Actions of the culprit of an accident according to the European protocol

Conditions for the culprit of an accident under the European protocol

The article on the Euro Protocol was introduced by Federal Law back in 2014, according to which car owners involved in an accident have the right to register it without the involvement of police officers. But, as with the usual recording of a traffic accident, in this case there are two parties, namely the victim and the initiator.

If the first person in such an incident receives compensation in any case, subject to a valid car insurance policy, then the culprit of the accident under the European Protocol must do everything possible so that it is not he, but the insurer, who has to pay.

Since the registration of an accident occurs without the participation of authorized police officers, in order to compensate for losses caused to a third party, the initiator of the incident must comply with a lot of conditions. Otherwise, the company has the right to refuse to pay compensation for its client or to demand from him the further amount paid in the form of recourse.

Conditions for registration of road accidents according to the European Protocol in 2019

Undoubtedly, any motorist who is involved in a minor traffic accident will not want long clarifications and proceedings in the presence of traffic police officers, who have the right to issue a fine for violating traffic rules.

This right to independently document the incident is given to each of the participants in the accident, and it significantly saves the time of both car owners. The European protocol itself was introduced with the aim of relieving traffic on roads.

This method of issuing a notification about an accident saves the fact that traffic participants quickly draw up a protocol indicating the circumstances of the incident, and then leave the scene of the accident without interfering with the rest of the traffic.

But despite the fact that the law on the Europrotocol is quite beneficial, not all motorists trust it. The fear of being left without payment under compulsory motor liability insurance is reinforced by ignorance of the registration procedure, as well as the conditions under which such a protocol is drawn up. Consequently, car owners call traffic police inspectors and wait for them to formalize everything according to the protocol, while occupying the roadway and disturbing other drivers by creating traffic jams.

Drawing up a notification according to the European standard protocol is possible only if all the conditions listed below are met:

In a car accident, two vehicles were damaged and the damage was not severe. If three cars are involved in an accident, then such a report cannot be drawn up and you will have to wait for the traffic police.
Damage was caused exclusively to vehicles, and the participants in the incident themselves were not physically harmed. This condition also applies to pedestrians, i.e. there should be no casualties.
The property being transported by motorists at the time of the accident was not damaged, as were buildings, poles and monuments.
Car owners must be insured by a compulsory insurance policy. A valid “Green Card” policy is allowed if a domestic “motor citizen” is not issued.
Both participants have similar opinions about what happened and do not want to call the traffic police officers to the scene.
If there are disagreements, then issuing a notification is possible only if one of the participants in the accident has GLONASS system data.
Upon visual inspection of the damage to the victim’s vehicle, the damage does not exceed 100,000 rubles.

Actions in case of an accident before registration of the Europrotocol

Since even a minor incident on the road is considered an accident, in the case of documenting a road accident according to the European protocol, car owners are required to act in accordance with traffic regulations. The procedure for drivers’ actions is the same, regardless of the nature of the damage and the nature of the damage caused or received as a result of a collision between two cars.

Of course, the responsibilities of the culprit under the European Protocol are much greater than those of the victim, but both drivers must comply with the following sequence of actions:

Be sure to stop and turn off the engine of your car.
Put up emergency signs and turn on lights so that there are fewer casualties in an accident.
Make sure that the injured party did not suffer injuries or physical injuries. As mentioned above, if the driver’s health has been affected, then compulsory motor liability insurance under the European Protocol is not drawn up. In this case, if there are no victims, it is necessary to discuss the registration details with the victim and offer to record the incident independently, without attracting the attention of the traffic police.
The new conditions for registering an accident under the European Protocol are such that participants do not have to share their views on how to register an accident on their own. But we must not forget that disagreements will not be taken into account only if the driver who decided to issue a European Protocol in case of an accident has a built-in GLONASS system, which is capable of providing evidence of the incident.
If both participants in the accident share an opinion about the insignificance of the incident, then registration under the Europrotocol is possible.
Both drivers need to record traces of the incident using a camera or phone. Be sure to take a photo of the braking area, broken parts of the body, as well as state signs of both vehicles.
Next, you need to fill out a notice, the form of which is issued by the insurer when purchasing an MTPL policy. One copy of the accident notice is taken and filled out by both participants, each in its own column.

Actions of the culprit of an accident under the European Protocol in 2019

If, as a result of your carelessness, other vehicles became participants in a traffic accident and suffered as a result, then the initiative to independently record the accident should come from the culprit.

But before you offer the injured driver to independently fill out the Europrotocol form, you need to remember the requirements that apply to this type of notification. Therefore, if all conditions are met, then the participants in the accident must go to the insurance company and provide the insurer with their copy of the notice as soon as possible.

When drawing up this type of accident report, it is the accident initiator who needs to do everything correctly and quickly, because if you do not provide the Euro protocol, the fine to the culprit of the accident will be equal to the amount that the insurer will pay to the victim. In order for the insurance company to continue to represent your interests in the event of an accident, your auto insurance policy must be in effect at the time of the accident.

If there is no compulsory motor liability insurance policy, the European accident report will not be issued, and if the participants do issue it, then in any case, the culprit will have to pay compensation to third parties from their own funds. But not only the current “motor citizen” guarantees that the culprit will not be left without help from the insurer.

So, if the culprit did not provide the Europrotocol to his insurance company, then responsibility for compensation for damage also falls on him. The main thing that the initiator of the incident must do is to notify his insurer about the incident by providing a notification form for this purpose.

The injured party in any case, i.e. regardless of whether the culprit provides the protocol or not, he will receive due compensation from the company protecting the interests of the guilty party.

How to properly file a notification in case of an accident in 2019

Having come to a mutual agreement regarding the independent recording of a traffic accident, each of the participants must fill out their side of the notification.

The filling procedure also has certain rules, namely:

Use only a ballpoint pen. Gel ink or pencil will not work, because in the first case they can be smudged, and in the second they can be erased.
For the culprit of an accident, the European Protocol and its correct filling out are more important than for the victim, therefore, it is necessary to ensure that the second participant in the accident does not enter unnecessary information and indicates the circumstances of the incident similar to yours.
The nature of the damage and other circumstances of the incident must be indicated in detail, but using terms such as scratches, chips, dents, etc.
If the participants in the incident have doubts about the correctness of the damage assessment, they have the right to contact an independent expert or emergency commissioner. Often, hidden damage that was not identified during the preparation of the report will not be restored at the expense of the company of the at-fault insured.
After filling out the front side of the European standard protocol, it is signed by the participants in the accident and divided in half, each with their own side. Signatures are placed not only on their own parts of the form, but also on the side of the culprit/victim.
If the victim refuses to sign the form, then you will have to resort to the help of traffic police officers, who will draw up a protocol according to the standard.
If the participants in the accident have no claims against each other, then after they have drawn up the European Protocol according to the rules, observing and filling out all the points specified in it, it is necessary to notify the insurance company about the accident, since it is they who will make payments to the victims.

What should the culprit of an accident do after completing the Europrotocol?

The completion of the recording of a road accident occurs after both participants in the accident provide their copies of the notices to the insurers. If, in the case of a victim, he has the right to turn to both his own and the insurer protecting the interests of the culprit of the incident, then the latter must notify the insurance company about what happened.

If the culprit has not passed the Europrotocol, then he risks that the insurer will refuse to pay compensation for him to the injured car owner and the costs within the established limit will fall on the shoulders of the initiator of the accident.

It is also worth considering that at the time of the accident, the victim’s car could have suffered damage for an amount greater than that covered by the European protocol, which means the injured driver has the right to demand the missing amount from the culprit for repairs. To avoid such situations, you need to take a receipt from the victim stating that he has no claims against the culprit regarding damages that can be identified after drawing up the report.

Deadlines for submitting notification to the insurance company

The time within which both parties to the accident must contact the insurer is specified in the law. So, within 5 days after the accident, the culprit is obliged, and the victim can contact the insurance company to notify it of the incident. After contacting the insurer, the initiator of the accident must receive a document indicating that the insurance company accepted the notification within the period specified by law.

If the person at fault for the accident did not bring the report on time, the company has the right to make a recourse claim, according to which the insured will be forced to pay compensation from his own funds.

Compensation for damage under the European Protocol in 2019

As mentioned above, the amount of damage when drawing up a European-style protocol should not be significant, namely, not exceed the amount of 100 thousand rubles. If a visual inspection, assessment by an expert and other professional persons indicates that the damage is estimated at a large amount, then it is necessary to resort to registering the accident in the presence of traffic police officers.

Possible difficulties and problems

The main task that falls on the shoulders of the initiator of a road accident is timely notification of the insurance company about the incident. If you miss the deadline, recourse requirements will be applied to the driver.

Once the notice is accepted, both parties involved in the accident are prohibited from making repairs to their vehicles until the insurer carries out an inspection and gives permission to do so. If you resort to repairs earlier than 15 days from the date of the incident, the company has the right to refuse payments. If this happens, the injured party will have to go to court to get money for repairs from the culprit.

What is the danger of the Euro Protocol for the culprit of an accident?

As you know, when registering a road accident under compulsory motor liability insurance, the parties have the right to do without traffic police inspectors. This procedure for interaction between participants in an incident and insurers is called the “Europrotocol”. It allows you to significantly save time if the cars have received minor damage.

Many car owners still treat the Europrotocol with distrust. Moreover, we are talking about both victims and perpetrators of road accidents. The fears of the latter are completely justified, because for them, registering an accident without the participation of a traffic police inspector can have serious consequences. What does the at-fault driver need to know so as not to encounter an unpleasant surprise?

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The culprit always takes risks

The rules of compulsory motor liability insurance provide for the right of the victim to demand compensation for damage from the culprit of the accident when compensation under the “Euro Protocol” is not enough to repair the car. In this case, the victim cannot make property claims to the insurer who paid the compensation.

In other words, the restoration of the victim’s car is paid for by the culprit, but only when the cost of repair exceeds the maximum payment under the Europrotocol. In this case, the victim has the right to demand compensation for damage without taking into account wear and tear of parts. As a rule, in such circumstances, at-fault drivers do not agree to voluntarily pay for repairs. Naturally, only a court can resolve a dispute between participants in a road accident.

It is noteworthy that the amount of the culprit’s debt is determined on the basis of paid repair bills. Of course, for the guilty party, such a scenario becomes a nightmare, especially when it comes to a large sum of money.

It turns out that the at-fault driver paid for insurance, but still must partially pay for repairs to the victim’s car. To top it all off, the tariff in the MTPL calculator will increase for him, because the insurance company made a payment within the amount of compensation under the Europrotocol.

Thus, the person at fault for a traffic accident always runs the risk of facing unexpected expenses. Therefore, you need to be very careful when registering an incident without calling traffic police inspectors. In addition, in the case of the Europrotocol, the guilty driver can always resort to a little trick.

How to avoid problems?

Let’s say the driver has no doubt that it was he who provoked the incident, and the victim offers to file the incident according to the “European Protocol”. In this situation, the first thing you need to do is assess the nature and extent of the damage. Of course, sometimes it is very difficult to determine how much it costs to repair any part of someone else’s car.

In this case, it is advisable to contact the car manufacturer's dealer to have at least an approximate idea of the cost of restoration work. At the same time, you should not trust the victim’s assessment, because he may be wrong. In addition, he may simply lie in order to be able to repair the car without taking into account wear and tear.

If the culprit of the accident has the slightest suspicion that the cost of repairs exceeds the maximum payment under the Europrotocol, the accident should be registered with the participation of traffic police officers.

It will take more time, but the guilty driver will be sure that he will not be subject to financial claims in the future. When registering an accident involving police officers, the maximum payment is half a million rubles. The culprit will have to pay extra for repairing the victim’s car only if the cost of restoring the car exceeds the specified amount.

Another option

If the victim for any reason does not want to seek help from the traffic police, the person responsible for the accident should receive a receipt from him indicating that there are no claims. This document must indicate:

“I have no financial claims against the culprit of the accident regarding damage to my car in excess of the maximum possible insurance payment under the MTPL agreement under the Europrotocol.

The victim must put the date of issue of the receipt and signature. In addition, it is advisable that he indicate the following information.

Date and circumstances of the incident.
Information about the vehicles involved in the accident.
Details of those involved in the incident, including driver's license numbers.

If possible, the receipt must be certified by two witnesses. The document should definitely indicate their details, as well as contact coordinates. The testimony of witnesses will be useful if the victim wants to challenge the receipt in court.

Unfavorable outcome

So, if the at-fault driver decided to do without calling the police and did not demand a receipt from the victim, he may find himself in a difficult situation. It is best to evaluate the consequences of such a choice using a specific example.

Example

As a result of the accident, the bumper, headlight and fender were damaged. The victim received the maximum possible payment under the Europrotocol. At the same time, the independent expert indicated in his conclusion that the bumper and fender can be repaired, and the headlight should be replaced.

Subsequently, the victim handed the car over to the dealership service station employees for repairs. During the repair process, it turned out that the bumper and fender needed to be replaced. Accordingly, this automatically increased the cost of restoring the car. As a result, the victim did not have enough compensation under the Europrotocol to fully pay for the repairs.

He went to court to recover from the person responsible for the accident the difference between the cost of repairs and the amount of insurance payment. The court satisfied the claim, using the car service invoices when assessing the damage. The culprit of the incident has almost no chance to challenge such a court decision, which means he will be forced to pay all the victim’s expenses for repairs.

In addition, you need to remember that the victim received a payment under the Europrotocol, therefore, the culprit driver will pay more for the renewal of insurance. As you know, the presence of accidents increases the cost of compulsory motor liability insurance for all insurers without exception.

The culprit of an accident according to the European protocol

The culprit of an accident should take a number of actions to avoid an unpleasant situation. For this purpose, registration according to the European protocol is used. The innovation began to work in 2018 and is aimed at receiving payments under the MTPL policy in accordance with the new registration rules, without waiting for the arrival of State Traffic Inspectorate employees.

What is the Europrotocol?

The European Protocol is a document that allows you to resolve a traffic accident without the escort of traffic police officers.

Participants in an accident can independently fill out a unified Euro form and enter the necessary data about the incident. The form allows you to compensate for losses with the help of insurance companies.

The European protocol form is issued by the insurance company free of charge to the client-driver. If the form is lost or damaged, you can write an application for re-issuance.

When is registration possible?

Drawing up a European standard protocol is possible in the following situations:

when both drivers resolve their differences independently without the involvement of state traffic inspectors;
when the traffic accident is minor, was non-fatal and did not cause harm to the health of one of the parties;
when both vehicles are covered by the MTPL insurance policy.

IMPORTANT! The protocol is not used in a situation where any of the participants is under the influence of alcohol or drugs.

Also, CASCO insurance holders can file for minor damage after an accident on their own based on a document prepared and issued by the Central Bank. The amount of payments under the European protocol for both types of policies does not exceed the following amounts:

50,000 rubles for regions;
400,000 rubles for Moscow and the region, for St. Petersburg and the Leningrad region.

What actions should the victim take before drawing up a report?

The algorithm for action in case of an accident before drawing up a Euro-format protocol for its participants is as follows:

Stop traffic, stop and turn on the hazard warning lights, if available, place the appropriate sign 15-30 meters before the scene of the incident.
Make sure that no people were injured in the accident and offer to draw up a European protocol.
Check the availability of insurance policies and their validity period (they must not be expired).
Take photographs and videos to record damage (general plan, skid marks, debris, broken elements, damage).
Preserve traces of the accident and assess the damage incurred.

If possible, it is necessary to find witnesses and record their testimony and contact information.

Procedure for registration without calling the traffic police

After the participants in the incident are convinced of the integrity of their health and agree not to call the traffic police officers, they can proceed to drawing up a European protocol. Some insurers offer an additional service - calling a commissioner. An insurance specialist goes to the site and, for a fee, fills out the report instead of the drivers.

You must fill out the form following the rules:

use a ballpoint pen;
one common side and each side separately are filled in by drivers;
both drivers put two pairs of signatures;
After filling out, the protocol is cut into two sides; changes are allowed, which are confirmed by signatures.

Filling out the front side

The front side is filled out as follows, step by step:

Location of the incident - name of the locality or route number, specify the area, street.
Date of the accident - coordinate the time with other participants and enter the most accurate date of the accident.
The number of damaged vehicles is set to 2, since the European protocol cannot be issued if there are a larger number of participants in the accident.
The number of injured or dead is indicated by a dash; if harm is caused to health, then the traffic police must be dispatched.
Medical report - written “no”.
Damage caused by another car is also written “no”, since there must be only two participants in the accident.
Witnesses - details of eyewitnesses, their place of residence and telephone numbers for contact.
Registration by traffic police inspectors - the word “no” is marked.
Next, according to the protocol, there are two columns A and B for each driver separately. They fill them out one by one, no matter whose car fits in first.
To be filled in the column - full name of the driver, insurance company (names and information about the policy).
Location of initial impact and amount of damage.
Remarks - indicate whether you are guilty of the accident or not.
Circumstances - each driver independently records the events and characteristics of the accident, indicating their total number.
Road accident diagram - graphically depict a vehicle after an accident, the direction of their movement before the collision, indicate the name of the street (route number), display road signs and important elements.

After filling out, this side is signed by both drivers.

Filling the reverse side

The second page of the Euro form is also filled out separately by each driver:

Information about the vehicle - the letters A or B indicate one of the vehicles.
Circumstances of the incident. A brief explanation of the events that occurred, the time and date of the accident, circumstances and events.
Being under control. Indicate the person who drove the vehicle (owner or third party).
Can a car move under its own power?
Note. The presence of photo or video recording is indicated here.

REFERENCE. To ensure that you fill it out correctly, you can call an insurance agent who will tell you how to fill out the form.

What are the next steps for registration?

After completing and signing, the participants in the accident can then leave the scene of the accident. One of the participants is responsible for delivering the European protocol to the insurance company. This is usually done by the person responsible for the accident.

The insurance company will need to provide documents related to the case:

numbers and copies of insurance policies;
copies of drivers' passports;
driver's licenses.

The company writes an application for compensation and provides a package of documents.

ATTENTION. You must make sure that the insurance agent has accepted the documents for review. To do this, the citizen must request a number that is assigned to the case during review, a contact telephone number and the full name of the insurance agency employee who accepted the documents.

If it is not possible to deliver the protocol in person, then you can send it by mail in the form of a registered letter, and also additionally enclose copies of all necessary materials. Photos and video materials can be sent via the company’s website by email.

Also, for 15 days, drivers do not have the right to repair the vehicle themselves, since the insurance company may request an independent examination to assess the damage.

Do I need to notify my insurance company?

According to Article 11.1, paragraph 20 of Federal Law No. 40, after filling out the European protocol, the participant in the accident must deliver the document and notify the insurance company within 5 days after the incident.

If documents are submitted later, the insurance company has the right to refuse payments.

The person at fault for an accident can carry out the registration procedure independently without the participation of traffic police officers.

To do this, the accident must occur without causing harm to people and not under the influence of drugs/alcohol.

After the participants in the accident have drawn up a European protocol, the next step is to notify the insurance companies about the incident. If completed correctly, citizens will receive compensation.

How to draw up a European protocol in case of an accident

Without police, excitement and mistakes

They drove into the back of your car at a traffic light.

There is little damage: a dent on the bumper, a bent license plate and a broken fog light. The second driver does not deny his guilt.

If the police are called, it will take half a day to register the accident. And this is not counting the need to go to the department for a certificate of an accident, without which you will not receive payment under compulsory motor liability insurance.

But you can do it in one hour and not have to go to the authorities for information. To do this, it is enough to register an accident according to the European protocol.

Briefly: how to apply for a European protocol

Carry the accident notification form with you. It is issued free of charge by any insurance company.
Install the “Road Accident Euro Protocol” application via Epstore or Google Play.
Make sure that your accident complies with the requirements of the European protocol.
Fill out and sign the notification of an accident - this is a paper version of the European protocol.
Take photographs of the damage, the circumstances of the accident and documents.
Determine the address and coordinates of the accident.
Send everything to a single system through the application and wait for confirmation. If both participants in an accident use the application, they do not need to go anywhere else.
Bring the completed paper notice to the insurance company where you purchased the MTPL policy.
At the company's office, write a statement of loss according to the sample accepted by the company.
If you are the culprit of an accident and have completed everything according to the European protocol, be sure to notify your insurance company of the fact of the accident within five days.

What to do after an accident

The actions of participants in an accident after an accident are prescribed in the traffic rules. Regardless of who is at fault for the incident, follow these steps:

Stop.

If these requirements are not met, the insurance company may refuse to pay. Sometimes more severe consequences are possible. For example, leaving the scene of an accident is punishable by deprivation of your license.

What is the Europrotocol

The European protocol is a procedure for registering an accident without calling the police. Drivers fill out documents on the spot to receive payment under compulsory motor liability insurance and drive off calmly.

This practice has been successfully used abroad for a long time. Hence the name.

The European protocol is valid throughout Russia. Even if your car is registered in Moscow, and you drove into it in Vladivostok, you can still use it.

According to the European protocol, you can receive no more than 100 thousand rubles for a damaged car.

Actions in case of an accident - what should the culprit do after drawing up the European Protocol?

Not all motorists will be able to immediately answer the question of what to do for the person at fault for an accident after drawing up the European Protocol, and this document has its own specifics.

Any insurer of their vehicle should be aware of the problems that may arise after registration of the Europrotocol.

The correct actions of the person responsible for the incident will help avoid serious financial losses for him.

Possible risks

It is not for nothing that the European protocol for road accidents came to Russia from abroad, where it has been used for a long time and with success. Essentially, this is a civilized way to solve a problem after an accident without involving the traffic police.

Such a protocol can be drawn up only if two cars are involved in an accident and without serious consequences for the health of the participants in the incident. The document, if one of the drivers has the form, is filled out voluntarily by both parties when the culprit of the accident fully acknowledges his guilt. You can find out more about the cases in which the European Protocol is drawn up in case of an accident here.

What does the culprit of an accident risk by agreeing to draw up a Europrotocol? When assessing damage at the scene of the accident, the parties agree that the amount does not exceed the maximum insurance payment and sign a document. The insurer makes payments to the injured party within the limits of compensation provided for under the Euro Protocol. However, there is then a danger for the culprit to incur additional costs. Find out more about the features of insurance payments under compulsory motor liability insurance under the European Protocol in case of an accident in a separate article.

According to the rules of compulsory motor liability insurance, the injured party has the right to full compensation for all costs caused by the elimination of damage. During the repair, problems are identified that lead to a significant increase in the required amount for its implementation.

At the same time, the insurer of the guilty party will no longer compensate for losses after the payment has been made. In this case, the victim goes to court, where he provides documents about actual losses. The court, as a rule, rules in his favor.

As a result, the person responsible for the accident is sometimes forced to pay a large sum out of his own pocket . It must be remembered that when drawing up an accident report with the participation of the traffic police, this amount would be paid in full by the insured if it does not exceed 500,000 rubles. In addition, the culprit will also suffer financial losses caused by an increase in the cost of compulsory motor liability insurance for him due to the presence of an accident, because The bonus-malus ratio will increase.

Video about possible problems when registering the Europrotocol:

Actions after compilation

An accident occurs in which one of the drivers realizes that he is the culprit. Naturally, the question arises as to whether it is necessary to call a traffic police officer. To solve it, first of all, the real situation is assessed:

participation of only 2 cars;
absence of serious injuries among drivers, passengers, pedestrians;
severity of damage.

Further, in order to make a decision in favor of the Europrotocol, one should realistically assess the degree of damage to the damaged vehicle. You should not trust only the opinion of the other party. The victim may make a mistake when giving the amount, or deliberately underestimate it in order to exclude depreciation from being taken into account when determining the repair bill.

Find out more details about what the culprit and the victim should do after drawing up the European Protocol in case of an accident, and where to contact the victim in an accident in a separate article.

Do I need to go to the insurance company?

The right to resolve this issue remains with the policyholder. In accordance with the MTPL Law, he is obliged to report the incident and send a Notice to the insurer, but how he does this is not regulated. The culprit of an accident can do the following:

Personally visit the company's office and hand over the Notice. In this case, it is important to remember that the fact of transfer must be clearly recorded. You should definitely keep a copy of the Europrotocol with you, and receive a document indicating the date of receipt from the person who accepted the original Notification.
If the culprit cannot take the document to the insurance company himself, he can send a Notice to the insurer by registered mail with return receipt requested. An inventory of the attachment must be compiled at the post office.

Responsibilities

In accordance with the current rules for drawing up the Euro Protocol, the culprit of the accident is obliged to take the following measures:

Together with the injured party, fill out the accident notification form (as the Europrotocol is correctly called). The document has 2 identical halves, after dividing which one remains with the victim, and the other with the culprit of the accident.
Fill out the back of your half of the form. Find out more about preparing a notification of an accident according to the European Protocol here.
Send your half of the Europrotocol to the insurance company no later than 5 days after the accident (find out more details about the deadline for submitting a notice to the insurance company here). You can submit the notice by visiting the company's office in person or by sending it by mail, but the sooner this happens, the better.
After the accident, the culprit of the accident is obliged not to repair or dispose of the car for 15 days. This requirement is established by subparagraph “h” of paragraph 1 of Article 14 of the “Law on Compulsory Motor Liability Insurance”. In addition, upon first request, he must provide the car for inspection by the insurer's experts within 5 days.

A receipt from the victim will help avoid additional payments to the culprit. In it, he must clearly indicate that the amount of his claim cannot exceed the maximum insurance payment under the Euro Protocol. It is advisable to indicate additional information in the receipt:

date and description of the accident;
information about both vehicles and drivers, including information about their driving licenses.

Consequences of wrong actions

The rights of all participants in an accident under the European Protocol and the insurance company are regulated by amendments dated 02.08.2014 to the Law on Compulsory Motor Liability Insurance. The insurer of the culprit of the accident pays insurance compensation within the maximum amount at the request of the insurer of the injured party.

After this, all the rights of the victim in terms of claims against the culprit are transferred to him. In particular, the insurer has the right of recourse to the insurance payment in accordance with Art. 14 Federal Law No. 40 .

Regression, i.e. the demand for the return of the amount paid by the culprit of the accident is determined only through the court at the claim of the insurer. It may occur in the following circumstances:

A copy of the Europrotocol, which remained with the culprit and signed by both parties, was not sent to the insurer. The deadline for sending a notice is 5 working days after drawing up the Europrotocol; an explanation of this condition is contained in the Information Letter of the Bank of Russia dated March 26, 2019 N IN-06-59/26. The document was canceled by Information Letter of the Bank of Russia dated September 20, 2019 N IN-06-59/71.
The culprit of the accident repaired his car or handed it over for recycling within 15 days from the date of the accident. Such an action is assessed as concealing the circumstances of the incident. The period is counted only on working days (excluding weekends and holidays).
The person at fault for the accident did not submit his vehicle for inspection to the experts of the insurance company within 5 days after receiving written notification. The insurer has every right to conduct an independent technical examination of the car to clarify the circumstances of the accident.
General circumstances:

driving while intoxicated;
gross violation of traffic rules, which is punishable by deprivation of a driver’s license;
intentionally causing damage to another vehicle.

All of these circumstances give the insurer the right to regress the insurance payment that was previously transferred to the injured party. The entire amount paid, as well as legal costs, will be refunded .

What happens if you do not submit a notice to the insurer?

There is a real loophole in the MTPL Law for the insurer to compensate for its costs. In accordance with Article 11.1 (clause 2), the culprit is obliged to notify him within 5 days, and Article 25 clearly indicates the insurer’s right to refuse payment in case of violation of the insured’s obligations. Thus, a delay of even 1 day allows the insurance company to resort to recourse.

The insurer files a lawsuit demanding the recovery from the culprit of the accident of the amount previously paid to the injured party, and this amount can reach 100,000 rubles.

You can try to prove the excessiveness of the claim by arguing that a delay of several days did not lead to financial losses for the policyholder, but the chances of winning the case are minimal. You will also have to pay legal costs, which can reach 1,700 rubles.

Regression can be avoided only if there are good reasons that the court is ready to take into account. Thus, if the person at fault for the accident does not subsequently go to the insurance company and provide a Notice, he can cause himself serious problems.

The European protocol for road accidents makes it possible for victims to receive insurance compensation without wasting time on calling traffic police officers to the scene of the accident and drawing up the appropriate protocol. For the guilty party, if the damage is less than the maximum payment amount, it is also beneficial. If the driver admits his guilt, then he does not need unnecessary problems with the traffic police.

However, the Europrotocol also poses a certain danger for the culprit associated with the risk of subsequent payments out of his own pocket. Only correct actions on his part can avoid problems.

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