The situation when a car is towed to a parking lot after a serious traffic accident always causes stress for the owner. The issue of time is especially acute if there are people injured in the accident, since in this case not only the administrative, but also the criminal or civil code comes into play. The driver needs to clearly understand his rights and obligations in order to minimize financial losses and legal risks.
Unlike standard traffic violations, where the car can be returned almost immediately after registration of the protocol, Road accident with victims transfers the vehicle to the status of physical evidence. This radically changes the algorithm of actions and significantly lengthens the time frame for returning the car. You will have to interact not only with the traffic police, but also with investigative authorities, as well as the operator of a specialized parking lot.
The main difficulty is that the period of storage of a car in an impound lot often begins to tick from the moment of actual evacuation, while legal permission to return can be obtained much later. In this material we will analyze in detail what the deadlines depend on, what documents will be required and how to act if the investigator prohibits the release of the car.
Status of the car as evidence
A key factor in determining when you will be able to gain access to your vehicle is the vehicle's legal status. If there are victims, especially those with serious harm to health or death, a criminal case is initiated under the relevant article of the Criminal Code of the Russian Federation. In this case, the car is seized by the investigator to conduct a detailed investigation. forensic technical examination.
While the car is listed as evidence, any manipulations with it, including returning it to the owner, are possible only with the written permission of the investigator or interrogator. A police officer at the scene of an accident does not have the authority to make a decision on the release of a car if there is reason to believe that the technical condition of the vehicle played a role in the accident. The examination can last from several weeks to several months, and all this time the car will be in a guarded parking lot.
⚠️ Attention: If the investigator makes a decision to seize the car, you will not be able to pick it up, even if you have all the documents from the traffic police in hand and pay for towing services. What is required is permission from the person conducting the case.
In cases where the victims received minor injuries and no criminal case is initiated, the procedure is simplified. Then the car is considered within the framework of administrative proceedings. However, even here the traffic police inspector may decide to detention of a vehicle until the reasons for the detention are eliminated, if, for example, a technical condition check is required.
What does an expert check in a seized car?
An expert technician conducts a thorough inspection of components and assemblies that could affect control: brake system, steering, lighting devices, serviceability of glass. The presence of traces of alcohol or drugs in the cabin and the condition of the safety systems (airbags, belts) are also checked. The results are entered into a conclusion, which can become the basis for charges or, conversely, evidence of the driver’s innocence.
Storage periods and start of charging
One of the most painful issues for owners is financial. The cost of storage at a designated lot can be high, and every day of delay increases the bill. It is important to understand from what moment the countdown begins. According to the law, the storage period and, accordingly, the fee for it begin to be calculated from the moment the car is actually placed in the impound lot, and not from the moment you receive permission to return it.
There is an important nuance regarding the first day. In many regions there are tariffs where the first day or part of the day may not be paid, or the tariff is hourly on the first day, and then daily. However, you should not rely on this, since the rules are regulated by regional regulations. If the car is seized by an investigator, the storage period may extend indefinitely.
- 🕒 The starting point is the time recorded in the acceptance certificate of the car in the parking lot.
- 💰 Payment is made for the full period of stay, even if the car was stationary due to the investigator’s ban.
- 📄 Receipts and receipts must be retained for possible compensation in the future.
If the examination is completed before you have received the documents, try to speed up the process of obtaining permission. Sometimes investigators are in no hurry to hand over a car if it does not interfere with the progress of the investigation, but is formally listed as evidence. In such cases, your lawyer may file a motion to return of the vehicle to the owner, arguing that the necessary research has already been carried out.
Procedure for obtaining permission from the investigator
Obtaining authorization to return a vehicle is a bureaucratic process that requires patience and attention to detail. The first step is to establish contact with the official in charge of the case. This may be an investigator from the Investigative Committee of the Russian Federation (in case of serious consequences) or a traffic police investigator (in case of minor injuries). You must submit a written request to return the vehicle.
The petition should indicate that there is no longer any need to keep the car in the impound lot: the examination has been carried out, the inspection has been completed, and photographic recording has been completed. It is advisable to attach to the document a copy of the accident scene inspection report and any available expert opinions confirming that the car is no longer needed for the investigation.
⚠️ Attention: The investigator’s verbal promise to “look into it” has no legal force. Request a written decision to authorize the release of the vehicle or a reasoned refusal indicating the reasons.
After receiving a positive decision, the investigator issues a certificate of permission or makes an appropriate note in the protocol. This document is the basis for the impound lot operator to release the car to you. Without this “piece of paper,” the parking lot employees will most likely refuse to issue it, since they bear financial responsibility for the safety of material evidence.
Required package of documents for issuance
When the legal issues with the investigation are resolved, the stage of interaction with the operator of the impound lot begins. To receive a car you will need to collect a complete package of documents. The absence of even one certificate can become a legal basis for refusal to issue it, which will lead to an additional day of payment for storage.
The main document is your identity card (passport). If you do not own the car, you will need a notarized power of attorney with the right to represent the interests of the owner and receive the vehicle. Documents confirming ownership of the car (STS, PTS or purchase and sale agreement) are also required.
You must have written permission to release the vehicle from the traffic police or investigators. Often a copy of the report on the detention of the vehicle with a note indicating that the reason for the detention has been eliminated is required. In some regions, a copy of the resolution to initiate a case or, conversely, to terminate it regarding the detention of a vehicle may be required.
☑️ Documents for receiving a car
Don't forget to check if you have a valid MTPL policy. If your insurance expires while you are parked, you will have to take out a new policy before leaving the impound lot, otherwise you may be stopped by traffic police when leaving, which will create new problems.
Payment for evacuation and storage services
The financial side of the issue often becomes a stumbling block. Towing and storage services are paid for by the owner of the car or the person driving it at the time of detention. Payment is usually made before the car is released. The amount depends on the vehicle category, engine power and storage duration.
The legislation provides for the possibility of a refund if it is proven that the evacuation was carried out illegally. For example, if at the scene of an accident there was no sign “A tow truck is working” or there were violations in the procedure for drawing up a protocol. However, in the case of an accident with victims, evacuation is almost always legal, since it requires clearing the roadway and preserving material evidence.
| Vehicle category | Cost of evacuation (approximate) | Storage cost (day) | Payment term |
|---|---|---|---|
| Category A, B (up to 80 hp) | 3,000 - 5,000 rub. | 500 - 1,000 rub. | Before issuing the vehicle |
| Category B (80-250 hp) | 5,000 - 7,000 rub. | 1,000 - 1,500 rub. | Before issuing the vehicle |
| Category B (> 250 hp) | 7,000 - 10,000 rub. | 1,500 - 2,000 rub. | Before issuing the vehicle |
| Category D, E (trucks) | 15,000 - 30,000 rub. | 2,500 - 4,000 rub. | Before issuing the vehicle |
It is important to note that tariffs are set by regional authorities and may differ significantly in Moscow, St. Petersburg and other constituent entities of the Russian Federation. Accurate information about the cost should be found directly at the impound lot or on the official website of the local department of transport.
When paying for impound lot services, always ask for a cash receipt or strictly accountable receipt. The document must indicate the name of the service, payment period and recipient details. This is the only way to prove the fact of payment in case of disputes or the need to reimburse expenses through court.
Features of vehicle inspection upon receipt
Before signing the acceptance certificate and leaving the impound lot, it is necessary to conduct a thorough inspection of the vehicle. The vehicle could have been damaged during evacuation or storage. If you sign the report without any comments, it will be almost impossible to prove later that the scratches or dents did not appear during the accident.
Inspect the vehicle in good lighting. Check the body for new chips, scratches, and dents. Pay attention to the integrity of the glass, mirrors, and headlights. Look into the cabin: check if your personal belongings are in place, if the upholstery is damaged, and if the door locks work. Any discrepancy must be recorded in the act.
If you discover new damage, request that an entry be made in the transfer and acceptance certificate. Indicate the nature of the damage and, if possible, the suspected cause. If the parking lot operator refuses to make changes, do not sign the report or write next to the signature: “The report was signed with comments, no damage was recorded.” It is also recommended to take photographs and video recording of the condition of the vehicle upon receipt.
⚠️ Attention: The absence of marks in the damage report is equivalent to confirmation of their absence or agreement with the current condition of the car. Read each paragraph carefully before signing.
The car must be picked up from the impound lot only after a thorough visual inspection and recording of all new damages in the acceptance certificate, otherwise it will be impossible to recover damages from the parking lot operator.
Frequently asked questions (FAQ)
Is it possible to pick up a car before the end of the investigation if it is needed for work?
Theoretically, it is possible, but only if the investigator gives written permission. To do this, you need to submit a reasoned petition, explaining that the car is the only source of income, and assure that you will not hide and will provide the car upon request. In practice, investigators are reluctant to do this, fearing the loss of material evidence.
What to do if the car at the impound lot is discharged or will not start?
The impound lot employees are not required to provide services for starting the engine (“lighting up”). You will have to solve this issue yourself: call a tow truck for disabled vehicles, ask for help from other drivers on the territory (if permitted by parking rules) or have a starting device with you. Make sure you have a charged battery or starting materials in advance.
Who pays for the parking lot if the driver dies in an accident?
The responsibility to pay for storage and evacuation passes to the heirs of the deceased. However, they may refuse to accept the inheritance, in which case the costs will fall on the cost of the car itself when it is sold. If the heirs take over the rights, they are obliged to repay the debt before issuing the vehicle.
Is it possible to pick up the car if I don’t have the STS with me, just a copy?
The original STS (Vehicle Registration Certificate) is a mandatory document for issuing a car. Copies, even certified ones, may not be accepted. If the original is lost or is in a locked car, you must first obtain a duplicate from the traffic police or provide access to the documents inside the car in the presence of employees.
How long can a car examination take after an accident?
The period for conducting a technical examination is not strictly regulated by law and depends on the workload of the expert institution and the complexity of the case. This usually takes from 10 days to 2 months. In particularly difficult cases with many victims and complex mechanical damage, the period can be extended by the investigator, but the total duration of detention (or the car under arrest) also has its own procedural framework, which is controlled by the court.