How to record an accident without the traffic police
The procedure for registering an accident without the participation of the traffic police
For more than five years in Russia it has been possible to register minor road accidents without calling traffic police officers - according to the so-called European protocol. Since August 2014, a reform of the procedure for registering accidents in a simplified manner has been carried out and the amount of insurance compensation has been increased. For example, the maximum amount of payments under the European protocol was doubled, to 50 thousand rubles, and if you follow a special procedure for registering an accident that occurred in Moscow, St. Petersburg, the Moscow region and the Leningrad region, you can receive a payment of up to 400 thousand . rub.
So, you can register an accident without the participation of traffic police officers if:
- The accident involved two vehicles;
- no people were killed or injured in it;
- as a result of the accident, no property was damaged, except for the cars of the participants in the accident;
- both participants in the incident have a valid MTPL policy;
- both participants in the accident have the same assessment of the circumstances and damage to the vehicles, have no disagreement about who was at fault for the accident, and agree to file the incident in a simplified manner.
It should be borne in mind that it makes sense to register only really minor accidents using the European protocol, since the amount of insurance compensation with this registration procedure is very limited and amounts to 50 thousand rubles. (25 thousand rubles, if the civil liability of both participants in the accident was insured before August 2, 2014). This restriction does not apply and insurance compensation can be paid in full (400 thousand rubles) subject to the following conditions:
- The accident occurred in Moscow, St. Petersburg, the Moscow region or the Leningrad region;
- the civil liability of both participants in the accident was insured after September 1, 2014;
- participants in an accident have the opportunity to record (with the help of technical control means that ensure uncorrected recording of information) and provide to the insurer data on the circumstances of damage to the vehicle as a result of the accident.
You should pay special attention to compliance with the deadlines for transmitting information about the accident to your insurance company. Both the victim and the perpetrator of the accident are required to do this within five working days from the moment of the accident. In addition, for 15 calendar days (minus non-working holidays), it is prohibited to repair or dispose of damaged vehicles without the permission of the insurer. If the culprit of the accident violates these conditions, the insurance company will have the right to recover from him the entire amount of payment in full.
In what cases can you file an accident without calling the police, what documents will need to be drawn up and what amount of insurance compensation can you receive, find out from our infographics.
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How to properly file an accident without calling the traffic police?
Road accidents do not always require the intervention of traffic police officers . If certain conditions are met, you can solve the problem yourself.
All controversial issues can be resolved in a few hours. But there will be a risk of not receiving the required monetary compensation from insurance if there are errors in the protocol.
Let's get acquainted with the procedure for registering an accident without the traffic police.
Changes in legislation
Let's look at how to file an accident without calling the traffic police in accordance with the new procedure that came into force on July 1, 2017.
If there are no injuries, drivers should:
- stop, do not change the position of the vehicle or elements of the accident;
- turn on the hazard warning lights;
- place an emergency sign on the road at a distance of 15 m.
Traffic police inspectors will not go to the scene of an accident without victims. If no one was injured as a result of the accident, you don’t have to go to the traffic police.
You can independently resolve issues regarding filling out the notice. Calling a traffic police inspector is necessary if controversial issues arise between participants in an accident.
The participation of eyewitnesses is also not necessary . Photos or videos from the accident scene will be sufficient.
Drivers can provide themselves with an independent notification form, in which they need to draw a diagram and independently contact the insurance company for monetary compensation for damage.
Cases in which you can do without the traffic police
If the participants have no complaints against each other, if no one was hurt, calling the traffic police is not necessary.
Then drivers need to act as follows:
- capture everything on video or photo;
- move away from the scene of the accident;
- independently issue a notification about the incident;
- if you don’t have the form with you, you can come to the nearest traffic police department and fill out all the documents, and the employees will help with this;
- you can do without paperwork if the damage is minor and the parties have agreed to cover the costs of repairs.
A vehicle is removed from the road if it interferes with the passage of other road users, if there is no disagreement and the incident can be resolved peacefully.
Let's take a closer look at the procedure for registering an accident without the participation of traffic police officers.
What is the Europrotocol?
This is a procedure for processing documents about an accident without traffic police officers . This is an accident notification form. Based on this, you can receive compensation under your insurance policy.
Registration under the European protocol is an opportunity to document what happened on your own and quickly leave, without creating traffic jams and minimizing the risk of new collisions. This opportunity is available in all regions of the Russian Federation.
Conditions that allow you to register an accident under the European protocol:
- Only two vehicles were involved in the accident, and both participants have a valid MTPL policy.
- Only cars and their trailers were damaged. There were no injuries, no deaths, no damage to other property.
- The participants have no disagreements regarding damage to the car. If the parties blame each other for what happened, you will have to call the traffic police.
- The amount of damage does not exceed 50,000 rubles. If the car owner assures that such an amount will not cover the costs of car repairs, the traffic police should be called.
If the circumstances of the accident do not satisfy these conditions, the accident will have to be registered in the general manner.
If the vehicle involved in the accident is registered in the territory of another state, its owner does not have compulsory motor liability insurance or CASCO insurance, but has an international Green Card insurance policy, you can also record an accident without traffic police officers or first call the RSA Green Card Information Center at + 7 (495) 641 27 87 and consult.
Let's find out how to properly file an accident without the traffic police in order to get insurance.
Video: How to register an accident according to the European protocol?
Europrotocol form
The form must be completed correctly . It is issued by the insurance company to the car owner when he takes out a MTPL or CASCO policy.
If it is not there, you can contact the nearest company office or look on the company’s official website. You can also use the services of the reference and legal systems “Garant” and “Consultant”.
How to correctly fill out a notification of an accident under MTPL without calling the traffic police? The European protocol in case of an accident must be drawn up in a form called “Notification of a Road Accident”.
The document consists of a main sheet and an insert onto which the information entered on the first sheet is copied. After registration of the front side, the main form is separated from the additional one. Each of these sheets has equal legal force.
Compliance with the rules for drawing up a European protocol in the event of an accident minimizes the risk of disagreements with the insurer when considering documents for monetary compensation:
- fill out the form with a simple ballpoint pen, legibly, in block letters;
- Marks and corrections are not allowed;
- All columns and fields are filled in.
On the front side indicate:
- information about the location, date of the accident (if it is a highway, its name and kilometer are recorded), time (must be accurate to the minute);
- number of damaged cars (2), absence of injuries (there should be no other, otherwise the traffic police should be called);
- information on witnesses to the accident (if any);
- accurate information about damaged cars, car owners, and persons who were driving the vehicle at the time of the accident;
- information about the participant’s insurer, the number of the current insurance policy, its validity period;
- list of damaged parts and components of the machine;
- road accident diagram (point 17).
There are no uniform rules by which the scheme is drawn up. But the drawing must be clear so that the insurer does not have additional questions.
On paper you need to mark the position of the road section where the accident occurred, indicate the names of neighboring streets, house numbers located nearby, or shopping centers and other landmarks, traffic lights, road signs, markings, etc.
The position of the vehicle at the time of the accident is schematically shown on the image of the area (cars are usually depicted as rectangles), designated by codes “A”, “B”. The direction of movement is indicated by arrows.
The location of the impact is X. Under the graphic image, a decoding of the symbols is given.
In paragraph 14 of the form, indicate the nature and list of visible damage caused. Information should be described briefly and accurately. It is necessary to ensure that the other participant does not add damage to this item that is not related to this accident.
The terms used are: scratch, dent (deformation), rupture (crack). Hidden damage is revealed during examination.
In paragraph 16, drivers note the circumstances of the accident. Correctly reflect the car’s maneuvers, taking into account the following:
- A parking lot is not a stop. If the car stopped at a traffic light, it is noted that the vehicle “stopped at a prohibitory traffic light” and not “in the parking lot.”
- When one car is overtaking another, if the car was changing lanes, it is noted that the driver “changed lane” and “overtook.”
In paragraph 15 “Remarks” you can enter additional information about the accident that was not indicated in the paragraph with the circumstances of the accident.
After drawing up the front side, signatures of both parties are placed, the pages are separated to independently draw up the back side.
On the reverse side, each driver can describe his vision of the accident and indicate who was driving the car at the time of the accident.
In “Notes” you can indicate information about the availability of additional information about the accident that was obtained after photo and video shooting.
If the form is damaged, torn, or the information on it is difficult to read, the document is issued at another bank. All adjustments and additions made to the form after signing and separation are endorsed by the signatures of both participants.
If there are contradictions in the data presented by the participants in the accident, it means that the nature, list of damages and circumstances of the accident caused disagreements.
This means you need to call the traffic police. If it is impossible to determine the circumstances of the accident and the culprit based on the above, the insurer may refuse monetary compensation.
What to do after filing a notice?
If the notice is issued, there are no disagreements, you can leave the scene of the accident and contact the insurer. A copy of the accident notice with the front and back sides filled out is attached to the application.
A notice is sent to the insurer within five working days from the date of the accident. The car cannot be repaired within 15 days.
If the car needs to be repaired earlier than this period, the vehicle is presented to the insurer for inspection and written consent for repairs is obtained.
If a traffic police officer stops a car
A traffic police officer, seeing damage to a car, can stop the car to check whether an accident has been registered.
When submitting a notice to the insurance company, you need to take a copy of the document certified by an employee of the insurance company to present it to the traffic police officer.
Road accident with victims
In the event of an accident, the driver must:
- stops and does not move the vehicle;
- turns on the emergency alarm;
- displays an emergency stop sign;
- does not change the position of objects that are related to the accident;
- determines the presence of victims.
If there are injuries or deaths, the driver:
- provides first aid;
- calls an ambulance;
- calls the traffic police;
- records the name, address, and contact information of eyewitnesses;
- if the case is urgent, sends the victims in a passing car to a medical organization;
- If the victims can only be transported to the hospital in the car of the participant in the accident, you need to send them to a medical facility, show the medical workers your documents, and return to the scene of the accident in your own car.
If the traffic flow is stopped due to an accident, the participant:
- records the location of the accident, the position of the car, traces, damage using photos or videos;
- records eyewitness information, if available;
- removes the car from the roadway;
- waiting for traffic police officers.
Police officers who arrived at the scene recorded:
- information about the participants in the accident;
- explanations of participants and witnesses;
- additional information that is important to clarify the circumstances of the accident;
- issue certificates of road accidents to participants;
- initiate proceedings for an offense, if any.
Documents for applying to the insurance company
Within five working days you need to contact the insurer with the following documents:
- passport (if the driver is a foreign citizen, then you must present a notarized translation of the passport (or a translation certified by the embassy));
- power of attorney for a car, if the driver is not the owner of the car;
- documents on the ownership of the property (registration certificate, vehicle passport), agreement if the car is leased/rented;
- certificate of an accident (form No. 154), annex to the certificate, if there are victims (the document must contain: corner stamp, full name of the traffic police officer who compiled the certificate, information about the place, date, circumstances of the accident, policy number, name of the insurance company, information about the cars -participants, information about the vehicle drivers and the culprit, contacts of participants, list of damages);
- protocol on administrative violation;
- notification of an accident.
Certificates are not needed if the accident was registered according to the European protocol.
Important information:
- Do not sign blank document forms!
- information about witnesses must be present in the protocol;
- if the driver does not agree with the determination of the fact of traffic violation or the amount of the fine, the inspector draws up a protocol;
- If the driver does not agree with the information presented, he should mark his point of view in a special column, cross out the word “violator,” sign “driver,” and add that he does not consider himself to be the culprit of the accident.
Now it is not necessary to call traffic police officers to the scene of an accident. If there are no injuries, the participants have no claims against each other, you can file an accident yourself.
If the accident meets certain conditions, then it can be registered using a European protocol . Thanks to the detailed instructions for filling out the notice in this article, there should be no difficulties in filling out the form.
Video: How to file an accident without the traffic police?
Registration of an accident without the traffic police - How to register an accident without a certificate
According to the law, there is a certain procedure for registering accidents on the roads. This is because the victim may receive a cash payment as compensation from the insurance. This requires a whole package of documents. Previously, all road accidents were registered with the participation of traffic police officers. Currently, if certain conditions are met, participants can file an accident without calling inspectors.
Registration of an accident without the traffic police - when possible
Road accidents without traffic police officers are carried out independently, through the Europrotocol, with the help of emergency commissioners. Each type has its own characteristics.
On July 1, 2015, changes to the procedure for reporting road accidents came into force. According to them, drivers have the right to draw up a report at the scene of an accident on their own if:
- no injuries (this applies not only to drivers, but also to passengers, as well as pedestrians);
- participants in the accident are exclusively 2 vehicles (no more and no less);
- both drivers have valid MTPL insurance;
- the damage caused does not exceed 50 thousand rubles.
Failure to comply with at least one of the points is grounds for the insurance company to refuse compensation. Thus, the injured party will not receive money if:
- the participant in the accident used alcohol, drugs or special medications that prevent him from driving;
- the amount of damage exceeds 50 thousand rubles;
- the participants did not reach a consensus regarding the circumstances of the accident;
- some of them did not have a compulsory motor liability insurance policy;
- the accident occurred with one car (for example, crashing into a pole) or more than two vehicles;
- there are casualties.
Such registration of an accident must be treated very carefully, both by the guilty party and the victim.
Traffic police protocol. Draw up a protocol? Protocol disagreement. What to do if you don’t agree with the protocol?
Registration of an accident without the traffic police - Europrotocol
The form is issued by the insurance company when purchasing a compulsory motor liability insurance policy. It consists of 3 sheets:
- direct notifications;
- copy sheet;
- compilation instructions.
It consists of 23 points located in the middle. Both the notice and the copied form are absolutely identical in legal significance. The insurance company is required to accept either the notice or a copy of it.
It is better to always keep this paper in your car. If neither one nor the other participant in the accident has the form, then you can stop any car and ask the driver for the paper.
Registration of an accident by an accident commissioner
An emergency commissioner can help you understand the incident on the road. This is a specialist who has undergone appropriate training and received permission to carry out this activity. In most cases, these are representatives of insurers who appeared on a call from one of the participants in the accident. You can also call a private specialist who carries out his activities independently of any of the parties.
The commissioner can not only help with paperwork, but also provide psychological assistance, call an ambulance, and more. The main functions it performs include the following:
- inspection of the accident site;
- interviewing eyewitnesses and participants;
- damage assessment;
- other.
If necessary, he will take photographs of the accident site and also draw up a diagram (which is usually done by the inspector).
On one's own
It is recommended to agree to file an incident yourself only when the driver really understands this issue. Otherwise, the victim may find himself without assistance. For example, if after an accident the driver discovers deformations on the car that were previously invisible, then the insurance company will no longer compensate for the damage.
But participants can fill out the documents themselves if one of them is not the owner of the car. But it must be included in the insurance for this vehicle.
The legislative framework
The ability to file an accident without calling traffic police officers is regulated by the following legal norms:
- Traffic regulations – clause 2, article 2.6.1;
- Federal Law on Compulsory Motor Liability Insurance – Art. 11.1.
Registration without the involvement of traffic police officers is possible when there are no contradictions between the participants regarding who is the culprit of the accident and who is the injured party. Otherwise, even if the damage is minor, you should contact the Traffic Inspectorate so that representatives of the law can sort out the situation and make a determination on the case.
Procedure if there are no casualties in an accident
When an agreement is reached between the participants in the accident and the decision is made to act without traffic inspectors, the process begins with an inspection of the damage to the vehicles. You need to understand that it is possible to receive full compensation if the damage caused is estimated at an amount not exceeding 50 thousand rubles. If it turns out that the amount should be higher, the insurance company will pay the amount of compensation established by law.
Next, you should record the fact of damage to the car using a camera or video camera. By law, filming must be carried out within an hour after the accident.
The following details must be present on the filmed material:
- cars involved in an accident where their license plates are visible;
- accident scene;
- all damage caused;
- the location of the vehicles immediately after the collision.
This stage must be carried out in the most careful manner so that it can be used as evidence in the future.
After this, cars can be removed from the road so as not to interfere with traffic. It is strictly forbidden to leave before filming.
The next step is to check the papers. Both drivers must have MTPL policies with them that have not expired. They provide each other with information about the insurance and the company where it was purchased.
Next, you can begin filling out the main document - the notice. After these actions, drivers can disperse.
Filling out a notification by road accident participants
Notification is a document that must be drawn up when calling a traffic police inspector or completing it yourself. In the latter case, it is filled out directly by the participants in the accident.
The form contains the following information:
- personal information about drivers;
- about their cars;
- about insurance companies;
- significant circumstances of the accident;
- draw a diagram;
- provide other data.
Along with taking photos and videos, you should be very careful when filling out this document. If mistakes are made, there is a high probability that the insurer will refuse to compensate for the damage.
The procedure for filling out the document is as follows.
- There are no problems in writing the eight initial paragraphs. There you should write about the place and date of the incident, the number of cars involved in the accident, the victims, etc.
- To fill out points 9 to 12, documents will be required, since you need to indicate the model and make of the car, license plates, registration certificate, information about the insurer and the participant in the accident.
- In point 13, you need to draw an arrow at the point of impact.
- Point 14 is very important. All damages should be mentioned here. The amount of future payment depends on correct completion.
- Next, fill out paragraph 16, where the boxes are ticked, and those points that are not indicated there are entered in paragraph 15.
- In the next paragraph, draw a diagram with the writing of streets, directions of traffic lanes, traffic lights, signs and other important information in the opinion of the participant in the accident.
- At point 18, participants sign.
The front side is written as a carbon copy. After this, the document is torn and the reverse side is filled out separately. It is recommended to write this part in a calm home environment. If there is not enough space, you can take an additional sheet.
Recommendations for filling out the document are as follows:
- write with a ballpoint pen, checking that all information is printed well on the 2nd copy;
- It is better to use block letters so that the handwriting is legible;
- information about vehicle registration is written by each driver separately;
- if there is an empty space, it needs to be emphasized;
- changes and additions are possible, but only with additional signatures of both drivers;
- If there are errors or corrections, it is better to rewrite the data on a new form.
What to do next
The driver has the right to register an incident without an inspector, but in the future contact this agency. Next, the party recognized as the injured party turns to the insurer to receive the due compensation. Moreover, it is allowed to write a statement both to the company that caused the accident, and to your own, where the policy was purchased.
The application is accompanied by a notice, as well as photo and video materials. Documents are sent within 5 days after the accident. You cannot repair the car yourself within the first 15 days. If for some reason it needs to be done earlier, then before carrying out repairs the insurance company inspects the vehicle. As a result, the employee issues written consent to the driver for repair work.
Based on the submitted documents, the company makes an appropriate decision. If the participants in the accident did everything correctly, then the injured party is paid the required amount.
If stopped by the traffic police
How to file an accident without a certificate and not be left without payment?
Procedure for registering an accident without the traffic police, European protocol 2019
Current legislation and the Rules of the Road allow drivers to document traffic accidents in order to receive financial compensation from insurance companies without the help of representatives of the state traffic inspectorate. The procedure for registering an accident without the traffic police from July 1, 2015 (valid in 2019) is based on the provisions of Federal Law No. 40-FZ (as amended on June 23, 2016) and the Traffic Rules.
In what cases is it possible to register an accident without the traffic police?
Before determining whether it is necessary to call the traffic police in a minor accident, you need to make sure that the conditions of the incident comply with the requirements of Article 11.1 of Law No. 40-FZ in the following part:
The incident occurred with the participation of two vehicles, the drivers of which are included in the insurance policies in accordance with the current Law on Compulsory Motor Liability Insurance.
As a result of the emergency, there were no injuries, including drivers, vehicle passengers, and passers-by.
The participants in the accident have no disagreements regarding the circumstances of the accident, the extent of the injuries received and the damage caused to the vehicles.
Registration of documents regarding a road traffic accident without the participation of authorized police officers is carried out in the manner established by the Bank of Russia, if the following circumstances exist simultaneously: a) as a result of the road traffic accident, damage was caused only to the vehicles specified in subparagraph “b” of this point; b) a traffic accident occurred as a result of the interaction (collision) of two vehicles (including vehicles with trailers), the civil liability of the owners of which is insured in accordance with this Federal Law; c) the circumstances of harm in connection with damage to vehicles as a result of a road traffic accident, the nature and list of visible damage to vehicles do not cause disagreement among the participants in the road traffic accident and are recorded in the notification of the road traffic accident, the form of which is filled out by the drivers involved in the road traffic accident -transport accident of vehicles in accordance with the rules of compulsory insurance.
Article 11.1 of Law No. 40-FZ clause 1
If at least one of these conditions is not met, the question is: Is it necessary to call the traffic police in an accident? should not arise in principle. Any deviation from the law requires the execution of documents by traffic police officers.
Paragraph 4 of the same article of Law No. 40-FZ also limits the maximum amount of insurance payment, which is limited to 100 thousand rubles.
If documents regarding a traffic accident are completed without the participation of authorized police officers, the amount of insurance payment due to the victim to compensate for the damage caused to his vehicle cannot exceed 100 thousand rubles.
Article 11.1 of Law No. 40-FZ, clause 4
The maximum amount for registration of an accident without the traffic police is determined in paragraph 5 of the same article, but applies only to cases of recording the circumstances of the incident using technical video monitoring equipment that records not only the image, but also the time of the event, as well as the coordinates of the vehicle (GLONASS/GPS system) .
In case of registration of documents about a traffic accident that occurred in the territories of federal cities of Moscow, St. Petersburg, Moscow Region, Leningrad Region, without the participation of authorized police officers, the limitation on the amount of insurance payment provided for in paragraph 4 of this article does not apply and insurance payment is made to the victim within the limits of the insurance amount established by subparagraph “b” of Article 7 of this Federal Law, subject to the provision to the insurer of data on the circumstances of damage to the vehicle as a result of a traffic accident, which are recorded using technical means of control that ensure uncorrected registration of information (photo or video recording of vehicles and their damage at the scene of a traffic accident, as well as data recorded using navigation aids operating using GLONASS or GLONASS technologies in conjunction with other global satellite navigation systems).
Article 11.1 of Law No. 40-FZ, clause 5
The amount of payments in this case can reach 400 thousand rubles.
Video instruction: registration of an accident without the participation of the traffic police
Video instructions: how to draw up a European protocol
Actions required for registration of the Europrotocol
In order to be guaranteed to receive an insurance payment, you need to know how to correctly file an accident yourself without calling the traffic police in compliance with all formalities.
Having placed warning triangles 15 m from the vehicle in a populated area, 30 m from the vehicle outside the populated area, together with the second participant in the accident, inspect the vehicles, assess the damage received, and clarify possible disagreements.
Take a photo or video recording of the relative position of the vehicle (with obligatory reference to the area), their registration numbers, and the location of damage. Take photographs of the license plates of cars whose drivers may witness an accident. Remember that filming must be completed within 60 minutes of the accident.
Clear the roadway of vehicles and begin filling out the Europrotocol.
Make sure you have valid insurance policies.
Lead Counsel. Graduated from Moscow State University. M.V. Lomonosov - bachelor's and master's degrees, majoring in jurisprudence. He regularly improves his qualifications at leading universities in the country. She began 18 years of experience in the legal field as an employee of the prosecutor's office. Subsequently, she opened a private practice, which she has been conducting for more than 10 years. The highest legal culture and dozens of won litigations allow us to declare the highest legal qualifications.
How to register an accident without the traffic police according to the European protocol
The Europrotocol is one of the convenient innovations in the insurance industry and automotive life in recent times. It allows you to register a small accident without calling and waiting for a long time for emergency commissioners and traffic police officers, and subsequently receive an insurance payment. However, the European protocol has a number of conditions and features that must be taken into account when registering.
Contrary to some opinions, the European protocol is not some special form, but the process of self-registration of an accident by its participants without calling emergency commissioners and traffic police officers. The prefix “euro” indicates that this practice was applied in Russia following the example of other – in particular, European – countries where this method of recording road accidents is widely practiced. When registering an accident under the European protocol, the same standard accident notification form is used, which is issued to you by the insurance company when drawing up a compulsory motor liability insurance contract.
Not every accident can be processed using this simplified scheme. In order to take advantage of the opportunity to use the Europrotocol, the following conditions must be met:
- no more than 2 cars were involved in the accident;
- the accident did not cause damage to property other than the vehicles involved;
- There are no dead or injured in the accident - drivers, passengers or pedestrians;
- both participants in the accident have a valid MTPL policy and are allowed to drive the car involved in the accident, or one or both participants in the accident have a car with foreign registration, but insured under the Green Card system;
- the participants in the accident have no disagreement regarding the circumstances and causes of the accident, as well as the damage caused to the vehicles.
As can be seen from the above list, the conditions for drawing up a European protocol are quite simple, but the most important circumstance is that all these conditions must be met without exception. That is, if in an accident 3 or more cars were damaged or one of the two participants in the accident damaged, for example, a traffic light, a road sign or someone’s kiosk, you will not be able to use the European protocol - you will have to call the police. The same thing awaits drivers who do not agree on the assessment of the causes and circumstances of the accident - if no one wants to admit their guilt, or there is disagreement about the scale of the damage caused, the traffic police officers and the insurance company will make a decision. If the second participant in the accident in which you are involved is aggressive, drunk or under the influence of drugs, there is also no question of any European protocol - call the police.
For MTPL contracts concluded after August 2, 2014, the maximum insurance payment under the European protocol is 50 thousand rubles . This limitation is another indirect condition for the possibility of filing an accident according to a simplified scheme: if at least one of the participants in the accident believes that the damage caused exceeds 50,000 rubles, you will have to call the traffic police officers, since using the European protocol you will not be able to receive more than this amount.
However, there is another option: for MTPL contracts concluded after October 1, 2014, the so-called “unlimited Euro protocol” is valid, the amount of payments under which is 400 thousand rubles. But in order to use it, a number of additional conditions must be met: the accident must occur on the territory of Moscow, the Moscow region, St. Petersburg or the Leningrad region, the fact of the accident and the location of the cars after it must be recorded using the GLONASS satellite system, and the cars themselves and the damage they received – using photo or video recording equipment. At the same time, the territory restriction does not apply to the place where the policy was issued: if they were issued, for example, in Samara and Vladivostok, and the accident occurred in Moscow, the unlimited Euro protocol will be relevant if all other conditions are met.
The general procedure for registering an accident under the European protocol is as follows:
- immediately after an accident, you need to stop and put up a warning triangle, preserving all traces and details of the accident;
- together with the second participant in the accident, come to an agreement regarding the culprit, the circumstances and the damage caused, taking into account the size of the maximum payment under the European protocol;
- together with the second participant in the accident, fill out one form for notification of an accident, which will clearly indicate the personal data of the participants, the circumstances and causes of the accident, the culprit, as well as the damage caused to the vehicles;
- If possible, it is worth collecting as much evidence as possible about the accident: make a photo or video recording, which will show the general layout of the cars after the accident, photographs of each of the cars with clearly visible license plates, braking marks, if any, as well as all damaged parts of both cars , including fragments and debris remaining at the collision site; in addition, you can collect contacts and testimonies of witnesses to the accident, and if there is a recording of the incident from the DVR, also save it as evidence.
If the accident occurred in one of the regions covered by the unlimited Euro protocol, and you are going to use it, then the procedure for dealing with an accident will be the same as indicated above, with two additions:
- photo or video materials recording the circumstances of the accident and the damage caused become not desirable, but mandatory - they will need to be submitted to the insurance company to confirm the fact and circumstances of the accident;
- An accident must be recorded using GLONASS satellite systems installed in the vehicles involved in the incident.
Please note: the accident report must be completed correctly, contain no conflicting statements, be signed by both parties involved in the accident, and be easy to read and undamaged. You should not leave empty columns and lines in it - you need to put dashes in them or “cross out” them crosswise or with the letter Z.
Having completed the registration of the accident, both participants can leave the scene of the accident.
After registering an accident, you must contact the insurance company within 5 working days. If you are a victim, then you need to write a claim for insurance payment and attach to it the original notification of the accident, which you filled out together with the second participant in the accident. If you are the culprit, then you need to notify your insurance company of the occurrence of an insured event within 5 business days by sending them the original completed accident notice.
Important: before submitting the original completed accident report to the insurance company, make a copy of it to present to the traffic police officers, who can stop you to check that the accident was registered.
Having completed the documentation of the accident, you can expect compensation for the damage caused. Please note: the at-fault party cannot repair the car within 15 days from the date of the accident, otherwise the insurance company may present you with a recourse claim after making a payment to the victim. If you need to begin restoration before this period expires, present the car for inspection by the insurance company and obtain written permission for repairs.
In addition
In connection with the new procedure for compensation of damages, which provides for priority of compensation in kind over monetary payments to victims of road accidents, we clarified whether this had any impact on the procedure and consequences of drawing up a European protocol. In addition, we asked the expert to clarify whether it is possible to register an accident under a European protocol, the participants of which agree to admit mutual guilt, and how compensation will occur in this case. Vitaly Knyaginichev, director of the retail business directorate of Ingosstrakh, answered our questions .
1) Is it possible to draw up a European protocol if both participants in an accident admit their mutual guilt, and if so, how will the amount of the insurance payment be calculated? Or, in order to draw up a European protocol, it is necessary that one of the participants in the accident admits his guilt, and the second acts as a victim?
According to Art. 11.1 of the Law on Compulsory Motor Liability Insurance, registration of documents regarding a road traffic accident without the participation of authorized police officers is carried out in the manner established by the Bank of Russia, if the following circumstances exist simultaneously:
- a) as a result of a traffic accident, damage was caused only to the vehicles specified in subparagraph “b” of this paragraph;
- b) a traffic accident occurred as a result of the interaction (collision) of two vehicles (including vehicles with trailers), the civil liability of the owners of which is insured in accordance with this Federal Law;
- c) the circumstances of harm in connection with damage to vehicles as a result of a road traffic accident, the nature and list of visible damage to vehicles do not cause disagreement among the participants in the road traffic accident and are recorded in the notification of the road traffic accident, the form of which is filled out by the drivers involved in the road traffic accident -transport accident of vehicles in accordance with the rules of compulsory insurance.
According to paragraph 22 of Art. 12 of the Law on Compulsory Motor Liability Insurance, if the degree of guilt of the participants in a traffic accident is not established by the court, the insurers insuring their civil liability bear the obligation established by this Federal Law to compensate for damage caused as a result of such a traffic accident in equal shares.
Thus, if both participants in an accident admit their guilt and there are no disagreements between them, then payment is made taking into account mutual guilt in the amount of 50% of the amount of damage, but not more than the liability limit under the “European protocol”.
2) In connection with the new procedure for compensation for damage caused in an accident, which provides for the priority of compensation in kind over monetary payment, what is the procedure for participants in an accident when registering it under the European protocol and after registration?
The method of registration of an accident (with or without the participation of police officers) does not affect the form of compensation for harm. The only difference is the liability limit for repairs, which according to the “European protocol” can be 50,000 rubles.