrest is provided.
The injured driver should take action to stop the driver. These include the desire for a peaceful solution to the conflict.
But in situations where the driver does not even stop after a collision, no action should be taken due to the risk of injury.
From the injured driver, only competent registration of the scene of the incident and participation in the investigation are required. Responsibility for the capture of the criminal falls on the shoulders of law enforcement agencies.
Sometimes a guilty driver leaves the scene of an accident unintentionally. For example, he hit a parked car and did not notice any damage.
Or motorists agreed on the spot, material compensation for the harm caused was betrayed, but without drawing up a receipt. This removes guilt and responsibility from the driver, but slightly softens the prescribed punishment.
Is it necessary to pursue
It is important to understand that the responsibility of the perpetrator of the accident will be determined in court. An injured driver should act within the law to avoid punishment. And for, you can not leave the scene.
For this reason, it is not worth prosecuting the offender. It is only necessary to remember or fix the state number of the car, make, model and, if possible, the appearance of the driver.
The pursuit of the intruder can cause new collisions, but with human casualties.
You should not take the responsibility of law enforcement agencies, whose duty it is to search for and catch criminals.
Leaving the scene of an accident is a crime. To catch the criminal, an investigation is being carried out by the traffic police. In this case, the injured driver should provide all possible assistance.
He is required to:
- fixing the car number and distinctive features;
- search for witnesses.
If possible, it is worth collecting video from registrars on cars. The search for other evidence is possible only by law enforcement officers.
These include shooting from surveillance cameras of nearby organizations, studying the database of drivers, etc.
The driver can take part in the investigation, provided that he has evidence of the presence of the offender. This happens in situations where the driver knows the car or the driver at fault.
If this information is missing, then the actions of the injured motorist are limited to giving evidence.
Of particular importance in the investigation are witnesses at the scene of an accident. You can interrogate them yourself by fixing the testimony on a piece of paper. Be sure to record the data of witnesses for the investigation.
Any information will come in handy - the color of the car, the driver's hat, the presence of passengers, dents on the body, etc. All information provided should be recorded.
If the number is known
When the state number of the vehicle responsible for the accident is known, the investigation time is significantly reduced.
Law enforcement officers check who the car is registered to, the owner's data.
At best, this ends the investigation. But a number of difficulties may arise:
- The vehicle was not driven by the owner, but by another person. Investigators find out who was entrusted with driving the vehicle.
- The vehicle is owned by a legal entity and several persons are allowed to drive it. In this case, a survey of company employees, a search for witnesses is carried out.
- The car is wanted. If the car was stolen, the search for the offender is delayed indefinitely.
When there is no data
Lack of information about the car greatly complicates the search for the intruder. The testimony of witnesses will serve as fundamental information. But there are situations when a collision of cars occurs on a deserted road, without passing cars and pedestrians.
Law enforcement agencies have their own methods of finding violators. The investigation continues until a positive result is achieved, so the injured driver can only wait.
You can help by searching for witnesses by posting information on social networks, the media and other sources.
It is possible that the driver violated other traffic rules, where he was recorded by a surveillance camera or a DVR.
Actions when the intruder is found
The fact that the culprit of the accident is found, law enforcement officers must notify the injured driver.
In most cases, the car has already been repaired by this time, since it is not always relevant to wait for the end of the investigation.
If the repair is made, then you should save the documents indicating the amount of money spent in the car repair shop. With them, the injured driver should apply to the court to recover compensation and cover expenses.
To recover compensation from the culprit, you will need to go to court with a statement of claim. To compile it, it is recommended to contact lawyers who will help to correctly present the data.
The following documents are attached to the application:
- Report drawn up by a police officer at the scene of an accident. It should indicate the circumstances of the incident, the factors indicating the guilt of the offender. The document also contains information about the damage caused to the car.
- A document confirming the defendant's guilt in the accident. Search activities are recorded in a special document. It contains full information about the offense committed and indicates the degree of guilt of the driver in the accident.
- The result of the examination. This document is compiled by independent experts who inspect the vehicle and prepare a cost estimate. As a rule, damage assessment is carried out in the direction of the insurance company, but you can order it yourself. The document contains information about the damage received and the total amount of damage.
- Receipts or other payment documents. After the repair work, the driver should be given payment documents indicating the costs. The paper determines the amount of compensation sought.
- Medical certificates. If people were injured or died, then it is possible to recover material compensation from the culprit for treatment and moral damage. To do this, medical certificates and the result of a forensic medical examination are attached to the application.
After submitting the documents, you will need to wait for the court session and take part in it. The plaintiff's claim will be satisfied provided that the guilt of the second driver is clearly defined.
If there are not enough facts and evidence to convict the defendant, then the case will be closed and the claim of the plaintiff rejected.
The victim has the right to appeal the verdict within 10 days in a higher court. For this, all the documents listed above and the court order are attached.
Before recovering damages from the person responsible for the accident, you should contact a lawyer or lawyer. It is important to correctly present information to the judicial authorities in order to achieve satisfaction of the claim.
Investigators who investigated this incident and searched for the offender will also be able to help.
How to get damages
The rules stipulate that the payment to the injured party is made on the condition that the culprit of the accident is identified.
If the parties could not agree () or the law enforcement authorities recognized the guilt of both drivers equally, it will not work to receive payment.
If people were injured in the accident, then compensation is paid by contacting the PCA. But this method extends to compensation for damage caused to people. That is, to receive compensation for the restoration of the car will not work.
According to the rules for receiving payments, the injured driver must contact the insurance company within five days.
If this period has been extended without a valid reason, the insurer has the right to refuse compensation. But when it comes to delays due to investigation, insurance companies often make concessions.
You should not expect that after 2-3 months the violator will be found, and the insurance company will gladly pay the required amount of money. The maximum waiting period rarely exceeds 2-3 weeks.
It turns out that if the culprit is not found, then there is no point in contacting the insurance company? In fact, it is. But still it is worth notifying the insurer about what happened by providing documents.
If the company goes to meet the client, the waiting period will be increased. In other cases, the culprit will have to compensate for the costs after the trial.
Leaving the scene of an accident is an offense punishable by loss of driver's license and arrest.
The driver who has been injured in an accident is also not happy with the absence of the culprit, which puts a ban on receiving compensation from the insurance company.
Such cases are resolved in court, where the degree of guilt of the second driver and the punishment are determined. The injured driver is required to collect information from the scene of the accident and competently prepare documents for the court.
Video: What to do if the culprit of the accident has disappeared?
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A traffic accident is an extremely unpleasant phenomenon in itself, capable of throwing any person out of balance. And if the second participant in the accident fled the scene, then there is no need to speak at all - confusion, anger, a feeling of helplessness. Stop! The first thing to do is to calm down.
And start acting, observing certain rules - this will help you protect your interests. So, remember the order of your actions in case of an accident:
Designate the location of the accident.
Immediately turn on the hazard warning lights and put up the warning triangle that every driver should have in their car. If an accident occurred in a populated area, this sign must be located at least 15 meters from the car, and outside it - at least 30 meters. If you ignore these steps, don't be surprised if employees draw up a record of administrative responsibility.
Call the traffic police and an ambulance
If people are injured in an accident, call an ambulance immediately. And, of course, the traffic police, even if the accident was trifling - of course, if you want to receive the insurance payment due to you.
Do not confuse the tracks!
Neither the car, nor any other objects, even slightly related to the traffic accident, should in any case be moved from place to place - this will make it difficult to restore a complete and objective picture of what happened.
The only exception to this rule is when the car completely blocks the roadway and interferes with other road users. If possible, it is desirable to clear the roadway. But do not forget to indicate the location of the car after the accident, as well as all other items. And it is best to do this in the presence of witnesses - then the traffic police will have fewer questions.
Search for witnesses
While you are waiting for the traffic police, do not waste time in vain - try to find as many eyewitnesses of the incident as possible. If one of them cannot wait for the police, write down the contact details - last name, first name, patronymic, phone numbers. And the more witnesses you find, the greater the chance that the runaway driver will be found. Most likely, someone remembered the color of the car, the brand, and if you are very lucky, then the numbers of the car.
In addition, recently, many people have video recorders in their cars - and they very often become silent witnesses of many traffic accidents. By the way, you can search for witnesses even if you are very confused right away - give announcements to the media in your city. It may very well be that someone will remember your accident and respond.
Strictly speaking, the search for a driver who left the scene of an accident is a direct task of the traffic police - this is prescribed by law. However, in practice, the situation is quite different - the chances that all forces will be thrown in search of the driver - the "villain", tend to zero. Therefore, remember that the salvation of drowning people is primarily the work of the drowning people themselves.
Pay attention to the smallest details - the width of the wheels of the second car, pieces of headlights or glass, drops of oil, paint residue, which can often be found in scratches on your car. Be sure to ensure that all this evidence is included and recorded in the protocol from the scene. Very often, the examination allows you to find out a lot of details about the car that disappeared from the scene of an accident. Yes, and in court, these evidence with a conclusion will be very useful to you.
Legal aspect
The question that worries car owners the most is who will pay for the damage? After all, there is no hope for the insurance company - if in the end the culprit of the accident is not found, the insurance payment can not be expected. The reason is simple - the culprit of the accident is unknown. Is this entirely your fault?
And even if you find the owner of the car, you should not rejoice - it may very well be that he was not driving at all. This means that you can’t count on compensation for damage - you need to find exactly the driver who was driving during the accident. If suddenly, for some reason, the owner of the car had amnesia and he forgot who he transferred control to, you should not despair.
Go to the traffic police and file a petition - you are required to provide all the information they have about this car: traffic violations, scheduled document checks. The chances that the driver will be found sooner or later are very high. But only if you are persistent and periodically remind you of yourself! Otherwise, the case will be pushed to the far shelf, where it will be successfully covered with dust.
The worst option is that if the driver is still not found, we will not consider it. Everything is already very clear - the cost of restoring a damaged car will entirely fall on your shoulders. But let's not talk about sad things - if the culprit is found, we go to court with a lawsuit.
Compensation for damage
In order to demand monetary compensation, the court must present an examination evaluating the cost of restoration work. If the car has already been repaired at the time of the trial, present all receipts - in no case should you throw them away! If the court decides that the second driver is guilty, all your expenses will be compensated - this is required by law.
True, if the fugitive driver manages to prove that the accident was caused by force majeure circumstances, the court may decide to reduce the amount you demand. However, in practice, judges do not really believe drivers who have fled the scene - such an act does not have confidence.
