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Most road accidents happen while driving. And this is not surprising, because the intensity of the latter can be so high that even professionals cannot keep track of all its participants. But trouble can also happen when, having passed all the obstacles, the driver simply tries to take an empty seat in a permitted place. An accident in a parking lot is an accident that is all the more unpleasant because it is caused by simple carelessness.

Can such an incident be classified as an insured event?

The basic rule of insurance states that any case in which two or more cars are involved can already be considered as insurable. In this case, the location of the incident, be it a road lane or a parking lot, does not matter. The only difficulty will be to prove that you are right.

Things will be much simpler if the incident occurred in a guarded parking lot or where there are cameras. This will make it easy to find the culprit if he fled the scene of the accident, or to reconstruct events with extreme accuracy.

Thus, we can answer the question of whether an insured event occurs in a parking lot in the affirmative if certain conditions are met:

• The damage must be caused by a third party vehicle and not by the owner of the damaged vehicle. This means that if you crash into a pole yourself, you will have to repair the car at your own expense, unless you, for which you will receive compensation in any case;
• There must be at least two participating cars. If your iron horse is scratched by a pedestrian, then this is more likely a case for the police than for the insurance company;
• the culprit must have or ;
• there is evidence of the guilt of the second driver in the form of video recordings or witnesses.

Thus, whether an accident in a parking lot is an accident or not will depend on the circumstances of the incident.

Procedure

It is no secret that interaction with insurance companies is not an easy process. After all, the latter will always defend their income and look for any opportunity to prove that damage to the vehicle cannot be qualified as a case subject to compensation for damage. Most often, this becomes possible due to an incorrectly registered traffic accident.

In order not to leave your insurer a chance to deprive you of the money due under your policy, you need to know what to do if an accident occurs in a parking lot. All measures will closely resemble those that need to be carried out in any other type of accident. The algorithm will look like this:

Thus, all you need to do in case of an accident in a parking lot: do not panic and perform the listed actions in the required sequence.

Is it possible to receive compensation?

There can be two options for the development of events in the event of trouble in the parking lot. The person responsible for the damage fled the scene or showed civic consciousness and remained at the scene of the accident. In the first case, if there is video evidence or testimony, he will still not be able to avoid problems.

Here you can study what awaits the driver if he made such a mistake as.

Getting insurance will largely depend on who is at fault in a parking lot accident. As already mentioned, if you are the owner of the car, then you should forget about compensation. But if another vehicle is the culprit of your troubles, in this case there is a chance to count on payments.

You should also pay attention to what kind of policy was purchased by the car owner.

If we are talking about MTPL insurance, then, according to the latest changes in the law, drivers can file an emergency without the participation of a road inspector. But in order to receive compensation, you need to prepare the required documents, the main one of which will be.

Please note that the insurance company will accept such a document only if the accident did not result in casualties, the drivers have reached an agreement regarding the legality or illegality of their actions, and the amount of damage does not exceed the established limit - 100 thousand rubles. In this case, you must submit a notification about the accident to the insurer’s office within 5 days, attaching a protocol and photo/video of the circumstances of the incident.


While waiting for the police to arrive, it would be a good idea to consult with your auto center where the repairs will be carried out regarding the cost of the upcoming restoration work.

Those who did not skimp and purchased a CASCO policy should remember that in order to record the fact of an accident, in any case, they will have to call the traffic police, regardless of where exactly the incident occurred - on the road or in the parking lot.

Please note that the insurer will not pay you compensation if, having the specified policy in hand, you decide to do without a road inspector.

What you definitely cannot do is try to deal with the culprit of your troubles by receiving cash from him. First of all, it breaks the law. And secondly, there will be no talk of completing any documents at all, therefore, the chance to contact the insurer will simply be lost.

To summarize, we note that you can count on payments in any case, adhering to the order of the listed actions. After all, every wrong step is another reason for the insurance company to refuse you financial support, which means that you will have to repair the car on your own.

Registration of an accident according to the new rules: Video

Almost every city nowadays has large shopping centers and, accordingly, next to them there are huge areas with parking spaces for visitors to the centers.

Accidents in such parking lots, despite their large areas, are not uncommon. There are legends among inexperienced vehicle drivers that if a car gets stuck in a parking lot, it is not possible to receive compensation from the insurance company and that it is better to simply part ways amicably with the other driver, solving all the problems on the spot. But this is a big misconception and it is always necessary to study the situation in detail.

Accident in a parking lot - who is to blame and what to do?

We can assume two scenarios for the development of the situation in the event of an accident in a parking lot or parking lot:

1. The collision occurred and the alleged culprit remains in the same place.
2. You discovered damage to your car, but the driver of the car who caused the damage fled the scene of the accident.

In the first case, it is necessary to call the traffic police officers to register a traffic accident. They will need to record:

• that an accident occurred is important;
• list of damage to the vehicle;
• who violated what traffic rules.

Based on the last point, it will be possible to determine the culprit of the accident.

Important! In the second case, if the intruder disappeared, leaving you only scratches, you shouldn’t get upset or panic either, not everything is lost.

You should also call traffic police inspectors to formalize this case. Please note that there are CCTV cameras in the parking lot or parking area. You can contact the administration of the shopping center, if the accident occurred in their parking lot, with a request to provide you with such material. If such an opportunity exists at the time of registering the incident with employees, ask them to indicate in the documents that video material is attached. Be sure to remember to find and attract witnesses to what happened and write down their phone numbers. There is a possibility that they remembered the license plate number of the vehicle of the escaped culprit and in the future it will not be difficult to prove the fact of his administrative violation and bring him to justice.

Do not forget:

1. call the traffic police,
2. find witnesses
3. find video recorders.

Registration of an accident in the parking lot

If there is a collision between two vehicles in a parking lot, drivers have the right to file an accident in two different ways:

1. independently, drawing up a European protocol;
2. with the help of traffic police officers.

In case of registration of an accident with the help of traffic police officers, the following actions should be taken:

• photo or video recording of the scene of the incident;
• remove vehicles from the scene of an accident so that they do not create obstacles for other drivers.

Traffic police officers must carry out the following actions:

• drawing up a map of the accident scene;
• inspection of vehicles and identification of damage;
• determination of the culprit of the accident;
• interviewing witnesses (if any) or viewing video recordings of the incident;
• registration of the protocol.

After the inspection officer has performed all the specified actions, he is obliged to issue a copy of the compiled protocol to all participants in the accident. This document serves as an evidence base when determining the guilt of one of the drivers in court and submitting a package of documents to the insurance company for compensation for damage caused by damage to the car.

If the accident was recorded using a European protocol, then the injured driver has the right to submit an application to the insurance company for compensation for the damage caused, since the European protocol is equivalent to documents drawn up by an inspection employee.

Important! If the accident occurred as a result of a collision of more than two vehicles, insurance payment in the form of direct compensation is not made.

It is worth considering that a European protocol is drawn up only when two vehicles are involved in an accident, and the participants in the incident have no disagreement about guilt and damage caused. The liability of vehicle owners must also be insured, and the MTPL agreement itself must be valid at the time of the accident.

When registering an incident according to the European protocol, participants in an accident must:

• take photographs or videotape the scene of the accident;
• attract witnesses;
• draw a diagram yourself, and with the consent of both drivers, enter it into the notification form;
• describe the nature of damage to vehicles;
• indicate the guilty party in the notice;
• sign a fully completed and agreed upon notice by the parties;
• remove cars from the roadway only after a notice has been issued.

An important aspect when registering an accident using a European protocol is drawing up a diagram of the scene of the accident. The traffic accident diagram must contain:

1. The location of the accident in the parking lot - you should use a diagram to depict a separate part of the parking lot. If there are cars nearby, then they also need to be included in the diagram.
2. Location of vehicles - record on the diagram the location of vehicles after the incident.
3. Direction of movement of vehicles. If the movement was made by only one car, then record only its movement on the diagram.
4. Marking lines and other signs located at the scene of an accident.
5. Indicate the name of the shopping center or neighboring streets or businesses if the accident occurred in the organization’s parking lot.

In an additional description, you can indicate the location where the impact occurred during a vehicle collision.

Important! It should be remembered when drawing up a European protocol and the occurrence of an accident that it is necessary to notify the insurance service about the occurrence of such an event.

Leaving the scene of an accident in a parking lot

In stressful situations, drivers often try to hide in the hope that no one saw or heard anything and that responsibility can be avoided. While reversing, for example, in the same parking lot, you might think about it, hit a car parked behind you, and drive away in a fit of panic. Doing this is not only wrong, it can be more expensive and even threatens with the deprivation of your driver’s license.

You need to calm down, wait for the owner of the damaged vehicle, and again call the traffic police officers to draw up the necessary documents. Yes, it is possible that a fine cannot be avoided. But if you just drive away, you may lose your license for leaving the scene of an accident. Judicial practice in such cases is almost unambiguous.

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There are different cases and reasons why car collisions occur in parking lots. This may be caused by an object, a distraction from a driver leaving a parked place, or something else.

In such situations, there is no need to run away from the scene of the accident; it is better to call the traffic police officers if the damage to the cars is significant, and also calmly draw up a Europrotocol so that you can obtain insurance under the policy.

Is it considered

The concept of a road traffic accident is a collision of one, two or more vehicles on the roadway or territory adjacent to the road infrastructure.

This concept is accepted by all legislative acts, as well as by legal specialists - auto lawyers, lawyers, accident commissioners, experts, insurers.

The very nature of the impact, the cause and location of the culprit in the collision will always have its own scale of damage caused. For example, if someone considers being hit by a door in a parking lot to be an accident, then this is a misconception.

Such a case, most likely, will not take place as an accident, and not according to the law, but under articles from the Civil Code, such as “Compensation for damage”.

The following cases are considered by law to be a traffic accident:

1. When there are two or more participants in the incident, property damage has been caused and victims have been identified.
2. When the participant was alone, collided with an immovable object.
3. When a driver hit a pedestrian.

The following are not considered cases of road accidents:

1. Situations where the car was not involved in the accident.
2. When the car stood motionless, fixed, its engine was turned off.
3. A case where there is no damage to property or victims.

As for the territory itself where the collision occurs, it is clear from the definition of what an accident is that the territory adjacent to the roadway is also taken into account as a territorial object, a place where accidents can occur.

However, if we are talking about compensation for damage with the help, then not all cases are counted as an accident. The same goes for .

For example, if a car hit another car that was just parked with the engine turned off, then such circumstances will not be counted as a car accident.

But if both cars tried to leave the parking area, or somehow moved around it, then this is an obvious accident.

Main causes of parking accidents

Accidents in parking lots don't just happen by accident. There are reasons for all this, which experts have noted with a separate list of factors.

These factors include the following circumstances and situations:

1. Changes in car modifications – some new car models differ in size.
2. Some processes of urbanization, changes in patterns in road and roadside infrastructure.
3. High density of cars and traffic near the parking lot.
4. Lack of organization of parking space according to traffic police standards.
5. Car malfunction.
6. Inattention and inexperience of drivers.
7. Initially, the car is in the wrong position in the parking lot.

The statistics are not reassuring - they show the frequency of accidents in parking areas. Today, experts believe that with additional equipment such accidents can be avoided.

When driving in reverse

According to statisticians, in 8 out of 10 cases, parking accidents occur precisely when a car is reversing out of its parking spot.

This is especially true for those cars that are not equipped with a special warning system about the risk of collision with another car.

This system is called RCTA; it will respond with a special signal when the car is moving in reverse. If the car soon risks colliding with any obstacle.

The system provides not only an audio warning, but also a visual one, with an image on the monitor. Experts believe that most accidents can be prevented if cars are equipped with rear-view cameras.

If the parking lot size does not match

A parking space is not just an area for temporary parking of vehicles, it is also an area with special markings that determine its own limited space for each car.

The parking spaces for each car should not be narrow, otherwise it threatens constant accidents in the parking lot.

According to the standard adopted in Russia, when marking parking spaces, the dimensions of all vehicles, including trucks (if necessary), are taken into account.

There are also other rules for how markings should be applied to asphalt correctly, they are as follows:

1. The gap between the open car door and the car standing next to it should be such that one average-sized person can walk freely.
2. There must be a sign near the parking lot - a blue field and a large white letter “P”.
3. The ability to maneuver when entering and leaving a parking space must be present.
4. The thickness of the marking lines must be clearly visible and sufficient for visibility.
5. The paint for markings must be special and has a reflective effect.
6. All small objects - columns, pedestals, pillars, trees, trash cans, terminals, etc. - should not interfere with the entry and exit of each car into the parking pocket, and should not reduce the space of the pocket.
7. The old lines should not be visible when painting new markings.
8. The width of one line is no more than 10 cm.
9. The best position of the marking lines is “at an angle” (40-60 degrees), or “herringbone” for large parking lots, “perpendicular to the roadway” for small drive-in pockets near the road.

In the design of parking lots, the law does not prohibit planting the site with greenery - shrubs, trees, flower beds.

According to Russian standards, one parking space for a passenger car must be at least 2.3 m wide.

But for cars driven by disabled people, the parking space must be large - up to 3.5 m wide.

Deviation from the norms is permissible by 5 cm. Renewal of the painted surface of a temporary parking area must occur at least once every 6 months.

With barrier

If the parking area is equipped with a barrier, then this implies that you must first pay a certain amount of money, which is the parking fee. Only after this the barrier will open and you will be able to drive your car.

If a person causes an accident in a parking lot with a barrier, then the reasons may be the following:

1. The driver does not want to pay for parking services.
2. The driver made a mistake while driving the car.
3. The driver deliberately violated the rules.
4. The driver was distracted by minor circumstances when paying using the terminal.

Terminals or parking meters are not always designed to give change. This often confuses drivers and disrupts their concentration, which is what causes accidents.

What to do

If you are at fault for the car collision, then you should pay attention to the following first steps that need to be taken:

1. Secure the car in a stationary position. The car engine should be turned off and the handbrake put on.
2. Turn on the hazard warning lights.
3. Put up an emergency sign.
4. Get out of the car and immediately see if the alarm of the person involved in the accident has gone off.
5. Make sure that there is no third party or anyone else involved in the accident, when the victim could have pushed another car during the collision.
6. Check the presence or absence of wounded people. If necessary, it is obligatory to provide first aid, call a medical service or take the victim yourself if the severity of his bodily injuries can be assessed as “severe”.
7. Now you can only take a closer look at the damage to the car, both your own and that of the injured party.
8. It is necessary to take photographs or videotape the scene of the incident.
9. It is necessary to find out the address where exactly the colliding vehicles are located.
10. Call the traffic police by phone (number 112) to resolve a difficult situation if there are disagreements and disputes regarding the assessment of damage between the parties involved in the incident.

If there were eyewitnesses to the incident, you can ask for their contact information so that the lights will help ensure a successful outcome of the case.

But if the parties agreed peacefully among themselves, there were no injuries, and the damage to property was insignificant, then the opinion of eyewitnesses is not necessary.

Is it necessary to put up a warning triangle?

You should always display a portable road sign indicating an emergency stop for your vehicle. This rule is reflected in the legal standard provision - ().

The sign should be installed at a distance of 15 m from the car, if a parking area and the road map where the roadway begins are provided for this.

Thanks to the presence of such a sign on the roadway, other drivers will be warned about the accident and will slow down or carefully drive through the collision site.

Therefore, the sign must be within sight of other cars passing by.

How to register correctly

The registration of a parking accident should be carried out in accordance with the factors of the current situation. Therefore, there are two ways by which you can correctly carry out the procedure for registering such an incident.

Initially, in an accident in a parking lot, it is always determined who is to blame, and then the cost of repairing the damage to the victim’s car is approximately estimated.

If only property has been damaged and the damage is minor, then the option of registration according to the Europrotocol is chosen.

If there are injuries, or the property of the injured participant in the accident was severely damaged, the damage is estimated at more than 50,000 rubles, then you should call the traffic police officers so that they do everything in full form.

How to draw up a European protocol

Such a card gives the right to use insurance to a foreign person on the territory of the Russian Federation.

Scheme

One of the main tasks in registering a parking accident is to competently and accurately draw up a diagram of the incident.

You need to know not only how to schematically depict collision objects and terrain, but also what else must be contained in the diagram.

The diagram should reflect:

1. Place, territory where the accident occurred. A separate part of the parking lot is marked; there is no need to draw its entire territory.
2. The location of neighboring cars is mandatory, if there were any.
3. The direction of movement of the machine is indicated by arrows.
4. Parking lot markings, road signs.
5. Small objects - a bench, a trash can, poles, etc., that were nearby near the accident site.

Additionally, it is best to indicate the names of neighboring streets or some landmark so that you can understand at what address the accident occurred.

The first blow in a collision is usually indicated in a separate column of the European protocol form. In the case where an accident is registered by traffic police officers, they will draw up the diagram themselves.

But they must do this in the presence and under the supervision of the drivers themselves - participants in the accident.

Is an accident in a parking lot an insured event?

Just a couple of years ago, a collision in a parking lot might not have been perceived as a traffic accident, which would have been included as an insured event under the MTPL or CASCO policy.

Usually, in such circumstances, damages were simply compensated under articles from the Civil Code.

But in connection with the June changes that took place in 2019, the so-called “internal territories” have now been defined.

These are the coverage areas of the insurance policy, which are added to the main territories - the roadway and the adjacent road infrastructure.

The internal part of the insurance coverage area is the courtyards of houses, parking lots and some types of parking areas.

These, for example, are:

• parking lots located on the ground floors of large shopping centers;
• parking spaces in the courtyards of residential apartment buildings;
• parking areas in the courtyards of municipal, state and public buildings and structures.

But in addition to parking spaces somewhat distant from the roadway, there are also parking areas that are equipped on the roadsides.

These include drive-in pockets divided into parking spaces, and specially made areas for temporary parking at gas stations, stadiums, piers and other areas.

Therefore, thanks to the latest changes to the MTPL Insurance Rules, which came into force at the beginning of 2019 (part in January, and the other part in April), parking spaces are now also recognized as insurance territory.

If we talk about CASCO, then everything is not so simple here. This type of car insurance is voluntary, so it is not regulated by a separate law, and its rules are mostly established by contracts concluded between policyholders and insurers.

Therefore, if a collision occurs in a parking lot, you should look at the CASCO policy, if the driver has one, and read the terms of the contract, the list of what is included in insured events.

In addition to the territory of influence of the insurance policy, there is also such an important criterion as the nature of the collision.

If, for example, both cars moving in a parking area collide, then it will immediately look like an accident in the eyes of the insurance company.

Then the at-fault driver can use his MTPL policy to cover the losses he caused to the injured party.

If the driver collided with a stationary car that was simply standing fixed and with the units turned off, then according to compulsory motor liability insurance there is no accident.

The same should be said about hitting a barrier, tree, etc. In such cases, a CASCO policy can play a big role.

What to do if the culprit escaped

In circumstances where you yourself are at fault in a collision in a parking lot, you should not leave the scene of the accident.

If no one got out of the car after the collision, you need to make sure that the people there were still alive, or that they were simply not in the cabin.

In this case, there is no need to leave a note with your phone number and car number written on it. In any case, one of the participants is obliged to call the road patrol service.

In addition, if there are CCTV cameras near the parking area, they will record the license plate number of the car, the appearance of the driver who provoked the incident, as well as his disappearance from the scene of the accident without the consent of the patrol officers.

If the culprit of the collision in the parking lot left without good reason, then the victim must report the damage found on the car to the traffic police.

After the application is received by the highway police, employees will put the culprit on the wanted list, check all CCTV cameras if they are installed nearby the parking area, find and interview witnesses, if any.

In this case, you can also contact the insurance company; it will pay the victim insurance, and then demand the same amount from the found culprit as recourse under compulsory motor liability insurance.

Fine

For the fact that the culprit in a collision in a parking lot disappeared from sight or left the scene without good reason, a fine is imposed.

Accident in the parking lot — type of accident involving damage to a vehicle while parked. Situations can be different - damage to the body by a special barrier, a collision with another car when reversing, hitting the body of a neighboring car when opening the doors, and so on. Such cases are common, but finding the guilty party is often difficult due to ignorance of traffic rules and a number of legislative norms. Below we will look at who is to blame in an accident in a parking lot, whether such a case is covered by insurance, and how to act in each specific situation.

Causes

It’s not for nothing that driving courses pay attention to developing vehicle parking skills. In conditions of dense traffic congestion, inexperienced drivers often make mistakes and damage the body of a nearby vehicle. But there are also more comical cases.

Let's highlight common situations:

• Reversing. According to statistics, the majority of parking accidents occur when reversing (80%). Interestingly, in such situations the driver is not 100% at fault. There are markings in the parking lot, which are done taking into account special standards. For example, a passenger car is allocated 2.3 meters or more in width. If the parking space is provided for disabled people, this parameter should be larger - from 3.5 meters.

Ideally, the markup should be “fresh” and updated regularly. The width of the dividing strip is 10 cm or more. An additional plus if the boundary lines are drawn at an angle. In this case, it is easier to enter and exit a parking space without the risk of damaging a nearby vehicle.

• Barrier. Another situation is a collision with a barrier, which is often installed at the entrance and exit of a parking lot. The reasons may vary. For example, the driver refuses to pay for the service and decides to “break through” the installed fence. Another option is simple inattention or violation of driving rules. It happens that a person driving at a crucial moment simply mixed up the gas and brake pedals.
• Lack of space. Parking lot owners are trying to squeeze maximum profit out of their existing business. On the way to their goal, they increase the number of places for cars, while ignoring the current norms and requirements. As a result, the driver has minimal room for maneuver when entering and exiting his seat. Under such circumstances, the likelihood of a collision with another car increases.

An additional negative factor is the presence of foreign elements, for example, pillars or cabinets. Inexperienced car owners are so busy with parking “work” when entering and exiting that they do not notice such interference.

• Opening doors. Due to the lack of parking spaces, cars are often parked close to each other. In such situations, it is easy to damage a neighboring car by simply opening the door. When the movement is sudden, the damage will be significant and will put a serious dent in the pocket of the injured party. Based on the definition of a road accident, the incident in question is not one of them, but this does not mean that the guilty party should not be punished.

How to proceed - instructions

The main mistake of the victim is incorrect actions when identifying damage to the vehicle, which reduces the likelihood of finding the guilty party. In fact, the approach to registering such an emergency is similar to that used in a standard road accident.

The first steps are as follows:

1. We make sure that the machine is fixed and will not move in any direction.
2. We press the emergency lights button to identify ourselves with flashing lights.
3. We install a warning triangle. Here it is important to proceed from the situation and place where the accident occurred. In most cases, such an action is necessary to avoid new collisions with other vehicles.

The next stage is registration of the accident. There are two ways here:

• Filling out the European protocol together with another participant in the accident. This is a convenient option that allows you to save time and not have to wait for the inspector to arrive. To apply the method there must be no casualties or serious damage worth up to 100,000 rubles.
• Involvement of traffic police officers. If the conditions discussed above are not met, people were injured as a result of the accident, or significant damage was caused to transport, the involvement of an inspector is mandatory.

Next, an incident diagram is drawn up, according to which the culprit of the accident is determined. It is important to show in the figure the cars that directly or indirectly affected the accident. For a better understanding, the diagram shows the direction of movement of the vehicle, which will allow you to understand the circumstances and cause of the collision. Special attention is paid to small objects that could interfere with the driver while parking. For example, an obstacle is often an ordinary bush, pole, urn or other element.

If we consider the actions of the inspector at the scene of the accident, they have the following sequence:

1. Drawing up an accident diagram (this nuance was discussed above).
2. Determining the culprit of the event.
3. Inspection of vehicles and determination of the level of damage. All nuances must be described in as much detail as possible.
4. Studying photo and video materials (if any), interviewing witnesses.
5. Drawing up a protocol indicating the most important nuances of the accident.

Can I get insurance?

An accident in a parking lot has two scenarios:

• The guilty party left the scene of the accident.
• The driver responsible for the accident remained at the scene until the circumstances were clarified.

In the first case, to prove guilt, testimony of witnesses or the presence of video confirming the fact of the collision will be required.

Receiving payments under compulsory motor liability insurance depends on the culprit of the accident. If the accident was caused by the owner of the vehicle, then you can forget about compensation. The situation is different when the driver has become a victim of circumstances, and the culprit is the other party. Here the insurance company is obliged to react, because since 2018, parking lots are included in the area of ​​responsibility under compulsory motor liability insurance.

As noted, in the absence of significant damage to the car and injured persons, a European protocol can be issued. In this case, the insurer accepts the paper if the following conditions are met:

1. The amount of damage is up to 100,000 rubles.
2. The participants in the accident agreed among themselves who was right and who was wrong.
3. There were no casualties or injuries as a result of the incident.
4. Municipal property was not damaged.

Notification of an accident must be submitted to the office of the insurance company within five days. Together with this document, a protocol is transmitted, as well as evidence (for example, photographs or videos recording the situation that occurred). To get an idea of ​​the approximate cost of repairs, it is important to dial the number of the service station where repair work is planned and check the prices.

If the driver has CASCO insurance, then the option with the European protocol is not suitable. The best solution is to call a traffic police inspector, regardless of the location of the incident. In other cases, the insurance company may ignore payments to the car owner.

In this case, it is prohibited to negotiate on the spot with another participant. Such actions are a direct violation of the law and also exclude the possibility of receiving payments from the insurer in the future.

Who is guilty?

First, it is important for the injured party to inspect the car and assess the extent of the damage. If we are talking about a small scratch, it is pointless to look for the guilty party (in the case of fleeing the scene of an accident). It is almost impossible to prove the fact of an accident. It's a different matter when there are clear signs of a collision. If the second participant disappeared, it is important to call the traffic police. In this case, the driver who leaves is automatically found guilty and bears full responsibility for leaving the scene of an accident in the parking lot.

To determine the identity of the other party, you should do the following:

• Contact the parking administration and ask to see the CCTV footage. The downside is that such information is often provided upon official request. In addition, the retention period for records is limited to one week, and investigations in most cases take longer.
• Interview people who were nearby. Perhaps there will be witnesses who will identify the offender.

Minor accidents are usually classified as administrative violations. There are a number of features here. In particular, Article 4.5 of the Code of Administrative Offenses states that a resolution in such cases must be sent within up to 3 months. If this does not happen, it will no longer be possible to catch the culprit of the accident (the statute of limitations has expired). But don't despair. If the injured party has a CASCO policy, then the likelihood of receiving it is higher.

What to do if the culprit left the accident?

If the driver left the scene of the accident, traffic police officers must search for him. To do this, the injured party fills out a statement about the accident and attaches documents, videos, photos and other evidence confirming this fact.

In this case, two developments of the situation are possible:

1. The guilty party left their data (telephone number, contacts).
2. There is no information about the offender.

Types of punishment:

• Hiding from the scene of an accident. Here, an arrest of up to 15 days, withdrawal of rights (up to 1.5 years) or a fine of 500-1500 rubles is possible.
• Relocating the vehicle to another location - a fine of 1000 rubles.

In any case, the victim must not move the vehicle until the traffic police inspector arrives. If you have contacts, you can contact the culprit and try to resolve the situation peacefully. As for responsibility for leaving the scene of an accident, it is prescribed in the Code of Administrative Offenses of the Russian Federation, Article 12.27. In this case, the final punishment is determined by the judicial authority depending on the circumstances. As noted, this could be an arrest, a fine, or even deprivation of rights.

Every motorist knows that danger can await his favorite vehicle not only on the road, but also in the adjacent territory. A car can be scratched or dented even while it is standing peacefully in a supermarket parking lot or waiting for its owner at a gas station.

In such an unpleasant case, the owner has a logical question: does compulsory motor liability insurance apply if the accident occurred directly in the parking lot?

Compulsory insurance has been in effect in Russia for more than a decade, but car owners still often have questions regarding whether the road incidents that happened to them are an insured event or not, and whether the insurer will compensate for the damage received. One of these frequently asked questions involves a parking lot accident.

To answer this, it is necessary to refer to the current legislative norms. According to Article 1 of Law No. 40-FZ “On Compulsory Motor Liability Insurance”, the liability of a car owner can be recognized as an insured event if he caused damage to the property of the victims, their health or life while using his car.

Federal Law No. 40-FZ “On compulsory insurance of civil liability of vehicle owners”

Article 1. Basic concepts

insured event - the occurrence of civil liability of the owner of the vehicle for causing harm to the life, health or property of victims when using the vehicle, entailing, in accordance with the compulsory insurance contract, the obligation of the insurer to provide insurance compensation;

The law understands the use of a car as its operation on roads and in adjacent areas.

According to paragraph 1.2 of Article 1 of the Traffic Regulations, the status of territories adjacent to roadways has:

• local courtyards;
• residential areas;
• designated parking areas;
• gas stations;
• enterprises;
• other areas that should not be used for through traffic.

Based on this, a collision between two cars that occurred in a parking lot should be classified as an insured event.
This means that if a car left in the yard or in an underground garage was damaged by a moving vehicle, the insurer will have to compensate the injured party for the damage received from an accident in the parking lot under the MTPL policy.

Important Features

It should be remembered that an accident refers only to the interaction of two or more vehicles. If an icicle falls on the roof of a car parked in one of the designated parking spaces in the yard, or a resident passing by leaves a scratch on it, and also if the car owner himself damages his car by hitting a pole or running over a curb during an unsuccessful maneuver, the compulsory civil insurance policy there will be no liability. Accordingly, there is no hope for compensation for the damage received. . In such a situation, only the holder of a voluntary CASCO policy can count on compensation for damage.

As practice shows, when considering an accident that occurs in a parking lot, insurers require the following conditions to be met in order to recognize it as an insured event:

• the damage to the car was caused not by its owner, but by another vehicle;
• only cars are involved in the incident, since damage to a car by a pedestrian is not considered an accident;
• the culprit of the incident must have a compulsory motor liability insurance policy;
• the injured party, using video footage or witness testimony, can prove that the damage was caused by another motorist and not a passerby.

Drawing up a European protocol in case of an accident in a parking lot

The current insurance rules allow participants in the incident to document incidents that occurred in parking lots in the form of the Europrotocol. This document can be drawn up without the presence of a traffic police inspector.

In order for the Euro Protocol to be accepted by the insurer in order to resolve the issue of compensation for damage caused, its drafters must take into account the requirements and comply with the conditions set out by the Central Bank of the Russian Federation in Article 11.1 of the Insurance Rules:

1. The damage was caused exclusively to the property of the parties.
2. A collision involves no more than two cars, including cars with trailers attached to them.
3. Both car owners have insured their civil liability.
4. The European protocol is drawn up in 2 copies on an accident notification form, signed by both parties and sent to the insurer no later than 5 working days from the date of the incident.
5. The participants in the accident provided their cars for technical examination within a 5-day period from the date of receipt of the request from the insurer.
6. The amount of compensation for damage caused to the car, according to preliminary estimates, does not exceed 100,000 rubles. However, if an accident is recorded in Moscow, St. Petersburg, the Moscow and Leningrad regions, the amount of compensation is not limited, and the damage is compensated within the maximum insurance payment approved by the law on compulsory motor liability insurance for cases of property damage.
7. The Europrotocol must be accompanied by photo and video materials detailing the location of the collision, as well as data from navigation aids

When drawing up the Europrotocol, the form must be filled out with a regular ballpoint pen. Each participant will have to enter their own personal information into the notice. Two pairs of signatures must be placed on the front side of the document, and its reverse side is signed only by the person who intends to demand compensation for damage from the insurance company.

To summarize the above, it turns out that the law allows for an accident in a parking lot to issue a Euro protocol without involving traffic police officers, but only if the culprit of the collision:

• famous;
• did not try to leave the scene of the accident;
• has a current MTPL policy;
• ready to cooperate with the injured party.

Unfortunately, not all persons who are responsible for an unpleasant transport situation show consciousness. Many people, having hit someone else’s car in a supermarket parking lot or in the yard, still drive away from the scene of the incident, trying to avoid responsibility or simply not wanting to waste their time on paper formalities.

What to do if the culprit escaped

A car owner finds himself in a difficult situation if he finds his car in the parking lot with a dented bumper or a dent on the side, if the driver who caused this damage fled the scene without leaving coordinates. What should the injured motorist do in this case? Is it really possible to pay for repairs out of your own pocket?

Automotive lawyers argue that there is no need to rush to give away your money. The widespread use of modern technical means that is relevant today makes it possible to quite successfully find those drivers who did not want to show civic consciousness.

Many parking lots and courtyards are equipped with cameras, and the immediate fact of an accident could be recorded by the video recorders of cars parked in the neighborhood.

If the culprit of an accident in a parking lot has disappeared, the injured motorist should act as standard:

1. Call the traffic police, since all accidents that occur on the road and adjacent areas are dealt with by employees of this particular department.
2. Do not move or move the damaged vehicle until the police arrive.
3. If necessary, turn on the hazard warning lights and display a warning triangle.
4. Do not lift or touch parts of the car that have fallen off as a result of an accident or scattered glass.
5. Find witnesses to the incident, who may be dog walkers walking in the yard, a parking lot watchman, or owners of cars parked nearby, and write down their contact information.
6. Report the incident to the insurance company.
7. Take photos of the damage to your car.

The correctness of the victim’s actions will deprive the insurer of the opportunity to evade the insurance payment. He is obliged to pay for the damage in any case if the victim in the accident provides evidence of the guilt of the other driver. The insurer has the right to recover its own losses from the culprit of the incident, but after his identity has been established by law enforcement agencies.