The traffic police trap (with deprivation of rights), which motorists drive themselves into

Let’s analyze a typical situation: when you return to the parking lot at the supermarket with your purchases, you suddenly notice that a dent, scratch or damaged mirror has appeared on the body of your car.

The perpetrator and the railway have a cold, there are no witnesses. In this case, it is impossible to register an accident according to the European protocol (the second participant is unknown), and the car owner must contact the law enforcement authorities without fail. This is stated in section 2.6.1 of the traffic regulations. In such a situation, many will go to a stationary traffic police station or to the nearest traffic police department to report the incident. There, however, the inspector can tell you that you yourself are the culprit of the accident and, moreover, you have left the scene of the accident and this is a serious violation of the traffic rules.

How to act in such a case and what threatens the car owner if he nevertheless leaves the scene of an accident and arrives at the traffic police himself?

Expert opinion

Sergei Smirnovlawyer:

You should immediately call 112, explain the situation and act according to the instructions of the police officer. You can only leave the scene of the alleged accident after being instructed to follow the nearest traffic police unit or the traffic police crew.

Before leaving the scene of the accident, it is necessary to note the names and addresses of eyewitnesses (if any), record by any means (photo and video recording) the position of the car in the parking lot, also attach the binding to a stationary object (shop, pole indicating the parking lot number, etc.). Be sure to take pictures and videos of the damage to the car. And only after that you can go to the traffic police department (to the traffic police station or to the traffic police crew indicated by phone) to report an incident.

Subject to such an algorithm, there will be no claims against the driver of the traffic police, as the driver has acted in accordance with article 2.6.1 of the traffic rules.

A car in a parking lot is damaged by a pedestrian – is this also an accident?

According to the rules, a traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which material damage was incurred. In other words, if a car parked in a parking lot of a hypermarket has been damaged by, for example, a customer with a passing cart, then there is no longer an accident, but material damage. In this case, it is up to the car owner whether or not to contact the law enforcement authorities.

What if I have already left the scene of the accident?

If the confused driver has already left the scene of the accident and arrived at the traffic police, he can be formally charged with failing to comply with the requirements of Section 2.6.1 of the SDA and deprived of his rights. On the other hand, the driver did not escape, he came to resolve the circumstances of the incident. Here everything will depend on the specific inspector, traffic police officer. The driver may not be penalized in this case.

The only clarification is that there should be photos at the scene of the incident so that the circumstances of the collision can be established.

Don’t forget to ask the inspector to request information about the presence of cameras in a certain area and to request data for a certain time. This will help determine the culprit, as well as establish the circumstances of the accident.

Source: Z R

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