What Happens If Someone Hits a Parked Vehicle and Drives Away?

In India, hitting a parked vehicle and leaving the scene without taking responsibility is considered a hit-and-run incident, which is a serious traffic violation. Under the Motor Vehicles Act, this behavior is not only unethical but also punishable by law. The consequences can vary depending on the severity of the damage and whether the vehicle owner or any witness files a complaint. This act is regarded as negligence and can result in both civil and criminal liabilities.

Key Rules and Regulations:

Hit-and-Run Law:

According to the Motor Vehicles Act, a person involved in a hit-and-run accident is legally required to stop and inform the authorities or the vehicle owner. If the driver leaves the scene, it is a violation under the law, specifically categorized as a criminal offense.

Duty to Inform:

The person causing the accident is obligated to either inform the vehicle owner directly or, if that is not possible, report the incident to the local police station. Failure to do so is classified as a hit-and-run violation.

Insurance Claim:

If the responsible party leaves the scene, it complicates matters for the victim's insurance claim. The victim's insurance may not cover the repair costs if the driver is not identified or caught. However, the vehicle owner can still report the incident to their insurance company and the police for further investigation.

Legal Consequences and Penalties:

Penalties for Failing to Stop (Section 185, Motor Vehicles Act):

Under Section 185 of the Motor Vehicles Act, if a person hits a parked vehicle and drives away, it is treated as leaving the scene of an accident without taking responsibility. The penalties can range from a fine to imprisonment, depending on the severity of the damage or injury caused.

Fine and Imprisonment:

The penalty for leaving the scene of a traffic accident is typically a fine of ₹1,000 to ₹5,000. However, if the damage to the parked vehicle is substantial, or if the accident leads to injury or fatalities, more severe penalties, including imprisonment, may apply.

The responsible party can face imprisonment for up to six months or more, depending on the court's judgment and the damage caused.

Criminal Offense:

Leaving the scene of an accident where a vehicle is damaged can be considered a criminal offense under Section 279 (Rash Driving) and Section 337 (Causing Hurt by Negligence) of the Indian Penal Code (IPC). If the damage is significant or there is recklessness involved, criminal charges can be filed.

FIR Registration:

In cases of hit-and-run incidents, an FIR (First Information Report) can be filed against the responsible party. The police may investigate the scene, and depending on the circumstances, they may charge the individual with negligence or rash driving.

Liability for Damage:

If the person who caused the damage is found, they will be liable for the repair costs of the parked vehicle. If the responsible party cannot be identified immediately, the vehicle owner may be forced to pay for the repairs themselves, though they can seek compensation later once the responsible individual is found.

Traffic Point System:

In some regions, the traffic point system applies, where points are deducted from the driver’s record for violations. Accumulating too many points can lead to suspension or revocation of the driver's license.

How Does a Hit-and-Run Affect Road Safety and Vehicle Owners?

Impact on Vehicle Owners:

A hit-and-run not only leaves the vehicle owner with the burden of repair costs but also creates complications in the insurance claim process. If the responsible party is not found, the victim may have to bear the financial loss.

Increased Road Hazards:

Leaving the scene of an accident also increases road hazards, especially if the damaged vehicle is left in a dangerous position. It can cause further accidents if not immediately attended to by the authorities.

Discourages Accountability:

Such actions create a culture of non-accountability on the roads, where drivers may feel they can evade responsibility after causing damage, which ultimately undermines the rule of law and the spirit of road safety.

Example:

If a driver in Bangalore accidentally hits a parked car while reversing and leaves the scene without leaving their details or informing the police, they are violating the Motor Vehicles Act. The vehicle owner discovers the damage and files an FIR. The police then investigate the case using CCTV footage or witnesses. If the driver is found, they will face a fine of ₹1,000 to ₹5,000 and possibly imprisonment for up to six months, in addition to being liable for the repair costs of the damaged vehicle.

Steps to Take if You Are a Victim of a Hit-and-Run:

Report the Incident to the Police:

The vehicle owner should immediately file an FIR with the local police. The report should include all details about the vehicle's damage, any potential witnesses, and surrounding circumstances.

Document Evidence:

If possible, gather witness statements, take photographs of the damage, and note down any details about the suspect vehicle (such as license plate number, vehicle color, and model).

Check for CCTV Footage:

CCTV cameras around the incident area can provide valuable evidence in identifying the responsible party.

Contact Insurance:

Inform the insurance company about the incident. If the responsible driver is identified later, the victim may be able to recover the repair costs from the at-fault driver’s insurance.

Conclusion:

Hitting a parked vehicle and driving away without informing the owner or reporting the incident to the authorities is a hit-and-run violation that carries significant legal consequences, including fines, imprisonment, and criminal charges. It is crucial for drivers to stop and take responsibility for their actions to ensure that the rights of the vehicle owner are respected and road safety is maintained.