Legal Accountability for Passengers and Vehicle Owners in Traffic Incidents
The 2nd Court of Appeals of First Instance answered affirmatively the question of whether a driver can be held liable for the actions of passengers. This conclusion was reported by a Russian newspaper.
The court’s ruling arose from a case in the Tver region where a passenger opened a door wide and scratched another car. At the time, the insurer refused to cover damages under the compulsory motor liability insurance, which requires proof of the driver’s fault. The insurer advised the car owner to resolve the matter directly with the passenger.
However, the Financial Services Consumer Rights Commissioner disagreed with that decision after the man appealed. The commissioner ordered the insurer to pay 7,300 rubles to the injured party. Later courts affirmed that the decision was legally sound.
The courts determined that the actions of the driver of the Skoda Yeti violated Article 12.7 of the Traffic Regulations of the Russian Federation because the driver failed to control the safe exit of the passenger after stopping the vehicle. The 2nd Criminal Court of First Instance of the Magistrates’ Court found a causal link between the nearby car and the damage associated with the insured event, attributing responsibility to the car owner.
Additionally, it was noted that the driver should have parked in a way that did not interfere with the movement of others, including passengers. The analysis also clarified that the occurrence of an insured event under compulsory motor insurance does not hinge solely on the vehicle in motion.
The assessment stated that damage caused while a door is opened constitutes an accident. Victims have the right to receive payments under compulsory traffic insurance when the person who caused the damage is insured. It was cautionary that such incidents cannot be easily avoided, as they can lead to rights restrictions for a period of up to one and a half years or a detention period of up to 15 days, according to a lawyer’s warning.
In related discourse, Russians have discussed affordable housing and car purchases by comparing real estate prices to the cost of a vehicle. The most economical real estate options have been noted in Orenburg, where a buyer might consider GAC GS8 instead of housing.
Earlier discussions touched on risk factors in other contexts, including health concerns for drivers and safety considerations on the road.