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Leaving the scene of an accident - punishment in 2020

An accident is a nuisance from which no driver is insured. Traffic rules regulate the actions of a driver who is involved in a road traffic accident, and oblige him to take the necessary measures, including providing assistance to the injured. If the instructions are not followed, the consequences can be adverse for the driver.

For the county from the scene of an accident, punishment is provided for by Article 12.27 of the Administrative Code of the Russian Federation. The second part of this article describes in detail what happens when, in a state of shock or intentionally, a driver leaves the scene of an accident. When leaving the scene of an accident, the driver may be presented with one of the following penalties in 2020:

1. After hiding from the scene of an accident, a punishment follows in the form of deprivation of the right to drive a vehicle for a period of 1-1.5 years;
2. Administrative arrest for 15 days.

If you are interested in what kind of fine is provided in this case, then you should know that the current legislation does not specify that the driver must pay a fine for leaving after the accident, without stopping, without checking if there are any injuries or property damage.

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

• be found guilty of an accident;
• to answer administratively for the county from the accident site;
• indemnify damage for damage to the car, moral damage, as well as damage to health up to lifelong recourse.

To avoid this, it is better to stay at the scene of the accident and, if possible, hire a lawyer who will arrive at the scene to control the correctness of the paperwork and give useful advice.

What is the basis for punishment?

The measure of responsibility is determined in court. The basis for the consideration of the case in court is the protocol, which is drawn up by the traffic police. Evidence of guilt can be testimony of witnesses, eyewitnesses, video from digital media (video recorders, traffic cameras). In 95% of the county with an accident, investigators disclose, and the culprit is found.

Often in a state of shock when a person left the scene of an accident, he drinks. Paragraph 2.7 of the SDA indicates the prohibition of the intake of alcoholic beverages, narcotic, psychotropic or any other drugs until the moment the examination is completed. Such violations only exacerbate the situation and may cause additional penalties in the form of a fine for drunk driving.

What are the terms for punishment?

In cases where a person left the scene of an accident irrevocably, hides from responsibility, there are exceptions to the rules that go unpunished. Expired statute of limitations applies to such exceptions. The perfect county from the scene of the accident is recorded by the traffic police, after which a survey of witnesses begins to search for the offender. For search work, bringing charges against the culprit who did not remain at the scene of the accident, according to Art. 4.5 of the Administrative Code of the Russian Federation is given 90 days (3 months). After the expiration of the statute of limitations, it is illegal to bring any charges against the driver and draw up an Administrative Offense Order in his name.

When is the driver responsible?

If a person driving a car who got into a road traffic accident left the scene for reasons that are not listed in the traffic rules, his actions are considered a crime. For leaving the scene of an accident in 2019, persons hiding in a car in such situations, even if they are not the owners of the vehicle, bear full responsibility.

It is not justified to leave the scene of the accident even if the driver is in a hurry for a flight, meeting or other events, even if he stopped and left his data, coordinates, contact numbers, business card.

By not staying at the scene of the accident, a person can influence mitigation of liability. This requires a confession, assistance to the investigation, voluntary compensation for damage. Partially justifying for the fact that a person did not stay at the scene of an accident can be a serious state of mind, underage, pregnancy.

In what cases is liability not provided?

There are situations when the driver is not responsible for the fact that he did not make a stop, left the scene of the accident. Such situations include the following situations.

When the accident happened, but the drivers were able to agree, they have no claims to each other for the circumstances that happened. You can leave the scene of the accident if there are no casualties in the incident. In such a situation, it is advisable to draw up a scheme for the arrangement of cars after the accident at the accident site, indicate the road markings, street names, house numbers, road signs and other important information on the scheme. Each driver must have a diagram signed by the two parties involved in the accident. A county with an accident will be legally correct if both drivers go to the nearest traffic police post, where they will draw up documents.

When at the scene of the accident, the drivers mutually decided to issue an accident according to the European protocol (filling out an accident notification, on which the insurer will rely). Under OSAGO, such a procedure is allowed when only 2 cars were injured at the scene of an accident, the owners of which have a valid OSAGO policy. There should be no people who were injured or injured at the scene of the accident. In this case, driving away from the accident site is possible, while the drivers should not have claims to each other, and the nature of the damage is agreed.

Often in court, the driver is justified by the fact that he was forced to leave the scene of the accident in order to deliver the victim in the accident or collision to the hospital. Having left the scene of the accident, the driver must return after the person is taken to a medical facility for emergency assistance. It is important to document the position of the car on a video or camera before leaving. At the accident site, you should leave objects in the position in which they were after the accident. So that they do not interfere with the rest of the traffic participants, in accordance with clause 2.5 of the SDA, it is necessary to bypass the transport.

It is not considered a crime that is subject to punishment under Art. 12.27 of the Code of Administrative Offenses of the Russian Federation, when the vehicle, guilty or involved in an accident, is removed from the road in order to free the carriageway for traffic, but the driver himself remains in place. Before removing the car, its location must be described in the document or fixed in any other way. Moving is undesirable when there are no eyewitnesses to the accident, as well as when the drivers have disagreements regarding the fault and the reasons that led to the accident.

Having left the scene of an accident in other situations, the driver will be charged for leaving the place and punishment in accordance with the law. When the driver left the scene of the accident, only after the investigation is it determined whether there is corpus delicti or its absence for the reasons stipulated by the Traffic Regulations. The final verdict on whether the driver's actions were lawful or unlawful, and what punishment will be for leaving the accident site, is determined by the court.

Knowing whether it is possible to leave in the event of an accident and in what specific cases the responsibility does not arise for unauthorized leaving the scene of the accident, you can avoid punishment and deprivation of rights.

Every day on the roads there are various kinds of accidents, in which any road user can be involved. To improve legal literacy on the road, you need to know your rights and obligations and the possible responsibility for a certain violation.

Responsibility for road accidents

Traffic rules are designed primarily to prevent emergencies. In case of road accidents, law enforcement officers begin to look for the causes of the accident and question witnesses, which determines the degree of guilt of the instigator of the accident. The legislation provides for 3 types of liability:

• Civil is the simplest and most popular. It always occurs, since the culprit causes harm (property, moral), which means that it is necessary to compensate for the damage caused, which is established in civil law (Article 1064). In some cases, the perpetrator pays not only damages, but also compensation for lost profits. With the adoption of OSAGO, the problem with compensation to the injured party has become easier. But under some circumstances (leaving the scene of the accident, alcoholic intoxication, in the case of a deliberate collision or lack of driving license from the guilty person), the insurance company, having reimbursed the victim, may demand the offender to reimburse these funds (Federal Law No. 40, paragraph 1, article 14).
• Criminal. It is applied if the victim was injured in an accident - died or suffered serious damage to health, which is a violation of the Criminal Code (Article 264). The type of punishment applied will depend on the severity of the violation (the number of victims and the condition of the perpetrator) - a prison term of up to 9 years or compulsory labor activity up to 5 years. A ban on holding a specific position or engaging in specific activities for 3 years can be added to the listed types of punishment. Car accident while intoxicated is considered an aggravating condition.
• Administrative. Used if traffic rules or laws providing for such liability are violated.

There are 4 types of administrative penalties (Code of Administrative Offenses of the Russian Federation, Chapter 12), which are applied if during an accident the victim did not die and did not receive serious damage to life and health:

• a fine for an accident in the amount of 500 to 30,000 rubles *;
• deprivation of a driver's license for a period from 1 month to 2 years;
• arrest for 15 days;
• forced labor activities for the benefit of society up to 200 hours

Fatal car accident

Important! There is a significant difference between civil liability for road accidents and administrative responsibility, in which many people get confused. In the first situation, the culprit or his insurance company reimburses the injured person from the amount of insurance, in the second, the compensation goes to the state treasury for violated rules.

What is the penalty for the accident?

The amount of the fine is determined not by the fact that the accident occurred, but by what rules were violated, and on their basis an appropriate penalty is issued. Here is a list of fines for an accident to the perpetrator of the accident, which are most often issued:

• The culprit of the traffic accident did not give a signal to maneuver or rebuild, turned around or went in reverse where it was not supposed to - 500 rubles. *
• Failure to comply with the established rules for the movement of a vehicle in courtyards - RUB 1,500 * For Moscow or St. Petersburg - RUB 3,000 *
• Failure to comply with the distance between cars moving in front and on the sides - 1500 rubles. * The fine is not issued if the car was in the parking lot or did not move during the accident. If the car in front stops abruptly, then the driver from behind is fined if he crashed into a stopped car.
• Moving along railway tracks when traffic is prohibited (prohibiting traffic lights, locked barrier) - 1000 rubles * or deprivation of a driver's license for a period of 3 to 6 months.

The fine for a minor accident in 2018 is one thousand rubles. This type of violation concerns minor accidents, where only property has suffered damage.

Minor accident

Penalty notice and payment

The traditional way of notifying the offender about the presence of a fine and the need to pay it is by post. The letter arrives on average one week after the order for collection is issued. But due to the workload of the mail, many letters are delayed for 2 or more weeks. If the offender does not receive the letter, it is sent back to the traffic police as unclaimed. From the point of view of the law, ignorance or failure to receive notice of the fine does not exempt from payment.

60 days from the date of entry into force of the resolution are given to pay the fine. Otherwise, the magistrate makes a decision to arrest the offender for 15 days, or assigns compulsory work up to 50 hours, or a double fine of the unpaid amount, but not less than one thousand rubles.

Note! You can pay only half of the issued fine for a car offense, if you deposit money no later than 20 days from the issuance of the corresponding order. There are exceptions for certain types of fines and in cases where the execution is delayed, then the monetary recovery is made in full (Code of Administrative Offenses of Russia, part 1.3, article 32.2).

The easiest way to check fines is on the traffic police website:

1. Go to the traffic police website.
2. In the "Participants of the movement" tab, select "Check fines".
3. Enter vehicle information into the form.
4. The verification results will appear on the same page.

Checking fines

There are many ways to pay collection:

• At the bank's cash desk.
• In the personal account of Sberbank.
• Via the QIWI terminal. This method is bad in that a commission is charged - 3.5%, but not less than 30 rubles.
• Through the State Service website (www.gosuslugi.ru). In your personal account, in the "Data" tab, indicate information about the car and driver's license, then open "Fines" and check their availability, select and pay from the list provided.

Changes in legislation

The latest innovations regarding fines for road accidents took place on July 1, 2015. The punishments were toughened against drunk drivers. If the culprit previously had a previous conviction for a transport accident, then the court shall make a decision on his punishment:

• a fine for an accident in the amount of 200-300 thousand rubles *;
• 480 hours of forced labor without the ability to hold a specific position;
• 2 years in prison.

The penalty is chosen depending on the severity of the accident. If a person dies due to a drunk driver in an accident, then a prison term of 2 to 7 years threatens, if the number of victims is more than 2, then up to 9 years.

There is a new fine for not clearing the carriageway in case of an accident. On roads with a heavy traffic load, cars must be removed from the roadway, that is, before the arrival of the traffic police.

How to avoid a fine

Accidents and collisions of cars on the road are an unpleasant event for any person. To always keep yourself safe from such situations and save time, nerves, money and health, it is better to take precautions. On the road, you should drive carefully, try not to play catch-up with other drivers. Simple rules - not driving drunk, keeping your distance between cars, being attentive and letting pedestrians and aggressive drivers pass through - can save many lives.

* Prices are valid for June 2018.

Civil law provides for a penalty for an accident, which is subject to mandatory payment. Responsibility is borne by the culprit of the accident, but all car owners need to know what amount of the fine is set in 2020.

General information

A road traffic accident has several varieties - collision, overturning, collision, etc. In an accident, the victim may be not only another driver, but also pedestrians.

If we talk about what threatens the perpetrator of the accident, then aggravating or mitigating circumstances should be taken into account. Only after taking into account all the nuances can the responsibility of the driver in the event of an accident be established.

Determining what punishment follows an accident, the traffic police takes into account the following.

1. Driver's condition during an accident. We are talking about alcohol or drug intoxication.
2. Travel speed. If the indicators are exceeded, this will be used as an aggravating circumstance.
3. Driving style. Many drivers enjoy overtaking or cutting off other road users. If this triggered an accident, it would exacerbate the driver's responsibility.
4. Poor technical condition of the vehicle. Any malfunction can worsen the situation during an accident.
5. What the driver was doing during the accident. Smoking, using gadgets and other similar activities distract the driver, which can provoke a traffic accident.

If the culprit faces criminal liability, then these presence of these circumstances will affect his punishment.

Administrative responsibility

The perpetrator of the accident should not only pay damages, but also the fine for the accident. This type of punishment is used in minor accidents, when the victim has received light or moderate damage. In other cases, fines are provided for traffic violations that led to a road accident.

You need to know what kind of fine is imposed in case of minor accidents. In 2020, the amount of the penalty for an accident involving minor harm to the health of the injured persons ranges from 2,500 to 5,000 thousand rubles. According to the Code of Administrative Offenses, for causing harm to health of moderate severity, the perpetrator of an accident must pay from 10,000 to 25,000 thousand rubles.

For an accident, not only a fine is provided. A driver can be deprived of his driving license for up to 3 years, ordered to engage in social activities, or arrested for 15 days.

The severity of the harm to health can only be determined after a medical examination of the injured person. Minor harm that can be received during an accident includes bruises, abrasions, and minor concussions. The driver may temporarily lose his ability to work (up to 20 days).

Help: if the "sick leave" lasts at least a day longer, then the severity of the damage can be retrained from easy to medium.

Criminal liability

If serious damage was caused during a traffic accident, then the culprit may not only be fined. The reasons for criminal liability may be as follows:

• serious harm to health;
• death of the injured person.

When prosecuting, it is important whether the culprit was sober during the accident. The presence of alcohol or drugs in the blood will increase the punishment. For example, in a fatal road accident, a drunk offender can be sentenced for up to 7 years. If several people died in an accident, then the maximum term of imprisonment is 9 years.

What to do in case of an accident

Any accident is a serious stress for everyone involved. Everyone behaves differently, especially if there is damage to the vehicle or a threat to the lives of the victims. Therefore, it is advisable to use the following guidelines.

1. Do not leave the scene of the accident until the arrival of the relevant service. Most drivers have video recorders that record all the details of the accident, so it is not difficult to find the culprit. Another thing is that you will have to bear responsibility for this.
2. Do not aggravate the conflict by entering into a dispute with the traffic police inspector or the second driver. These actions can lead to an increase in the administrative fine and even arrest.

It is in the interests of the offender to behave as calmly as possible and admit guilt for what he did, especially if the accident caused serious damage to the victims.

How to challenge a fine

During an accident, it may not be the owner of the car, but another person. But according to the law, it is the owner who is brought to administrative responsibility. Therefore, he must prove that it was the one who used the vehicle at that time that made the accident or violated the traffic rules.

The owner of the car has the right to write and file a relevant complaint with the court or higher authorities. He does not need to pay the state duty. The term for consideration is 10 days after filing a claim and 2 months after contacting the traffic police. The vehicle owner must provide evidence indicating that another person was driving the vehicle.

The owner is automatically released from the obligation to pay a fine if the car theft is proven.

Payment

By law, the violator is obliged to pay the fine within 2 months. If they have filed a corresponding complaint, then the term is suspended. The countdown begins again when the court or the head of the traffic police makes a decision on mandatory payment.

If 2 months for a person is not enough time to pay, he may ask for a deferral or installment plan. According to the current legislation, in case of a difficult financial situation, the offender may be granted a delay of 1 month. As for the installment plan, he can make payments within 3 months.

If a person deliberately misses the due date, then the following sanctions will be applied to him:

• the collection procedure will be carried out by bailiffs;
• the offender will receive an additional penalty.

When the bailiff service is involved, the perpetrator of the accident, in addition to the fine, will have to pay an enforcement fee. Additional sanctions include fines, forced labor (up to 50 hours), or arrest. The amount of the new fine is set by the court.

The penalty for an accident has a limitation period of 2 years. If the driver did not pay for it, and collection from the bailiffs was not carried out, then after this period, you can forget about the fine. In practice, this rarely happens, but the rule of law exists.

If paid, the fine is removed only after a year. All this time the person will be listed as subject to administrative punishment. But if the driver was deprived of his license, then this period begins only after the return of the document.

The driver is obliged to pay a fine for an accident and compensate the injured persons. And in order not to get into such a situation, you should observe the traffic rules and not drive while intoxicated.