Everyone has situations when a son specifically “messed up”, for example, he broke a classmate’s phone, skipped school for a whole month, or “tagged” a classmate just like that. In this article, the Sovetbati website will tell you what to do if a child hits a car with a stone? The first thing that comes to mind is, of course, to run away without looking back before you get hit by the law. However, if you Google this, it means your child has already been caught.
It is not uncommon for children to do dirty tricks with financial damage, without a motive and think that they will go unpunished, in which case parents need to punish their son well financially once.
Let's give an example:
You promised your son that you would take him with you on vacation to GOA, the Maldives or somewhere else, and he decided to deliberately crash his neighbor’s car, as punishment you leave him at home or in the country with his grandmother, saying that the money intended for his vacation is yours I had to pay my neighbor. Even if you were able to avoid paying compensation, be sure to punish your son to avoid similar cases in the future, this will teach him to take responsibility for his actions.
The child was hit by a stone in the car. What to do if caught?
No one cares whether it was hit on purpose or not, the owner will try to find you and recover material damages if there is anything to take from you. In any case, do not say that this was done on purpose, as you may get administrative fine for petty hooliganism from 500 to 1000 rubles, and the child can also be placed under preventive registration in the police children's room. Do you need it?
Ask your child what part of the car he hit and whether he broke anything, since the owner may force you to pay for old scratches and damage. If there is evidence or you are ready to pay for the damage to the owner of the car, then the car will be taken to a service station and you will be presented with an invoice for painting or replacing the glass, depending on what you damaged.
If children break other people's property on purpose, this is already unjustified aggression read how to deal with it in
A driver who finds himself in such a situation needs to remain calm and stop as soon as possible, but not in the middle of the road, but still on the side of the road. After this, you need to turn on the hazard warning lights, put up an emergency stop sign and report the incident to the traffic police. It is also advisable to inform your insurance company as soon as possible, but it is still better to wait for the arrival of an inspector who will help you file an accident.
Yes, yes, no need to be surprised: a stone hitting a car is clearly interpreted as a traffic accident - read the definition in the Rules traffic. Thus, the driver is obliged to formalize everything Required documents to repair your car under comprehensive insurance. Well, if he only has compulsory motor liability insurance on his hands, then he will have to take into account all the circumstances of the incident. Moreover, the court sometimes comes to paradoxical, at first glance, conclusions that in fact there was no accident.
Dubious precedent
Recently, reports have appeared that it is impossible to receive payment under the “automobile citizenship” in such cases. The basis for such conclusions was the decision of the Supreme Court of Russia, which returned the license to the driver of a truck, from under whose wheels a stone flew out and damaged the windshield of the car following behind. According to traffic police officers, such an incident obliged the driver to stop and register an accident. He left. Therefore, he was charged with leaving the scene of a traffic accident.
As stated in the case materials, on June 29 last year in the village of Dukhovets, Kursk region, a car traveling in the same direction was damaged by a stone. The windshield cracked from the impact.
The traffic police officers at the checkpoint gave the driver A.A. Shinakov. certificate of accident. At the same time, they charged the driver I.V. Savchuk, who was driving a car owned by Metallinvestleasing CJSC, with violating clause 2.5 of the traffic rules - leaving the scene of an accident. A protocol was drawn up under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation and sent him to court.
The magistrate agreed that there had been an accident. And he concluded: since the truck driver left the scene of the accident, he should be deprived of his license for a year. The district and regional courts did not review the decision, but the Supreme Court of Russia qualified the case differently. And why?
Circumstances beyond the driver's control
The highest court indicated that, in accordance with Art. 2 of the Law of December 10, 1995 No. 196-FZ “On Road Safety” and clause 1.2 of the Traffic Regulations “a road traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo or other material damage was caused.”
The event that occurred, the Supreme Court decided, does not meet the criteria of a traffic accident in the sense given to this concept in Article 2 of the Law on Road Safety and in paragraph 1.2 of the Traffic Regulations, and is not such, since the event occurred due to circumstances beyond the control of the driver, without any action on his part.
He did not have the opportunity to foresee this event, as well as the onset of consequences in the form of damage to the windshield from the next car in the same direction. Therefore, the conclusion of the lower courts about the presence in the driver’s actions of an objective aspect of an administrative offense under Part 2 of Art. 12.27 of the Code of Administrative Offenses of the Russian Federation cannot be considered justified.
On this basis, the Supreme Court of the Russian Federation overturned the decisions of the lower courts and terminated the proceedings in the case. (See Resolution of the Supreme Court of the Russian Federation dated March 11, 2016 No. 39-AD16-1).
An accident for one
Thus, the position of the Supreme Court can be interpreted as follows: a citizen cannot be blamed for an unfortunate set of circumstances, since he did not commit any illegal actions. It turns out that a stone flying into the windshield of a car is an accident only for the one who was injured.
This legal position is important in determining the consequences of any accident. And every driver should take it into account when deciding whether he is obliged to stop or not.
According to the Supreme Court, the accident is in a direct cause-and-effect relationship with the actions of the driver. In the case at hand, it cannot be said that if the truck driver had been more careful, nothing would have happened.
An ill-fated stone that ended up on the road could have fallen under the wheels of any car. And if a particular driver was not at fault, then there is nothing to punish him for.
Prove the violation
However, do not rush to get upset. If you find yourself in a similar situation, the judge is not required to follow the Supreme Court decision in the case described above - we are not in the United States, and case law does not apply. You or your lawyer may be able to prove that the car that threw the stone was overtaking you on the side of the road, which is unacceptable, or on a section of the road that was being repaired, where it should have slowed down. It is possible that aggressive driving will be proven if this is confirmed by witnesses or dashcam footage. Then it will be possible to talk about a completely different qualification of the actions of the driver who ran over a stone. Even if he did it unintentionally.
Let us remember that the same Supreme Court recently revoked the rights of a reckless driver whose dangerous maneuver led to an accident, as a result of which another car crashed into a tree. The reckless driver drove away safely, as his car was not damaged, but the court considered that the absence of damage to the car does not affect the qualification of the violation. Therefore, the driver was punished for.
However, today the law allows you to leave the scene of an accident if, as a result of the incident, damage was caused only to property and the participants in the accident have no disagreement about who is to blame for causing the harm. However, even in this case, both drivers must first record the position of the cars, including by means of photography or video recording (Section 2.6.1 of the Traffic Regulations), and then are required to draw up documents at the nearest traffic police post or police department.
How to get insurance
So, if the windshield is broken by a stone, and you only have an MTPL policy, then the insurance company in most cases will not help you, since the culprit most likely disappeared (or simply did not understand that he damaged your car), and besides, no no evidence of his guilt. But if another object gets into the glass, for example, a shovel left on the road by repairmen, then a civil claim can be brought against them. If the accident occurred as a result of a traffic violation committed by another driver, then he will have to compensate for the damage.
If you have voluntary insurance (hull insurance), then you are required to replace the glass at the expense of the insurance company. The arriving traffic police officers will document the accident and give you the following documents: a certificate, a copy of the protocol and a resolution on the case. After which you will need to come with a set of documents to the insurance company and write an application for insured event. The application must be accompanied by a notification coupon - you will be given it on the day of filing the application by the police (even if it happened at night), a certificate in form F3 and a decision to initiate or refuse to initiate a criminal case.
Some insurance companies replace windshields without certificates (with “full comprehensive insurance”). Sometimes the insurance contract stipulates that you can apply without certificates in case of damage to glass elements, one body element, or bumpers, if the damage does not exceed the amount specified in the insurance contract. Moreover, glass elements can be replaced repeatedly. In such cases, the list of documents provided must be specified in the insurance contract and rules. Usually this is a passport, insurance policy, STS and driver's license.
What do you think is the most common car damage? Of course it is. It is the leader among all cases of car damage. Most common cause Damage to the windshield is the impact of a stone. What to do if a stone hits the windshield of your car? In what cases can glass be repaired, and in what cases will it have to be replaced? We will briefly answer all the questions that many car enthusiasts often have.
What happens when a stone hits the windshield? Firstly, it all depends on the speed of impact and the size of the stone, as well as the speed of your vehicle. The make and model of the car also plays an important role. The fact is that many expensive cars are equipped with durable glass, which is more reliable than the glass of inexpensive cars.
But in any case, no vehicle owner is insured against damage to the windshield by stones. And, unfortunately, this happens on the road at the most inopportune moment.
As a rule, if a stone hits the windshield while our car is moving, the nature of the damage will depend on the size of the stone, the speed of the car, and the angle at which the stone hits the glass. Unfortunately, in most cases, stones hit the car windows when we are moving at high speed. As a result, the glass is significantly damaged by the impact of the stone.
True, the nature of the damage is still not predictable. After all, a stone can break through upper layer windshield quickly bounce off and do not cause significant damage to the glass. In this case, only a small chip may remain on the surface of the glass. True, this shallow chip can eventually turn into a crack, which short term may spread over most of the glass surface.
In what cases can a windshield be repaired if a stone hits it?
The answer to this question is quite easy. So, if a stone hits the windshield and leaves a chip no larger than 5 mm in size, then it is quite possible, using special equipment, to repair the glass at a car repair shop that repairs car glass.
So, if the damage to the glass is more than 5 mm in diameter, then replacing the windshield is recommended.
There is also no point in repairing a windshield that has developed a crack after being hit by a stone. Unfortunately, it is very, very difficult to stop the crack from spreading. In addition, no one will give you a 100 percent guarantee after repairing glass with cracks.
In addition, whether the car window can be repaired after being hit by a stone depends on the area in which the damage occurred. For example, if a stone hits the glass from any edge (within 10 cm from the edge on each side), then it is recommended to replace the glass with a new one.
In particular, it is worth replacing damaged glass with a new one if it was damaged by a stone in the driver’s field of vision. As a rule, the driver’s field of vision that falls on part of the windshield is an area on the glass the size of an A4 sheet of paper.
In this case, any chips and other damage will be visible to the driver while the car is moving. This will not only greatly distract the driver, but also strain the eyes. As a result, the driver will become tired behind the wheel in a short time, which will naturally lead to a decrease in concentration while driving. You understand that this is very dangerous.
We would also like to note that a stone can deeply damage the windshield by breaking through the inner layer that contains the protective film. In this case, to resolve the repair issue, you must show the car to a windshield repair specialist. Upon inspection, the technician will quickly determine whether the glass can be repaired.
What will glass damage look like after repair?
Many car enthusiasts who have damaged their windshield often ask questions - “What will the surface of the glass look like after the repair?” or “Will the location of the damage be visible after the glass is repaired?”
We want to reassure you. If you contact a professional who works with expensive materials and has sufficient experience in repairing car glass, then if the glass is subject to cosmetic repairs, you are unlikely to notice the damage. Of course, the nature of the damage and the location of the chip depend on whether a stone chip is noticeable on the glass. Nevertheless, modern technologies They really help remove chips from glass so that they are difficult to notice in the future. That is, in fact, after repair the glass will acquire the same appearance as before the damage.
Is it worth the insurance to replace your windshield if it can be repaired?
Many car owners buy Casco policies to protect their property from damage. Many in last years stopped requiring a certificate of accident in case of damage to one or more car parts.
For example, the current practice when insuring a vehicle under a Casco policy is that insurance companies are ready to send the car owner free of charge to a specialized auto repair shop to replace the windshield if it is damaged, without registering the damage and, in some cases, even without examining it by an expert.
As a result, many car owners turn to such a service, replacing a chipped windshield with a new one. But it would be okay if the replacement actually takes place due to severely damaged glass. But sometimes the desire of the car owner to return the money for the paid Casco policy leads them to the point of absurdity. For example, it is not uncommon for car owners to replace a virtually new windshield that has 1-2 small noticeable chips. Yes, of course, a new windshield is always better than an old one. But there is one thing.
Many auto repair shops, at the direction of insurance companies, install non-original windshields, which, unfortunately, are noticeably inferior to the quality of original factory glass. Although the workshops will assure you that the glass installed on cars fully corresponds to the quality of the original. Don't believe it.
An original windshield costs a lot of money and it is unlikely that such offices will be generous with the installation of expensive glass. Remember that the insurance company will not work with an expensive car service. Any insurance company always wants to save money on repairs. So if you changed your windshield under a Casco policy, then most likely a non-original windshield was installed on your car, which, as a rule, is thinner than the original, softer (such glass is damaged faster) and has a less efficient design due to the peculiarities of the tide technology.
We also do not recommend replacing the original windshield with a new one unless absolutely necessary, also due to the fact that the installation of the new glass will not take place in the conditions of the car plant and, accordingly, regardless of the experience of the workshop specialists, the windshield will not be installed as well as at the car manufacturer’s plant.
Remember that it is very difficult and expensive to glue a windshield with the same quality as at the factory.
Yes, there are Casco insurance policies that cover damage through repairs at official dealers, where original spare parts will be installed on the car. But, unfortunately, such Casco policies are much more expensive. In addition, as we have already said, even when installing a new original windshield, the quality of the gluing will probably be worse than when installing the glass at the factory.
