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What to do if the car was damaged during the evacuation?

In large cities, tow trucks are actively working, which take incorrectly parked cars to the impound lot. Drivers resort to the help of a tow truck in cases where the vehicle breaks down due to an accident or technical malfunctions.

Although qualified personnel work in the evacuation services, damage to transported vehicles is not uncommon. What to do if your car was damaged during the evacuation? Who is obligated to pay compensation or pay for costly repairs?

Three main situations of vehicle damage can be assumed:

• the driver himself called a tow truck and the damage was caused with his knowledge;
• the car was damaged without the knowledge of the owner;
• the damage was done at the penalty area.

Let's consider all these situations separately.

Calling a tow truck when your car breaks down

If, for example, the engine is jammed on the way or the gearbox is out of order, you have to call a manipulator with a sliding platform or a winch. Auto lawyers insist that before loading the car onto the platform, an acceptance certificate should be drawn up. It is also advisable to make an inventory of all things in the trunk and cabin. If possible, you can take pictures of the car body from different angles. The drawn up paper must be signed by the owner himself and the representative of the technical service.

Accordingly, having this description in hand, you can easily confirm that certain damages were caused during the evacuation process. The evacuation service must pay for the damages. As a rule, in serious services, all transported cars are insured, and a standard form agreement is signed with the owner, which lists all the essential features of the body - large scratches, dents, rust, etc. If there are none, this fact is indicated in the transfer act.

The contract is drawn up in duplicate and can be used as the main evidence when making claims. Naturally, you need to report damage immediately after they are discovered during inspection, otherwise you may be accused of trying to attribute your problems to the evacuation service. Usually 10 days are given to receive an official response. If your claim has not been satisfied, it is necessary to conduct an independent examination, and file a lawsuit with all available evidence. There is no other way to receive compensation, even if there is CASCO - according to CASCO, damage to the vehicle during evacuation or towing is not an insured event.

Damage during evacuation to impound lot

According to the traffic rules, as we wrote earlier on the site, cars are sent to a penalty area for many violations, the main of which is either parking in the wrong place or driving while intoxicated. In the first case (improper parking), the car is loaded onto the platform and transported without the presence of the owner.

If you did not find the car where you left it, contact the traffic police numbers in your city, they will tell you where the vehicle was taken and where to get a violation report. According to the requirements of the legislation, the condition of the car body must be indicated in the protocol - no visible damage, there are chips, dents, scratches.

Carefully inspect the body and paintwork of your car. If new damage is found, you should call the police, in the presence of which fix the defects received during transportation. On this fact, an appropriate act is drawn up and a claim is submitted to the director of the evacuation service. If you refuse, you will again have to go to court. If necessary, order an independent examination. CASCO does not cover the cost of repairing such damage.

Car damaged in impound lot

In principle, you need to act according to the above algorithm. It is also worth noting that if you have CASCO, you can receive payments from your insurance company, since the damage was not caused at the time of loading / unloading or direct transportation, but due to negligence or malicious actions of third parties. All scratches and dents must be carefully recorded in the presence of the police and the insurance agent.

In the absence of CASCO, it is necessary to demand payment from the direction of the penalty parking. If they refuse to pay, they will have to go to court, having previously passed an independent examination, which will establish the true cause of the damage - the negligence and negligence of the personnel.

Evacuation Rules

To avoid such situations, you need to follow the rules of evacuation:

• when ordering a tow truck, an act of acceptance and transfer of the car is drawn up, where visible damage should be indicated, as well as the contents of the cabin and trunk;
• do not sign the protocol of the traffic police about the detention of the vehicle until you personally see your car;
• the inspector is obliged to attach to the protocol an inventory with all identified defects in the car;
• keep all receipts for paying for the tow truck and impound, you will need them to file a lawsuit or receive payments from the insurance company for CASCO.

Please note that traffic police officers are required to record on video the process of seizing and loading the vehicle onto the tow truck platform. These files must also be provided to you upon request upon receipt of the detention protocol. Remember that without following the procedure, it will be difficult to achieve justice and you will have to pay the cost of repairs yourself.

An ordinary Moscow story: one person arrived at the impound lot for his Lexus a few hours after the evacuation; the car stood with a broken roof, which, obviously, was damaged during loading or unloading. As it turned out later, this incident is not an insured event even if all the traffic police certificates are available. The tow trucks themselves disown the damaged car, stating that this is not their problem and not their area of ​​responsibility. According to lawyers, such cases in Moscow are becoming more frequent, and in most of them the court takes the side of the injured party. We talked to lawyers and found out what to do if the car was damaged by a tow truck.

Most often, the evacuation ends with either a scratched bumper, or a torn mudguard, or a damaged fender. Motorists, in the hope that the tow truck will not be able to cope with their car, turn the wheels on purpose. However, such an action is only harmful - the wings will almost certainly be damaged by chains.

“In such cases, you need to contact the company that carries out the evacuation. There are simply no other options for car owners. If they refuse to pay compensation, then you should send a claim to the court. With regard to Casco policies, not all insurance companies will compensate for damage caused in this way. In each specific case, you need to read the contract, ”Aleksey Dozorov, chairman of the committee for the protection of the rights of motorists, explained to the correspondent of the site.

The clause in the contract, which will put an end to receiving compensation from the insurance company, reads: “For all risks, they are not insured events: events that occurred when loading or unloading the insured vehicle.” Evacuation, forced or voluntary, falls under this point.

According to the head of GlavStrakhKontrol, Nikolai Tyurnikov, the main problem in the mechanism for obtaining compensation from the evacuation service is to prove that it was the tow truck that damaged the car. “Surveillance cameras and testimonies are suitable here. You can also use even inspection certificates from the service where the car was last serviced,” Tyurnikov explained.

If the tow truck is not even a loader, but a means of transportation, then most insurance companies are out of the question about any compensation. This case falls under the clause: "Insured risks do not include damage caused by damage to the insured vehicle during transportation (towing)."

1. The first document that the owner of a car damaged during the evacuation should receive is the conclusion of an independent examination. The original document must remain with the customer, and a copy along with the claim must be sent to the address of the evacuation service.

2. If the car is insured only under OSAGO, then the only way to receive compensation will be a lawsuit against the evacuation service. You need to send it only if an official refusal to pay money has been received from the company in your name. As in the case of Casco, damage to the car during loading is not an insured event, since the car was not involved in traffic.

3. If the owner of the damaged car has a hull insurance policy, the process of obtaining compensation is still easier, since there is an additional option. It is possible to file a “malicious act” claim with the insurance company, rather than “damage resulting from loading or unloading.” Cases belonging to this category are considered as insurance in all companies. However, even here difficulties can arise. First of all, with the receipt of certificates - a damaged car parked in an impound lot does not look convincing enough to receive compensation for a “malicious act”.

The Administrative Code provides for the possibility of evacuating a vehicle in the event of certain violations in the field of traffic. Most often, cars are towed in violation of parking rules.

The services of a tow truck are also resorted to by owners of cars that have become victims of damage on the roads, provided that it is impossible to move the car to a parking lot or service station.

If the car is damaged, where should I contact and what measures should be taken?

Many drivers have questions about where to turn and what to do if the car is damaged. How to prove that the car was damaged during the evacuation. Let's analyze all the questions in detail.

In the event of a traffic accident or a breakdown of the car, which led to problems with the operation of the car, the only solution is to use a tow truck to deliver the car to the service station.

As a rule, a verbal agreement is concluded between the owner of the tow truck and the owner of the vehicle for the transportation of the vehicle. In this case, acts on the transfer of the car are not drawn up.

These actions are defined as incorrect, because if damage is caused during unloading or loading of the car, and when moving the road train, nothing will be proved.

Car owners can act according to the following scheme:

• Conclude a written agreement with the tow truck driver on the possibility of moving the vehicle. The contract is written arbitrarily with the obligatory indication of the following data:

• the time frame for moving;
• the place from which the vehicle is to be moved;
• data and number of the evacuator;
• the number of the vehicle to be translated and the owner's details;
• price for evacuation services.
• The contract is signed by the drivers of two cars.

• Take a picture from the outside of the vehicle that is being evacuated. If you do not have a camera with you, then you should take pictures with your phone camera. However, it is important to set the time period for the survey.
• If necessary, draw up an additional act in which to describe:

• existing (missing) identified external damage on the body;
• the presence of additional equipment that is installed inside the machine and is not part of the configuration;
• a list of things that will be left in the car.

The act is signed by the owner of the car and another person who is not interested. It is best that the other signature be provided by the tow truck driver, however this is rarely possible.

In cases where the tow truck driver does not agree to sign the document, another person should be found who will agree to become a witness and sign the document. Be sure to record the name and contact details of the eyewitness.

After completing the designated documents and taking photographs, the car can be moved safely. Because if damage is found, it is easy to prove it.

If you find a car breakdown in a car impound

A completely different situation develops when a vehicle is moved without an owner or after damage has been discovered in cases where the car is taken from a special parking lot.

The evacuation of a vehicle without an owner takes place with an automobile inspection officer who must:

• draw up a protocol on an offense that entails the imposition of such a measure of influence as the evacuation of a car;
• write a decision that the car is detained;
• draw up an act indicating the existing or absent defects on the outside.

When applying to the patrol service for permission to get a car from a special parking lot, it is necessary to request, in addition to the protocol, a copy of the act on the condition of the car. This document will be evidence of damage during transportation.

How to draw up an act of acceptance and transfer of a car?

The main document, which can be considered as evidence of damage caused during the transportation of the car, is the act of acceptance and transfer of the car.

To date, there is no clearly established form of the document, however, it is important to note that the act must indicate:

• name and date of execution of the document;
• name of the institution or full name, passport data (details of the driver's license) of the person who drew up the document;
• the place where the car is located (address of the impound lot);
• information about the vehicle being towed;
• other denoting parameters: color, body and chassis numbers, state registration number, VIN, etc.;
• data on the documents for the car (during transportation in the presence of the driver);
• car mileage;
• external defects;

The act is signed by those who drew up the document, and witnesses.

Complaint to the evacuation service for car damage

If the car is damaged during transportation at the impound lot, there are two ways to recover the amount of damage:

• contact the evacuation service with a claim;
• file a claim for damages.

It should be borne in mind that it is impossible to put a signature on the acceptance of the car from the impound lot without taking into account the existing damage, since after signing the document, it will be considered that the car owner has no complaints about the parking lot.

First of all, when damage is detected, representatives of the traffic police should be called to the place where the car is located, who, in turn, will draw up a protocol and establish the fact of harm.

The second step is the implementation of an independent examination to assess the cost of the harm caused. Once you have completed all the steps, you can start filing a claim. No specific claim form has been established.

In order to properly complete the document, you must specify:

• the addressee of the claim (the coordinates of the impound lot, if available - the name, if not - the data of the head);
• from whom the claim was received (personal data, place of residence, contacts);
• name (placed in the center of the new line);
• events that caused the need to draw up a document (date and place, reason for evacuation, document data on which the vehicle was detained);
• the content of the claim (the presence of damage to the vehicle);
• claims (in this situation, compensation for damage caused by employees of the parking lot or the actions of a tow truck acts as a claim);
• the amount of harm;
• in case of refusal to compensate or ignoring the received claim, indicate the intention of the owner of the vehicle to apply to the judicial authorities;
• date and signature of the document issuer;
• list of documents to be provided.

What documents need to be attached?

The claim should be accompanied by the documentation confirming the specified facts.

These documents include:

• a protocol on the detention of the car and sending it to the impound lot. This document is issued by a representative of the automobile inspection. If the owner was present during the evacuation, which was carried out on his initiative, then in this case it is necessary to provide an agreement on the transportation of the car;
• an act of inspection of the car, which is drawn up by a representative of the authorities or an act of transfer of the car, which is signed by an eyewitness. Photos of damage;
• an act of acceptance of a car from a car impound with an indication of the existing damage, certified by a patrol officer;
• a protocol drawn up by a representative of the patrol service on the damage caused during the transportation or storage of the car at a special parking lot;
• opinion of an independent expert;
• other documents that can confirm the expenses of the owner of the car.

Where to file a complaint?

The claim must be directed to the head of the parking lot, which provides services for the evacuation and storage of the car.

Claims can be submitted in one of the following ways:

• personal delivery. Using this method, it is necessary to achieve a mark that the document has been accepted. This mark is placed on another copy, which remains with the owner of the car;
• registered mail with notice. The use of this method ensures that after the addressee receives the letters, the sender will receive confirmation of receipt.

In the event that an employee of a specialized parking lot refuses to accept and note the receipt of the document, then you can use the Russian Post or draw up an act of refusal to receive a claim in front of witnesses.

Is it possible to attribute these damages to insured events?

It is important to remember that the damage caused by transporting or storing the car in the parking lot does not apply to insured events under insurance, since the autocitizen assumes compensation for harm only while the car is moving.

Receipt of payment is possible under CASCO and only when the situation relates to an insured event by agreement.

In what cases the car is towed

According to the law, a vehicle can be evacuated to a penalty parking lot if at least one of the following grounds exists:

• The driver of the car does not have the right to drive it;
• The car is driven by a person who does not have or is deprived of the right to drive a car;
• The citizen does not want to conduct an examination with possible signs of intoxication;
• The driver used alcohol and psychotropic substances after the accident and before the medical tests were carried out;
• The driver is intoxicated;
• Violation of the stipulated parking rules;
• Malfunction of the brake system of the car;
• Non-compliance with the established rules for bulky and heavy cargo transportation;
• Violation of the standards provided for in cases of transportation of dangerous goods;
• The car is parked in a prohibited place, indicated by a road sign;
• The machine is placed in the second and further rows;
• As an exception: transport on two wheels without a trailer;
• The car interferes with traffic because it is left on the tram tracks or not far from them;
• Parking in the tunnel;
• The placement of the vehicle is at a pedestrian crossing or at a distance of up to five meters in front of it;
• The car is at a distance of at least fifteen meters from the stop of the route transport, marked with marking 1.17;
• If there is no designation, this distance is measured from the signpost of the designated stopping place;
• A parked car creates a traffic block for other vehicles.

In cases where the car was evacuated to the impound for other reasons, the actions of the authorities are illegal, and they can be protested with confidence.

Rules for evacuating a car to a car impound

Every driver of a car is obliged to know the rules established by law, according to which cars are towed. This is necessary to be able to cancel the carriage in case of non-compliance.

• Before you take away the vehicle, the traffic police representative must draw up a protocol in two copies. At least two eyewitnesses must be present during this procedure. The document is signed by the police officer and the violator.
• The content of the protocol includes: data on the date, time, place of registration of the protocol, the basis for transporting the car, with references to the Code of Administrative Offenses, information about the representative of the traffic police, information about the car, its owner, data about the body that carried out the detention of the car. If the owner of the car is present at the time of registration of the protocol, then he has the right to demand that information about the presence of valuable and personal items in the car be entered into the content of the document, and describe all the malfunctions and damage to the car, take photos and videos of existing body defects.

Possible access points in the vehicle must be sealed.

One of the innovations in the transportation of the car is that when the owner appears and the documents for the car are presented, if the tow truck has not started the loading procedure, the transportation is canceled.

During the evacuation, a representative of the patrol service must be present. The owner of the car addresses the police officer regarding the implementation of the transportation procedure. The inspector draws up an additional copy of the document on the detention of the vehicle and its placement in a penalty parking lot.

Car owners need to know how to proceed if the car is damaged during the evacuation or its location in the impound.

Calling a tow truck after a car breakdown.

When the driver cannot accompany his car, he draws up a power of attorney and hands over the keys to the tow truck driver. Many consider it unnecessary to write a description of the state of the salon; according to the rules, such paper is not needed. But imagine - if additional damage is found later, for example, on the windshield or interior lining - how can the driver prove that there was no such damage before the car was towed?

Therefore, when sending a car on special transport, you should take care to draw up an inventory of those things that remain in the cabin and trunk of the car. The compiled list must be signed by two people, the second can be the driver of the tow truck. It is advisable to take pictures of the condition of the cabin and the contents of the trunk. Photographs with the date may be useful in the event of a claim.

Evacuation of the car to the impound.

If the reason for the evacuation of the car was improper parking, or in case of deprivation of a driver's license on the spot, an employee of the state traffic inspectorate draws up a protocol. Having left the car in the wrong place and subsequently discovering that it is not there, the driver can call the hotline of his city and clarify that the car was taken to a car impound, and not stolen. The hotline will clarify where the car was towed.

At the traffic police department, the driver will be given a copy of the protocol drawn up before the evacuation. The document must record all visible damage to the machine.

photo www.minilogistic.com

When the owner picks up the car from the impound, the car should be inspected. If damage is found that was not there before the evacuation, you must apply for compensation from the company responsible for the transportation. The case of such damage is not insured, and you will have to seek compensation on your own.

You should start by contacting an expert. After inspecting the car, he will issue an official conclusion that the damage was made during loading and transportation. A copy of the examination should be attached to the written claim to the evacuation service. One copy must be kept for yourself, the other sent by mail with notification.

If after a month (30 calendar days) the company refuses to compensate for the damage, all documents should be sent to the court at the place of residence. Most often, the lawsuit is won by car owners.

If the car was damaged in the parking lot.

When picking up your car from the impound and noticing new damage, it is worth checking the traffic police protocol again. It is possible that scratches or dents on the car did not appear during transportation, but already at the impound lot.

You must immediately contact the police department of the area where the parking lot is located. Further, with the decision to initiate a criminal case or to refuse it, you should contact the insurer. If the car in the impound was scratched or dented, there is a small chance of receiving compensation. Such a case is provided for in CASCO as malicious acts of third parties. If there is no contract with this insurance company, the car will have to be repaired from its own funds.

photo appleapple.top

In case of violations of the law, in certain cases, vehicles can be sent to a parking lot. At the same time, despite the special transport used during transportation, and the professionalism of the evacuation service employees, the car is often damaged.

Reason for sending to the impound

The reasons that are the basis for the forced evacuation of vehicles are indicated in Art. 27.13 Administrative Code of the Russian Federation.

These grounds are:

• the driver drove the vehicle in a state of intoxication (alcohol, drugs);
• freight transport does not comply with the safety requirements for the transportation of cargo;
• the car is placed in places not intended for parking, interference is created for other vehicles or pedestrians;
• the person driving the transport did not have a driver's license with him;
• the car after the accident turned out to be faulty;
• found violations in the steering or braking system.

With the last two points, the owner of the car can independently decide whether to send the car to a penalty parking lot, or hire a tow truck to deliver the vehicle to a personal garage or car service for repairs.

What documents are produced

Before detaining the car and sending it to the place of forced parking, the traffic police inspector must:

After all the procedural rules of compliance, the car is loaded onto the loader platform and delivered to the parking lot.

We will tell you more about the rules for drawing up an act of acceptance and transfer of a car. There is no approved form, but a standard form may be established in each region. We propose to consider what general points should be present in the document:

All persons who were present at the drawing up of the act and included in the commission must put their signatures under the document that the transfer of the car took place without violations.

Procedure for detecting damage

Transportation of the car to the impound is carried out for various reasons. Therefore, the machine can be damaged at any stage of the evacuation.

We will learn how to act in this or that case.

If the car was damaged during the evacuation

As soon as the car owner notices a violation, he must act immediately:

• suspend further transportation and require the traffic police officer to record new damage;
• you need to contact independent experts to find out the real amount of damage to the owner of the car. Experienced specialists will conduct an examination of the damage, and issue a conclusion on the harm caused. As a result, the document should contain information about fresh and chronic damage. Thanks to this paper, citizens will acquire a weighty argument in a controversial situation with an evacuation company.
• write an application for payment of compensation for property damage;

After that, it remains only to wait for the transfer of money, or contact the judicial authority for further proceedings.

If the owner was not around

There are also cases when the owner was absent at the time of the evacuation of the car. For example, the car was parked in the wrong place, so it was decided to send it to the impound lot.

• first, the owner must find out where his car is. To do this, he must call the duty station or the hotline of the traffic police, where information about all such cases is received;
• after that, he must go to the traffic police department that drew up the protocol on forced transportation in order to obtain permission to issue a car from a paid parking lot. Also, a second copy of the act of acceptance and transfer from one office to another is issued;
• then you need to go to the specified address to pick up the car.

Before signing papers that claims to the carrier company and those responsible for storing the car, you must make sure that there are no damages not indicated in the transfer protocol.

An inspection report should be drawn up upon receipt of the car from the place of storage. The document describes all the existing damage. If necessary, specialists of an independent center are involved in the examination.

If the owner discovers damage that was not previously recorded, then he must understand that the damage was not caused at the time the car was transferred from the evacuation site, but during transportation or during storage. This means that the responsible persons made a mistake and damaged the transport.

The measures taken will allow you to receive compensation for the damage caused as soon as possible.

How a claim is made

Let's talk about the rules for filing a complaint by citizens who received their car after evacuation with damage:

• you need to apply in writing to the immediate head of the evacuation service;
• write personal information about the applicant (name, address, etc.);
• inform the date and time of transportation of the car;
• express their objections to the violations committed with reference to regulations (Article 1064 of the Civil Code of the Russian Federation);
• list the damage found, as well as indicate the amount that will be required to compensate for the repair work;
• write a request that the company that delivered the car to the place of storage compensate for the damage caused.

The complaint is drawn up in two copies, one is transferred to the organization, and the second remains with the applicant.

When transferring a claim to the company that committed the violation, it is necessary to have confirmation that the application was accepted for consideration.

If the document was handed over personally, then you should ask to put a mark on the acceptance of the complaint. If personal delivery is not possible, the claim shall be sent by registered mail, a notification with a note that the letter was delivered to the official should be returned to the applicant.

To file a complaint, you need to prepare a certain list of documents.

This list includes:

• detention report drawn up by a traffic police inspector;
• documents confirming the expenses incurred (checks, receipts);
• papers giving the car the right and reason to be in the impound lot;
• opinion of independent experts on damages and cost of repairs;
• written explanations from the employee who transferred the car to the place of storage;
• other documents if available, for example, testimonies of witnesses.

It is better to keep the originals of the existing documents for yourself, if they are lost due to someone's negligence, then duplicates can always be made from the stored originals.

How to get compensation

Unfortunately, this case is not insured, so it makes no sense to apply for compensation to the Insurer under the current OSAGO.

Car owners can resolve a contentious issue in two ways:

1. Voluntary order

After a written appeal to the management of the company that delivered the transport to the impound lot, the victim received compensation for property damage.

1. Enforced collection

If using the first method it was not possible to resolve the issue, then the owner can apply to the court with an application. The claim is submitted in writing at the place of registration of the company of the violator.

Car owners must understand that if they themselves do not want to defend their rights, then no one will do it for them. Therefore, you need to be patient and take measures to punish the perpetrators and receive compensation for the damage caused.