Deprivation of rights for hiding from the scene of an accident: article, term, appeal
If the car owner left the scene of an accident, the participant or culprit of which he was, this is considered a serious violation of traffic rules.
The traffic rules describe in detail what needs to be done in this situation:
- put an emergency stop sign 15 meters from the car in the city, or 30 meters outside the city, without having to move anything;
- provide first aid to the victims, call an ambulance or take them to a medical facility on your own, then return to the collision site and wait for the traffic police;
- fix all traces of the accident and remove the vehicle from the road, but only if it interferes with the passage of other cars;
- conduct a survey among witnesses and save their contacts;
- call DPS.
With this approach, it will be very easy to determine the culprit of the accident. If the driver is hiding, he automatically takes the blame.
He will be punished under the Code of Administrative Offenses 12.27 part 2:
- deprivation of rights for 12-18 months;
- or arrest for 15 days.
In addition, according to the results of the proceedings, he will have to pay fines for violating other traffic rules, which led to the accident. There is also article 12.27 part 1 - failure to fulfill obligations in case of an accident - which imposes a fine in the amount of a thousand rubles.
Well, another big disadvantage of hiding from the scene of an accident: the damage caused to the victims will have to be paid out of their own pocket, since OSAGO will not cover the costs in the event of the driver disappearing from the scene of a collision.
Thus, leaving the scene of an accident without properly registering it is possible only in such cases:
- the driver is in real danger - for example, the second participant in the accident behaves inappropriately, threatens with a weapon (it is desirable to be able to subsequently prove this fact in court);
- for the delivery of victims to the hospital, if it is not possible to use other vehicles for this purpose;
- to clear the roadway - in fact, you leave the scene of the accident, moving the car to the side of the road.
Please note that in the event that the accident is minor, drivers can sort it out right on the spot using the European protocol, which we already wrote about on Vodi.su, by filling out an accident notice.
How to appeal the revocation of a driver's license?
There are many options to appeal a court decision to deprive you of your rights for hiding from the scene of an accident. True, in each specific situation you need to understand specifically.
Most drivers leave the scene of an accident not because they are afraid of responsibility, but because circumstances force them to do so, or simply do not notice the fact of an accident. For example, when leaving a parking lot, another car was accidentally hit, or someone drove into your taillight in a city toffee. You can also bring such a situation when there is a child in the cabin who is being taken to the hospital, and you are forced to leave the scene of the accident. There are thousands of such examples.
In addition, there is a rule in the legislation stating that the punishment must be proportionate to the fault. That is, depriving you of your rights for a slightly dented bumper, the repair of which will cost several thousand rubles, is too strict a measure.
Based on the foregoing, in order to appeal a court decision, you must be able to prove the following:
- Circumstances forced you to leave the accident scene - inadequate behavior of the injured party, your own child was taken to the hospital;
- it was not possible to file an accident in accordance with all the rules - it happened in a traffic jam, it was insignificant, you did not want to block the roadway because of a small scratch;
- it was not possible to call the traffic police officers - the accident occurred outside the coverage area of the mobile operator's network, and the other participant in the accident did not have a CASCO policy, so drawing up a notice of an accident would not make sense.
In cases where the damage caused by you is really minor, the court has the right, instead of depriving you of your rights, to oblige you to pay damages. An experienced lawyer will try to turn the case this way.
If you provide evidence that you left the accident due to objective reasons, then the court will also take your side.
It should be noted that the decision can be appealed only if the damage is minimal, and a slight blow can really not be felt during a collision. If the amount of damage is significant, then it will be difficult to prove anything. Well, if there are injured passengers or pedestrians, the driver who fled the scene of the accident can be held criminally liable.
Therefore, in order not to get into such situations at all, try to resolve issues with the other party directly at the scene of the accident, without calling the traffic police. If you do not want to mess with the European protocol, just pay on the spot, while exchanging receipts on the absence of claims.
Be sure to get a good video recorder to be able to prove your innocence. Keep it on throughout your trip.
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