What is the concealment from the place of road accident?
Concealment from the place of road accident in popular speech are called leaving by the driver in defiance of traffic regulations of the place dorozhno - transport incident which participant he became. It is the violation involving deprivation of the right of control of vehicles.
According to p.1 Art. 12. The 27th driver is attracted for non-performance of the duties provided by traffic regulations in connection with road accident that attracts imposing of an administrative penalty of one thousand rubles.
The second part assumes responsibility for concealment of the driver from the place of road accident and attracts deprivation of the right of control of vehicles for a period of one year till one and a half years or administrative detention for a period of up to fifteen days.
We will understand, that such road accident . Many believe that road accident is understood as incident in which there are several participants among whom there are people or cars, but it not so. For example, drivers whose cars are insured on the COMPREHENSIVE INSURANCE, perfectly know that they should make out the fact road accident anyway - for example if touched a tree or a column, it is qualified as road accident.
In traffic regulations, in pct 1. 2 “ General provisions “ it is specified that of road accident is the event which arose in the course of the movement on the road of the vehicle and with its participation with which people died or are wounded vehicles, constructions, freights are damaged, or other material damage is caused.
in practice many cases when the driver, for example, slightly touched the pedestrian with a mirror were b> and after mutual recriminations and disputes participants said goodbye with each other. The driver, having convinced that he of claims from the person whom he touched with a mirror, no, can continue the movement. However there have to be facts confirming lack of claims namely - lack of wounds or other injuries at the above-stated person. Only in this case the fact road accident will not be established.
If the citizen wants to revenge the driver, he will simply file the application to the militia. At the same time there will be not enough one statement for concealment of the driver from the place of road accident, in traffic regulations the accurate instruction on damages or injuries which the citizen therefore one of proofs will be medical certificate about harming health had to get is given.
Leaving of the place of road accident will not be:
- failure to meet requirements of participants of traffic regarding shift of the car for the purpose of release of a strip for the movement of vehicles. Traffic regulations regulates such opportunity, however orders to record in the presence of witnesses the provision of the vehicle until its movement, traces, objects;
- bringing of the victim in hospital on own car. At the same time after these actions the driver is obliged to return to the place of road accident commission;
- if drivers of vehicles, having estimated circumstances, having made the scheme of the road accident and having signed it, go from the place of road accident to the closest post of traffic police or to body of militia for road accident registration.
It is formal leaving of the place of road accident absence of the citizen at the time of registration of incident by police officers is . If the driver left or left the place of road accident, but was by the time of registration, it will not be violation. At everything at the same time traffic regulations in pct 2. 5 oblige participants of road accident to expect arrival of staff of traffic police, but do not impose a duty which is in waiting for employees, also do not point to a time interval of expectation.
At the same time, between the words “ to expect “ and “ to wait “ there is a basic difference. For its establishment we will address the explanatory dictionary of Ojegov.
- Concept “ to expect “: to be where - nibud, counting on emergence, arrival somebody or something. Thus, rules established only one requirement - to expect and this requirement is not concretized.
- Concept “ to wait “: to stay before emergence somebody or something expected. And this concept as we see, is more concrete.
How to regard behavior of the driver who left the place of road accident, but then returned? It is impossible to call this fact concealment, and action of this participant of road accident does not get under qualification as regards the 2nd Art. 12. 27 Administrative Code can be also qualified only according to the p 1 of Art. 12. 27.
If the second participant preferred not to cause GAI and paid off with you on the place - exchange receipts. Receipts have to contain the following text: as a result it is that to drivers it seemed that cars sustained damage to result of possible road accident, drivers examined the cars and did not find on them the traces indicating the road accident commission fact in this connection they continued the movement. Need for a call of traffic police was not available. The parties of claims to each other have no.
We will review an example . The driver fled the place of road accident: on the parking the car standing nearby and the driver was hooked, having counted upon the fact that nobody saw this event, left. When traffic polices on testimony found and called this driver, he agreed about voluntary compensation to the person to whom his actions caused damage. Thus, only the conflict between two citizens is exhausted, proceedings on an administrative offense are already initiated and the citizen cannot withdraw the application for road accident commission. I will remind, the citizen was attracted for the fact of the administrative offense expressed in concealment from the place of road accident.
It is possible to get also on autosetup . On parkings and parking near supermarkets, and sometimes, depending on damage, and on the road to you the person who will claim that some time ago he saw how you damaged the bumper or other part of the car its vehicle can approach. There can be also witnesses. Certainly, the driver, having been sure absolutely that he did not put any damages especially as on his car there are no traces, it is developed and leaves.
This circumstance is the basis for the second driver to call traffic police officers then everything is developed according to already famous scheme. In court, later time to prove what is valid not you it was made dorozhno - transport incident, it will be extremely difficult, to define guilt degree, arrived traffic police officers for whom the driver did not wait had to establish primary damages. In the subsequent, of course, as a result of comparison of two cars degree of probability of drawing the established damages by your car will be defined, however this fact will not have the defining value.
If all of you intend to leave the place of road accident, take several tens pictures which could confirm the fact that you have no relation to these damages! In that case the photos indicating damages of the second car - availability of dust, dirt, additional scratches, perhaps will help, the acted rust (if you are offered to pay the damage caused a few weeks ago), appearance of the car is important and in general. On your car it is also necessary to record possible scratches on those its parts with which damage could be put, pay attention to the same dust and dirt.
If you were called in traffic police for registration of the protocol on the concealment fact from the place of road accident, attentive. Demand carrying out examination and experiment for the purpose of establishment of the circumstance confirming that similar really could take place with participation of concrete cars. If you are offered to sign the scheme or other materials, never refuse it. Specify that do not agree and put the signature. Surely make the copy or photograph the document the camera - in any document which copy the citizen does not receive, it is possible to bring further various convenient for one of the parties of change.
Do not get into accident and assert the rights! Good luck on roads!