How to file an accident under the new rules
What to do in case of an accident
1. What to do in the first minutes?
If you are involved in a traffic accident, your first responsibility is to:
- stop the vehicle, turn on the emergency lights, put up a warning triangle to warn other drivers about the danger. The sign is installed at a distance of at least 15 meters from road accidents in populated areas and at least 30 meters outside them. Failure to comply with these requirements entails administrative punishment - a warning or a fine in the amount of 1000 rubles (Part 1 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation);
- check whether there are any casualties among other participants in the incident.
If an accident occurs outside the city, in the dark or in conditions of limited visibility, you need to be on the roadway or side of the road wearing a jacket, vest or cape vest with stripes of reflective material.
Under no circumstances leave the scene of an accident. If you leave the scene of the accident, you may be deprived of your driver's license for a period of one to one and a half years or arrested for 15 days (Part 2 of Article 12.27 of the Administrative Code), and if the accident led to serious consequences or death, you face criminal liability - forced labor or imprisonment for up to 15 years (Article 264 of the Criminal Code of the Russian Federation).
2. What to do if there are victims in an accident?
If there are victims in a traffic accident, you need to:
1. Call emergency medical assistance. In emergency situations (for example, when it is not possible to call an ambulance or the ambulance cannot arrive), you are obliged to send the victims to a medical organization on passing transport. If for some reason this cannot be done, you are obliged to deliver the victims to the nearest medical facility using your own transport. There you need to show your passport or license and STS. Afterwards, return to the scene of the incident.
For leaving a victim without help, you face criminal liability - up to imprisonment for up to a year (Article 125 of the Criminal Code of the Russian Federation).
2. Call the State Traffic Inspectorate:
- ambulance - 03 or 103 from a mobile number;
- Traffic police - 02 or 102 from a mobile number;
- single emergency number - 112.
3. Take detailed photographs You need to take a photo or video camera:
- general plan of the accident scene;
- the relative position of the cars or motorcycles involved in the accident. The road and all nearby non-movable objects must be visible: trees, stops, poles, etc.;
- accident details: brake marks, broken parts, road markings, etc.;
- state registration plates of vehicles involved in an accident (if there are no signs, you need to photograph or videotape the VIN identification numbers);
- both vehicles from all directions;
- damaged vehicle parts.
“>the scene of an accident or film it on video (reference to geolocation is not required).
4. If your vehicles do not allow other road users to pass, you need to take all possible measures to organize a detour to the scene of the incident, including removing the vehicle from the roadway (clause 2.6 of the Russian Traffic Regulations). Failure to comply with this requirement may result in a fine of 1,000 rubles (Article 12.27 of the Code of Administrative Offenses of the Russian Federation).
5. Present your MTPL policy to other participants in the accident and check their MTPL policy. To check the validity of your MTPL policy, you can use the service on the website of the Russian Union of Auto Insurers.
6. Write down contact details of witnesses.
7. Call your insurance company and report the insured event. If the other drivers involved in the accident are able, they should call their insurance companies too.
8. Fill out the notification of an accident (issued by the insurer along with the MTPL policy. Always filled out, and not only when registering an accident without the participation of police officers).
9. Wait for the traffic police officers to arrive to clarify the circumstances and register the accident. After registering an accident, you must be given a ruling to initiate an administrative violation case.
3. What to do if there are no casualties in an accident?
If there are no injuries in the accident, you can:
- register an accident by contacting the traffic police - in this case, traffic police officers either go to the scene or ask you to contact the nearest traffic police post or the nearest police station;
- register an accident yourself and register it at the nearest traffic police post or police department - this method of registering an accident is possible if you and the other participants in the accident have no disagreements about the circumstances of the incident and for some reason you cannot register an accident according to the European protocol (there are no forms notifications of an accident, no insurance policies, more than two cars collided, etc.);
- register an accident under the European protocol - this method can be used if you collided with only one vehicle, you and the second participant in the accident are “inscribed” in the compulsory motor liability insurance policies issued for the vehicles involved in the accident;
- do not file an accident and leave - if all participants in the accident do not need to complete documents. For example, if no property was damaged in an accident, the participants in the accident do not have insurance, the damage is not compensated according to the insurance policy, and the like. If the damage is compensated on the spot, do not forget to leave each other receipts: about the absence of claims regarding the assessment of material damage in connection with the accident and about compensation for the damage caused.
4. How to register an accident according to the European protocol?
You can file an accident in a simplified manner, including online (using the European protocol, without calling traffic police officers), if:
- there are no victims in the accident;
- only two vehicles are involved in the accident;
- Only the cars involved in the accident were damaged;
- both you and the second driver are included in the current OSAGO or OSAGO analogue policies, valid in 48 countries of the world.
“>“Green Card” issued for vehicles involved in an accident;
5. How to file an accident yourself and record it at the nearest traffic police post or police department?
You can file an accident yourself, and then register it at the nearest traffic police post or police department, if you and the other participants in the accident have no disagreements about the circumstances of the incident. To do this you need:
1. Film You need to film with a photo or video camera:
- general plan of the accident scene;
- the relative position of the cars or motorcycles involved in the accident. The road and all nearby non-movable objects must be visible: trees, stops, poles, etc.;
- accident details: brake marks, broken parts, road markings, etc.;
- state registration plates of vehicles involved in an accident (if there are no signs, you need to photograph or videotape the VIN identification numbers);
- both vehicles from all directions;
- damaged vehicle parts.
“>the scene of an accident on a photo or video camera.
2. Write down the last names, first names, patronymics and contact details of witnesses (if any).
3. Fill out the notification of an accident (usually issued by the insurer along with the MTPL policy. It is always filled out, and not only when registering an accident under the European protocol).
4. Contact your insurance company and report the claim. Ensure that other drivers, if they have liability insurance, also contact their insurance companies.
5. Drive together with the other participants in the incident to the nearest traffic police post or police station and record the accident. After registering an accident, you should be given a protocol on an administrative offense, a resolution on a case of an administrative offense, or a ruling on the refusal to initiate a case on an administrative offense.
6. How to fill out a notification about an accident?
Rules for filling out an accident report:
- A notification of an accident is issued by the insurance company when taking out a compulsory motor liability insurance policy. It must be filled out not only when registering an accident according to a simplified scheme, but also in any other cases;
- The notification of an accident consists of two sheets, each of which must be filled out on both sides. The front side is self-copying. Data (circumstances of the incident, information about the vehicle, insurance companies, accident diagram, etc.) must be entered into it together with the second participant in the accident. It is necessary to fill in all the columns and fields on the front side;
- if several cars are involved in an accident, you need to fill out one notification about the accident with the driver of the vehicle in front of you, and the second - with the driver behind you. At the same time, it is necessary to remember that the driver has the right to refuse to issue a notification of an accident together with you;
- After filling out the sheets, you need to separate them and put down signatures confirming, among other things, that there are no disagreements between the drivers. The reverse side of the accident notice is filled out by each driver independently. The original and the self-copy have the same legal force;
- Use a ballpoint pen to fill out the accident notice with enough pressure to ensure a good copy quality. Notes made with a gel pen or pencil may become smeared or erased;
- If you do not have enough space for notes on the accident notice, you can additionally fill out the application using a blank sheet of paper. On the notification of an accident, make a note “With attachment”, on an additional sheet - mark “Attachment”, indicate what this attachment is for and who made it. Applications must be signed by both drivers. The application is prepared in two copies;
- if the accident notice is torn, damaged or difficult to read, you need to fill out a new one;
- Please note that if, after signing and disconnecting the notification of an accident, it is necessary to make adjustments or additions to the document, they must be certified by the signatures of both participants in the accident;
- If for some reason you do not have accident reports, you can contact your insurance company for them. You can also download the notice on the page of the Department of Transport and Road Transport Infrastructure Development (but in this case, the second sheet will not be self-copying, it will have to be filled out separately);
- In new notifications about road accidents there is a field in which you need to mark the presence or absence of disagreements regarding the circumstances of the accident. If you have an old notice, add this information in the notes box.
7. What to do after an accident has been reported?
It doesn’t matter whether you are the victim or the culprit of the accident, after registering the incident, you must submit (in person or by e-mail - by agreement with the insurer) your copy of the accident notice to your insurance company within five days.
If you plan to receive compensation from your insurance company, you will also need to submit an insurance claim statement.
The vehicle cannot be repaired or disposed of without the written consent of the insurance company until 15 calendar days have passed from the date of the accident (except for non-working holidays).
8. What kind of damage can the insurance company cover?
If you are the culprit of an accident and you have a compulsory motor liability insurance policy, your insurer can compensate the victim for property damage in the amount of up to 400 thousand rubles, life and health - up to 500 thousand rubles. If the damage you cause exceeds these amounts, the victim can go to court and recover the missing amount.
If you are the culprit of an accident and you have a DOSAGO policy, the limit of insurance compensation for the victim may be higher, depending on the terms of the contract.
To compensate for damage to your own vehicle, you can sign up for a comprehensive insurance agreement. In this case, the insurance company compensates for damage in the amount specified in the contract.
When registering an accident under the European protocol, the maximum limit of insurance compensation is 100 thousand rubles. If the accident occurred in Moscow or the Moscow region, St. Petersburg or the Leningrad region and you and the second participant in the accident have no disagreements regarding the circumstances of the incident and the presence of damage, you can count on payments (or repairs) of up to 400 thousand rubles.
What to do in case of an accident: procedure
In 2018, more than 168,000 road accidents were registered by the Russian State Traffic Safety Inspectorate. And it is not at all possible to calculate the number of minor accidents in which participants resolve a conflict without representatives of law enforcement agencies. Every driver, even the most careful one, runs the risk of getting into an accident every day and is afraid of it. But you will be much calmer behind the wheel if you know exactly what to do in the event of an accident.
Every day about 450 road accidents occur in Russia
We have prepared a video for you with a short and clear information about the procedure to follow in case of an accident. And then we will analyze in detail how to behave if you are involved in an accident.
First steps in case of an accident
If you are involved in an accident, first assess the situation and take the following mandatory steps:
- Turn off the engine.
- Apply the parking brake.
- Turn on the alarms.
- Install a warning triangle behind the car at a distance of 15 meters if you are in a populated area, and 30 meters if the accident occurred outside a populated area.
Installing an emergency sign is a mandatory action in case of an accident
- If there are passengers, interview and inspect them for injuries.
- Approach the car/cars of other participants in the accident, determine whether there are victims inside.
- Together with the other driver, take photographs of the accident scene from different angles. It is necessary that the photographs make it easy to understand where the cars are located and what damage they have received. Take photos so that the car numbers are in the frame. Additionally, you can film video.
- If there are no victims, after taking photos/videos, remove the cars from the road so that they do not create obstacles for other road users. This requirement is mandatory in accordance with clause 2.6.1 of the Russian Traffic Regulations.
Further actions depend on what damage was caused to property and participants in the accident and how the car owners agreed to file the accident.
What to do if the culprit of the accident fled the scene of the accident?
A driver can flee the scene of an accident for various reasons. If the accident is serious, it is usually an attempt to avoid liability. If the owner of the car is not nearby and the damage is minor, for example, the bumper is slightly dented or the mirror is cracked, the culprit may not notice them due to inattention.
If the culprit of the accident escaped, perform all the actions required by the traffic rules in the event of an accident and report the incident to the police or traffic police as quickly as possible. Try to find witnesses and ask for their contact information so they can testify on your behalf. If possible, write down as many details as possible about the culprit of the accident: make, model, color, license plate number of the car, direction in which he fled, etc.
A driver who fled the scene of an accident will face deprivation of his license for 1-1.5 years or arrest for 15 days
What to do if you are at fault?
Are you at fault for an accident? Do not try to escape from the scene of the accident, otherwise you risk losing your license or going to jail for 15 days, even if there are no injuries. Remember that attempts to avoid punishment usually end in additional fines, increased prison terms and other unpleasant consequences.
Carry out all the actions required by the traffic rules, including recording the scene of the accident. If the damage is minor, try to negotiate with the second party to the accident to resolve the conflict without involving the traffic police. If there are injuries or serious damage is caused to someone else’s car, wait for representatives of the traffic police and the insurance company.
To be punished only for what you are really guilty of, make sure that all the circumstances of the accident are reflected objectively in the protocol and other documents, and take an active part in expert actions. If necessary, you can involve independent experts. Be sure to request copies of all documents that the injured party submits to the insurance company or judicial authorities.
What to do if the culprit does not have compulsory motor insurance?
In Part 1 of Art. 1064 of the Civil Code of the Russian Federation and Article 4 of Federal Law No. 337 dated November 28, 2011, states that the culprit of an accident is obliged to compensate for the damage caused to the victim. This rule also applies if he does not have a compulsory motor liability insurance policy. You can agree with the person responsible for the accident to pay for car repairs on a voluntary basis, or you can apply to the judicial authorities for compensation for damages. If the culprit is ready to compensate for the damage voluntarily, but he does not have the required amount with him, or the ability to immediately transfer money to your card, do not forget to make a receipt.
If the culprit of the accident does not have insurance, he is still obliged to compensate for the damage
By the way, for driving without insurance or with an expired policy, the driver responsible for the accident will have to pay a fine of 800 rubles (Article 12.37 of the Code of Administrative Offenses of the Russian Federation).
Registration of an accident without victims
Road accidents in which only the property of the participants is damaged are registered in two ways - without the participation of traffic police inspectors and with their participation. Let's consider each option.
According to the European protocol
Since July 2015, most road accidents can be registered without the participation of a traffic police inspector. Those involved in the accident themselves record the fact and report it to the insurance company. Only a notification is sent to the nearest traffic police post or police station. This is the so-called “European protocol”. An accident can be filed under it if:
- no more than 2 cars participate;
- Only the property of those involved in the accident was damaged;
- no damage was caused to state property;
- both participants have MTPL policies;
- the participants in the accident have no disagreements about the guilty party, the circumstances of the accident, or the amount of damage.
The maximum amount of compensation for damage under the European protocol is 100,000 rubles. In Moscow and St. Petersburg, it has been increased to 400,000 rubles if the circumstances of the accident are recorded using a special application or the GLONASS system.
Within 5 days after the European protocol is issued, the injured party must contact the insurance company. There you will need to present a notice, fill out an application, undergo an assessment of the damage to the car and sign a document.
To receive insurance compensation under the European protocol, it is important to correctly fill out the car accident notice and draw up an accident diagram
With the participation of the traffic police
If the participants in the accident have disagreements or the damage to the cars clearly exceeds the amounts established for the European protocol, then a traffic police inspector must be called to the scene of the accident. A representative of the State Traffic Inspectorate carries out the following actions:
- inspects the scene of the incident and, if necessary, fences it off;
- if the culprit of the accident disappeared, identifies the direction of his movement;
- ensures that drivers and witnesses are present at the scene if the task force must arrive;
- interviews witnesses;
- takes measurements and draws up an accident diagram;
- fills out the protocol;
- provides road accident participants with the opportunity to familiarize themselves with the protocol.
The protocol is signed by the participants in the accident only if they agree with its contents.
Based on the results of registration of an accident, you need to receive the following documents:
- A decision on an administrative violation if the driver violated traffic rules.
- An accident report with a diagram of the accident, a list of mechanical damage to the vehicle, testimonies of participants and witnesses.
These documents, as well as a notice of the insured event in the form of the insurance company, are transferred to the insurer to receive compensation under the MTPL or CASCO policies. They are also necessary to submit to judicial authorities if compensation for damage has to be demanded through the court.
Traffic police inspectors inspect the scene of an accident and draw up a diagram of it
When registering an accident, you can call an accident commissioner - independent or from the insurance company. But keep in mind that the specialist only helps to correctly document the accident, he is not a witness.
Registration of road accidents with victims
If after an accident you find that your passengers, the driver or passengers of another car have been injured, you must take the following steps:
- determine the condition of the victims through external examination and questioning;
- perform a first aid. The procedure can be found in the Ministry of Emergency Situations Memo;
- call an ambulance;
- if the victim is in critical condition, organize his urgent delivery to a medical facility using your own transport or in a passing car. In this case, you will not be considered to have fled the scene of the accident;
- call the police, reporting that there is a victim(s) in the accident;
- wait for the arrival of a representative of the State Traffic Inspectorate;
- give detailed explanations of the accident;
- sign the protocol after familiarizing yourself with its contents. If you do not agree with the protocol and the inspector does not include your comments in it, do not sign.
What liability is provided for failure to fulfill duties in connection with an accident?
Article 12.27 of the Code of Administrative Offenses of the Russian Federation establishes penalties for citizens who do not fulfill their duties in connection with road traffic accidents. We present them in the table.
Liability for road accidents in which people are seriously injured or killed is established by the Criminal Code of the Russian Federation. The culprit of such an accident may receive punishment in the form of forced labor or imprisonment for up to 9 years under Article 264 of the Criminal Code of the Russian Federation.
Typical mistakes when involved in an accident
We have told you what to do in case of an accident, and now we will list what you should not do if you do not want to be refused compensation for damages by the insurance company, or run into fines and other penalties.
When stressed due to an accident, many drivers make the following mistakes:
- They enter incorrect data into the protocol, notice of insured event and other documents. Take your time and check all the information several times, including date of birth, vehicle registration number, etc.
- They forget to record the scene of the accident in photos/videos or do it incorrectly.
- The Europrotocol form is filled out incorrectly or incompletely. Be sure to use the instructions for filling out the notice, which are always attached to it, and enter complete information in each column of the document. Pay special attention to drawing up an accident diagram.
- They agree on voluntary compensation for damage without involving an insurance company and do not draw up a receipt.
- They sign the protocol without familiarizing themselves with its contents.
- Out of emotion, they commit imprudent actions - they hide from the scene of the accident, start a fight with other participants in the accident, etc. In this situation, an ordinary road accident, which could have been registered without involving the traffic police, often develops into a criminal case.
Don't give in to emotions if you get into an accident
It is impossible to protect yourself from road accidents 100%. Even if you forego personal transportation, you may still be involved in an accident as a pedestrian or as a passenger in a bus or taxi. But still, if you follow traffic rules and don’t be distracted from the road, the chances of getting into an accident are much less. And to know exactly how to behave in the event of an accident, print out and put a short reminder in your glove compartment or save our article in your smartphone browser bookmarks.
The procedure for registering an accident in the traffic police
The number of vehicles is growing, therefore, the accident rate is increasing. Of course, when taking training at a driving school, the instructor repeatedly told you what the procedure should be if you were involved in a traffic accident. It would seem that everything is simple here: I stopped, put up an emergency stop sign, and called the traffic police. However, in reality, excitement and shock complicate the situation. What should a driver do if he is involved in an accident?
Procedure and new rules for registering road accidents in 2019
An age-old and very relevant question: how to properly file an accident? The order of your actions should be as follows:
stop immediately, turn on your emergency lights,
place a warning triangle at a distance of 15 m from the vehicle in a populated area, 30 m from the vehicle outside a populated area,
if there are victims, provide first aid and call an ambulance,
call the traffic police inspector,
do not move your vehicle until the inspector arrives,
write down all the circumstances of the accident, damage to the car, as well as information about witnesses to the accident,
when drawing up a report by the inspector, make sure that all damage is indicated,
record the details of the culprit.
These are the basic rules that every driver should know, but also, motorists need to know that the procedure for registering an accident with the traffic police has changed since July 1, 2015.
From this date, drivers involved in a traffic accident are required to clear the roadway (move to the side of the road) so as not to interfere with the movement of other vehicles. But this applies only to those cases if there are no people injured in the accident, and only property is damaged. Therefore, some actions of a traffic police officer in case of an accident are now forced to be performed by the participants themselves, namely, recorded in a photo or video:
data from road accident witnesses.
If there are no disagreements between drivers regarding damage and guilt, then a Europrotocol is drawn up. We’ll talk about it below.
Deadline for registering an accident with the traffic police
According to the Traffic Rules, in case of an accident there are several options for the development of events for participants:
1 If the circumstances of the harm, or the nature and list of visible damage to the vehicle cause disagreement between the participants in the accident, the driver involved in it is obliged to write down the names and addresses of eyewitnesses and report the incident to the police to receive instructions from the police officer about the place where the road accident is registered. IMPORTANT! Be sure to record the position of the vehicle in a photo or video.
2 If the circumstances of the harm, or the nature and list of visible damage to the vehicle do not cause disagreement between the participants in the accident, the drivers involved in it are not required to report the incident to the police. In this case, they can leave the scene of the traffic accident and:
draw up documents about an accident involving authorized police officers at the nearest road patrol post or police unit, having previously recorded, including by means of photography or video recording, the position of vehicles in relation to each other and road infrastructure, traces and objects related to the incident, damage to vehicles;
draw up documents about a road accident without the participation of authorized police officers by filling out a notification form about a road accident in accordance with the rules of compulsory insurance - if 2 vehicles (including vehicles with trailers) are involved in the road accident, civil liability whose owners are insured in accordance with the legislation on compulsory civil liability insurance of vehicle owners, the damage was caused only to these vehicles and the circumstances of the harm in connection with the damage to these vehicles as a result of a road traffic accident do not cause disagreement between the participants in the road traffic accident;
not to draw up documents about a road traffic accident - if in a road traffic accident only the vehicles or other property of the participants in the road traffic accident are damaged and each of these participants does not need to complete the specified documents.
As you can see, the deadline for contacting the traffic police after an accident is not established by law, however, it is better to report the accident as quickly as possible.
Documents when registering an accident
If there are no disagreements between the parties to the accident and both do not want to wait for the traffic police officers, then an accident registration form is used, which is issued by the insurance company when applying for a compulsory motor liability insurance policy. Otherwise it is called the Europrotocol. It is used only if there are no victims in the accident, both parties have valid MTPL policies, the damage is caused only to property and the damage does not exceed 50,000 rubles.
Also, the number of road accidents includes hitting an obstacle. This means that in such an incident, the vehicle ran over or hit a stationary object. For example, on a fence, trees, poles, an open door of a nearby car, etc. Registration of an accident when hitting an obstacle is possible both with and without the participation of traffic police officers.
The procedure for registering an accident by traffic police officers is approximately as follows:
1 information is found out:
Full name and other details of the driver,
collection of witness data,
list of damage received by the vehicle.
2 draws up a protocol for examining the scene of the incident,
3 draws up a certificate of road accident in form No. 154,
4 draws up an accident diagram,
5 draws up a protocol for inspecting and checking the technical condition of the machine,
6 draws up a protocol for monitoring the sobriety of drivers.
The procedure for registering an accident without an inspector can be carried out only if no people were injured in the accident and the participants in the accident do not have claims regarding damage caused to each other’s property.
If only one person is involved in the accident, then calling a traffic police inspector to the scene of the accident to record the accident is mandatory.
Registration of a traffic accident is a very labor-intensive process that takes a decent amount of time. To find out how to save it and not be left behind in an accident, contact a qualified specialist who will answer all your questions in detail.
stop immediately and turn on the emergency lights;
place an emergency stop sign at a distance of 15 m from the vehicle in a populated area, 30 m from the vehicle outside a populated area;
if there are victims, provide first aid and call an ambulance;
call the traffic police inspector;
do not move your vehicle until the inspector arrives;
write down all the circumstances of the accident, damage to the car, as well as information about witnesses to the accident;
when drawing up a report by the inspector, make sure that all damage is indicated;
record the details of the culprit.
If there are no people injured in the accident, but only property is damaged.
Cars
Law and law
Road accident according to the rules
How to file an accident under the new rules
In Russia, from July 1, changes to the traffic rules regarding the registration of minor road accidents came into effect. The State Traffic Inspectorate explained how to independently register a minor accident without the presence of a police officer and with him. Gazeta.Ru has compiled instructions for drivers on what to do in such a situation.
From July 1, changes to the traffic rules regarding the registration of road accidents in which damage was caused only to property came into effect. has issued detailed instructions on how to properly register an accident .
Now drivers have the right not to complete documents about an accident if the vehicles of only the participants in the accident are damaged and each of them does not need to complete the specified documents. It is noteworthy that so far even the State Traffic Inspectorate itself has not been able to explain the procedure for applying this norm. In such a situation, insurers advise drivers to at least obtain receipts from each other stating that they have no mutual claims.
Drivers can also draw up documents about an accident without involving police officers in accordance with the rules of compulsory civil liability insurance of vehicle owners, provided that two vehicles insured under compulsory motor liability insurance were involved in the accident. Please note that registration of an accident without the participation of police officers can be completed only if there are no injuries as a result of the accident and damage is caused only to property. Also, drivers can still complete documents about an accident with the involvement of police officers at the nearest traffic police post or police department.
Registration of an accident without the involvement of police officers
How to register an accident according to the Europrotocol
Without the involvement of police officers, an accident is registered within the framework of the “European protocol”. To do this, you must independently fill out the notification of an accident, which is attached to the MTPL policy, in accordance with the rules specified in the document. This method is possible if there are no casualties or casualties; only two vehicles were involved in the accident; drivers have valid MTPL policies; the harm was caused only to property and the circumstances of the harm in connection with damage to property as a result of an accident, the nature and list of visible damage to vehicles do not cause disagreement among the participants in the accident.
In addition, the cost of repairing a vehicle should not exceed 50 thousand rubles, and in cases where one of the participants has a compulsory motor liability insurance policy issued before August 1, 2014, the amount of repairs should not exceed 25 thousand rubles.
To register an accident in the specified order, drivers need to visually estimate the cost of repairing the vehicle; agree on the circumstances of the accident with the second participant in the accident (there should be no disagreements in assessing the causes and consequences of the accident); together with the second participant in the accident, fill out the notification of the accident attached to the MTPL policy; after filling out the notification of an accident and signing it by both participants in the incident, remove vehicles from the roadway; exchange contact information with the second participant in the accident; report the accident to insurance companies by telephone numbers specified in the MTPL policies in order to register an insured event.
Within five days, you must submit a completed and signed by both participants notification of an accident to the insurance company.
Registration of road accidents with the involvement of police officers
With the participation of police officers in the registration of an accident, it is necessary to draw up a diagram of the accident, photograph or videotape the accident scene. After drawing up the diagram, it is necessary to sign it by all participants in the accident and remove vehicles from the scene to clear the roadway. Then the participants in the accident are required to proceed to the nearest traffic police post or to the State Traffic Inspectorate unit.
If there is a disagreement about the circumstances of the accident or visible damage to vehicles, it is necessary to write down the names and addresses of eyewitnesses and report the incident to the police to receive instructions from a police officer about the place where the accident was registered.
How to draw up an accident report
When filling out the diagram, it is recommended to use a ballpoint pen; the information must be filled out in legible handwriting or block letters and without errors.
The diagram contains information about the date, time and location of the incident, vehicles and participants in the incident.
The document must also indicate the contours of the roadway with street names, as well as the direction of movement, the final position of vehicles, road signs, indicators, traffic lights, road markings, traces and objects related to the accident.
It is necessary to indicate the place of initial contact between vehicles, and if there are several of them, then it is necessary to indicate and sign each of them, indicating the vehicles that contacted at this location.
When taking photographs or videos, it is necessary to make a general plan of the scene of the incident, and, if available, photograph traces of braking, scree of dirt, glass, plastic with reference to the vehicles. You should also take close-up photographs of the vehicles from the front, rear, and direction of travel so that the vehicle registration plates are visible.
Opinion of insurance companies
According to the deputy head of the loss settlement department of the Rosgosstrakh company, Dmitry Titiev, the development trend in the use of the “Euro protocol”, although slow, is progressive.
Russians are afraid to file an accident according to the European protocol without the participation of traffic police inspectors
“From 10 to 15% of requests are currently carried out within the framework of the “Euro protocol,” Titiev told Gazeta.Ru. — The rate of fasting of several percent per year will most likely continue. As for the distrust of this method of registering an accident on the part of car owners, there are several reasons for this. The first is the short period of validity of the procedure, and, accordingly, the lack of experience among car owners:
how to determine by eye the amount of damage so as not to exceed the limit, how to draw up a notice, what to do next.
The second is the lack of unambiguous law enforcement mechanisms, for example, there is a potential opportunity to drive away by writing a notice, and then lose your rights for leaving the scene of an accident. The third is sometimes the biased attitude of insurers towards such losses, carrying out the maximum number of checks and requests due to the actual vulnerability of insurance companies from fraudulent schemes in this simplified process without the participation of traffic police officers.”
Accident without intermediaries
The head of the department for ensuring law enforcement activities of the Main Directorate for Ensuring Road Safety of the Ministry of Internal Affairs of Russia, Andrei Klimenko, answered these questions in the editorial office of RG.
Let us remind you that now the traffic police does not issue a certificate of accident. But it issues rulings on the initiation of an administrative case or refusal to initiate it, a resolution on a fine, or a protocol. All participants will receive copies of these documents.
Ivan, Novosibirsk: Please tell me, materials on road accidents should be issued within 24 hours. Should the seal be applied immediately or not?
Andrey Klimenko: All procedural documents issued at the scene of an accident are issued on the spot. The only thing you need to understand is that our forms often require only one copy. Therefore, if there are not enough copies for all participants, then you need to drive up to the unit and get it. These copies do not require any additional stamps. Not a single regulatory document regulating the issues of compulsory motor liability insurance says about certified copies of the resolution or protocol. Reassurance is not provided for either by our regulations or by the insurers' documents. Having received these documents, the victim can immediately go to the insurance company. The consideration of the case may take a long time. For physical injuries, it can last for years. Therefore, the task of the police in this situation is to record the circumstances of the accident and issue the participants with an initial package of documents, which will already be the basis for resolving the issue of insurance payment.
Ivan, Novosibirsk: Can all emergency commissioners submit materials to the traffic police? Or should there be some kind of agreement between the traffic police and the emergency commissioner service?
Andrey Klimenko: Accident commissioners can act as representatives of participants in road accidents only after the drivers have fulfilled their duties. The emergency commissioner can drive up to the scene of an accident, tell you how to draw a diagram, help photograph the situation at the scene of the accident, damage to vehicles, as required by the Traffic Rules. And to draw up documents about an accident at the police department, the participants themselves must arrive. Otherwise, how can the inspector establish their identity, establish that there really is damage and that it is exactly as described? And already during the administrative investigation, the emergency commissioner can act as a trustee, as a defender or representative from the point of view of the Code of Administrative Offenses. If it is possible to prepare materials without the participation of police officers - a European protocol, the task of the emergency commissioner is to explain this to the participants in the incident, to assist in filling out an accident report and, if necessary, to represent their interests in the insurance company.
The driver can drive the car with a power of attorney, executed in simple written form. But your employees require a notarized power of attorney from the representative of the participant in the accident. Why?
Andrey Klimenko: The decision of the plenum of the Supreme Court states that the power of attorney must be either notarized or executed at the place of work. It can even be oral, if during the proceedings the participant stated the need to involve a specific person as a representative. After this representative appears in procedural documents precisely as a representative, he will be able to participate in the case without his principal.
Alexander, Yekaterinburg: If the inspector does not indicate all the damage to the car, the insurance company says either go to the inspector and fill it out, or we will not pay for the items not included. What to do? Should I go to the inspector to finish writing?
Andrey Klimenko: It is physically impossible to determine on site the complete list of damage to the vehicle. The on-site inspector points out some general damage that he sees. For example, deformation of the wing, hood, broken radiator grille, headlight, glass. In addition to external damage, there may be hidden ones. The inspector is not a technical expert, and cannot always determine that a particular damage relates specifically to this incident. This should be done by experts hired by insurance companies. Even when we issued certificates, we forbade employees from making additions to it. There was even an explanation not to indicate any hidden damage in it. And this order has not changed. The inspector indicates what he saw at the scene of the incident so that the expert can understand from which side, for example, there was a blow: from the left, from behind, from the right or from the front.
Mikhail, Moscow: Recently, changes were made to the rules, they provided the opportunity to leave on their own, we have had a European protocol for a long time, and there was a requirement for the duty officer to explain in what situations where to go. What accidents does the traffic police respond to?
Andrey Klimenko: Indeed, after changes to the traffic rules, this was back in mid-2015, our procedure for registering and going to the scene of an accident has changed. If people were injured in an accident or there were bodily injuries, the procedure has not changed - the driver’s responsibilities remain the same, identify the victims, call the police and an ambulance. If it is necessary to deliver the victim to a medical facility and return to the scene of the incident, nothing has changed here. The procedure for registering and visiting the scene of accidents in which there are no victims has changed. That is, when the victims suffered only material damage. We, as before, still have the opportunity to register an accident on our own, that is, within the framework of the European protocol. This is possible if only two cars were involved, both participants in the accident are insured under MTPL, and agree with the circumstances of the incident. But the amount of payments under the European protocol is limited to 50 thousand rubles. There is now an opportunity not to report an accident at all. And this is important, because previously traffic regulations in any case obliged drivers to take measures to prepare the relevant documents. Now, if participants in an accident caused damage only to their own property, including vehicles, and they have no mutual claims, and the property of third parties was not damaged - barrier fencing, fence, trees, in this case they may not call the employees, but simply leave. If the situation is controversial, you must contact the duty officer, explain the situation and follow his instructions. If the situation is clear to the duty officer, he can invite those involved in the accident to photograph the cars, their location, damage, draw up a diagram of the accident and drive up to the department for registration. If the situation is difficult, then a squad will be sent to the scene of the incident.
What do you think about deputy Vyacheslav Lysakov’s proposal to completely ban the traffic police from attending accidents without victims?
Andrey Klimenko: We fully support the idea of exempting police officers from recording such accidents. Moreover, there should not be cases when an accident can be registered according to the European protocol, and its participants call and wait for the police, blocking traffic, because of a scratch on the bumper. However, there is one issue that needs to be taken into account. In most cases, road accidents are accompanied by violations of traffic rules. Some violations may not entail administrative liability, but for others it is necessary to prosecute. The police have a duty to respond to reports of crimes and reports of administrative violations. This is enshrined in law. Therefore, if an accident was caused by a gross violation of traffic rules, for example, violation of a traffic light signal, driving onto the side of the road intended for oncoming traffic, failure to give priority to a vehicle at an intersection - these offenses often lead to more serious consequences, we cannot leave them unattended. Again, unfortunately, there are often cases when there are reports of one of the participants in an accident being intoxicated.
At the same time, we can already say that we are moving away from preparing material about an accident and one of the steps towards this is canceling the certificate. This document was issued only in case of an accident. After its cancellation, we process only materials about administrative violations. And at this stage, in order to have fewer problems for citizens with insurance companies, we include in these materials information about the victims, about vehicles, about these damages. We also draw up a map of the scene of the accident; we are entrusted with the responsibility of keeping records of road accidents in order to develop measures for their prevention and prevention. We record the circumstances contributing to the accident in the materials of cases of administrative violations. Moreover, we have a service on the website where people can check a vehicle, ownership history, search, restrictions, and, among other things, participation in an accident. That is, those accidents, information about which is in the data bank of the State Traffic Inspectorate, people can see on our website. This, by the way, is useful for those who are planning to buy a used car.
And, by the way, our website describes the entire algorithm for drivers’ actions in the event of an accident. This tip can be downloaded, printed and carried with you in the glove compartment of your car along with the notification of the accident. But it's better that you never need them.
The traffic police does not hire
The State Traffic Inspectorate has stopped hiring new employees since October 30.
Gazeta.Ru reports this. According to the publication, the order on this was signed by the Minister of Internal Affairs Vladimir Kolokoltsev. In addition, according to the publication, the transfer of existing employees to other traffic police units is also prohibited.
These requirements do not apply only to those departments that carry out registration actions, as well as conducting examinations for the right to drive vehicles and issuing driver’s licenses.
The State Traffic Inspectorate confirmed to the RG correspondent that there is such an order. But we found it difficult to answer what it was connected with. The fact is that appointments to the traffic police are not dealt with by the Main Directorate for Ensuring Road Safety, but by the personnel department of the Ministry of Internal Affairs of Russia.
The requirements will remain in effect until a special order from the Ministry of Internal Affairs.