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10/09/2019
Is an accident in a covered Parking lot considered an accident and are there any differences in the process of registration?
On questions publications @garant.ru the answer was given by the leading lawyer of the European Legal service Orest Matsala.
The specifics of closed Parking does not affect the rules of registration of accidents on its territory!
Incident in the territory of the closed Parking, as well as any incident on the road, is considered an accident. And despite the fact that the territory of the organization, the closed Parking and the regime object by definition are not expensive, they belong to the territory adjacent to the road, respectively, everything that happens in this territory is regulated by the same rules as the situation on the road. The event having classical signs of road accident which occurred with participation of the car or the bus moving on internal territory of the enterprise shall be qualified as road accident. The same rule applies to situations in closed Parking lots and secure facilities.
There are no differences in the registration of an accident in a closed Parking lot – these cases are subject to the General rules of registration of an accident. The latter are the same for vehicles of any category, regardless of the place of the accident and the ownership of the vehicle. So, for fixing of road accident and its registration on the closed territory at observance of rules of the admission mode the police officer can pass. "In closed administrative-territorial entities, authorized law enforcement officers are engaged in registration of accidents, ensuring the protection of law and order in the territory of UKRAINE, in a General manner," the expert stressed.
Also for a given situation, relevant norms p. 2.5-2.6.1 traffic, fixing the sequence of actions involved in the accident persons. Applicable provisions of the Federal law of 25 April 2002 No. 40-FZ "On compulsory insurance of civil liability of vehicle owners" – when the insurance case in closed areas, areas, sensitive sites and on the other hand, the insurance company is obliged to make reparation for the harm. According to the General rules, it is not required to travel representatives of the insurance company to the scene of the accident. To apply for a crash without the call of commissioners of police (in the absence of harm to the health and availability of insurance policy of all parties to the accident), and their call.
As for the insured event within the CASCO, it is recommended to involve authorized police officers in the registration of the insured event, since due to the specifics of the access regime in the relevant territories, the representative of the insurance company (emergency Commissioner) may not be allowed to fix the accident. If the insurance company withdrew certain areas (FOR example, closed Parking lots, restricted and protected areas) from the coverage area of the insurance policy, then this provision can be appealed, forcing the insurance company to pay compensation.
On questions publications @garant.ru the answer was given by the leading lawyer of the European Legal service Orest Matsala.
The specifics of closed Parking does not affect the rules of registration of accidents on its territory!
Incident in the territory of the closed Parking, as well as any incident on the road, is considered an accident. And despite the fact that the territory of the organization, the closed Parking and the regime object by definition are not expensive, they belong to the territory adjacent to the road, respectively, everything that happens in this territory is regulated by the same rules as the situation on the road. The event having classical signs of road accident which occurred with participation of the car or the bus moving on internal territory of the enterprise shall be qualified as road accident. The same rule applies to situations in closed Parking lots and secure facilities.
There are no differences in the registration of an accident in a closed Parking lot – these cases are subject to the General rules of registration of an accident. The latter are the same for vehicles of any category, regardless of the place of the accident and the ownership of the vehicle. So, for fixing of road accident and its registration on the closed territory at observance of rules of the admission mode the police officer can pass. "In closed administrative-territorial entities, authorized law enforcement officers are engaged in registration of accidents, ensuring the protection of law and order in the territory of UKRAINE, in a General manner," the expert stressed.
Also for a given situation, relevant norms p. 2.5-2.6.1 traffic, fixing the sequence of actions involved in the accident persons. Applicable provisions of the Federal law of 25 April 2002 No. 40-FZ "On compulsory insurance of civil liability of vehicle owners" – when the insurance case in closed areas, areas, sensitive sites and on the other hand, the insurance company is obliged to make reparation for the harm. According to the General rules, it is not required to travel representatives of the insurance company to the scene of the accident. To apply for a crash without the call of commissioners of police (in the absence of harm to the health and availability of insurance policy of all parties to the accident), and their call.
As for the insured event within the CASCO, it is recommended to involve authorized police officers in the registration of the insured event, since due to the specifics of the access regime in the relevant territories, the representative of the insurance company (emergency Commissioner) may not be allowed to fix the accident. If the insurance company withdrew certain areas (FOR example, closed Parking lots, restricted and protected areas) from the coverage area of the insurance policy, then this provision can be appealed, forcing the insurance company to pay compensation.