Many people can not afford the purchase of a garage, so they are forced to leave their cars directly in the parking lot in the courtyard of the house. This leads to scratches, chips or other problems on different parts of the vehicle. Therefore, it is important to understand what to do if a car is scratched in the yard. This can be done as a result of an accident, as well as intentionally or accidentally by pedestrians.
Causes of Scratches
Various damages to a car in a parking lot near a house can occur for a variety of reasons. These include:
- another driver lost control of his car, so he hit a neighboring vehicle;
- accidentally wipers or children damage the car;
- specially ill-wishers scratch the wings or other parts of the car, which may interfere with them, or simply they have disagreements with the owner of this vehicle.
In each situation, different measures are taken. Therefore, it is important to know what to do if the car was scratched intentionally or on purpose in the yard. This takes into account whether the culprit escaped or not. Also, the result is affected by whether the owner of the auto intruder himself knows.
What if the culprit is known?
Most often, scratches appear due to the fault of other motorists who want to park their cars nearby. A neighbor scratched a car in the yard, what should I do? If the culprit is known, and also provided that he has not left the scene of an accident, the nuances are taken into account:
- traffic police officers are no longer involved in such minor incidents;
- both car owners must call the traffic police to report an accident;
- detailed photographs of all the damage to the vehicles are taken, and it is also advisable to photograph or film the scene of the accident;
- then a special form is filled in, presented by a notice of an accident, and only reliable data are indicated, verified by each driver;
- different information is entered into such a document, including the exact address of the accident, the date of the accident, and also indicates how many cars were damaged by the culprit;
- a notice with photographs is brought to the traffic police department, where other documents are further processed on the spot;
- an examination is conducted in the department to identify if the culprit is in a state of intoxication;
- in the last column of the notice there should be a note that the victim has suffered material damage;
- the victim receives documents on the basis of which he can receive a refund from the insurance company, and the perpetrator pays a fine.
If I scratched someone else's car in the yard, what should I do? The culprits should not leave the scene of the incident, since otherwise they may be involved by the traffic police on the fact of an administrative offense, so they will not only have to pay a fine and cover the damage, but they may lose their rights.
Is euro protocol allowed?
What should I do if my car is scratched in the yard and there are minor violations? If there is knowledge, car owners themselves can resort to the help of the European Protocol, so they do not have to contact the traffic police.
You can use this document subject to certain conditions, which include:
- no more than two cars should be involved in an accident;
- injured persons are not allowed;
- drivers must themselves agree on an incident;
- the amount of damage should not exceed 50 thousand rubles;
- both participants must have valid OSAGO policies;
- Each participant must agree to the drafting of the Euro Protocol.
If the accident occurs in Moscow or St. Petersburg, then there are slightly different conditions for the preparation of such a document. For this, the amount of damage should not exceed 400 thousand rubles, and a prerequisite is the availability of recordings from a DVR with a GPS sensor.
What to do after drafting the euro protocol?
When using the euro protocol, each accident participant must fill out their own part of this document. Then, with these papers, citizens must come to their insurance company within 5 days to present papers on road accidents to employees of firms.
Often there are situations when insurance companies refuse to pay compensation. This is due to the fact that the euro protocol was drawn up incorrectly. Therefore, citizens must really have the knowledge and skills to fill out this document.
What to do if the culprit left the scene of an accident?
The integrity of the car is often violated at night or at a time when no one has seen the intruder. What if the car was scratched in the yard, and the culprit escaped from the scene of an accident? In this situation, the following actions are performed:
- initially you need to make sure that it was during the accident that a scratch occurred, since pedestrians can leave it intentionally or accidentally;
- if there is confidence that the damage was caused by another machine, then you need to call the traffic police to call the traffic police;
- using any suitable device, photographs of all damage are taken;
- it is not allowed to move the car, even in a situation if the car was parked with traffic violations, as this would be equivalent to the fact that the victim left the scene of an accident;
- all parameters of the existing scratch are studied, for which its location and traces of paint of another car are taken into account, which will allow to identify the culprit of the accident;
- it is recommended that you carefully check the existing parking lot to find other cars that have DVRs turned on, since if you have the appropriate video, it will not be difficult to find the culprit and bring him to justice;
- buildings should also be explored, as surveillance cameras can often be located even above house entrances;
- after traffic police officers arrive at the scene, they must be given the opportunity to examine the parking lot;
- based on the data received, a protocol will be drawn up;
- It is advisable for the owner of the car to visit all known car services to find out if a car with specific injuries came for repair, as this often makes it possible to find the culprit.
Many people rearrange the damaged car, because it is parked in the wrong place, but most often when analyzing the accident, the traffic police understand that the car was parked in another place, which leads to a refusal to draw up the protocol.
Quite rarely, traffic police find infringers in this situation, so it is advisable for car owners to take steps to search.
Responsibility for leaving the scene of the accident
You scratched the car in the yard, what should I do? It is impossible in this situation to leave the scene, as this is an administrative offense.
In paragraph 27 of Art. 12 of the Administrative Code contains permissible punishments for such citizens, and for this different methods of punishment, represented by deprivation of rights for a period of 1 to 1.5 years, can be used, and administrative arrest for up to 15 days can also be applied.
The limitation period for such an offense is 3 months.
Is there an insured event?
A scratch or chips obtained in the yard as a result of an accident are represented as causing damage to the machine. Therefore, drivers are interested in the possibility of contacting an insurance company for compensation.
The size and possibility of processing it depends on the type of insurance policy available, as well as on the details of the accident.
Actions in the presence of CASCO
This slightly simplifies the process of obtaining compensation. So, they scratched the car in the yard, what should I do? CASCO allows you to receive compensation in this situation, but some features are taken into account:
- whether damage was caused by a person or a car;
- if the scratch is the result of an accident, then you should immediately call the insurance company to find out if you need to get a certificate from the traffic police;
- if the company's employees require this document, it will be necessary to call the traffic police and wait for the traffic police to draw up a protocol and write out a certificate for the insurance company;
- with these documents you must contact the insurance company to obtain compensation;
- funds are usually transferred within 30 days if the culprit is known;
- if you can’t find the driver of the car that caused the damage, you must wait until the case is closed;
- a document is taken from the police confirming that the culprit was not found;
- with this certificate you need to go to the insurance company to get compensation in the form of a car repair or allocation of a certain amount of funds.
If you scratched the car in the yard, what to do in this case? To do this, it is advisable to wait for the owner of the damaged car to resolve the issue peacefully. In this case, the car owner will not be held liable for leaving the accident scene.
Is compensation paid in compulsory motor third-party liability insurance?
MTPL is compulsory insurance purchased by each car owner. Scratched a car in the yard? What to do? CTP does not protect against all damage.
It is almost impossible to obtain compensation for compulsory motor third-party liability insurance in such a situation. Especially if the scratch was not formed as a result of an accident. If the culprit is another car owner who has lost control, then compensation is paid only when it is established and discovered.
Atypical situations
There are also unusual cases in which a scratch appears due to the fault not of car owners, but of other persons. In this case, the actions of the owner of the car can vary significantly. Consider this point in more detail.
Janitor scratched a car in the yard: what to do?
In this case, there are two options. Initially, you can solve the problem peacefully. Often wipers realize their responsibility, so they pay compensation for a scratch. If they do not want to resolve the issue peacefully, they will have to call the police. In this case, a protocol is drawn up which indicates the offender and the damage to the vehicle.
If you have a CTP policy, not CASCO, you will have to go to court so that the janitor himself compensates for the damage with his personal funds. At the same time, he will have to pay an additional lawyer and legal costs.
Scratched the car in the yard with a key: what to do?
In such a situation, there is no accident, so the culprit is a private person who does not in any case have an insurance policy. If he is known, then you need to contact the police to file an administrative case. Did you get your car scratched with a nail in the yard? What to do if the culprit is unknown? In this case, you need to call the police to initiate proceedings.
The culprits will be searched within 30 days, but this is usually a futile process. Reimbursement under such circumstances is possible only if there is a CASCO policy.
The child did damage
Compensation will have to be claimed from the child's parents. Often they agree with the payment of money. A child scratched a car in the yard. What to do if parents refuse to provide compensation? In such a situation, you will have to contact the police.
Law enforcement officers draw up a protocol on the basis of which parents will be forced to pay the required amount to the owner of the car.To do this, one often has to act in court.
Also, often car owners notice violations not immediately, but after a few days. In this case, you can call the traffic police to complete the case, and you can honestly admit that it is not known when the scratch was made.
Thus, many car owners are forced to face serious scratches caused by other cars and even pedestrians or children. In any case, you need to know how to proceed in order to receive compensation. Efficiency of receiving money depends on whether the culprit is known or not. It also takes into account the policy of compulsory motor liability insurance or hull insurance issued for the car.