What to do if you were hit by a car

What to do if you were hit by a car

Obviously, if a person bleeds, then he can only lie down and wait for an ambulance. But if you are generally feeling well, use this step-by-step instruction (spoiler: the doctors will still have to be called).

1. Photograph and video the scene of the accident

Ideally, you need to fix the place of the accident in the photo and video. It is important that the frame contains:

• location of participants in the accident;
• the car that hit;
• the driver of this vehicle.

This will help the investigator determine what exactly happened and who is really to blame. It happens that if the driver is in a state of intoxication or he has, say, a suspended sentence, he asks the passenger in the next seat to change places in order to avoid deprivation right or detention. And photos and videos will not let you escape responsibility.

In some cities, there are special systems on the streets that monitor safety. For example, in Moscow it is responsible

City video surveillance system. In the event of an incident, leave a request to save the video archive from the cameras. The operator will give you a number that you need to report to law enforcement. That way they'll have access to the tape and attach it to the case.

2. Call an ambulance and the police

Call an ambulance to the scene of the accident police. Traffic police officers will draw up a protocol, interview witnesses, inspect the scene and collect information to open a case. If the investigator does not consider it necessary to open a case, his decision can be appealed.

Doctors will provide assistance on the spot and will be taken to the hospital for a more thorough examination.

3. Write down the contacts of witnesses

Ask others to leave you their contacts so that they can testify to the investigator. Or ask someone nearby to help gather information.

The driver may try to bring in witnesses who were not actually there. Shooting the scene of the incident will also help to avoid this.

4. Drive to the hospital

Even if it seems to you that you feel good, this is not a fact at all. Some injuries make themselves felt after some time. If you don't go to the hospital, you won't be seen by a doctor. This means that it will not be recorded anywhere that you were injured as a result of an accident, and in the event of complications, it will be very difficult to attribute them to an accident.

5. Save all receipts

Any checks for medicines, dressings, rehabilitation procedures, save in a separate folder. With such evidence, it will be easier for you to convince the accusing party of what expenses you incurred due to the accident.

6. Demand a commission to determine the severity of the harm

Install harm to health can only be a special expert commission. It is appointed by the investigator or the court. Its conclusions depend punishment of the guilty and amount of compensation.

If you do not agree with the verdict, you can appeal it.

7. Follow the progress of the case

Often, especially in large cities, a case is opened, but no one is notified about it. You can unexpectedly find out on the website of the court that, it turns out, not only the consideration has already been completed, but all the deadlines for appealing have expired. At the same time, the victim did not testify and did not state his demands at all.

Time limits for appeals can be restorebut it is long and complicated. So it is better not to let the situation take its course, especially if harm has been caused to health.

Who will pay for the damage

From a legal point of view, the car is considered a source of increased danger. Therefore, the driver is in any case responsible for the accident. But sometimes a pedestrian is to blame for the collision, for example, if he ran across the road at a red light. Depending on the verdict of the court, damages can be compensated in different ways.

If the pedestrian is to blame

If the accident was the fault of a pedestrian, the driver will still compensate for the damage to his health. This regulated article 1079 of the Civil Code of the Russian Federation. In this case, a separate open civil claim must be filed.

At the same time, the pedestrian guilty of an accident is also liable to the driver and theoretically must compensate for the damage to his health and the vehicle. They can also submit to court. In practice, only the so-called auto-substituters, which are thrown under the wheels to blackmail the driver.

If the driver is to blame

If the court found that the driver was at fault, the damage is covered by the insurance company. In this case, each driver it should be OSAGO policy.

If the owner of the car does not have a policy or it is not valid (expired, the driver was a person who is not included in the policy), then you need to contact Russian Union of Motor Insurers (RSA). Then this organization itself will compensate up to 500,000 rubles for damage to the victim. If this is not enough, you need to sue the driver again.

Why can't we agree on the spot?

There are several reasons. You may not know exactly what kind of damage you have and what exactly the consequences await you. To prove connection with accidentwhen some time passes, it will be very difficult.

In addition, the driver can write a statement that you extorted he has this money, and this threatens with criminal liability. Such issues are best resolved by law.