Accident culprit fled what to do. What to do if the participant in the accident fled? Compensation for damage from an accident, the culprit of which fled

Accident culprit fled what to do. What to do if the participant in the accident fled? Compensation for damage from an accident, the culprit of which fled

Reading time: 7 minutes

It's good when the car ride goes without incident. But, unfortunately, no one is immune from unpleasant situations on the road. It is not uncommon for a driver who caused an accident to flee the scene of an accident in a panic. Everyone has their own reasons for such actions: some simply get lost and leave in a state of shock, while others run away to avoid punishment. But no matter what feelings the culprit of the accident is guided by, the victim eventually needs to solve a difficult task: how to get a payment for OSAGO if the culprit of the accident fled the scene.

What are the payments for an accident under OSAGO

In accordance with the current legislation, every motorist must have an OSAGO insurance policy without fail. According to its terms, in the event of an accident, the insurance company pays compensation to the injured party for the repair of the vehicle, as well as for the payment of treatment and rehabilitation. Thus, the state guarantees that the victim after the accident will not be left alone with his problems and he will not have to restore his health and car at his own expense.

The insurer, in accordance with the terms of the policy, is obliged to make a payment within the sum insured. The amount of insurance compensation is regulated by the Federal Law "On OSAGO" and is:

  • for harm caused to the health and life of each victim - no more than 500 thousand rubles;
  • for damage caused to the property of each victim - no more than 400 thousand rubles.

The validity period of the OSAGO policy is 1 year, so drivers need it every year.

What to do if the perpetrator fled the scene

Unfortunately, cases when the perpetrators of accidents run away from the scene are not uncommon. Therefore, every driver should know what to do if the culprit of the accident fled. First, do not panic - thus, the chances of minimizing the consequences of the accident will increase, as well as the likelihood of finding the offender faster. Secondly, remember as much information as possible about the culprit of the accident: the make and model of the car, color, if possible - license plate, some characteristic features. This will help the police to quickly find the culprit and bring him to justice.

How and what kind of payment can be received under OSAGO insurance if the culprit of the accident was not found

Accident victims often worry about how to get insurance if the participant in the accident fled the scene. After all, if the offender was not found, it is not known which insurance company should be contacted for compensation.

Of course, there are chances that law enforcement officers will still catch the offender, especially if the victim wrote down the number of the car or at least can describe the vehicle in detail. However, over time, the likelihood of this decreases. Usually search activities are carried out within a month, in special cases they can be extended up to two months.

In addition, one should take into account such an option that the MTPL policy of the culprit of the accident is missing or expired. In this case, the victim has the following options:

  • agree on voluntary payment of compensation;
  • apply to the court or to the Russian Union of Motor Insurers (RSA).

By the way, the latter option also makes it possible to receive payments under OSAGO, if it was not found either.

However, it should be borne in mind that by contacting the PCA, the victim will not be able to receive compensation for damage to property. The Union pays insurance on the car only in two cases: if the insurer went bankrupt or his license was taken away.

However, the victim himself in the accident will be able to count on compensation:

  • lost earnings;
  • expenses for treatment, food and others related to the restoration of health.

The amount of the payment provided for compensation for harm to health and life caused as a result of an accident depends on the nature of the injuries and cannot exceed 500 thousand rubles for each victim.

In order to receive compensation, the victim must contact:

  • an insurance company that is a member of the Union;
  • directly to RSA.

There he must write an appropriate application and provide:

  • documents confirming the fact of the accident: a certificate of an accident issued by the traffic police, a copy of the protocol on an administrative violation;
  • a copy of the insurance policy of the person responsible for the accident (if any);
  • notice of an accident;
  • the conclusion of an independent technical expertise;
  • passport (for individuals) or constituent documents (for legal entities);
  • driver's license;
  • registration certificate for the car.

In addition, you must carry documents confirming the costs of treatment and rehabilitation of health.

Based on the received papers, the amount of compensation is calculated, which is transferred to the victims according to the details specified in the application.

In turn, the PCA will recover the costs incurred from the violator if he is found over time.

How to make amends if the culprit is found

If the perpetrator of the accident does show up or is found and he admits his guilt, you can negotiate with him about compensation directly. Otherwise, you will have to prove his involvement in the accident through the court.

By the way, the cost of a lawsuit can be attributed to the costs incurred for the restoration of property, as well as for treatment and rehabilitation. But in order to receive payments, you will have to wait for the final verdict of the judicial authority.

After the perpetrator admits his guilt or his guilt is proven in court, you should contact the insurance company that issued the policy to receive a compensation payment. There you will have to fill out an application for damages, provide all documents about the incident, as well as a court decision.

The insurance company pays damage compensation within the sums insured established by law. However, before payment, an examination of the property is mandatory, which will determine the extent of damage and the cost of repairs. Based on the information received, the final amount of compensation is calculated. If during the accident harm was caused to the health of the victims, then the amount of the payment is determined based on the results of the forensic examination, which indicate the severity and nature of the injuries. The punishment for the driver for fleeing the scene of the accident, namely the deprivation of the right to drive a vehicle for a period of 1 to 1.5 years or arrest for 15 days, provided for by Article 12.27 of the Code of Administrative Offenses of the Russian Federation. Which of them will be applied depends on the decision of the court.

By the way, the escape of the violator from the scene of the accident is the basis for the insurer to contact him with a requirement to regress the insurance payment.

In addition to administrative punishment, the violator can be held criminally liable, but he did not provide first aid. In particular, art. 125 of the Criminal Code of the Russian Federation provides:

  • a fine of 80 thousand rubles;
  • compulsory work for up to 360 hours;
  • correctional or forced labor for up to 1 year or imprisonment for the same period;
  • arrest for 3 months.

If the perpetrator of the accident first fled, and then returned to the scene of the accident, he will be fined a maximum of 1,000 rubles.

It should be noted that there is only one justification for leaving the scene of an accident - the transfer of the victim to the hospital. All other reasons will only exacerbate the situation.

Finally

In order for the person injured in the accident to be able to receive compensation and pay for his treatment and restoration of damaged property, the state introduced. This insurance policy is required for all vehicle owners. In the event of an accident, the insurance company that issued the policy to the person responsible for the accident is obliged to reimburse the victims for all expenses, which should not exceed the amount of insurance amounts established by law.

But is insurance paid if the perpetrator of the incident fled the scene? Several options are possible here:

  • If the violator is found and found guilty through the court, his insurance company will make insurance payments.
  • If the culprit is not found, the only option to get a refund is to contact the Russian Union of Motor Insurers. However, in this case, only the costs of treatment and rehabilitation of the victims, as well as their lost earnings, are compensated, while damage to property is not subject to compensation.

Both in the insurance company and in the RSA, the amount of insurance compensation for treatment, rehabilitation, etc. depends on the nature of the injuries received and the severity of the injuries, but cannot exceed 500 thousand rubles for each victim. The maximum amount of compensation for damage to property cannot exceed 400 thousand rubles.

To increase the chances of receiving compensation if the perpetrator of the accident has fled, the victim must follow these rules:

  • do not leave the scene of the accident;
  • try to remember the offender;
  • periodically ask the police about the progress of the investigation.

What to do if the perpetrator of the accident fled: video

The worst thing that can happen to a car enthusiast is, of course, an accident. Today, the procedure for analyzing traffic accidents allows you to quickly establish who is right and who is to blame. But what should the driver do if the culprit fled the scene of an accident? How to prove your case? How to get paid under OSAGO? And other questions that may arise in a similar situation.

Can I leave the scene of an accident to the victim?

Important! It should be borne in mind that:

  • Each case is unique and individual.
  • Careful study of the issue does not always guarantee a positive outcome of the case. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the proposed options:

In the event that you are the one who fled the scene of an accident, and you worry about how legitimate it is, in what cases it is possible - a very useful plot of the “First Transfer”.

We hope that our article was useful, and now, if the culprit fled the scene of an accident, you already know what to do.

Naturally, after any, even a minor accident, it is extremely important to first assess the situation and analyze exactly what data you managed to remember. For example, color, body type, brand, etc. will be extremely important indicators in this case. Ideally, of course, if you managed to remember the numbers of the car in which the culprit fled the scene of an accident. But in a stressful situation, this is not always possible.

In the video review "First Transfer" in the 3rd part of the program, our topic is just touched upon. Recommended for viewing!

So, what to do if the perpetrator of the accident fled the scene:

Persecution of the guilty

When getting into an accident, citizens often seek to “catch up” with the second driver, who, in their opinion, is responsible for the accident. Doing this is strongly discouraged. Regardless of the reason for leaving the scene of the accident and the presence of fault, the driver will be held responsible. Leaving the place where the accident occurred is qualified separately. The sanction for an offense is regulated by administrative law - Art. 12.27 Administrative Code of the Russian Federation. The maximum penalty option: deprivation of the driver's license to drive a car for up to one and a half years.

The fact that one of its participants left the scene of an incident is not an admission of guilt.

Additional Responsibility

In addition to damage to property - damage to the car - people can suffer as a result of an accident. Regardless of the cause of the accident, and the actions of the second participant, the driver remaining at the scene of the accident is obliged to take measures to help the victim. If inaction is detected, the driver may be held criminally liable. Punishment is regulated by Art. 125 of the Criminal Code of the Russian Federation.

In order to save the life of the victim, the vehicle is allowed to move. That is, the driver can deliver the victim to the nearest hospital if there is no other option for emergency assistance. Within the city and the territorial proximity of medical institutions, it is rational to call an ambulance. After delivering the victim to the nearest hospital, the participant in the accident must return to the scene of the accident.

We do not leave the scene of an accident and call the traffic police

In no case should you change the location of the car in which it is located after an accident. This is extremely important, because changing the position of the car, later it will be extremely difficult to prove one's case. You should turn on the "emergency gang" and put up a warning sign 10-15 meters from the car.

In cases where the culprit left the scene of an accident, as in standard cases (when both participants in the accident are at the scene), you should report the accident to the traffic police. But it is necessary not only to inform the inspectors about the incident, but to emphasize that the perpetrator fled the scene of the accident. Next, provide all the information you know about the offender's car. The fact is that the sooner the search begins, the higher the chances that an unscrupulous motorist will be found and held accountable.

Witnesses

Until the traffic police arrived at the scene, try to find witnesses to the incident. It is not necessary to look for passers-by, because it can be employees of shops located nearby, or even residents of nearby houses. For greater effect, you can inform potential witnesses in advance that the driver fled the scene of an accident.

The ideal option is if the accident occurred on a busy road. After all, motorists passing by will notice that the driver has fled the scene of an accident, and they also know very well what to do in such cases. It is not uncommon for accidental motorist witnesses to chase the culprit.

Accident without the participation of the owner of the car

Often, an accident can occur in the parking lot at the store, in the parking lot or in other places where the owner left his car. Upon arrival, he found damage. What to do in such cases?

Step-by-step instruction

If evidence of the participation of the car in an accident without the presence of the driver is found: in the parking lot, parking lot; you need to follow a simple algorithm of actions:

  1. Report an accident. The call is made to the traffic police on duty.
  2. Take action to protect the scene of the accident. Do not move the car!
  3. Gather testimony from witnesses in the vicinity. You can interview employees of the parking lot, passers-by, write down the contact details of the interlocutors. We advise you to find out about the availability of CCTV cameras, ask for a copy of the recording. Optimally, if the witnesses wait for the traffic police.
  4. Describe the situation in detail to the arriving traffic police officers. Keep in mind that the data is recorded from your words, so physical evidence will be paramount: car damage, tire marks. After that, witness statements and video recordings will be taken into account.

In the absence of evidence, the initiation of proceedings may be refused. The refusal is contested if there is evidence of an accident.

If the culprit is not identified

Establishing the identity of the person responsible for the incident is a mandatory element of the investigation. If the guilty person is not identified, then it will be extremely difficult to receive compensation. It is not enough to identify the owner of the car, because another person could drive the car. In this case, the responsibility (civil) of the driver comes. The basic principle of obtaining compensation from the insurance company is to prove the innocence of the injured party. If the perpetrator is not identified, then the victim can also be considered as such. It is possible to prove otherwise in a civil lawsuit against an insurance company.

The traffic police arrived. What's next?

Because at the moment you are the only participant in the incident, it is your testimony that will be recorded in the protocol. At the same time, it will be a big plus if you can personally draw (draw) an approximate diagram of the incident. But try to state everything in fact, without too much gag, because. the slightest discrepancy will play far from in your favor.

After the traffic police officers have taken all the necessary actions, you should call your insurance company and inform them about what happened. An employee of the company must come and fix the damage to your car. But it is not worth hoping that payments will be received in the prescribed amount and on time. Until the employees of the state traffic inspectorate identify the culprit, you will not be recognized as a victim in an accident.

In this case, you can call an employee of the insurance company at the same time as calling the traffic police.

How are damages reimbursed?

How can I get a refund for a damaged car if the culprit left the scene of an accident. There are 2 scenarios of events - with and without OSAGO insurance.

Compensation for damages without a policy

The legislator established that the fact that the participants in the accident did not have a policy does not deprive the injured persons of the right to compensation. However, this rule applies only to situations where harm is done to the health (life) of citizens. Property damage cannot be compensated without insurance. The exception is a civil lawsuit against the culprit.

To receive compensation to the victim or his relatives (at death), you must contact the RSA (Russian Union of Motor Insurers). Conditions for applying to the RSA:

  • bankruptcy of the insurer;
  • failure to identify the person responsible for the accident;
  • no policy;
  • revocation of the license from the insurer.

The amount of compensation payments depends on the amount of damage caused. But the maximum is set: at the moment - up to 500 thousand rubles. The distribution of compensation payments is also regulated: up to 25 thousand rubles. for burial and up to 475 thousand rubles. for reimbursement.

How to get insurance payments?

Compensation for harm to health and life is simple - it always happens. It doesn't matter if the person responsible is identified. In the case of compensation for property damage, the situation is reversed. The presence of a culprit is necessary to receive compensation. Actions to identify the perpetrator can be any, subject to their legality.

How to get OSAGO if the culprit of the accident fled? If the culprit has not been identified by the traffic police, then compensation is made by insurers after a trial, which establishes the innocence of the driver who wants to receive damages. The trial takes place according to the rules of the civil process, that is, the victim (plaintiff) is obliged to prove his position. As part of the process, examinations are carried out to establish the causes and circumstances of the accident.

There are two options for receiving insurance money:

  • from your insurance company;
  • from the insurer of the guilty driver.

When the court determines who is responsible for the accident, if an unknown driver is identified as such, the plaintiff can apply to his insurance company for compensation. In practice, insurers rarely make such payments voluntarily. A separate claim may be required, already against the insurance company. If the guilt of the second driver is established in court and his identity is known, then I am required to the insurer of the guilty. Such compensation is almost always carried out, however, the amount of compensation can be reduced. Part of the amount may be recovered specifically from the guilty driver, and not from the insurance company.

Lawyer of the Collegium of Legal Protection. He specializes in administrative and civil cases related to traffic violations, compensation for damages, disputes with insurance companies, appeals against regulations and decisions of the traffic police, consumer protection.

There are a lot of problems when it comes to recovering damages caused by an accident. One of them concerns payments under OSAGO if the culprit of the accident fled. What the owner of the damaged car should do in this situation, we will tell further.

What to do when the perpetrator of the accident managed to escape

Compulsory liability insurance for motorists provides them with the opportunity to cover their costs of restoring a damaged car. However, in practice, there are often difficulties with paying for damages under insurance.

If the perpetrator of the accident fled the scene of the accident, the question arises of how to get insurance. And what should one do in such a situation?

First of all, it is important not to lose your head and not to start chasing the intruder. The probability of catching up with him is low, and leaving the scene of a traffic accident, the car owner will only aggravate his situation. After all, even if the offender fled, it is important for the other side to stay where they are, wait for the police and complete all the required documents about the accident. It’s good if the driver managed to see and remember the number of the violator’s car. Many drivers today have a DVR in their car, which helps to record what is happening around them. Then by this number it will be possible to find the car owner himself.

Most often, the car disappears quickly, so it is not possible to make out its number. In the absence of records of the departed car, it remains to look for eyewitnesses to the accident. But this does not always help to identify the offender. What should the owner of the damaged car do in such a situation?


Since the driver is unknown, it is impossible to find out the company in which he insured. Therefore, the question arises of who will compensate the victim for the damage suffered.

What you should not do is to leave the place of collision, rearrange the car, arrange an independent pursuit of the offender. These actions can make it difficult for police officers to work.

Communication with traffic police

If the culprit fled the scene of an accident, then the paperwork will be carried out only with the participation of the injured party. After an accident, the owner of the affected car should act as follows:

  1. The traffic police must be called to the scene. They will inspect, hear the explanations of the driver and passengers, witnesses (if any), draw up a protocol on what happened.
  2. Police officers draw up an accident scheme, a protocol on violations committed by drivers. Car owners who are on site are invited to sign these documents. Before doing this, you should carefully read them and make comments on the protocol.
  3. After completing all the documents on the spot, the driver goes to the police office. There he can write a statement about the search for the disappeared car owner.

Prior to the arrival of the traffic police, the car owner himself can take the following actions:

  • try to remember or record the number of the leaving car;
  • photograph the damage caused to the car, the scene of the accident;
  • find eyewitnesses of the incident and ask them to testify.


Based on the information received from the injured driver, the testimony of eyewitnesses, and other available materials, the police begin to search for the offender. If it can be found, then the victim applies to the insurance company for compensation. In other cases, you should not count on payments from the insurer of the offender.

UK Notification

If the culprit of the accident is established, then the algorithm of the actions of the second driver is clear. Another thing is when he is hiding and his policy data is unknown. Without this information, it will be difficult to find the company that insures it. Regardless of the situation, you should notify your insurer of the incident. For this you need to provide:

  • incident statement;
  • protocol and certificates from the traffic police;
  • notice of an accident;
  • applicant's passport.

You should not count on OSAGO payments from your insurance company or on repairs. Without information about the person responsible for the accident, payment for insurance is not carried out.

Receiving an insurance payment if the perpetrator left

It is possible to receive insurance payments if the offender left the scene of an accident. They can be carried out by the Russian Union of Motor Insurers (hereinafter - RAMI). All organizations that carry out insurance of car owners under OSAGO are necessarily its members.


If the injured driver cannot receive payment from the insurer, he has the right to apply to the PCA for compensation.

Articles 18-19 of the Federal Law "On OSAGO" dated April 25, 2002 establish the procedure for calculating compensation payments from the RSA.

Compensation from the PCA can be paid both in case of damage to property and health (life) of a person. If the person who caused harm to the second driver is unknown, then only damage to the health (life) of the victim is compensated. In this case, no compensation for damages incurred by the car is made by the company of car insurers. To receive compensation, you need to submit an application to the RSA, documents from the traffic police, documents for a car, a copy of the applicant's passport. The submitted application is considered within twenty days.

What if the culprit was later found

If the second driver returned to the scene of the collision before the paperwork was completed by the police, he participates in the preparation of all documents about the accident and resolves issues with the injured about paying for damages. Payment can be made by agreement between the parties or through the insurance company. If the offender showed up later, then he will have to answer for his actions. The insurer has the right to recover from the guilty driver who fled the scene of an accident, the paid amounts in the recourse order.


When the identity of the culprit is established, the victim will be able to contact his insurer. This is possible if the driver in question is properly insured. Otherwise, it will not be possible to compensate for the damage at the expense of insurance.

When there is no insurance or the driver does not have the right to drive a car, then the issue will have to be resolved through the courts. The victim will need to assess the damage, prepare a claim, pay the state fee, present all available evidence to the court. After accepting the claim for proceedings, the court will consider the dispute at the appointed time. In the process of consideration, the positions of all parties are heard, if necessary, an examination can be appointed to determine the amount of damage suffered.

Of course, the return of the guilty person to the place of the accident is desirable, as it will greatly simplify the procedure for obtaining compensation, but you should not count on the consciousness of your “opponent”. It is better to immediately take all the necessary actions so that in the course of the proceedings, partial blame for the accident is not imposed on the person who suffered in it.

Unfortunately, situations when the perpetrator hides in an unknown direction after DPT are far from uncommon. What should a law-abiding citizen do in this case?

Has there been an accident?

It is no coincidence that we indicated the citizen, and not just the driver. Many people forget or do not know that a person can become a participant in an accident without having a car and a driver's license at all. It is important to remember that an accident is any incident on the road that has led to damage to property or harmed the life and health of road users. Thus, if someone flew into your front fence or, worse, hit your dog and then drove off, then the following instruction is also for you.

First things first

If you see that a person, having collided with your car, is going to leave, you do not need to honk and, moreover, run after him. It would be more correct to write down the car number - just write it down, at least with a note on the phone, since in a state of passion you can forget the signs of the car. Immediately after an accident, you must do everything that is prescribed by the rules of the road - stop, turn on the emergency gang, put up an emergency stop sign. Then you can find out the circumstances and call the traffic police.

When calling the number 112, it is necessary to report that the culprit fled the scene of an accident and indicate the details of his car. If your car interferes with traffic, then, according to the traffic rules, you are obliged to fix the place of the accident and remove the car from the roadway. You can fix it by drawing up a diagram of an accident, photographing, filming a video. Try to find witnesses, take their phone numbers. If you have a DVR in your car, this will play into your hands. Now we are waiting for the traffic police.

Escape Punishment

What does it mean to flee the scene of an accident? Article 12.27 of the Code of Administrative Offenses of the Russian Federation has two explanatory parts in this regard. Part one is when the second participant in the movement did not fulfill his obligations in the event of an accident, prescribed by the rules. For example, near the house, a neighbor hit your car and left, thinking that no one would notice. You called the traffic police, and if he comes out to "surrender" after the inspector arrives, then his actions will not be considered as "leaving the scene of an accident." According to part 1 of article 12.27, he simply did not fulfill his duties. The maximum that threatens him - a fine of 1000 rubles.

Quite another matter is the second part of Article 12.27. If the second participant is absent at the scene of the accident after the arrival of the inspector, his actions will definitely be qualified as a violation, for that he faces deprivation of a driver's license from a year to 1.5 years or arrest for up to 15 days. It is also worth noting an important point. You have collided with some car, but the circumstances are such that you can neither look for the owner nor wait for the traffic police, but decide to leave a note with your contacts under the janitor. In this case, it remains to rely solely on the mutual decency of the driver whose car you damaged. If he decides to call the traffic police to the place and does not inform you about this or informs you, but you cannot come, then in the next year you are a pedestrian.

The search for a fugitive

The most ideal option is when you know the car number, make, model and color. Even better, if the incident was filmed by your DVR. In this case, the culprit will be found very quickly. Everything is much more complicated if you did not have time to write down or were not in the car, for example, you came from a store with purchases, and the car was broken. In this case, you will have to take your own initiative. As Zheglov said, "... in every, even in the most secret business, there will always be a little man who has heard something, seen something, knows something, remembers or guesses." You will have to do just that - look for security cameras and witnesses.

All collected information about the fugitive is transferred to the traffic police search department. Specialists collect and examine eyewitness testimony, video and photographic materials, and carry out other operational activities to find the culprit. If the number of the car is known, then it is entered into a special database of the traffic police, and the inspectors are given an orientation for this car, after which they begin to check the cars that match the description. In the event of a serious accident with human casualties, the “Interception” plan may be announced to search for the escaped culprit. In such accidents, as a rule, a criminal case is initiated, and employees from the criminal investigation department are connected to the search.

statute of limitations

The statute of limitations for administrative offenses is three months. This means that police officers have three months to find the culprit, write out a decision on an administrative offense and hand it over to him against signature. In the event that this was not done within three months, then law enforcement officers will no longer be able to issue him a decision on an administrative offense. That is, neither deprivation of rights, nor 15 days threatens him, but he still has to pay for car repairs or compensate for other damage caused.

True, and here it is not so simple. This is possible provided that it is found no later than 3 years from the date of the accident.

The situation is somewhat different with the search for the car of the culprit. There is no time limit for searching for a car. Therefore, as long as the fugitive's car is listed in the wanted list, there is always a chance that he will get caught. True, such an incident is possible, if the culprit has expired the statute of limitations for an administrative violation, and the car is still in the database, then it will be slowed down, but they will not be able to punish for fleeing the scene of an accident.

How to get compensation if the culprit is not found?

Everything is very difficult here. Under current laws, you will not be able to receive a CMTPL payment, since the insurance company will require a policy of the second participant in the accident, but there is none. You can only receive compensation from the Russian Union of Motor Insurers for injuries and deaths. To receive a payment, you must apply to the RSA with an application. The only option to restore a car not out of your own pocket is CASCO.

The culprit was found, how to get compensation?

There are options here. If the owner of the car, the culprit or the one who was driving at the time of the accident, has an OSAGO policy, then you can contact the insurance company for payment. If there is no policy or he does not plead guilty, then he will have to prepare for court. To do this, you will need to undergo an independent technical examination (at your own expense), determine the amount of damage caused to you, prepare documents and a statement of claim in court. It is worth noting that resolving this issue through the courts is not the best option; with significant damage, the full payment will have to wait for years. It is better to try to resolve everything in the form of a pre-trial claim.

- never leave the scene of an accident, even for a while;
- if they left you a note with an apology and a phone number, call and try to settle everything peacefully;
- take everything into your own hands, especially if you could not immediately write down the number of the car of the culprit;
- try to find the culprit on your own, look for witnesses, post information on automotive forums and portals, in social networks;
- DVR can greatly simplify life in such situations.

Almost any driver, getting into an accident, is in a small trance - a state in which he is confused and cannot understand and remember anything. Such behavior is the worst possible manifestation of human feelings in the event of an accident, so some of the actions of the participants in an accident may be strange ... For example, being in shock from what happened, the culprit of a traffic accident can simply hide. In this article, we will consider what actions the injured party should take if the culprit fled the scene of an accident, and what actions should not be taken.

First steps after an accident

The first rule that the injured party to the accident should be guided by is to try to immediately remember the signs of the car guilty of the accident. For this, you need to remember:

  • state registration number of the car;
  • brand and color of the car;
  • the place and nature of the damage to the body received by the culprit in a collision.

If, as a result of an accident, these signs were not recorded, in no case should you try to chase the car that caused the accident - such an action will threaten administrative or even criminal punishment for leaving the scene. In such a situation, one should be guided by the rule - if the culprit of the accident has disappeared, then the damage as a result of the accident will be obliged to pay your own insurance company within the time limits established by applicable law.

Protocol registration procedure

Even if the perpetrator of the accident fled the scene, the victim should be guided by the established traffic rules, which consist of the following steps:

  1. Turn on the alarm.
  2. Post an emergency stop sign.
  3. Call an ambulance if needed.
  4. Call the traffic police and call the inspectors to the scene.
  5. Find witnesses to the incident and those who could remember at least some information about the culprit of the accident.

Next, you should wait for the arrival of traffic police officers. In the event that witnesses say that they need to go somewhere, but the traffic police officers do not arrive by this time, be sure to take their contact information in order to subsequently contact them to testify.

After the arrival of traffic police officers at the scene of the accident, the following measures are required:

  • bring traffic police officers up to date and introduce them to witnesses;
  • explain to them that the perpetrator of the traffic accident has fled and provide all available information about him (together with witnesses);
  • carefully make sure that everything that was written in the protocol is described down to the smallest details and, after verification, sign the protocol;
  • drive to the nearest department of the traffic police, where you will need to write a statement on the search for the hiding culprit;
  • call the insurance company and notify the representative of the insurance company that an insured event has occurred - an accident has occurred through no fault of the insured, and the culprit fled the scene of the accident;
  • wait for the results of the search for the driver who fled the crime scene.

The procedure for processing documents

As soon as the culprit is found, it will be necessary to immediately make a decision - how to get insurance compensation from him - either by going to court or directly to the insurance company. There is also a mandatory procedure under which the victim will not be able to choose the option of receiving compensation if the perpetrator of the accident on that day did not have a driver's license for any reason, or there was no OSAGO, or he refuses to admit the fact that he is the perpetrator of the road accident. - transport incident.

In any case, it should be remembered that it will not work to go to court only with a statement of claim - you will need to collect a small package of documents:

  • certificate of an accident;
  • protocol of inspection of the scene;
  • damage assessment document.

If the culprit does not deny his guilt in the accident, and at that time he has a valid OSAGO policy, then you can safely contact the insurance company, and then, with the correct execution of all documents the first time, it will be possible to quickly receive insurance payments.

What to do if the culprit of the accident is not identified?

In the event that the culprit of the accident fled the scene and was not found during the operational-search activities, it is necessary to contact the insurance company. Employees of the insurance company must formalize the insured event that has occurred and prepare documents for the payment of insurance compensation. If the insurance company refuses to pay out OSAGO funds, you should not put an end to everything. In this case, documents should be prepared for their subsequent consideration in court without the participation of the perpetrator of the accident.

In this situation, the culprit should file a lawsuit, and the insurance company will be the defendant in court, since there will be no one to give claims for the recovery of insurance compensation. After drawing up a claim against the insurance company in which OSAGO was issued, you should wait for the start of the trial.

Based on all the testimonies of witnesses, the conclusion of the examination and the words of the victim, the court will make a decision. If the victim can prove the guilt of the second participant who fled the scene of the accident, the court will oblige the insurance company to pay compensation in full. After receiving a legal court decision, you should immediately contact the insurance company for payment.



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