There are many cases where an unsuspecting driver is blamed for an accident that he did not commit. This happens for various reasons.
This article talks about how to stand up for a driver who has been falsely accused.
Reasons for blaming a driver who was not involved in an accident can be very diverse from misunderstandings to “set-ups”. Among them:
- Actions of fraudsters;
- Existence of a car-double;
- The participant in the accident is the previous owner of the car;
- An erroneous accusation made due to the fact that all the details of what is happening are not visible from the outside.
What to do if the driver becomes a victim of fraud?
How is it possible that a driver is accused of an accident due to fraudsters? The scammers operate as follows: they buy broken auto parts and install them on their cars, after which they look for a victim to blame for the accident.
The scammers' goal is money that the insurance company will allocate for car repairs. After this incident, the driver will be forced to buy an MTPL policy at a higher price.
What can an accused driver do to prove his innocence:
- In accordance with Article 26.4 of the Code of Administrative Offenses of the Russian Federation, the driver can prove that the car has not been repaired;
- The driver can provide an alibi. For example, using call details, DVR recordings or calling witnesses (in accordance with Article 25.6 of the Code of Administrative Offences);
- You can ask the inspector to check for the presence of a fraudster in the database of administrative violations. It is likely that the swindler will be caught in dishonesty.
What to do if the driver was at the scene of the accident, but is not a participant at all?
Sometimes a motorist is accused of damaging someone else's car when in fact he was just passing by.
Usually such accusations are made by mistake, since it is not always clear from the outside whether there really was a collision or whether someone else’s car was damaged earlier. But, unfortunately, there are also unscrupulous drivers who want to get money from the “culprit”.
What the accused can do:
- Take photographs of the accident site, the location of the vehicles, and so on;
- If there are witnesses, write down their contacts;
- Conduct a vehicle technical examination that will prove that the accused is not involved in the accident;
- File a counterclaim for compensation for moral damage and for libel. This is especially true in cases where immediately after the incident there are no traces of an accident on the defendant’s car.
The culprit of the accident is a double car
Doubles are cars of the same make, model, color, and sometimes they even have identical license plates.
Of these doubles, only one is a legal car. Another car has the same number due to the fact that it could have been stolen or not registered at customs when imported into the Russian Federation. In this regard, scammers falsify license plates and documents, and then sell such cars to unsuspecting drivers.
Thus, the legal owner of the car can receive fines for violations that he did not commit. But what’s even worse is that he may be accused of committing an accident in which he was not involved.
As in other cases, the driver must request an examination.
Automotive technical examination as a means to prove the driver’s innocence
Sometimes the accused's car actually has some scratches or damage, which is the basis for the "injured" party to charge. In this case, if the “culprit” is completely sure that these scratches are not related to the case, he should demand an examination. You can read about how to do this in the article “”.
During the examination, the specialist will check both cars, find out the circumstances of the incident, after which they will make a decision.
You can read more about how the auto technical examination is carried out in this article.
Conclusion
Thus, no driver is safe from scammers, scratches on the car, which are actually not as harmless as they seem, or unpleasant coincidences. In some cases, it can be difficult to prove your innocence, and therefore it is recommended to enlist the support of a lawyer who will become an indisputable assistant in proving the innocence of the wrongfully accused driver.
Material publication date: 01/12/2019
Last update: 06/18/2019
We tell you what to do if you are unreasonably accused of an accident.
What is an accident from the point of view of the Road Traffic Rules?
So, what is the official definition of the term "traffic accident" in Russian law? We will find the answer to this question in Art. 1 of the Decree of the Government of the Russian Federation "On the Rules of the Road", which reads as follows:
“A traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.”
If we talk about the classification of road accidents, then today road traffic accidents in Russia are divided into the following types:
- Hitting a pedestrian;
- Hitting a cyclist;
- Collision with horse-drawn vehicles;
- Hitting an obstacle;
- Colliding with a stationary vehicle;
- Rollover;
- Passenger fall;
- Collision.
In addition, types of accidents can be divided according to the severity of the consequences of the accident:
- Road traffic accidents resulting in material damage;
- Road traffic accidents resulting in minor injuries (i.e., a short-term health disorder or a slight permanent loss of general ability to work);
- Road traffic accidents resulting in bodily injuries of moderate severity (damage during the accident caused a long-term health disorder or significant and permanent disability);
- Road traffic accidents resulting in serious bodily injury (if an accident caused loss of vision, speech, hearing or any organ or loss of its functions by an organ, termination of pregnancy or permanent disfigurement of the face);
- Fatal road traffic accidents.
The main responsibilities of a driver in an accident
What should a driver who witnessed, participated in or caused a traffic accident do? Art. 2 of the Decree of the Government of the Russian Federation "On the Rules of the Road" indicates that the driver involved in an accident is obliged:
- Stop the car immediately;
- Turn on the hazard warning lights;
- Put up a warning triangle.
If people were injured during an accident on the road, the driver is also required to:
- Provide first aid to victims (in emergency cases, organize the transfer of the victim to the nearest hospital);
- Call doctors and police to the scene;
- Record information from eyewitnesses to the incident (full name, addresses, contact numbers);
- Wait for the ambulance and police to arrive.
How should an accident be reported in 2019?
In accordance with the Order of the Ministry of Internal Affairs of Russia dated August 23, 2017 N 664, upon arrival at the scene of a road accident, police officers are required to:
- Interview participants, eyewitnesses and witnesses of the accident;
- Record basic information about the incident (time, type and circumstances of the accident, number of victims, data of witnesses, etc.);
- Take photos and videos of the situation at the accident site;
- Draw up a diagram of the place where the administrative offense was committed;
- Draw up a protocol for examining the scene of a traffic accident;
- Write a report (if necessary).
At the moment, the legislation of the Russian Federation provides for three types of liability for the perpetrators of an accident:
- Civil responsibility - if, as a result of a traffic accident, the victim suffered property or moral damage (Article 1064 of the Civil Code of the Russian Federation);
- Administrative responsibility - if the victim in an accident suffered minor bodily injuries or moderate injuries (Chapter 12 of the Code of Administrative Offenses of the Russian Federation);
- Criminal liability
- if a car accident caused serious bodily harm or resulted in the death of the victim (Article 264 of the Criminal Code of the Russian Federation).
What to do if a driver is accused of an accident that he did not commit?
Unfortunately, Russian drivers too often have to deal with extortion of bribes for both real and imagined traffic violations.
How to protect yourself from unfounded accusations in a road accident? In this case, you have the right to use all available means to protect yourself.
- First of all, you need to calm down and not panic - in accordance with Art. 49 of the Constitution of the Russian Federation, each accused of violating the law is considered innocent until his guilt is proven and established by a court verdict that has entered into legal force;
- You should not refuse to sign the protocol - in case of an unfavorable development of events, such a decision may serve as an indirect confirmation of your guilt;
- Before signing the protocol, be sure to fill out the “Explanations” column and state your vision of the situation (for example: “I didn’t violate traffic rules. No evidence of my guilt was presented. Please consider the case in the presence of a lawyer”);
- If there are witnesses to the accident in your car, be sure to indicate their details in the protocol (it should be remembered that any person who can confirm your position can act as witnesses - both random passengers and your relatives or friends);
- If you were not involved in an accident, be sure to ask for an examination. Independent experts will inspect your car and determine whether there was a collision and whether you were a participant in it.
Does it make sense to contact a car accident lawyer?
Should you seek the help of a lawyer if you are unreasonably accused of an accident? As practice shows, in such cases, a qualified auto lawyer can help:
- Appeal a decision in a traffic accident case;
- Appeal against actions or inactions of traffic police officers;
- Protect the interests of the driver during the preliminary investigation of the circumstances of the accident;
- Calculate the damage caused during a car accident;
- Conduct an independent technical examination of the car;
- Make a claim to the insurance company;
- Collect documents for going to court, etc.
In a crisis, scammers become more active, and the problem of “auto-setting” again becomes relevant for drivers. AiF talks about a fraudulent scheme, in which you can not only lose money, but also lose your rights.
Imagine: you drive up to a traffic police post, the inspector waves his baton.
A routine document check or some kind of raid against drunk drivers, you think. License, registration certificate, compulsory motor liability insurance - everything is in place; You don’t know any road traffic sins, so you stop with peace of mind. However, the inspector immediately takes you aback, declaring that the car is on the wanted list. How? Why? Due to leaving the scene of an accident, Article 12.27 of the Code of Administrative Offences. But you didn’t leave the scene of the accident, you didn’t get into an accident at all! The inspector shrugs, it’s none of his business. In the end, you write a receipt obliging you to appear at the accident investigation team, and you leave in confused feelings.
What is this - a mistake that is not worth a damn? Did someone mix up the numbers? Maybe. But it may also be that you are under the hood of scammers. They operate according to the following scheme: they buy broken parts for next to nothing at auto repair shops, install them on their car, and look for a victim with suitable damage. For example, if crooks have a broken rear bumper, they need to find a car with a dented front one, and so on.
After which they report to the traffic police that they were in an accident, and the culprit disappeared - and provide your registration plate information. In the analysis group, the imaginary victims, of course, “identify” you; the evidence presented looks strong enough that you may well be found guilty.
The goal of the car scammers, however, is not you personally, but your insurance company: it will allocate funds for “repairs”, which the scammers will divide and go looking for the next victim. But you will also lose money: purchasing the next MTPL policy will cost more due to insurance recourse. And, most importantly, you will lose your rights for a long time, and completely innocently.
Lawyer's comment: “First of all, you need to calm down and not panic: it depends on your composure whether you will remain with your license or become a pedestrian. For leaving the scene of an accident, Part 2 of Art. 12.27 of the Code of Administrative Offenses actually provides for the deprivation of the right to drive a vehicle for a period of one to one and a half years. Because of this, in pursuit of “detectability”, inspectors will be a priori set against the driver. Therefore, despite the presumption of innocence - when government bodies must prove a citizen’s involvement in an offense, it is better to thoroughly reject all the arguments of the traffic police.
It would seem that the most reasonable argument is a statement that there is no damage to the car. However, the traffic police immediately rebutted him: during the search, you repaired the defects. Then it is necessary to mention Art. 26.4 of the Code of Administrative Offenses and demand the appointment of a motor transport examination, asking the expert questions about the presence and duration of damage. However, in practice, the chances of such a request being granted are slim, since ordering an examination will greatly delay the proceedings and there is a possibility that the statute of limitations for prosecution will expire. I repeat that the traffic police are not interested in seeking justice; they are more interested in their own statistics.
If this does not work, file a petition in accordance with Art. 26.7 of the Code of Administrative Offenses on including in the administrative case, for example, an act of acceptance of a vehicle from a car service center, if you applied there after the date of the alleged accident. Detailed telephone connections can confirm your presence in another place; accordingly, you can safely talk about an alibi. Recording from a DVR will also not be superfluous. Bring with you witnesses to your presence at the time of the accident in another place. This is provided for in Art. 25.6 Code of Administrative Offences.
You can also appeal to the conscience of the inspector and ask him to “break through” the applicant through the database of administrative offenses, perhaps this way it will be possible to convict him of dishonesty. Having said all this, what I do not recommend doing under any circumstances is giving a bribe for a successful resolution of the situation - it is better to spend several months on bureaucratic procedures than to get a criminal record and become a criminal.”
Note that this is not the only fraudulent scheme that has become widespread recently.
Thus, the Leninsky District Court of Chelyabinsk is currently considering the case of an organized criminal group that specialized in auto frame-ups. The crooks' signature trick was a trick with an imaginary victim who ran out into the pedestrian crossing under the wheels of slow-moving vehicles. The fraudster introduced himself as an employee of the Investigative Committee, and his accomplices acted as witnesses to the accident. Intimidated motorists paid the crooks from 500 thousand to 1.5 million rubles. The gang's revenue for all episodes amounted to 2.8 million rubles.
1. They are accused of an accident that they did not commit.
1.1. Hello Mikhail!
Your question is so short and transparent, I will try to answer it as follows.
- If you have the right to drive vehicles of at least category “B” and you own a vehicle, then you simply could have been “framed”.
- if you do not have the right to drive a vehicle and the vehicle itself, then nothing threatens you.
But, seriously, you need to know specifically what you are accused of.
Mikhail, good luck to you! If necessary, please contact us! 8 951 901-57-15
2. I am accused of an accident that I did not commit.
2.1. Guest_6053470, the most important argument is the statement that there is no damage to the car. You can request the appointment of a motor transport examination by asking the expert questions about the presence and duration of damage.
2.2. Hello! Please describe this situation in more detail, under what circumstances? What evidence do they have?
3. Accused of leaving the scene of an accident.
3.1. We need to look at the documents from the traffic police. If you actually violated traffic rules and left the scene of an accident, then your driver's license may be revoked. If there was an accident.
3.2. Hello Dmitry. Yes, this happens often. Contact a lawyer in person.
Art. 12.27 Code of Administrative Offenses of the Russian Federation
Leaving by a driver, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant -
entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.
4. We got into an accident, the accused was drunk, the court did not deny him his rights and did not give him 30,000 rubles, why is that so?
4.1. Hello!
You must be given a reasoned court decision, which will set out why the court made this particular decision. If you do not agree with the decision, you can appeal it to a higher court.
5. They are accused of leaving the scene of an accident, but there was no accident.
5.1. This is an administrative offense. The car will be inspected. If there was no accident, indicate this everywhere.
5.2. “Road accident” is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused (according to the Traffic Regulations 2016), if there was no accident then they will not punish you, if there was one they must prove the fact of the accident, the fact that you were a participant in the accident and the fact that you fled
5.3. Insist that, under all the circumstances of the incident, you could not regard the situation as an accident (for example, the impact was so weak that you did not feel it).
6. My husband is accused of an accident in which he did not take part. What to do?
6.1. Make an appointment for an in-person consultation with a lawyer with all documents regarding the accident. Next, decide on the conclusion of an agreement for the provision of legal assistance.
6.2. Can you describe the situation more specifically - there is too little information
7. There was an accident with a cow and they blame us.
7.1. What's the question
8. My son was in an accident involving a pedestrian, the investigator does not consider the pedestrian’s fault at all (he was drunk, stepped onto the road in the wrong place, right in front of the car), only the son is accused of speeding, what should I do?
8.1. Good afternoon, the investigator is obliged to order an auto technical examination and raise the question with the expert about the technical possibility of preventing a collision with a pedestrian. If the investigator does not do this, you need to file such a petition and appeal his actions to the prosecutor's office. And it’s even better if a good lawyer defends your son.
8.2. In such criminal cases, a situational examination is required, to resolve which questions are raised about traffic violations by each party, as well as the cause-and-effect relationship of these violations with the accident, and the question is also raised about the technical ability of the driver to stop the Vehicle in the event of danger. The fact that the speed was exceeded, in principle, can be neutralized. If experts establish that even if the speed limit was observed, there was no technical possibility of stopping the car.
The investigator must familiarize your son with the decision to order an examination. Also, when ordering an examination, your son, as a suspect/accused, has the right to pose his own questions.
9. Some scammers call and accuse me of leaving the scene of an accident, all from the Moscow region, Istrinsky district, where I have no business. Some guy called on his cell phone, introduced himself as an inspector and demanded to appear for an oral examination; I asked to send an official notice. What are my next steps?
9.1. Don't do anything. Add the scammers' phone number to your blacklist.
10. Road accident I am the accused party, traffic police officers issued a fine of 1000 rubles, the victim does not agree and asked to cancel this fine and apply Article 12.24. The judge canceled the issued fine and traffic police officers are conducting an investigation. When should I receive a court decision?
10.1. Good afternoon
As far as I understand, this is still a case of an administrative offense.
A copy of the decision on a complaint against a resolution in a case of an administrative offense is handed over or sent to the individual within three days after its issuance.
You have 10 days from the date of receipt to appeal.
11. After being hit by a car, we agreed to resolve it amicably, the man paid 28 thousand rubles out of 50, on the 21st the court, and the accused himself says that I extort money from him, but the accident was filed with the traffic police, from the medical. I refused help, they didn’t write any papers, he transferred the money to the card himself, because we agreed that at the time of the accident he was drunk, he didn’t have any alcohol at all, that is, he didn’t receive it, what could be?
11.1. The culprit of the accident has the right to provide assistance to the victim. This will be taken into account when determining the punishment for violating traffic rules and the Code of Administrative Offenses of the Russian Federation.
12. In June of this year there was an accident involving my car, which was officially registered as a taxi! An accident occurred with an oncoming car, two people died in it! At the time of the accident, the driver in the oncoming car was intoxicated! They blame my taxi driver for driving into the oncoming lane; they file a claim against me for payment since I am a legal entity.
12.1. Hello, Natalia! The traffic police determines violations of traffic rules, and the guilt of drivers and their degree of culpability in an accident is determined by the court. You first need to discuss with an expert on the circumstances of the accident your chance of winning, namely, whether both drivers had the technical ability to prevent the accident. According to the general rules of Art. 1064 of the Civil Code, damage is compensated in full unless it proves that the damage was not caused by him. According to Art. 1068 of the Civil Code of the Russian Federation, damage caused by an employee of a legal entity is compensated by the legal entity
Sincerely, Dobyshev R.V.
Sometimes quite unpleasant situations occur related to mistakes or even direct slander of some ill-wishers. Consider a situation with a traffic accident, when a citizen was not involved in it, has no damage to the car and an alibi confirmed by the family, but there is evidence against him, on the basis of which the traffic police summons him for questioning. What actions does a citizen need to take for legal self-defense and is it worth bringing counter-accusations against false witnesses?
Procedure in case of false accusation of participation in an accident
Hiding from the scene means violating Article 12.27 Part 2 of the Code of Administrative Offenses of the Russian Federation, according to which the perpetrator faces two types of punishment:
- Deprivation of a driver's license for up to one and a half years;
- Detention for 15 days.
True, this is the case if the citizen really turned out to be an irresponsible malicious violator who decided to evade responsibility. Otherwise, nothing threatens him. After receiving a call from the police, you need to act calmly. Under no circumstances should you refuse to meet with the inspector. It is best to show a desire to cooperate, choose the most suitable time for a visit to the local traffic police department, and prepare the vehicle for inspection.
There is no need to argue with the inspector or witnesses. As evidence of innocence, a car without recent damage of the nature that corresponds to the compiled picture of the accident is provided. If such damage is found and the inspector orders an examination, you should wait for its results. The examination does not always give accurate results and may also produce an error.
It is impossible to challenge an expert’s decision without the participation of another professional with an authoritative opinion. If you are absolutely sure that you are right, then you need to contact an independent expert organization and order a study. In most cases, a thorough inspection will prove that certain damages are not related to the accident. In the absence of factual evidence, the testimony of witnesses will contradict the testimony of your family or other eyewitnesses, making it easy to defend your position in court.