The situation when you go out to your car and discover a fresh scratch or dent is always unpleasant, especially if the culprits are children playing in the yard. Unlike road accidents, there are no other drivers, and the responsibility falls on the shoulders of the minors' parents. Many car owners fall into a stupor, not knowing whether to call the traffic police or the police, and how to correctly record the damage in order to count on compensation.
The first thing to do is not to touch the car and do not try to drive away immediately. Any movement of the vehicle may be regarded as a change in the circumstances of the incident, which will complicate further proceedings. It is important to remain calm, since your first steps determine whether you will be able to receive payment under CASCO or recover money from the culprits.
Statistics show that a significant portion of minor body damage occurs in residential areas, where children ride bicycles, play ball or just run around. In order not to be left alone with the problem, you need to clearly understand the legal aspects and the algorithm of actions, which we will discuss in detail in this article.
Initial assessment of the situation and search for witnesses
Before calling services, conduct a thorough inspection of the scene. Your task is to find any clues that will help identify the culprit. If children are still around, try to talk to them calmly, but it is best to involve their parents or adults who may be responsible for the behavior of minors.
Inspect the perimeter for CCTV cameras. They can be installed in porches, stores, or even on neighbors' parked cars (for example, systems like BlackVue or Dashcam). Recordings from such devices are indisputable evidence in court and for the insurance company.
- 📹 Check the cameras on the canopies of entrances and facades of nearby stores.
- 👀 Interview neighbors walking their dogs or drivers who may have seen the damage.
- 📱 Pay attention to cars parked nearby with working recorders in parking mode.
Don't ignore the opportunity to find witnesses through local instant messenger chats. Often, residents of a home see more than meets the eye. If you find a witness, get their contact information immediately, as it will be difficult to find the person later.
⚠️ Attention: Under no circumstances enter into an aggressive conflict with the child’s parents or the children themselves. An emotional breakdown can lead to administrative liability for yourself.
Calling the competent authorities: traffic police or police?
Many car owners are wondering: who should file an accident in the yard? According to the rules, if the car was parked and did not participate in traffic, this is not considered a traffic accident in the classical sense. However, to receive compensation from the insurance company or recover damages, you need an official document.
If you are planning to contact your insurance company OSAGO, then calling the traffic police is mandatory only if there are victims or controversial issues. In situations with children, a certificate of an accident or a ruling on refusal to initiate a case is most often required, but indicating the circumstances. If the culprit is identified (for example, the child confessed), then the police report on property damage is more important for the court or the insurance company.
When calling the dispatch center, clearly formulate the essence: “Unknown people damaged a parked car.” The operator himself will determine who to send - a traffic police squad or a local police officer. In most cases, when the car is static, this is dealt with by the police, not the traffic police, since the incident occurred outside the road traffic.
Rules for recording damage
Before law enforcement officers arrive, you must independently record the current condition of the vehicle. This is a critically important stage, since after a few days the scratches may heal and your memory will fail. Use a smartphone with a good camera to create an evidence base.
Make general plans of the car with location reference so that it is clear where exactly it was parked. Then take close-up photos of each damage: scratches, dents, broken headlights. It is important that the photo shows the depth of the damage and the absence of old corrosion around it.
- 📸 Take a photo of the car from four sides, capturing house numbers and surrounding objects.
- 🔍 Take macro photos of the scratches in good lighting, perhaps using a flashlight.
- 📍 Record traces of paint or fabric from the clothes/shoes of the culprits if they remain on the body.
If there are traces of a child’s clothing or a bicycle on the body, do not wash them off until the experts arrive. These microparticles can become key evidence when carrying out traceological examination.
Use the "Geolocation" function on your phone's camera so that the date and coordinates of the shooting location are automatically added to the photo - this will strengthen the evidence base.
Registration of documents and European protocol
If the child’s parents admit their guilt and are ready to bear responsibility, a simplified registration is possible. However, in the case of minors, the European protocol (notification of an accident) is filled out only if the damage does not exceed 100 thousand rubles (or 400 thousand if photographed through the application), and both drivers have valid MTPL policies. The problem is that children do not have rights and insurance policies.
In a situation where the culprit is a pedestrian (child) and you are the driver, a European protocol is not issued, since the pedestrian does not have a policy OSAGO. In this case, a certificate of accident is drawn up by the traffic police or a police report, which indicates that the damage was caused by the actions of a third party. This document is necessary to apply to the insurance company for comprehensive insurance or to file a claim in court.
| Document type | Who issues | What is it for? | Issue date |
|---|---|---|---|
| Certificate of road accident (form 154) | traffic police | For insurance (OSAGO/CASCO) | Same day or later |
| Protocol on administrative offense | Police | For trial and recovery of damages | Depends on the investigation |
| Resolution to refuse to initiate a case | Police/traffic police | Confirmation of the fact of the incident | Up to 30 days |
| Europrotocol | To be completed by participants | Without calling the traffic police (rarely applicable) | Immediately |
Carefully check all data entered by employees into the protocols. An error in telephone number, address or description of damage may result in a denial of payment. If you do not agree with what is written down, ask for your corrections to be made before signing.
☑️ Checking documents before signing
Recovery of damages from parents
According to the Civil Code of the Russian Federation, their parents or guardians are responsible for harm caused by minors under 14 years of age. If the child is between 14 and 18 years old, he is responsible himself, but if he does not have funds or property, the parents pay again. This is the fundamental principle on which your compensation claim is based.
The first step after receiving all the documents from the police or traffic police is to file a pre-trial claim. In it you indicate the amount of damage (based on receipts from the service or an independent examination) and demand voluntary payment. Copies of protocols and photographs of damage are attached to the claim.
If parents refuse to pay, they will have to go to court. To do this, you will need the opinion of an independent expert who will estimate the cost of restoration repairs. Judicial practice shows that if there is evidence of the child’s guilt (video, witnesses, protocol), the courts side with the car owners.
⚠️ Attention: Repairing your car yourself before an independent examination may deprive you of the opportunity to prove the real amount of damage in court.
What to do if parents are in hiding?
If the child’s parents ignore the claims and hide, submit the case materials to the court. A judicial request will make it possible to officially establish their place of work and income, as well as to seize property for future compensation.
Insurance payments: CASCO and OSAGO
The insurance situation has its own nuances. According to the policy OSAGO payment is made only if the culprit has this policy. Since children cannot have it, it is not possible to contact the child’s insurers directly. However, if you hit a child, your MTPL would apply, but here you are the injured party.
If you have registered CASCO, then the situation is solved much easier. You contact your insurance company, provide a package of documents (certificate from the police/traffic police, keys, car documents). The insurance company pays you money or sends you for repairs, and then deals with subrogation itself - it recovers the amount spent from the child’s parents in a recourse procedure.
In the absence of CASCO and the impossibility of reaching an agreement with your parents, you can try to use the direct compensation mechanism if you can find the insured culprit (which is unlikely) or if it is proven that the incident falls under the specific terms of your contract. In most cases, if there is only compulsory motor liability insurance, collection goes through the court from individuals.
Having a CASCO policy that covers damage from unknown persons or hooligan acts is the fastest way to solve the problem without courts and nerves.
Frequently asked questions (FAQ)
Is it possible to leave the place if the children have run away?
You can leave only after the damage has been completely recorded and, preferably, after notifying the police. If you leave without registration, and it later turns out that serious harm was caused or there are other circumstances, you may be charged with leaving the scene of an accident, although in the case of parking this is interpreted more leniently, but the risk exists.
What to do if a child's parents make threats?
Don't get into a fight. Turn on the voice recorder on your phone, move away to a safe distance and immediately call the police and report the threats. Any pressure must be recorded as this may become a separate offence.
How much time is given to find the culprits?
The statute of limitations for administrative cases is usually 2-3 months, but a civil claim for damages can be filed within 3 years. However, it is better to look for witnesses and camera footage in the first hours and days, before the information has cooled down.
Is it necessary to do an independent examination?
It is mandatory for the court if you do not agree with the amount of repairs offered by the insurance company or the culprit. For CASCO insurance, their own appraiser is often sufficient, but if the amount is large, it is better to have an independent opinion.
Is it possible to claim compensation for moral damage?
Yes, when filing a claim in court, you have the right to demand compensation for moral damage, but the courts do not always satisfy such demands and the amounts are usually small. The main attention should be paid to the actual cost of repairs.