The main purpose of developing and enforcing rules road is to prevent accidents and incidents on the road that may entail the threat of life and health of people. In this regard, the current legislation provides for various types of responsibility for violators, which can consist in financial punishment and more serious measures. What a penalty is provided for an accident - they should be considered in more detail below.

Possible liability at accident

Before considering possible liability for an accident, it is worth determining this term. So, under the accident (that is, a traffic accident) means an event in which the moving vehicle took part and as a result of which the damage to people or property was caused.

The current legislation provides for the possibility of applying three main types of responsibility for the accident. They are given in ascending order of the seriousness of the measures:

• civil;
• administrative;
• criminal.

IMPORTANT! The use of concrete measures from each group depends on whether the driver was guilty of the incident, what are the consequences of an accident and whether he agrees the circumstances aggravating. Therefore, cases of applying each type of punishment should be considered in more detail.

Civil responsibility

It consists in the need to reimburse the second side of the accident caused to her damage, which can be material, moral or physical. In addition to the actual damage caused, in this case it may be necessary to pay additional compensation. For example, the benefits or income that the accident participant missed due to the incident.

This responsibility for the accident is always provided, since the presence of damage is its integral component.

A partial solution to the problem with reimbursement of civil liability was the entry into force of the law on compulsory insurance for drivers (OSAGO). In this case, the obligation to reimburse the damage passed on insurance company, whose client is the culprit of the accident. However, this does not give a complete guarantee, because often drivers are hidden from the scene or drive the car illegally.

Administrative responsibility

It is applied in situations where the emergence of an accident was caused by a violation of the rules of traffic by a member of the accident. At the same time, the result of the accident should not be the death of people or obtaining serious injuries. Administrative responsibility includes such measures:

1. Penalty for an accident. This sanction, as well as compensation for damage, is financially in nature. The difference is that the fine is paid in the state treasury, and not a victim to the face. The minimum fine size, which is provided for violation of the rules, is 500 rubles, the maximum - 30 thousand rubles.
2. Deprivation driver's license. The minimum and maximum term of such punishment is 1 month and 2 years, respectively.
3. Mandatory work. Their duration can be from 100 to 200 hours.
4. Administrative arrest. The deadline for such arrest is 15 days.

The possibility of applying administrative punishment is allowed only if, as a result of an accident, there are no injured or their condition assessed as an easy or average severity. The conclusion of the patient's condition is given when he is examined by a doctor in a medical institution. Specific responsibility may be as follows:

1. When applying easy harm to health, the perpetrator is assumed:

• penalty from 2.5 to 5 thousand rubles;
• deprivation of rights for a period of 1 to 1.5 years.

Under the causation of easy harm to health, his short-term disorder or a little disability is understood.

2. If the seriousness of harm to health is estimated as medium, then the responsibility is tougher and assumes:

• penalty from 25 to 30 thousand rubles;
• deprivation of a driver's license of 1.5 to 2 years.

Middle harm to health lies in its long, but non-hazardous disorder. Both types of punishment are provided by Art. 12.24 Code of Administrative Offenses of the Russian Federation.

Criminal liability

This measure is most severe and is used in cases where the victim as a result of an accident seriously suffered or died. The types of punishment used in this case may be as follows:

• limiting freedom to a maximum of 3 years;
• attracting forced work for up to 5 years;
• imprisonment for the period up to 9 years.

IMPORTANT! Specific measure is installed in judicial order and depends on the circumstances of the case. In the presence of aggravating circumstances (for example, in with ray with alcohol intoxication) Punishment will be more severe.

In addition, the guilty person can additionally deprive the right to occupy some positions or engage in certain types of activities for up to 3 years.

In practice, when making an accident, a combined type of responsibility occurs (for example, civilian and administrative or criminal). It is worth considering that the responsibility applies to the face that directly participated in the accident, and not to the owner of the car. The only exception concerns civil liability - it can be naked on entityowned by the vehicle

Express Aspects Assessment

Leaving the place of accidents - punishment in 2020

Accident is a nuisance from which no driver is insured. Road traffic rules regulate the actions of the driver who fell into a traffic accident, and oblige him to take the necessary measures, including assistance to victims. In case of non-compliance, the consequences may be unfavorable for the driver.

For county of an accident, punishment is provided for in Article 12.27 of the Code of Administrative Code. In the second part of this article, it is described in detail, which happens when the driver leaves the place of the accident in the state of shock or intent. When leaving the accident site, the driver may be charged one of the following penalties in 2020:

1. After hiding from the scene, the accident should be punished in the form of deprivation of rights to driving a vehicle for a period of 1-1.5 years;
2. Administrative arrest for 15 days.

If you are interested in what a fine is envisaged, then you should know that in the current legislation it is not indicated that the driver must pay a penalty for having left after the accident, without stopping without checking if there are victims or property damage.

Leaving the accident on a legitimate or illegal reason, as well as being innocent person, it is important to remember that there is probability without documentary confirmation of the incident:

• be convicted guilty of the accident;
• reply administratively for county of an accident;
• reimburse damage to damage the car for the causes of moral damage, as well as for damage to health up to life regression.

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

What is the basis for punishment?

The measure of responsibility is determined in court. The basis for consideration of the case in court is the protocol, which is drawn up by the traffic police officers. Evidence of guilt may be the testimony of witnesses, eyewitnesses, video from digital media (DVR, road cameras). At 95%, county with an accident is revealed by investigators, and the culprit is located.

Often in a state of shock, when a person left the accident, he drinks. Paragraph 2.7 of the PDD indicates a ban on the reception of alcoholic beverages, narcotic, psychotropic or any other drugs until the inspection will be performed. Such violations only aggravate the situation and can cause additional penalty in the form of a fine for drunk management TC.

What time frame is permissible for punishment?

In cases where a person left the accident scene irrevocably, hidden from responsibility, there are exceptions to the rules that remain unpunished. Such exceptions include the expired statute of limitations. The perfect county of the accident is fixed by the traffic police officers, after which the witness survey begins to search for the intruder. On search search, nomination of the accusation by the guilty, which remained at the site of the accident, according to Art. 4.5 Administrative Code of the Russian Federation is given 90 days (3 months). Upon expiration of the statute of limitations, illegally impose any accusations of the driver's address and draw up an administrative offense in his name.

When does the driver be responsible?

If a person controlling the car, which fell into a traffic accident, left the event for reasons that are not listed in traffic rules, his acts are regarded as a crime. For leaving the accident site in 2019, persons hiding on cars in such situations, even if they are not owners of the vehicle, are fully responsible.

Distribution from the accident site does not justify and if the driver is in a hurry to the flight, a meeting or other events, even if he stopped and left his data, coordinates, contact phones, business card.

Without remaining at the site of the accident, a person may affect the mitigation of responsibility. To do this, you need a turnout on the obey, promotion of the consequence, voluntary damage compensation. Partially justify the fact that a person did not stay at the scene of an accident, maybe a serious mental state, a minority, pregnancy.

In what cases is not provided for?

There are situations where the driver is not responsible for not holding a stop, left the scene. These situations include the following situations.

When an accident occurred, but the drivers were able to negotiate, do not have complaints about what happened. From the scene of the accident you can leave if there are no victims in what happened. In such a situation, it is preferably at the place of an accident to make a scheme for the placement of cars after the accident, indicate the scheme of the road marking, the name of the streets, houses of houses, road signs and other important information. The scheme should be every driver signed by two parties to the accident. County with an accident will be legally correct if both drivers go to the nearest DPS post, where documents will issue.

When drivers mutually decided to make a decision to execute an accident in Europrotokol (filling out an accident notice to which the insurer will rely on the insurer). The procedure is allowed to be allowed when there is only 2 vehicles on the site of an accident, the owners of which have a valid OSAGO policy. There should be no people at the scene of the incident that injured injuries. In this case, the county of the accident is possible, while the drivers should not have each other claims, and the nature of the damage is agreed.

Often, in the court of the driver justifies the fact when he had to go from the scene of an accident to deliver the victim during an accident or a race to the hospital. Having left the scene in this case, the driver is obliged to return after a person is delivered to medical institution To provide emergency care. It is important before leaving to fix documented on the diagram), on the video or camera, the position of the car. At the site of the accident, it is necessary to leave objects in the position in which they were after the accident. So that they do not interfere with the rest of the movement participants, according to p. 2.5 traffic rules, it is necessary to provide a detour of transport.

Not considered a crime to which the punishment is applied under Art. 12.27 Administrative Code, when a vehicle, guilty or involved in an accident, was removed from the road with the purpose of freeing the roadway for the transport stream, but the driver itself remains on the spot. Before removing the car, its location must be described in the document or fix in any other way. The movement is undesirable to exercise when there is no eyewitnesses of the incident, and then when drivers have disagreements regarding guilt and causes that caused an accident.

Having left the accident site in other situations, the driver will be charged for leaving the place and the penalties corresponding to the law. When the driver left the accident, only after the consequence determines the presence of a crime or its absence by reasons stipulated by the rules of the road. The final verdict was whether the actions of the driver were legitimate or unlawful, and what kind of crashing the accident will be punishment, determines the court.

Knowing whether it is possible to leave in the event of an accident and in what specifically cases are not responsible for the unauthorized binding of the scene, can avoid punishments and deprivation of rights.

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

Responsibility for accidents

Road rules are designed primarily for preventing emergency situations. For road accidents staff law enforcement Begin to seek the causes of the accident and interview witnesses, which determines the degree of guilt of the accident of the accident. The legislation provides 3 types of responsibility:

• Civil is the most simple and popular. Always comes, as the culprit causes harm (property, moral), and therefore it is necessary to reimburse the damage caused to civil law (Article 1064). In some cases, the perpetrator pays not only the compensation of damage, but also compensation for the missed benefits. With the adoption of the CTP, the problem with the reimbursement of the victim side became easier. But under certain circumstances (leaving the accident site, alcoholic intoxication, with a deliberate collision or the absence of driving rights in the guilty) insurance company, submitting the victim, may require the culprit to reimburse these funds (FZ No. 40, paragraph 1, article 14).
• Criminal. It is used if the victim suffered in an accident - died or received serious damage to health, which is a violation of the Criminal Code (Article 264). From the severity of violations (the number of victims and the state of the perpetrator) will depend on the prison term of up to 9 years or mandatory labor activity up to 5 years. The listed species of punishment may be a ban on occupying a specific position or on the occupation of a specific activity for 3 years. The commissioning of an accident in a state of alcohol intoxication is considered an aggravating condition.
• Administrative. It is used if traffic rules or laws involving such responsibility are violated.

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

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

Fatal accident

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

What is an accident penalty?

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

• The culprit of the transport accident did not give a signal about maneuver or rebuilding, unfolded or drove the reverse move where it was not supposed - 500 p. *
• Failure to comply with the established rules of the vehicle movement in the courtyards - 1500 r. * For Moscow or St. Petersburg - 3000 p. *
• Failure to comply with the distance between cars moving ahead and on the sides - 1500 r. * The penalty is not discharged if the car was in the parking lot or did not move during the accident. If the car stops sharply, then the driver is fined behind if it crashed into a stopping machine.
• Moving along the railway tracks when the movement is prohibited (prohibiting light of the traffic light, a locked barrier), - 1000 r. * Or deprivation of driver's license for a period of 3 to 6 months.

The penalty for the petty accident 2018 is a thousand rubles. This type of violation concerns easy accidents, where the damage was injured only the property.

Small accident

Notification of the fine and its payment

The traditional way to notify the violator about the presence of a fine and the need for its payment is a postal notice. A letter comes on average a week after making a decree on recovery. But in connection with the postload of mail, many letters are delayed by 2 or more weeks. If the violator does not receive a letter, it is sent back to the traffic police as unclaimed. From the point of view of the law, ignorance or non-receipt of notification about the fine does not exempt from payment.

The payment of the fine is given 60 days from the date of entry into force of the Resolution. Otherwise, the global judge makes a decision on the arrest of the violator for 15 days, or appoints compulsory work up to 50 hours, or a penalty in a double amount from the amount of unpaid, but not less than one thousand rubles.

Note! You can pay only half of the penalty written for the automotive offense, if you make money no later than 20 days from the relevant decision. There are exceptions for certain types of fines and in cases where the execution is delayed, then the monetary penalty is carried out in full (CACAP of Russia, part 1.3, Article 32.2).

Check fines easier on the traffic police website:

1. Go to the traffic police site.
2. In the Motion Participants tab, select "Check fines".
3. In the form of entering information about the car.
4. The scan results will appear on the same page.

Check fines

Payment methods a lot:

• At the cashier of the bank.
• In the personal office of Sberbank.
• Through the QIWI terminal. This way is bad because the commission is charged - 3.5%, but not less than 30 rubles.
• Through the website of the State Service (www.gosuslugi.ru). In the Personal Account in the Data tab, specify information about the car and driver's license, to further open "fines" and check their presence, from the presented list, select and pay.

Changes in legislation

The latest innovations concerning fines for an accident occurred on July 1, 2015. Punishment tightened against drunk drivers. If the culprit has previously had a conviction for the transport incident, the decision on his punishment makes the court:

• penalty for the commission of an accident in the amount of 200-300 thousand rubles *;
• 480 hours of compulsory work without the possibility of holding a specific position;
• 2 years in prison sentence.

Depending on the severity of the accident, the penalty is elected. If, due to a drunken driver, a person died in an accident, then a prison period from 2 to 7 years, if the number of victims of more than 2, then up to 9 years old.

Appeared new penalty For the non-recovery of the carriageway with an accident. On the roads with a large transport load, cars are definitely removed from the roadway, that is, before the arrival of traffic police officers.

How to avoid a fine

Accidents and collisions of cars on the road - an unpleasant event for any person. To always keep yourself safe from situations and save time, nerves, money and health, it is better to observe precautions. On the road, you should keep the car gently, try not to play "Catching" with other drivers. Simple rules - not sitting behind the wheel drunk, abide by the distance between the machines, be attentive and pass pedestrians and aggressive drivers - can save the lives of many people.

* Prices are relevant for June 2018.

Punishment culprit accident Without victims, it will be appointed depending on the disturbed pDD Point. All liability options are recorded in the Administrative Code of the Russian Federation, and the compensation of property damage will be held under the OSAGO program or through court. In this article, we will consider how it comes for an accident without affected, and what types of sanctions are threatened by the perpetrator of the accident.

What consequences can be with an accident

By accident, the law understands the collision of two or more cars, as a result of which the damage to transport and harm to the health of citizens is caused. Even with minor accidents, it is impossible to avoid damage to the car - small scratches arise, chips, dents, etc. arise. Ensured in the absence of victims of citizens, the participants of the accident should immediately after the collision - such a requirement is indicated in the rules of the road.

If the victims in a collision are missing, the following options for the development of events are possible:

1. car owners can do without calling the traffic police officer if the execution of documents passes under the Euro-Colane program - in this case, the accident culprit can avoid responsibility, even if violated traffic rules;
2. if the inspector is brought into place of the collision, for each identified violation of the rules, the procedural protocol is drawn up - the further consideration of the case will be held in court, or the punishment will appoint a traffic police officer (it depends on the violated PDD clause);
3. reimbursement of property harm will pass through the insurance company, and in the absence of the driver of the policy of the OSAGO - through the court.

Thus, the basis for bringing to responsibility on the COAP of the Russian Federation will only be a protocol in which all violated PDA points are indicated.

Directly when establishing all the circumstances of the accident, an additional basis may arise to bring liability. When identifying signs intoxication, the traffic police officer can send car owners to pass through medical examination, or to conduct this procedure on the spot (in the presence of an appliance with confirmed passage of calibration). Confirmation of the fact of intoxication, or the refusal to pass this procedure, entail sanctions on the COAP of the Russian Federation - a fine and deprivation of rights.

According to the articles of the COAP of the Russian Federation, who do not provide for the arrest of the violator or deprivation of the right of management, the case can be considered official Traffic police. For example, under Art. 12.36.1 Administrative Code of the Russian Federation may be appointed a penalty for using the phone while driving - this case refers to the competence of the traffic police officers, and the direction of material in court does not occur.

If the authorities include arrest or deprivation of rights, only the court can consider the case. After drawing up the protocol, the administrative material is sent to the judicial institution. The proceedings of the case takes place at the place of violation, and the participants of the accident will be notified about the place and time of the meeting of the judicial agenda, or when drawing up a protocol.

The court without victims in an accident undergoes the following rules:

• if the auto owner was properly notified of the meeting, the Court may consider the case without his participation (the exception is the case when the driver was detained at the site of an accident until the protocol's consideration);
• the court considers each violation of traffic rulesreflected in the protocol, and the addition and testing of sanctions is allowed only in cases directly indicated in the Code of Administrative District;
• when performing homogeneous violations within one accident, the Court appoints a single punishment in the amount of the highest possible sanction from all the articles of the special part of the COAP of the Russian Federation.

If in article COAP The Russian Federation specified several alternative sanctions, the court will make a choice, taking into account the nature of the violation and its public danger.

It should be borne in mind that some types of punishment cannot be applied to certain categories of citizens. In particular, the following situations are possible:

1. the arrest cannot be applied to pregnant women, minor children, servicemen and some other categories of violators - in this case, the court is obliged to use the sanction in the form of a fine;
2. if the violator is not right, or was previously deprived of them differently administrative caseThe court appoints arrest (when banning the use of arrest will be imposed a fine);
3. if the repeated fact of intoxication is revealed, or the refusal to pass a medical examination, the administrative case is terminated, and the violator will incur liability under Article 264.1 of the Criminal Code of the Russian Federation.

The third of the listed options is the only case when an accident without affected will entail criminal liability.

The sanctions selected by the court will be fixed in the decision. To pay the appointed fine, the violator is given 60 days, after which the ruling will be fulfilled in a compulsory fSSP service. Deprivation of rights generates the following consequences:

• no later than 5 days after the ruling entry into force, the violator is obliged to pass the driver's certificate form in the traffic police;
• the sentence in the form of deprivation of rights begins to flow from the moment of the certificate, or after its withdrawal by the traffic police officer on the road;
• for certain types of disorders, it is possible to return rights only after re-pass exam in the traffic police and presentation of the absence of medical contraindications.

The maximum deprivation period of rights cannot exceed 3 years, even if the driver has committed several violations of the traffic rules.

What articles threaten the perpetrator of an accident

The COAP of the Russian Federation contains a whole block of an article that can be applied in violation of the rules entrusted by an accident. They are grouped in chapter 12 of the Code of Administrative Offenses of the Russian Federation, and the following compositions are most often applied:

1. art. 12.9 of the Code of Administrative Offenses of the Russian Federation contains sanctions for exceeding speed \u200b\u200bregime;
2. article 12.8 will be punished with a drunken culprit of an accident, and Art. 12.26 Used when refusing to undergo a medical examination;
3. unfortunately leaving the place of the accident, or a different violation of the rules of behavior at an accident, punishable by sanctions under Art. 12.27 of the Administrative Code;
4. art. 12.15 Administrative Code of the Russian Federation punishes a violation of traffic rules associated with the rules of overtaking and maneuvering.

Punishment will follow only for violation recorded in the protocol. If, when considering the case, other violations, not specified in the protocol, the responsibility for them does not occur.

To compensate for property damage, the insurance rules are used. It should be borne in mind that from March 2018, a certificate from the traffic police is not provided for insurance. In the insurance company you need to apply for an accident, as well as the materials of the administrative case (Protocol and Decree). If wine is installed in the accident, both car owners are installed, the receipt of insurance is possible only in court.

If the culprit of an accident is missing the OSAGO policy, damage compensation is held within civil process. The victim files a claim for the recovery of the amount calculated on the basis of the expert's conclusion. In addition, even in the absence of damage to health, the victim can recover compensation moral harm. Forced recovery of the amounts of judicial act takes place within executive proceedings through the support service.

What a fine is provided for an accident in 2018? We tell about all types of punishments

Should a DTP participant in addition to restoring broken cars to spend money on traffic police fines related to an accident?

Check and payment of traffic police penalties 50% discount

To verify fines from cameras of photo and video confixation of disorders.

To check fines discharged by the traffic police inspector.

For free notifications about new fines.

Check fines

Check information about fines,
Please wait a few seconds.

Let's start with the definition of an accident prescribed in the rules of the road:

Clause 1.2 PDD of the Russian Federation:

Road traffic accident

The event that emerged in the process of movement along the road of the vehicle and with his participation in which people died or injured, vehicles, structures, cargo or other material damage were damaged.

In the reality of 2018, we add that the second stakeholder should always exist in an accident, which caused personal harm or damage to property (pedestrian, driver of another car, the owner of a building or structure, etc.). It is from the actions of this part that the first driver will be depends on the accident or not.

Go ahead. All listed in the definition above ( Paragraph 1.2 of PDD of the Russian Federation) Actions separately are not allowed from the point of view of the law. The law is not welcomed by murder, injured, damage to property and other malicious actions. If something bad happened, then DE-Yura was disturbed by some kind of law. The one who violated the law on the road after which guess in an accident and get a fine.

Employees of the traffic police who arrived at the disposal of the situation, reveal a violation of traffic rules due to which an accident occurred. It will become for the perpetrator to the very fine for the accident.

For the culprit of the accident, it is disturbed by a specific CACAP point, for example, the passage of the crossroads for the Red Light (Article 12.12.1 of the Administrative Code of the Russian Federation) or non-compliance with the distance (Article 12.15.1 of the Administrative Code of the Russian Federation) and thereby become fines for an accident that will be added to the car repair spending.

Example: The driver of a passenger car was driving around the city street for a truck. Wrapped on the phone. The truck sharply slowed down due to the cat squeezed on the roadway. The driver who followed the truck of the car did not have time to respond and slow down on time, he made a collision with a truck.

With the analysis of the circumstances of the accident in the traffic police, it will be revealed that the driver of the passenger car is the culprit. He will be discharged a fine under Article 12.15.1 of the Codecha of the Russian Federation "Failure to observe a safe distance" - 1500r. In fact, this will be a penalty for an accident.

By the way, it is this article that is most often used in the analysis of urban accidents. Fine under Article 12.15.1 Administrative Code Classical Penalty for an accident, to get it, not settling the accident very difficult.

It's important to know!

Direct, separate fine for an accident legislation Russian Federation not provided. However, the culprit of an accident will surely be attracted to administrative responsibility For an unlawful effect that served as the cause of the accident. This will be a penalty for an accident.

Penalties at accident

In addition to the main fine for the accident - the very fine, for the action due to which the road accident occurred (travel to the Red Light, Nesropusk Pedestrian, non-compliance with the distance), traffic police officers may write down the collision participants related to DTP fines per:

• The lack of a mandatory policy of OSAGO (fine 500-800r.);
• Finding at the moment of accidents in a drunken state (fine 30 000r. And deprivation of rights for 2 years);
• Non-compliance with mandatory measures according to traffic rules on the designation of the accident site; ( emergency sign, vest outside the city, "accidental". Fine - 1000r.);
• Moving cars damaged to accidents prior to the arrival of the traffic police officer (fine 1000r.);
• Leaving the place of accident (deprivation of rights or administrative arrest).

In addition, a kind of substitute for an accident may act from various organizations that have suffered losses from transportation of transport. Most often, such claims are submitted by organizations responsible for the work of trams and trolleybuses. The amount of the claim is calculated from the lost profits. public transport During the forced downtime.