Criminal and administrative liability

What should you do after a traffic accident?

Huquqchi legal team

Stop the vehicle, switch on the hazard lights and put out a warning sign. Call an ambulance if anyone is hurt. Do not leave the scene: under article 137 of the Code on Administrative Liability that brings a fine, and a larger fine, loss of the licence or arrest after injury or large damage. Photograph everything.

The first minutes

1) Stop, switch on the hazard lights, put out a warning sign. 2) Help the injured people and call an ambulance. 3) Do not change the scene.

Do not leave the scene

Under article 137 of the Code on Administrative Liability, leaving the scene of an accident against the rules brings a fine of 15 times the BHM (base calculation amount). If the accident caused a light bodily injury or large material damage — a fine of 30 BHM, loss of the driving licence for three years, or administrative arrest for up to 15 days.

Under article 117 of the Criminal Code, leaving an injured person in danger without help, when you had the duty and the power to help, or when you yourself put that person in danger, is a crime if it leads to grave consequences.

What to record

The general view and the position of the vehicles; the damage; the road signs and the markings; the names and the telephone numbers of the witnesses; the documents of the other participant.

The documents

Get the document about the accident and check the data in it. You can attach your explanations and remarks to the record of the administrative offence (article 281). If you do not agree, write in your objections and only then sign.

Insurance

Under article 951 of part two of the Civil Code, tell the insurer at once when you learn that an insured event happened. If the contract sets a time limit or a method of notice, use that time limit and that method. Without the notice the insurer can refuse to pay the insurance compensation. There is an exception: if it is proved that the insurer learned about the event in time, or that the missing notice could not affect its duty to pay.

If the liability is insured on a compulsory basis, the injured person can claim compensation straight from the insurer, within the insured sum (article 918).

Who pays for the damage

Under article 999 of part two of the Civil Code, the owner of a vehicle must pay for the damage that the vehicle caused, unless he proves that the damage came from force majeure or from the intent of the injured person. Damage that a collision causes to the owners of the vehicles is paid according to fault: if one side is at fault — that side pays in full, if both are at fault — each pays in proportion to its fault, and if the degree of fault cannot be established — they pay in equal parts.

Legal sources

Legal basisCode on Administrative Liability, article 137 Legal basisCivil Code (part 2), article 999 Legal basisCivil Code (part 2), article 951

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.