Valery-79

Hello! I was driving at a speed of 30 km per hour. The horse jumped out. She flew over the car and ran away. Called DPS. All arranged. The car was damaged. Are you obligated to pay insurance coverage?

Certainly. Contact insurance company horses within 5 days, otherwise they may refuse. The main thing, together with the horse, fill out the notice of the accident, and that it signs in your copy.

Valery, Hello.

In this case, you need to recover compensation from the owner of the horse, if he is known.

Horses are not insured under OSAGO, so there will be no insurance payments in this case.

Good luck on the roads!

Good night. IN adjoining territory Husband went for a walk with a dog (Spitz) without a leash. A car drove into the arch of the yard and knocked down a dog at the turn. The driver stopped, but the husband did not see the license plate or the brand of the car, it was not before that he carried him to the veterinary clinic. The dog survived, but she still has a lot of operations and no one knows how it will all end. Surveillance cameras show that he was driving at a fast speed. They couldn't make out the make and number of the car. Can I file a complaint with the police and in general what actions to take.

Why did the husband carry the driver to the veterinary clinic???

In short, I did not understand anything!

Galina, Hello.

In this case, you can contact the police in order to eventually receive compensation for harm from the driver.

Good luck on the roads!

Svetlana-126

And if a cat was knocked down on a moped by teenagers who were flying at a furious speed, the cat died on the spot, and the owners found the downed cat and those who knocked it down only a day later, there is still a witness who saw all this, how long can you write a statement to the police to Have they been punished, or is there nothing else to be done?

The same event, only from the other side!

A boy and a girl were driving along the road on a moped, suddenly a cat jumped out and under the wheels. The moped fell, both had broken limbs. The girl is scheduled for plastic surgery. The cost of treatment is about 2 million rubles. We know the owner of the cat. How long does it take to write a statement to the police and claim the costs of treating and repairing a moped from the owner of the cat?

Damn, fucked up! When a PET sits at home, no one knocks it down !!! And when you take a PET animal outside, then limit its movement with a leash, chain, or anything!!! Because it's a street, it's meant for everyone!!! Including for tank drivers!

Hello, I was driving through the village, 20-40 km. The sun was blinding and did not see a running dog on the road. Shot down unfortunately to death. Stopped, found the owners. He helped drive her home, left his contacts. What should I do in such a case?

Svetlana-126

And these girls and the boy had the rights to drive a moped, I wonder? And they don’t know how to drive, and then cats and dogs are to blame, without a license and there’s nothing to sit down

Svetlana-126

And what do you want? If you punish violators according to the law, of course - write a statement. If you repair the damage, try talking to them. Although, if these are children, the main thing is that they repent of their mistakes, do not take money from them and do not arrest them.

They weren’t going to take the money, they wanted to write a statement why parents are allowed to ride a moped at the age of 13, well, about a week passed after everything that happened, they searched for a cat for 2 days until they found witnesses who saw how the moped knocked her down, then they looked for the owners of the moped, found, In general, it's probably too late to write now, or is it not too late? What do you think to do? I would leave them to go further until they themselves fall off this moped, only then the lesson will be for them and their parents

At what distance from a rural settlement is road sign"Animals on the road"? Cattle are often run down along the highway near the village, unfortunately for some reason there is no sign, and they are diligently looking for the owners of the cattle in order to recover the amount of damage from them. How should it be right? Since yesterday, a live cow has been lying near the road with broken legs and a horn, what to do in such cases?

Olga-193, the indicated warning sign 1.26 "Cattle Drive" (or 1.27 "Wild Animals") is set:

SDA. 1. Warning signs.

"... outside settlements are installed at a distance of 150 - 300 m, in settlements- at a distance of 50 - 100 m before the beginning of the dangerous section. If necessary, signs can be installed at a different distance, which in this case is indicated on the plate 8.1.1.

If an accident happened to you, call the traffic police. If you see a wounded animal, also call either the traffic police or the Ministry of Emergencies ...

Hello! There was an accident on the highway after the settlement. He knocked down a cow at night in the complete absence of lighting on the highway. Put up signs and called the traffic police. The owners of the cow were not there and subsequently did not show up. The traffic police recorded everything and issued me a ruling on the refusal of an administrative offense, that is, it was not my fault. The car was seriously damaged. There was no sign "wild animals" in the course of my movement, although the traffic police say that they have it in the register. Can I claim any compensation for the OSAGA pole. Thank you in advance!

Alexander-698

Good afternoon, please tell me, my cattle, that is, a cow, was hit by a passenger car before 1700 Moscow time outside the settlement whether I will be responsible for this incident.

Huseyn, Hello.

OSAGO does not insure your car, it insures liability to other road users. Those. In this case, you will not be able to receive payments.

The owner of the cow must compensate for the damage caused. In this case, it makes sense to look for him.

Good luck on the roads!

Alexander, Hello.

Describe the situation in more detail. If you drove a cow without violating the rules, then the driver of the car may be to blame for the accident.

Good luck on the roads!

Anastasia-87

Hello!

Please tell me how this situation will be resolved: two cars were involved in an accident, and in one of them there was a thoroughbred (expensive) dog. Because of the accident, the dog died or was injured, will the damage for the dog be reimbursed under OSAGO? I am a breeder, I often take my pets to exhibitions, etc. I want to understand.

Good afternoon On the afternoon of November 3, on a road 10 km from the city, a roe deer flew into the car through the left (driver's) door. Speed ​​was ok. 50 km/h. There was no "Wild Animals" sign. They called the traffic police, and they also came from the regional committee of nature. They said there was no violation. On December 14, a letter arrives from the Regional Committee for Nature with a demand to pay a fine of 40,000 rubles. Is it possible to pay "below the bottom" and in installments? Has the court ever set aside a fine of this kind?

Anastasia, Hello.

The damage that the driver in as a result of an accident inflicted on the owner of the dog (death of the dog) must be compensated (Civil Code of the Russian Federation Article 1079, part 1), including under OSAGO.

If the owner of the dog is the culprit of the accident, then the damage will not be compensated.

Good luck on the roads!

Anna, Hello.

What exactly were you fined for? According to what article of what document?

Anastasia-96

Is it possible to receive compensation from the owner of an animal who walked a pet in violation of the rules of keeping and this animal provoked an accident?

Anastasia If you have suffered damage, then it is worth trying to get compensation.

Good luck on the roads!

Hello, please tell me, a car was driving towards me, I gave way to it, at that moment a girl with a dog was crossing the road with a dog on a leash, behind my car, I, in turn, without turning back, started moving forward, and already starting to leave, she knocks on my trunk and says I nearly ran over her dog. I started to move forward without turning back, perhaps at that moment the dog, so to speak, and (twitched towards the moving car). The girl started banging on the trunk and saying that I almost ran over her dog, she began to take pictures of my license plates and threatened to call the police. How to be in this situation.

I am sure that the rapid response team will be on site in 2 minutes after the call. You, Maria, will be able to make a counter statement that you were almost bitten by the owner of the dog.

Maria, Hello.

In this case, it makes sense to call the police (not the traffic police), describe the situation and report that you are threatened with illegal involvement in administrative responsibility. Then proceed in accordance with the instructions given by the police officer.

Good luck on the roads!

The dog was hit by a car and fled the scene. Leaving the animal to die. The dog was without a leash, accidentally ran out of the house. Undocumented dog, simple puppy 4 months old. There are witnesses. The dog had 2 surgeries. Can I recover the amount spent on treatment and operations?

Tatiana-189

Hello!

and yet who is to blame in the event of a collision with a pet if she (in this case, the dog) walked without a leash and ran out onto the roadway for one clear reason. Considering that the driver did not leave the scene of the accident and speed mode did not violate. And is it possible to recover material damage from the owner of this animal?

Personally, in my opinion, the owner should be fully responsible for his animal, especially since he already violated the rule, since walking dogs without a strict leash and a muzzle is prohibited.

Alina, if the fact of causing damage is recorded (documents on an accident are drawn up, which indicate that the driver is a participant in it), then it makes sense to recover from him the amount spent on treating the animal. Article 1079 Civil Code allows you to do this.

Good luck on the roads!

Tatiana, Hello.

Article 1064 of the Civil Code of the Russian Federation:

1. Harm caused to the person or property of a citizen, as well as harm caused to the property of a legal entity, shall be subject to compensation in full by the person who caused the harm.

You can try to recover from the owner of the animal the cost of repairing the car.

Good luck on the roads!

dog accident- a situation that can happen to any car owner. This is not surprising, because animals are unpredictable creatures and can run out onto the road at any moment. According to statistics, thousands of dogs and other animals die under the wheels of cars every year. And if on the territory of settlements, as a rule, pets are the participants in road accidents, in villages, chickens, geese, cows and other "representatives" of local farms more often fall under the wheels.

As for long-distance roads, cars on them often knock down bears, foxes, hares and other wild animals. Below we will consider what an accident with animals is fraught with, what consequences are expected, and whether it is possible to count on compensation under OSAGO.

The term "animals" in traffic rules

For starters, you should look into the traffic rules and see what is indicated in the rules about animals. Despite the frequency of accidents with such "traffic participants", this term is not so common - in section 25, paragraph 1.2, as well as in the description of some road signs (with numbers 3.8, 1.26 and 1.27). In the paragraphs mentioned, as a rule, we are talking about farm animals. At the same time, it should be understood that there are no traffic rules for such creatures, and the responsibility lies directly with the driver, the owner of the animal or the driver, depending on the situation.

Is a collision with an animal considered an accident?

To begin with, we will figure out whether an accident involving an animal belongs to an accident. To clarify this issue, it is worth referring to the corresponding term, which is spelled out in clause 1.2 of the SDA. It states that an accident refers to an event that occurred during the movement of the vehicle, and the result was the death (injury) of people, damage to the vehicle, structures, cargo and other material damage.

From the foregoing, the conclusion suggests itself that hitting a dog or other animal is an accident, because the action takes place on the road, and the car is damaged. If the car remains intact, other material damage may occur (for example, the owner). The Civil Code of the Russian Federation (Article 137) states that standard property rules apply to animals. This is due to the fact that other legal acts do not provide otherwise.

If a pet that has an owner got under the wheels, this situation also applies to an accident. This is due to the fact that material damage is caused to the owner. This means that a collision with a dog is definitely an accident. If we are talking about wild animals, we are talking about the damage caused to the state.

What to do in such a situation - general provisions

A collision with an animal refers to the traffic rules, so it is forbidden to leave the scene. The Code of Administrative Offenses (Article 12.27, part 2) states that hiding from the scene of an accident can lead to the loss of rights for a period of 1 to 1.5 years. In more complex cases, you can be under arrest for up to 15 days.

Consider what to do in a situation if the animal has fallen under the wheels of a vehicle. The first thing to do is to make sure you have a host. This can be judged by indirect signs, for example, the presence of a collar. Regardless of the animal's ownership, after an accident, it is important to remove it from the road in order to eliminate risks to other road users. If there is damage to the vehicle, you can claim damage coverage under CASCO, but for this, an appropriate clause must be in the contract with the insurer.

To increase the chance of receiving payments, it is important to call an employee of the insurance company to the scene of the accident and record the scene of the accident with a photo or video camera. If the dog survived after the collision, according to the current rules, it should be taken to a veterinary clinic and transferred the necessary amount for treatment. This requirement is met in rare cases, because few drivers want to stain the upholstery or the luggage compartment in the blood of an animal. In addition, an injured dog can become quite aggressive. In 9 out of 10 cases, everything ends with the animal being dragged to the side of the road.

If the dog has an owner, there is no need to rush to pay the amount for treatment. The rules for walking such animals indicate that they must be on a leash and walk in a collar. If the owner violated this rule, he is already the culprit of the accident. In any case, it is recommended to call a traffic police officer to the scene and tell about the situation. The traffic police officer draws up a protocol, and the insurer takes care of the costs of treating a pet (under OSAGO). This is due to the fact that the dog is legally private property.

Most often, the issue of covering expenses is resolved without drawing up a protocol, by discussing the problem between the driver and the owner of the animal. In most cases, the driver takes the dog to the vet and pays for the treatment. If the owner of the animal does not agree with this state of affairs, he has the right to sue. The latter will figure out who is to blame, and what will be the amount of compensation.

What awaits the driver?

The next point is what kind of responsibility for hitting an animal awaits the car owner. The Code of Administrative Offenses of the Russian Federation does not provide for additional punishment for harming dogs or other animals. Consequently, when hitting a living creature that jumped onto the road, there will be no administrative monetary penalty. An exception is situations when the car owner violated traffic rules. The most common case when a person left the scene of an accident without waiting for a traffic police officer.

The reason is that car owners do not perceive a collision with an animal as an accident, so they continue to move. Impunity is possible only if there were no witnesses to the incident nearby. Otherwise, people can remember the number of the vehicle and tell it to the inspector. In this case, the traffic police officer has the right to deprive the offender of rights for a period of up to 1.5 years or arrest for a period of up to 15 days.

If the car collided with a large animal (bull, elk, etc.), it is rarely possible to leave the scene of an accident. This is due to the fact that in such an accident the car receives significant damage. In addition, a fine is imposed when driving at an increased speed. The severity of the punishment depends on the magnitude of the excess.

Do not forget that in addition to administrative, there is also civil liability. This means that the owner of the animal cannot do without compensation for material damage. If we are talking about a pet or farm animal, the amount of payments is determined by the documents of the owner.

The situation with wild animals is more complicated. Here, each case is considered on an individual basis. For example, the life of a bighorn sheep is estimated at 50,000 rubles, a red deer at 35,000 rubles, a wild boar at 15,000 rubles, a squirrel at 250 rubles, and so on. For example, for a downed fox, the car owner must pay 100 rubles. The amount is small, so representatives government agencies are unlikely to apply Judicial authority. The situation is different when it comes to a large animal. In this case, the case often goes to court.

Many car owners are interested in whether it is possible to receive payments in case of a collision with an animal from an OSAGO insurer. Under the law, in the event of a collision with an animal, the driver is recognized as the injured party, and the situation that has arisen refers to the insurance. The maximum amount of payments under OSAGO is 400 thousand rubles, which compensates for the costs of any animal, be it wild, domestic or agricultural.

But it is worth considering that the size of the insurance payment increases due to the increase in the KBM coefficient. Therefore, in a collision with a small animal (for example, a fox or a hare), it is easier to pay the required amount without contacting the insurer.

Results

In conclusion, it is worth saying that when driving a car, it is important to observe the utmost attention and avoid collision with animals. The difficulty is that various living creatures are unpredictable and can be on the road at any moment. If an accident does occur, there is no need to hide. It is important to immediately call the traffic police and file the incident in accordance with all the rules. In addition, if there is guilt, it is better to compensate the injured party for damages.

And one more important point. Animals often jump out onto the road in places where there is no detour. In such a situation, it is better to go for a collision than to risk the lives of passengers, the price of which is much higher.

Situations are not uncommon when animals suddenly run out onto the road, so car owners do not have time to react, so they are forced to knock down dogs or cats. This action is taken unintentionally, but it is important to consider whether such a situation is an accident, and is the driver responsible for it?

In the SDA, animals are not considered traffic participants, since it is impossible to inspire them with the rules of movement on the roadway.

Only a few paragraphs mention animals:

• clause 1.2 contains information about them in the concept of the driver;

1. General Provisions

"Driver" - a person driving a vehicle, a driver leading pack animals, riding animals or a herd along the road. A driving instructor is equivalent to a driver.

• section 25 fully describes the rules for the passage of animals;

25. Additional requirements to the movement of horse-drawn carts,

as well as to the passage of animals

25.1. To drive a horse-drawn cart (sleigh), to be a driver of pack, riding animals or herds when driving on roads is allowed for persons not younger than 14 years of age.

25.2. Horse-drawn carts (sledges), mounts and pack animals should only move in one row as far to the right as possible. Driving on the side of the road is allowed if it does not interfere with pedestrians.

Columns of horse-drawn carts (sledges), riding and pack animals, when moving along the carriageway, must be divided into groups of 10 riding and pack animals and 5 carts (sledges). To facilitate overtaking, the distance between groups should be 80 - 100 m.

25.3. The driver of a horse-drawn cart (sleigh) when entering the road from the adjacent territory or from a secondary road in places with limited visibility must lead the animal by the bridle.

25.4. Animals on the road should be distilled, as a rule, during daylight hours. Drivers should guide the animals as close to the right side of the road as possible.

25.5. When driving animals across railroad tracks, the herd must be divided into groups of such a size that, taking into account the number of drivers, the safe passage of each group is ensured.

25.6. Drivers of horse-drawn carts (sledges), drivers of pack, riding animals and livestock are prohibited from:

leave animals on the road without supervision;

drive animals across railway tracks and roads outside specially designated areas, as well as at night and in conditions of insufficient visibility (except for cattle passes at different levels);

lead animals along the road with asphalt and cement concrete pavement if there are other ways.

• information about them is also indicated for some signs, namely 1.26, 1.27 and 3.8.

Thus, the exact concept of hitting a cat or dog is completely absent in the traffic rules.

Can this be considered an accident?

In paragraph 1.2 of the SDA, it is indicated that - this is a situation that is formed when the car is moving, as well as with its direct participation. As a result of such a situation, damage is caused to people, cars, various buildings, cargo or other structures.

1. General Provisions

"Traffic accident" - an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.

A collision with an animal suggests that the car is in motion, and also some harm is usually done to it, so this case refers to traffic rules.

What is a run of farm animals

In Art. 25 SDA contains information on how animals are driven.

If a cow or similar animal is run over, the information in this paragraph must be used.

In some settlements, cows can even rest on the road or move along the roadway, and in the event of an accident, it is the driver who left the cows unattended that is recognized as the culprit.

Hitting a cow, who is to blame for the accident? Conducting an examination, see this video:

Accidents involving pets

Art. 137 of the Civil Code contains information that animals are included in any other property of citizens.

Article 137. Animals

The general property rules apply to animals insofar as the law or other legal acts not otherwise established.

When exercising the rights, cruelty to animals, which is contrary to the principles of humanity, is not allowed.

If a domestic cat or dog that has an owner is involved in an accident, then a collision with it will act as an accident, since the corresponding damage is inflicted on the owner.

Attack on wild animals

The Federal Law "On the Fauna" indicates that all wild animals located on the territory of Russia are classified as natural resources countries, therefore, are considered state property.

A collision with wild hares, roe deer or other animals is considered an accident in which damage to state values ​​is inflicted.

This situation does not include a small collision that does not cause damage to the machine or living beings.

Hitting an animal is considered an accident.

What is the administrative responsibility

The Code of Administrative Offenses does not contain information on liability for drivers who have hit animals, in which their health or life is harmed.

Therefore, if a driver hits a dog that jumped out unexpectedly onto the road, then although such a situation would relate to an accident, there would still not be any punishment for the car owner.

Responsibility comes only in case of violation traffic rules, for example, therefore, the driver may lose his license for up to 1.5 years, and may also be arrested for up to 15 days.

Also, a fine can be imposed if the maximum movement was exceeded during the movement.

What is the civil liability

Although you do not have to pay a fine for such an accident, the damage caused to the owner of the animal will have to be reimbursed.

This is indicated in Art. 1079 GK.

Article 1079

1. Legal entities and citizens whose activities are associated with increased danger to others (use of vehicles, mechanisms, high-voltage electrical energy, atomic energy, explosives, potent poisons, etc.; construction and other related activities etc.), are obliged to compensate for the damage caused by the source heightened danger unless they prove that the harm arose as a result of force majeure or the intent of the victim. The owner of a source of increased danger may be released by the court from liability in full or in part also on the grounds provided for in paragraphs 2 and 3 of Article 1083 of this Code.

The obligation to pay damages rests with entity or a citizen who owns a source of increased danger on the basis of the right of ownership, the right of economic management or the right of operational management, or on another legal basis (on the right of lease, under a power of attorney for the right to drive a vehicle, by virtue of an order from the relevant authority to transfer a source of increased danger to him, etc. .P.).

2. The owner of a source of increased danger is not responsible for the harm caused by this source, if he proves that the source has left his possession as a result of illegal actions of other persons. Responsibility for harm caused by a source of increased danger, in such cases, is borne by persons who unlawfully took possession of the source. If the owner of a source of increased danger is guilty of illegally removing this source from his possession, liability can be assigned both to the owner and to the person who unlawfully took possession of the source of increased danger.

3. The owners of sources of increased danger shall be jointly and severally liable for the harm caused as a result of the interaction of these sources (collisions of vehicles, etc.) to third parties on the grounds provided for in paragraph 1 of this article.

Damage caused as a result of the interaction of sources of increased danger to their owners is compensated on a general basis

The damage is indemnified only if the driver cannot prove that due to force majeure he could not prevent the accident. In accordance with the information contained in Art. 1083 of the Civil Code, the driver may be released in whole or in part from this responsibility with the help of the court.

Article 1083

1. Damage caused by the intent of the victim is not subject to compensation.

2. If the gross negligence of the victim himself contributed to the occurrence or increase of harm, depending on the degree of fault of the victim and the tortfeasor, the amount of compensation must be reduced.

In case of gross negligence of the victim and the absence of fault of the tortfeasor in cases where his liability arises regardless of fault, the amount of compensation must be reduced or compensation for harm may be refused, unless otherwise provided by law. When harm is caused to the life or health of a citizen, a refusal to compensate for harm is not allowed.

The fault of the victim is not taken into account when compensating additional expenses (paragraph 1 of Article 1085), when compensating for damages in connection with the death of the breadwinner (Article 1089), as well as when compensating burial expenses (Article 1094)

3. The court may reduce the amount of compensation for harm caused by a citizen, taking into account his property status, except in cases where the harm was caused by actions committed intentionally.

The cost of damage is determined in accordance with the documents available to the owner of the animal.

For wild animals, each situation is considered separately.

Important! For a moose, you will have to pay 40 thousand rubles, which is considered a fairly significant amount.

Amounts of fines for wild animals.

Is the damage paid to the owner of the animal by the insurance company?

Many car owners are interested in whether the damage to the owners of animals is compensated by the insurance company from which the OSAGO policy was purchased.

In Art. 2 FZ "On safety traffic» indicates that drivers, passengers and pedestrians are recognized as participants in an accident.

Article 2. Basic terms

road user - a person who is directly involved in the process of road traffic as a driver of a vehicle, a pedestrian, a passenger of a vehicle;

As an insured event, a situation is recognized when the injured are harmed, not only to their health, but also to property. Therefore, under the insurance contract, the company is obliged to indemnify for damage only under these conditions.

Since when hitting a cat or dog, their owner acts as the victim, such an accident is classified as an insured event.

The maximum payout is 400 rubles, so insurance usually covers all such cases. Due to this situation, the coefficient of the KBM of the warrior changes, therefore, the cost of insurance for the car owner increases.

Therefore, many car owners prefer to resolve such situations with animal owners peacefully, without involving an insurance company.

How can I make amends for a hit dog? Answer in this video:

In order not to hit any animal, car owners should consider certain recommendations:

• while driving, all traffic rules must be observed;
• it is important to constantly monitor the road in order to notice in advance if a cat or dog runs out onto the road;
• if nevertheless it has arisen, it is important to behave competently, and call the traffic police officer to formalize the incident, since only this will allow you to avoid a significant fine or;
• if necessary, the owner of the animal is compensated for the damage.

Thus, accidents involving animals are quite common.

Not all car owners know how to do the right thing in such a situation, as well as what is the responsibility for such an incident.

If you correctly understand the legislation, then there will be no problems with animal owners or traffic police officers.

When a four-legged friend acts as a pedestrian, the consequences can be unpredictable. Beast, wild and domestic, traffic rules he doesn’t know, he can jump out onto the roadway at any moment, and the driver has to be responsible for accidents with animals.

This year, animals have become more frequent in search of food in cities and villages. Khabarovsk Territory. Animal news comes almost every day. For example, a large sika deer came to the children's center along Leningradskaya Street in Khabarovsk, a few days later a car enthusiast met a wounded raccoon dog puppy on a country road, and just the other day a leopard "lit up" on the Vladivostok-Khabarovsk highway. Bears even go to some villages of the region as to their home.

Seeing a wild animal on the track, it is better to slow down

And it often happens that these tigers, roe deer, wild boars run headlong across the highway, falling under the wheels of motorists. Habinf0 correspondents figured out who is to blame and what to do in the event of a "bestial accident"

Any accident on the road, even if the victim is a wild animal, is considered a traffic accident, which means that traffic inspectors should be called to the place, the UGIBDD for the Khabarovsk Territory explained to us.

If the fact of an accident is captured or proven by someone, then the driver is threatened with deprivation driving license under the article “leaving the scene of an accident,” explained Alexander Baranov, senior inspector for propaganda of the city department of the traffic police.

For a squirrel or a hedgehog driver's license most likely won't be taken away. But if you hit a bear or, say, an elk, and then fled the scene, you can be left without a license.

Accident with wild animals: what should the driver do?

Let's imagine that this happened and the hood of your car met with a bear, a wild boar or a roe deer. There are two scenarios: either you stay in place, or, pretending that nothing happened, you are hiding from the scene of an accident.

If you do everything according to the letter of the law, then you should stop and call the traffic police. The inspectors will record what happened and call experts from the hunting grounds on the territory of which the trouble occurred. And those, in turn, on the basis of the current legislation, will consider what damage you have caused to nature by knocking down a crazy boar.

The amounts of compensation provided are not small and increase in proportion to the size of the animal. For example, a downed elk will cost the driver 40 thousand rubles, a bear - 30,000 rubles, and a raccoon - 200 rubles. The mole will cost the least - 50 rubles.

Order of the Ministry of Natural Resources of December 8, 2011 N 948 "On approval of the Methodology for calculating the amount of damage caused to hunting resources"

The female of a large animal will cost even more - 100-200 thousand rubles. The order describes the methodology by which experts subtract how much offspring a bear or tigress could give if she had not fallen under your wheels.

According to hunters, Khabarovsk residents admit to "animal accidents" very rarely. Most often they throw the animal into a ditch and leave. Sometimes the carcass is taken with them. This, we recall, is fraught with deprivation of rights, and also an article for poaching.

If the carcass of a downed wild boar or elk is found in your trunk, then there is a risk of getting another fine - for illegal hunting. Article 258 of the Criminal Code of the Russian Federation and up to two years of corrective labor or a fine of up to 200 thousand rubles.

WITH It’s a completely different matter if the beast managed to survive after meeting with the car. Wounded, he rode away, ran away or crawled into the forest. In this case, "damage to nature" will not be recovered from you. But sometimes Accidents involving animals can have very sad consequences.

In the regional traffic police, they still remember with a shudder the terrible accident that happened two years ago in the Nanai district. Then two boys 14 and 15 years old on a motorcycle crashed into a cow that suddenly jumped out onto the roadway. Nobody survived that accident.

You can meet a dog or a cat on the city road at any time

All wild animals are legally considered the property of the state, and domestic cats, dogs and even chickens are private property and hitting them can be regarded as material damage. Specific amounts are not specified here, the owners decide for themselves how many rubles they value their pet. And there it is up to the court, which will decide how much you have to pay in the end.

Article 137 of the Civil Code of the Russian Federation The law of the Russian Federation provides for the right of the animal owner to compensation for material and moral damage.

And leaving the place Accident involving a pet, the car owner may lose his rights for a period of 1 to 1.5 years. Unless, of course, there are witnesses to the incident who will write down the numbers of the car and call traffic inspectors to the place.

As we were told in the regional traffic police, cats and dogs are knocked down in Khabarovsk, almost every day. But for Last year there was not a single case that the driver would file an accident and pay compensation to the owners.

Accident with animals: insured event or not?

If, in addition to the animal, the car was also injured in the “animal accident”, then the driver can count on receiving OSAGO insurance. A CASCO policy in this case may not always help, many insurances simply do not have such an item. However, if the downed boar survived and rode away after the accident, it will be difficult to receive compensation, since there will be no evidence of what happened.

In any case, in case of an accident with animals, you must act according to the law, only in this case your conscience will remain clear, and you will not incur unnecessary expenses.

A downed dog or cat lying on the side of the road is a fairly common sight on our roads. But sometimes drivers do not even deign to stop and move the downed animal to the side of the road, thereby creating a danger to other participants, not to mention the norms of humanity and the need to at least stop the suffering of the downed animal. My short survey among drivers I know showed that the vast majority of them consider a collision with cattle or small agricultural livestock as a traffic accident, but they do not consider a collision with a dog, cat, or other pet.

Well. Let's look at the Rules of the Road first. The Rules interpret a traffic accident as an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused. On the basis of pets, the general rules on property apply, unless otherwise provided by law. The death or damage to a pet definitely refers to other material damage caused to its owner. Therefore, there can be no questions of double interpretation, whether a collision with any pet is a traffic accident. The legislator gives us grounds for affirmatively asserting this, and the legislator follows the same path. arbitrage practice. Below I will give examples of court decisions.

But, after all, stray dogs or cats often or even more often fall under the wheels of a car, what to do in this case. The whole point is that in civil law there is no concept of "homeless animal". There is the concept of "stray animal", and the legal status and procedure for handling it are considered neither appearance, neither the absence - the presence of a breed, nor the absence - the presence of a collar can unambiguously answer whether this animal belongs to someone or does not have an owner. In addition, the very fact of “throwning out”, “letting out” a dog or cat on the street is not a legally significant fact, on the basis of which one can talk about the alienation of the animal. Moreover, the owner who threw away the animal, if it is found, is responsible for the actions of this animal. Therefore, a priori, every cat or dog that is unattended by the owner. should be considered as neglected, i.e. belonging to someone, and hitting such an animal is a traffic accident.

Well, the obligations of the driver in the event of a traffic accident are clearly spelled out in 2.6 of the Rules of the Road, namely, in the event of a traffic accident (with reference to our case of hitting a pet), the driver involved in it must immediately stop (not move) the vehicle, turn on the alarm and put up a sign emergency stop, do not move items related to the incident; clear the roadway if the movement of other vehicles is impossible. If it is necessary to clear the roadway or deliver the injured in their vehicle to medical institution preliminarily fix in the presence of witnesses the position of the vehicle, traces and objects related to the incident, and take all possible measures to preserve them and organize a detour around the scene of the incident; report the incident to the police, write down the names and addresses of eyewitnesses and wait for the police to arrive.

Extremely clear and understandable. Nothing to add to clarify.

Similarly, the Code Russian Federation about administrative offenses also determines the penalties that follow the failure of the driver to fulfill the duties associated with a traffic accident. And, precisely, paragraph 2 of Art. 12.27 of this code provides for the driver leaving the scene of a traffic accident in violation of the Rules of the Road, in which he was a participant, deprivation of the right to drive vehicles for a term of one to one and a half years or administrative arrest for a term of up to fifteen days.

I must say that this item works. Drivers are brought to administrative responsibility, deprived of their rights and subjected to administrative arrest.