For most residents of the capital car has become not a luxury, but first of all mean of transportation, that’s why more and more cars appear on the streets. Due to the increasing number of cars and low culture of drivers on the road there are hundreds of traffic accidents every day. For example in Kyiv, there is one accident in which human health is damaged and about five accidents where suffered the car are damaged. When the driver gets into such a situation he is in shock and can not rationally assess the situation. So you need to know all the details of legal behavior in accidents and keep in mind a clear action algorithm.
Because in the future in case of conflict and joining lawyer to the cause compliance of our recommended conduct will provide the driver a good perspective of judicial protection.
First you need to understand whether the presence of traffic police workers required on place of accident. Usually people think that the essential “attribute” of accident is traffic police. But, as stated in paragraph 2.11 of the Traffic Rules, if in result of the accident there are no victims or material damage to third parties, and vehicles can move safely, drivers (if mutual agreement in assessing the circumstances committed) can arrive at the nearest office or the State agency or police department to design appropriate materials, pre-passing scheme of accident and putting signatures on it. The alternative may be calling an emergency commissioner: as a representative of a particular insurance company or independent one (according to the resolution of CMU “About approval of the accounting of traffic accidents” N538, it is allowed to design the materials of accident by insurance company representative without traffic police employee, on whose territory the event occurred, accounting for the issuance of an accident and subsequent accounting). But in practice two drivers (especially when they are more) do not reach agreement on details, the circumstances, order of things. It is actually necessary to acknowledge and agree to commit the signature about the guilt of one of the participants. If such consent is established in most cases the drivers decide material claims “on the road” and not go to police.
In the event of an accident the driver has certain obligations which laid down in the Traffic Rules. In particular, immediately stop the vehicle and remain at the scene of accident, turn on the alarm system and install an emergency stop sign, do not move the vehicle and objects that have involvement in the accident; take the necessary measures to provide first aid to victims, call the ambulance care, and if it is impossible, seek help from the audience and send the victims to the hospital and if it is impossible, take the victim to the nearest hospital on your vehicle, pre-fixing arrangement traces of the accident and the position of a vehicle after it stops; in the hospital to report your name and license plate of the vehicle (showing driver’s license or other document identification, registration document for the vehicle) and return to the scene; report about the accident to authority or police unit, write names and addresses of witnesses, expect arrival of police; take all possible steps to preserve traces of adventure, their fences and organize detour of the scene; before the medical examination do not take alcohol, drugs and medicinal preparations on their basis (except those that are approved of the kit) without the appointment of medical workers.
In the case when you call traffic police, when they arrived on the scene, they must take steps to fence the scene by required number of temporary technical means of regulating traffic and the simultaneous give first aid to victims and bring them to medical institution. If the victims were sent to the hospital before the arrival of workers, they must collect information about victims, in which medical facilities and by whom they had been sent, determine the type, brand, color and registration number plates of vehicles on which victims had been sent before their arrival. Then, in the presence of two witnesses they fix the place, time, type, circumstances and consequences of accidents, set vehicles, drivers, passengers and other persons involved in the accident, its witnesses, interrogate them about the circumstances of the accident and record the constituent data, provide protection of the scene and take measures to preserve traces, physical evidence and take action to renovate movement passing scene or arrange it in a safe detour route.
Then, the protocol on administrative violation is drawn up. The following are attached:
A scheme of the accident, signed by persons who participated in the review, and the traffic police employee;
A explanation of participants and witnesses of the accident (if they are);
A evidence of technical devices, photo and video equipment;
Other materials which are needed to make a decision in the case.
Scheme of the accident and explanation of the participants are primary evidence that will play a crucial role in further protection of your rights. Please note that these initial data will be used in case of appointment of expertise in the case. That’s why it is important to note each important fact including availability at the time of maneuver obstacles (other cars, well, pedestrians …), weather and road condition, slope and deviation of the road and the availability (quality) of road marking.
If you are innocent and the accident happened on the road next to the objects of infrastructure, we recommend you to inspect carefully the relevant building. If there are supermarket, bank, etc., they should have surveillance cameras. In this case, tell the police, demand to get the video of event that can become the undisputed evidence in your favor. In addition, if the accident happened in Kiev, it is likely that its circumstances have fixed by cameras placed by individuals for surveillance of road congestion. For example, the site www.videoprobki.ua broadcast and stored video from almost 100 web cameras placed around the city.
If you are innocent in an accident, you should care about presence of witnesses as they may play an important role in the case of administrative violation. And the right to testify is entitled to any individual who has information about the incident and police officials have no right to refuse to record of such person as a witness. We necessarily advise you to demand from employees of traffic police take away an explanation of the witnesses whom you have established at the scene on a separate form and attach them to the case materials. In addition, you should record their name, address, phone numbers independently, because later it may be necessary to call them in court. Also it is worth to get a copy of scheme and pictures from the accident scene (it is necessarily to do photographs of the scene yourself), which are provided to participants of accident for their written application in division of traffic police, workers of which drawn up an accident. As most cars are insured, drivers also need to get reference about an accident to provide to the insurance company.
If a violation is occurred, where charges may be reprimanded in the form of deprivation of the right to drive vehicles, police officer has the right to remove temporarily the driver’s license before the entry into force of the resolution in the case of administrative violation. In this case, he issues a temporary permit for the right to drive vehicles for a period of three months. This permit allows the driver to drive vehicles and does not place no restrictions.
If the car is damaged so that its continued use is dangerous on the road, police officer may make temporary detention of the car. The vehicle may be temporarily detained for up to resolve the administrative case, but no more than three days from the date of such detention. In this case the car is delivered to a special playground or park. After three days of temporary detention of the vehicle, you are entitled to appeal to the traffic police with the request to return the car. It should be noted that the submission of such application is required for its implementation regardless of the stage of decision of the administrative case. Today in Kyiv the special areas are overflowing, so in practice, owners of cars (or rather their remains) using tow take them off the street themselves.
Separately we need to stay on what it should be noted in the protocol about administrative violation. In the written explanations clearly and briefly put adventure circumstances. Describe the traffic conditions – speed, range, maneuver, color of traffic lights etc. if you are guilty specify any extenuating circumstances: the lack of markings, bad roads, limited visibility, broken traffic light, the presence of another vehicle or pedestrian that has forced you to maneuver.
Pit, gravel, no markings on the road often causes accidents, but the inspector is not like to point them in the scheme of an accident. If nothing else is specified in the scheme and an accident protocol, then the road surface was excellent, marking was in place and cause of the accident served only driver’s steps on the road. So if you see that in the scheme of accident “miraculously thumb all gravel pits and evaporated”, it is necessary to indicate the true state of the road in the column “road surface”. It is necessary to repeat that scene photos and photos of pavement are important evidence.
Look at the scheme drawn up by traffic police, and protocol of review of the accident scene carefully. If you have concerns, ask for making your corrections. If employees of traffic police refuse to make such clarification – put your point of view in the explanations to the protocol. After making sure in the correctness of paperwork and filling accuracy counts “witnesses of accident” – put your signature. The protocol is crucial, because primarily the court will be guided by it in deciding the case. Protocol about administrative violation does not allow corrections and retouches, and for such actions employees of traffic police have a strict disciplinary responsibility, and in some cases criminal responsibility.
We strongly recommend you not to refuse from medical examination. In fact, the rejection of this procedure is equivalent to driving being intoxicated. If the inspector says about sobriety control, you should insist that this procedure will be gone through by the other participants of the accident.
As for compensation, it should be noted that it is necessary to establish and record the details of insurance policies and companies of all participants of accident. Law of Ukraine “About mandatory insurance of civil liability of owners of vehicles” from 01.07.2004 № 1961-IV establishes the procedure and mechanism for compensation of damages for policyholders in case of their guilt before other parties. Among the aspects that you need to know as “innocent” party of accident, who relies on the payment of insurance with the help of others “compulsory” are:
Limit of liability – for damages caused to property 50,000 hrn., for damages caused to life and health 100,000 hrn.
Three days deadline for mandatory notification by the insurer or other party of an accident about the accident to the insurance company.
Cases when the damage is not recoverable:
To insured vehicle, whose driver is guilty in the accident;
Damage to property, which was in the insured vehicle, whose driver is guilty in the accident;
Damage which is caused by using the insured vehicle during a training trip or in participation in official competitions;
Damage which is directly or indirectly caused or contributed to ionizing radiation;
Damage which is associated with loss of trade appearance of the vehicle;
Damage which is caused by injury or destruction of antique items due to the accident, articles of precious metals;
Damage which is a result of an accident if it occurred as a result of civil unrest and group violations of public order, military conflicts, terrorist attacks, natural disasters, explosions of ammunition, fire of the vehicle, not related to this adventure.
In the case of an insurance contract (Casco) all depends on the specific conditions of the contract. Therefore, we recommend you to pre-read the terms of contract regarding the grounds for denial of insurance reimbursement and procedures for notification about the accident.
There are situations when the vehicle of guilty person is not insured at all and guilty driver does not want to recover damages and the amount of loss is negligible. Then you should contact the organization such as the Motor (Transport) Insurance Bureau of Ukraine. This bureau reimburses damage in case it is caused by a vehicle whose owner has not insured his civil liability. But it reimburses damage within the limit according to the Law of Ukraine № 1961-IV.
We hope that following all the above tips, you can effectively protect your rights and interests in such unpleasant situations as accident. But in cases of a serious car damage or injury, do not waste the time of entry qualified lawyer into the case. In such cases the lawyer must be called on the spot!