The Renault Logan driver stopped after hearing car horns. He was overtaken by a driver in a Lada Largus and began claiming that he had damaged his car.
Noticing no damage to his car, Logan’s driver took photos of both cars and left, deciding there had been no accident.
The driver of Largus called the traffic police and the employees drew up a protocol of an administrative violation against the Renault owner. The Magistrate’s Court found the driver guilty under Part 2 of Art. 12.27 of the Code of Administrative Violations (“Non-compliance with obligations related to a traffic accident”) and deprived him of his rights for a year.
As evidence, they presented a protocol, a diagram of the accident scene, a photo of the damage to Lada Largus and the owner’s testimony.
Logan’s driver disagreed and appealed the decision to the Mytishchi City Court of the Moscow Region. But they denied the claim. The court noted that in the case there is no evidence that an accident did not occur and that the driver simply wants to avoid liability.
But in the First Court of Cassation of General Judiciary (Case No. 16-4416 / 2022) they noted that, according to the report of the traffic police inspector, Largus had a damaged front bumper grille, but there was no damage to Renault. And from this it cannot be concluded that Largus suffered damage as a result of this particular accident, and not before.
The decision of the court
Therefore, the Court of Cassation overturned the decision of the lower court and referred the case back for a new trial. The Mytishchi City Court of the Moscow Region, which had reconsidered the case, overturned the world court’s decision and exonerated Logan’s owner from liability.
A source: Pravo.ru
Photo: Vasily Kuzmichenok/TASS
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