The situation when you go out to your parked car and find a fresh dent or scratch on it always causes shock and confusion. Statistics show that a significant portion of minor accidents occur in the parking lots of shopping centers and in the courtyards of residential buildings. At this moment, it is extremely important not to give in to emotions and strictly follow the algorithm that will help record the damage and find the culprit.
The first thing to do is to record the current state of affairs. Do not rush to get behind the wheel and drive away, even if you are late, because if you leave the scene of the accident, you risk losing your right to receive insurance compensation. Correct fixation circumstances in the first minutes can become a decisive argument in a dispute with the insurance company or in court.
Further actions will depend on whether the culprit is on the spot or has fled. In any case, your task is to collect the maximum amount of evidence. Below we will analyze in detail each stage of the procedure, including working with surveillance cameras and completing documents according to the new rules.
Initial examination and search for witnesses
Before calling the police or insurance company, you should conduct a thorough inspection of the vehicle. Often, drivers find only one dent, overlooking small chips or scratches on the bumper, which are also subject to compensation. Carefully walk around the car, paying attention to traces of paint another vehicle that may have remained in contact.
Look around the parking space. There may be cars nearby with working DVRs in parking mode. If you notice such cars, try to find their owners. They can provide valuable video footage of the moment of impact. It is also worth interviewing passers-by or employees of nearby stores who may have seen the incident.
- 📸 Take panoramic photos of the car from four sides so that you can see its position relative to markings and other objects.
- 📸 Take a close-up photograph of all the damage, trying to capture the license plates of the cars (yours and the neighbor’s, if there is one) in the frame.
- 📸 Record brake marks, glass or plastic shards scattered on the asphalt.
⚠️ Attention! Do not touch the body parts of another car if it is parked nearby and has damage. Your fingerprints could be used against you if the owner decides to blame you for the hit.
If you find a vehicle that may have hit your car, do not try to check the compatibility of the damage yourself by applying parts. This may be regarded as interference in the situation. Better just take a photo of the numbers and model potential culprit for further verification.
Finding the culprit: cameras and witnesses
The most difficult situation arises when the culprit has disappeared. In this case, CCTV cameras become the main search tool. Security systems are installed in the parking lots of shopping centers, office buildings, and in many courtyards. Your task is to promptly contact the facility administration or security service.
Security officers may be reluctant to make contact, citing internal regulations. However, the police have the right to officially request the recording. If you do not want to wait for the police to arrive to request a recording, try to politely explain the situation to the management of the shopping center, focusing on the fact that you plan to write a statement about a crime (Article 167 of the Criminal Code of the Russian Federation “Deliberate destruction or damage to property” or 12.27 of the Code of Administrative Offenses “Leaving the scene of an accident”).
Pay attention to the cameras aimed not only at parking, but also at entry/exit. Even if the moment of impact was not captured by the camera, you can track the time of arrival and departure of the suspicious vehicle. Comparing the time with recordings from other angles often helps identify the intruder.
Don't forget about modern technologies. Many drivers use radar detector apps or navigators that automatically download traffic data. Although this is rare, it is sometimes possible to find witnesses through social networks by posting a photo of the damaged car with geolocation and time.
Calling the traffic police or drawing up a Europrotocol
If the culprit is found and he does not deny his guilt, you have two ways to solve the problem: call the traffic police or register yourself Europrotocol. The choice depends on the existence of disagreements, the number of participants and the amount of damage. If the driver agrees with the circumstances, he has a valid MTPL policy and there are no injuries, you can do without the police.
Registration of the Europrotocol is possible only if a number of conditions are met. Both drivers must be sober, have a license and insurance. It is important that the damage is recorded correctly and that the payment limit suits both parties. In large cities (Moscow, St. Petersburg), the limit can be increased to 400 thousand rubles if there is photo recording through the application.
☑️ Registration of the Europrotocol
If the culprit is hiding, behaves aggressively, does not have insurance, or the damage is too great for the Euro protocol, it is necessary to call the traffic police. The car must not be touched until the crew arrives. Employees will need to provide all evidence collected and contact details of witnesses.
If the culprit has not been found, you still need to obtain documents from the police to contact your insurance company (if you have CASCO) or for search activities. Without a certificate of an accident or a decision to initiate a case, it will be almost impossible to receive compensation.
| Situation | Document | Where to contact |
|---|---|---|
| The culprit is in place, there is no dispute | Notification of an accident (Europrotocol) | On your own |
| The culprit is in place, there are disputes | Protocol/Resolution of the traffic police | traffic police |
| The culprit escaped | Certificate of accident / Decree | traffic police |
| The car was hit in a paid parking lot | Damage report | Parking administration + traffic police |
Actions if you have CASCO and OSAGO
Availability of a policy CASCO makes life much easier in such situations. You can contact your insurance company whether the culprit is found or not. However, it is worth carefully studying the insurance rules: some programs do not cover damage if there is no police certificate or if the driver was alone at the time the damage was discovered without witnesses.
If you only OSAGO, the situation is more complicated. Your insurance will only pay compensation in the event of a direct collision with a known culprit. If the culprit has disappeared, you can receive payment under compulsory motor liability insurance only through the Russian Union of Auto Insurers (RUA), and then only if harm was caused to health or life, which rarely happens in parking lots. In other cases, you will have to look for the culprit through the courts.
⚠️ Attention! The period for contacting an insurance company for CASCO insurance is usually limited to 3-5 business days from the date of the incident. Missing this deadline may become a legal basis for refusal of payment.
What to do if the insurance company underestimates the amount?
If the calculated repair amount does not cover the actual costs, you have the right to conduct an independent examination. Its results can be used in court to recover the full amount of damage from the culprit or the insurance company.
When contacting the insurance company, be sure to provide a complete package of documents: application, copy of your passport, driver’s license, PTS/STS, certificate from the traffic police and photographs of the damage. The better the photographic material, the fewer questions the insurance commissioner will have.
Judicial practice and recovery of damages
If the culprit is found, but refuses to pay or does not have insurance, or if the insurance company refuses to pay, the only option is the court. First, you need to send a pre-trial claim to the culprit demanding compensation for damage on a voluntary basis. A copy of the independent examination is attached to the claim.
In court, the key evidence will be the materials of the administrative case (if one was conducted), video recordings, witness statements and the opinion of an expert technician. Judicial practice in such cases is ambiguous: a lot depends on how convincingly you prove that this particular person caused the damage at this particular time.
- ⚖️ File a claim in the district court at the place of residence of the defendant or the place of the incident.
- ⚖️ In addition to the cost of repairs, you can demand compensation for evacuation, car storage and lawyer services.
- ⚖️ If the culprit is not the owner of the car, a claim is filed against the owner unless it is proven that the car was stolen.
It is important to understand that the legal process can take anywhere from several months to a year. Therefore, it is often more profitable to reach a settlement agreement if the culprit offers a reasonable amount of compensation immediately after the accident.
Keep all receipts related to the incident: payment for a tow truck, paid parking where the wrecked car was parked, and even a taxi if you could not use your car.
Frequent driver mistakes
Many drivers make common mistakes that ruin their chances of receiving compensation. The most common of them is leaving the place where the damage was discovered before the police arrive or paperwork is completed. Even if you simply drove the car away so as not to interfere with the flow, this can be regarded as leaving the scene of an accident.
Another mistake is the lack of photographic recording of the position of cars relative to stationary objects. Without reference to the area (poles, buildings, markings), it will be difficult to prove later that the impact occurred in the parking lot and not in another place.
Also, drivers often forget to check the relevance of the MTPL policy of the culprit. Having a paper copy does not guarantee that the policy is valid. It is better to check online on the RSA website or through the application.
The main rule: do not move the car or leave the scene of the accident until the circumstances have been fully recorded and documents have been completed by authorized persons or participants in the accident.
⚠️ Attention! Laws and insurance company policies may change. Always check the current requirements for documents and deadlines in your insurance contract or on the official resources of the traffic police.
FAQ: Frequently asked questions
What should I do if my car was hit while I was in the store?
Don't leave. Record the damage, find the shopping center security to view the cameras. If the culprit is not found, call the traffic police to record the fact of damage by an unauthorized person. Then contact your insurance (if you have CASCO) or try to find the owner through camera recordings.
Is it possible to receive payment if the culprit escaped?
According to OSAGO - practically none (only through RSA in case of harm to health). According to CASCO insurance - yes, if this is provided for in the contract. Usually a certificate from the police is required stating that the culprit has not been identified, and compliance with the deadlines for the application.
Do I need to call the traffic police if the scratch is small?
If you want to receive payment from the insurance company or formally recover damages from the culprit, yes, traffic police documents are required. If you negotiate with the culprit “on the spot” and he pays immediately, then you can get by with a receipt, but this is a risk.
How much time is given to find the culprit?
An administrative case of fleeing the scene of an accident is considered within 3 months. If during this time the culprit is not found, the case will be closed, but you will receive documents for the insurance company. The statute of limitations for civil damages cases is 3 years.
What happens if I leave without waiting for the traffic police?
You may be deprived of your driver's license for a period of 1 to 1.5 years or arrested for 15 days under Part 2 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation, as this is equivalent to leaving the scene of an accident.