Road traffic accident is an unpleasant event that takes a lot of energy, nerves and time. Nevertheless, one has to be ready for a road traffic accident as it is not a rare event in big cities. Even experienced drivers are not secured from accidents on the roads. That is why it is important to know what is to be done in such a situation beforehand.
In this material we will describe steps to be taken if you get into a road traffic accident.
Road traffic accident is an event that arose during the movement of vehicle on the road or with its participation, which caused damage to health, death of a person, damage to vehicles, structures, cargo or other material damage.
Types of road traffic accidents:
In case of road traffic accident, a driver involved in it should:
In case of road traffic accident, if there are no victims and upon mutual consent of drivers in assessing the circumstances of an accident, having drawn up a scheme of the accident and signing it, they should visit the nearest internal affairs office to register an accident.
Note that within 3 working days after a road traffic accident you should inform your insurance company on an accident. Untimely notification of an insurance company on a road traffic accident entails refusal to provide an insurance benefit.
A protocol on an administrative offense drawn up by traffic police officers is sent to the district and equivalent court considering cases of administrative offenses.
Cases of administrative offenses are considered within 15 days from the date of receipt by the court of the protocol on an administrative offense and other case materials.
In case of receipt of petitions from participants in the proceedings on an administrative offense or, if necessary, additional clarification of the circumstances of the case, the term of consideration of the case may be extended by the court, but not more than one month.
In relation to a person subjected to administrative detention, the case of an administrative offense is considered no later than twenty-four hours from the moment of his detention.
If the offender is found guilty and the parties file an application for the immediate entry into force of the resolution, this case is subject to immediate consideration and entry into force.
Participants in the proceedings in cases of administrative offenses are notified of the time and place of consideration of the case or the commission of certain procedural actions and are summoned to court by notifications (notices).
When appearing in court, participants in proceedings on administrative offenses must have an identity card with them.
When drawing up a protocol on administrative violation, traffic police officers also use the results of medical examination for alcohol or drug intoxication. It is recommended to undergo the examination voluntarily and without delay.
The examination can be performed at a place of road traffic accident with application of specialized equipment and tools intended to determine intoxication.
Failure to comply with the requirement of a police officer to undergo an examination for alcohol, drugs and/or substance abuse is punishable by administrative detention for 15 days and deprivation of driving privileges for 8 years.
Violation by a person driving a car, trolleybus, tram or other mechanical vehicle of traffic rules or rules for the operation of vehicles that caused by negligence the infliction of moderate damage to human health is punishable by a fine of up to 160 MCI or by correctional labor in the same amount, or by enlisting in public works for up to 160 hours, or by arrest for up to 40 days, with deprivation of the right to hold certain positions or engage in certain activities for up to 2 years.
The same act, which caused by negligence the infliction of grave harm to human health is punishable by a fine of up to 2000 MCI or correctional labor in the same amount, or community services for a term of up to six hundred hours, or by restraint of liberty for up to 2 years, or by imprisonment for the same period with deprivation of the right to hold certain positions or engage in certain activities for up to 3 years.
The act which entailed the death of a person through negligence, is punishable by imprisonment for up to 5 years with the deprivation of the right to hold certain positions or engage in certain activities for up to 5 years. The act that caused the death of two or more persons by negligence is punishable by imprisonment for a term of 5 to 10 years, with deprivation of the right to hold certain positions or engage in certain activities for up to 7 years.
To obtain an insurance indemnity after a road traffic accident, an affected individual should apply to an insurance company and afterwards the issue of a vehicle examination will arise.
Vehicle examination is a damage assessment conducted to indemnify financial costs to an owner.
Usually an insurer performs an assessment without assistance using only its staff or an invited expert.
Upon submission of application by an affected individual, an insurer organized a damage assessment by inviting an expert within 10 working days at his/her own expense.
An affected individual needs to keep a vehicle in the same condition as after road traffic accident within 10 working days from the date of application submission to an insurer for damage assessment.
In case if an assessor fails to perform an assessment within a stated period, he/she should pay penalty in the amount of 0.5 MCI for each day of delay.
Damage assessment includes the following stages:
In case if an insurance company significantly understates the amount of insurance indemnity and the sum is not enough, an affected individual can undergo an independent examination to calculate the actual damage and obtain an insurance indemnity. An independent examination will help you to obtain a difference between the paid sum and actual repair cost.
In case of road traffic accident, when a culprit does not have an insurance, vehicle examination is performed on the site after arrival of traffic police.
Violation of traffic rules by drivers that caused damage to vehicles, cargo, roads, road and other structures or other property entails a fine of 20 MCI or revocation of driving license for up to 6 months.
The same action that inflicted a slight harm to health entails a fine of 40 MCI or revocation of driving license for a period of up to 9 months.
If the above actions were committed by a person who does not have a driving license (including those with revoked license) the amount of fine will be 60 MCI.
Leaving the place of the accident by the driver in case of violation of the traffic rules to which he was a participant is punishable by a fine in the amount of 50 MCIs or deprivation of the right to drive vehicles for one year.
If an accident was committed by a driver who does not have a driving license (including those with revoked license), the amount of fine will be 100 MCI or administrative arrest for 30 days.
Note: an individual who abandoned a road traffic accident site due to delivery of medical assistance to an affected person shall not be held liable.
After the court makes a decision on finding your opponent guilty of an accident and imposes an administrative penalty, you need to wait 10 days for the court order to enter into force. If it is appealed to the court of appeal, the case may drag on for another month.
In case of immediate consideration of the case, you will be able to pick up the decision that has entered into force on the same day and take it to the insurance company, where the process of paying damages will be further accelerated.
After a court decision came into force, you need to apply to an insurance company and submit the following documents:
Request of other documents by an insurer is not allowed.
Representative of an insurance company, who accepted the documents, should draw up a certificate in two copies with indication of all the accepted documents and date of acceptance.
One copy is provided to an applicant while the second copy is left in an insurance company with an applicant`s mark.
For damage inflicted to property of one individual, an insurance indemnity is equated to an inflicted damage but amounts to no more than 600 MCI;
For damage inflicted to property of two or more individuals, an insurance indemnity is equated to an inflicted damage but amounts to no more than 600 MCI for each affected individual. The total amount of insurance indemnity to all the affected parties cannot exceed 2000 MCI. In case if the amount of damage exceeds the maximum limit of insurer, an insurance indemnity for each affected party is provided in proportion to damage inflicted to property.
Term within which an insurance indemnity can be provided is 15 working days. Upon untimely provision of insurance indemnity, an insurer is obliged to pay a penalty pursuant to the procedure and in the amount stated by Article 353 of Civil Code of the Republic of Kazakhstan.
Upon arrival, traffic police officers should draw up all the case materials:
Also, traffic police officers will check all your documents, draw a diagram and ask to tow vehicles in cases, when vehicles prevent a traffic flow.
Then, a traffic police officer will provide you with an explanatory note form to the name of head of local police. The document affects a court`s decision and that is why it should be carefully filled in. In the provided form you should specify an approximate time of an accident, the intersection of streets, state registration plate, direction of traffic and a detailed description of an accident as well as number of policy issued under the Mandatory Legal Liability Insurance of Vehicles` Owners.
To track an administrative offense traces, other material objects as well as circumstances that are important for drawing up a protocol on an administrative offense, an authorized official has the right, within the scope of his authorities, to inspect the terrain, objects, documents and living persons.
Then, a traffic police officer should add a description of external damage to vehicles to the scheme. Make sure that all damage has been taken into account. Afterwards, a driver is sent for medical examination.
The abovementioned documents are filled in by traffic police officers who arrive at a scene of road traffic accident. Prior to signing the documents, carefully read them and advocate for your lawful rights.
Impoundment lot
A vehicle can be delivered to an impoundment lot by traffic police officers in the event if there are injured persons and /or a driver committed other violations such as driving under the influence of intoxication or non-availability of necessary documents. In other cases, traffic police officers are not entitled to park vehicles in an impoundment lot.