A collision between cars in a parking lot is a stressful situation that often unsettles even experienced drivers. It seems that in parking lots the speed is minimal and the consequences are insignificant, but legally this is a full-fledged traffic accident. Many car owners mistakenly believe that since there are no road markings and signs, then the rules apply differently, but the law is the same for all areas where vehicle traffic is possible.
The main difficulty of such incidents lies not so much in the mechanics of the strike, but in the bureaucratic procedures and determination of the culprit. Questions come to the fore: is it necessary to call the traffic police, is it possible to get by with the European protocol and is there a threat administrative fine for the fact of the accident. Liability can range from simple damages to loss of rights if one of the participants decides to leave the event.
In this article, we will analyze in detail the algorithm of actions in the event of a collision in a parking lot, analyze the size of possible sanctions and find out how to minimize financial losses. Understanding the subtleties Traffic rules and the Code of Administrative Offenses of the Russian Federation will help you act confidently and avoid fatal mistakes in the first minutes after the strike.
Is parking expensive by law?
First, it is necessary to clearly define the legal status of the territory where the event occurred. According to the definition in the traffic rules, road is a developed or adapted strip of land intended for vehicle traffic. Parking lots of shopping centers, residential complexes and office buildings, as a rule, have a hard surface and are intended for the passage of cars, which automatically equates them to roads in the context of the rules.
However, there are nuances. If the parking lot is located in a closed private area, where access to outsiders is limited by a barrier or security, and it is not intended for through passage, then formally it can be considered not a road, but adjacent territory. In this case, traffic police officers may refuse to issue a certificate, citing a lack of jurisdiction, and advise you to contact the police to record damage to property.
However, in practice, most parking lots near supermarkets or apartment buildings are recognized as roads. This means that all rules regarding maneuvering, priority and stopping are fully applicable here. Ignoring this fact often leads to incorrect paperwork and problems with insurance companies.
⚠️ Attention: Even if the parking lot is fenced and located in the yard, the action section 17 of the traffic rules (driving in residential areas) does not change the general rules of maneuvering. Reversing without safety control is also prohibited here.
Who is to blame for an accident in a parking lot?
Determining the culprit in a parking lot often causes controversy, since there are no usual traffic lights and priority signs. The main rule is interference from the right: if the trajectories of two cars intersect, the one to whom the other is approaching from the right must yield. This is a basic principle that works 80% of the time in parking rows.
A separate category of disputes arises when reversing. According to traffic regulations, the reversing maneuver must be performed with extreme caution, and the driver backing up is almost always found guilty if he hits a standing or moving car. An exception may be situations when the second participant also violated the rules, for example, moving in the oncoming parking lane.
It is also important to consider the markup. If there are directional arrows posted in the parking lot, they must be followed. Driving against the direction of the arrows is equivalent to driving into the oncoming lane, which is a gross violation. In narrow passages between rows of parked cars, priority is given to the one who has already completed the maneuver or is unable to stop without creating an emergency situation.
Do I need to call the traffic police in a parking lot?
The issue of calling traffic police inspectors is acute, especially if time is running out. The law states that if there are no people injured in an accident, but only cars are damaged, and both drivers have valid insurance policies OSAGO, then you can do without the police. In this case, a European protocol is drawn up, which has the same legal force as a certificate from the inspector.
Calling the traffic police is mandatory in the following cases: there is disagreement between the participants regarding the circumstances of the accident; one of the drivers does not have documents or insurance; damage to city property (poles, fences, signs); one of the participants is intoxicated. The police are also needed if the damage to one of the cars exceeds the limit for the European protocol (usually 100 or 400 thousand rubles, depending on the availability of photographic documentation and the application).
If you call inspectors, it is necessary to record the position of the cars, brake marks and debris before they arrive. The wait for employees can take several hours, especially on weekends when the workload on duty units increases. Therefore, if the situation is obvious and the parties agree, the European protocol is the most rational solution.
☑️ Documents for the European protocol
The fine for an accident in a parking lot
Collision of vehicles in itself is not an offense for which a separate penalty is imposed. They are fined not for the fact of the impact, but for the violation of traffic rules that led to this impact. For example, if you did not give way, violated the requirements of signs or markings, you will be issued a fine under the relevant article of the Code of Administrative Offenses of the Russian Federation.
The most common fines for violations that cause parking accidents include:
- 🚗 Violation of the rules for placing a vehicle on the roadway, overtaking or maneuvering - a fine of 500 rubles (Part 1 of Article 12.14 of the Administrative Code).
- 🚙 Failure to comply with the requirements prescribed by road signs or markings - a fine of 500 rubles (Part 6 of Article 12.16 of the Administrative Code).
- 🚕 Driving in courtyards and residential areas in violation of the rules - a fine of 1,500 rubles (for Moscow and St. Petersburg - 3,000 rubles).
The situation changes dramatically if the driver flees the scene of the accident. In this case, Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation comes into force, which provides for punishment in the form of deprivation of rights for a period of 1 to 1.5 years or administrative arrest for up to 15 days. You won’t be able to get away with a fine here; this is one of the most serious violations of automobile legislation.
| Violation | Article of the Administrative Code | Punishment | Note |
|---|---|---|---|
| Did not give way (obstruction on the right) | 12.14 h. 3 | Fine 500 rub. | A common cause of disputes |
| Reversing | 12.14 h. 3 | Fine 500 rub. | If you create interference |
| Violation of markings/signs | 12.16 h. 6 | Fine 500 rub. | Arrows, one-sided |
| Hiding from the scene of an accident | 12.27 p.2 | Deprivation of rights 1-1.5 years | The alternative is arrest |
Registration of the European protocol: nuances
The Europrotocol is a simplified procedure for registering an accident without the participation of police. To use it, several conditions must be met: only two cars are involved in the accident, both drivers are sober, both have valid MTPL policies, there are no injuries, and the parties agree on the circumstances of the incident. In parking lots, this is the fastest way to solve the problem.
When filling out a notification of an accident (European protocol), it is critically important to draw the diagram correctly. In the parking lot, you must indicate the location: the name of the shopping center, the number of the parking space, nearby poles or shops. This will help insurers identify the location of the event and avoid refusing to pay due to unclear circumstances.
Don't forget to take photos. You need to take a general shot with reference to objects (signs, addresses), the position of the cars after the impact, a close-up of all damage, license plates of both cars and driver documents. Photos must be clear and dated (it is advisable to use the geolocation and time function in your smartphone).
Hiding from the scene of an accident in a parking lot
One of the stupidest but most common mistakes is to leave the parking lot immediately after touching, hoping that “no one saw” or “the scratch is minor.” If the owner of the damaged car writes down the license plate or there are cameras in the parking lot, they will find you. The consequences of such an act are not comparable to the amount of damage: instead of repairing the bumper, you risk being left without a license for a year and a half.
Even if you hit a parked car and its owner is not nearby, you cannot leave. You need to wait for the owner or leave a note with the contacts under the wiper, having previously photographed the damage and the note itself. Better yet, call the police and report the incident to record the fact that you are not hiding.
Judicial practice knows many cases where drivers drove away with micro-scratches and then received a summons to court. Courts, as a rule, do not accept arguments like “I didn’t notice the contact” or “I thought it wasn’t an accident” unless it is proven that the contact was truly invisible to a reasonable person. Leaving the scene of an accident - there is always a risk of losing your driver's license.
What to do if you get hit in a parking lot
If you find your car damaged in a parking lot, do not rush to get behind the wheel and drive away. Moving the car can be regarded as a distortion of the picture of the incident. First of all, look around: perhaps there is a car nearby with fresh damage or CCTV cameras are working.
Interview witnesses. People may have seen the moment of impact or noticed the driver driving away. Write down their contact information. If there are security guards or administration of the shopping center in the parking lot, immediately contact them to view the camera footage. Archive storage time may be limited, so you need to act quickly.
If the culprit is found and he is on the spot, file an accident according to the standard procedure. If the culprit has left, call the traffic police to record the fact of hiding. In this case, you will need a certificate from the inspectors to contact the insurance company for CASCO or to find the culprit. Without documents from the police, the insurance company may refuse to pay if the culprit hides.
Frequently asked questions (FAQ)
Do I need to file an accident report if the scratch is small and I agree to pay?
It is not necessary to formalize an accident if both parties are completely satisfied and have no complaints. However, in order to avoid situations where the victim later demands more money or reports to the police about hiding, it is better to take a receipt for no claims indicating the amount of compensation and passport data.
Who is to blame if a car is parked incorrectly and someone drives into it?
As a rule, the culprit of an accident is the one who was moving and did not keep a safe distance or did not notice the obstacle. However, improper parking of a second vehicle may be considered an obstruction, which sometimes allows for the sharing of responsibility, but does not always remove the blame from the driver.
Is it possible to drive away if I hit my own car?
If only one car was involved in an accident (you hit your own pole or side), then this is not considered an accident in the classical sense from the point of view of interaction between the participants. However, if property (pole, fence) is damaged, it is necessary to register the incident or compensate the property owner for damage, otherwise it may be classified as leaving the scene of the accident.
Does OSAGO apply to parking?
Yes, the MTPL policy is valid in any territories that are recognized as roads or intended for vehicle traffic, including parking lots of shopping centers, gas stations and courtyard driveways. The insurer is obliged to pay compensation if the event is considered insured.
What happens if I didn’t notice that I hit a car?
If it is proven that the contact was significant and the driver could physically feel it (a grinding sound, a blow, an alarm going off), the “did not notice” argument will not save you from liability for leaving the scene of an accident. The courts proceed from the fact that the driver is obliged to control the dimensions and sensations of driving the vehicle.