What to do after an accident with the insurance company?

Procedure in case of an accident under compulsory motor liability insurance in 2019

This type of insurance allows you to pay for damages after most accidents. Despite this, not all drivers know in detail how compulsory motor liability insurance works in case of an accident. Our review will eliminate gaps in knowledge and allow better on-the-spot guidance in situations that are considered critical.

In fact, this insurance is mandatory for all drivers (with the exception of owners of vehicles traveling at speeds up to 20 km/h) - this policy covers motor third-party liability. If a citizen does not insure his car and turns out to be the culprit of the accident, then the insurance compensation will not be paid. Thus, OSAGO is intended to pay monetary compensation to the injured innocent party to compensate for damage caused to health, life or property. Expenses arising as a result of an accident are paid by the insurance company of the person responsible for the accident; the driver himself does not make payments. Currently, the maximum amounts provided for this policy are established:

• 400 thousand rubles for compensation of property damage;
• 500 thousand rubles for compensation for damage to the health and life of a participant in an accident (the amount is indicated per person).

Compensation for moral damage or lost profits is not provided under compulsory motor liability insurance.

There are situations when the insurance company may refuse to pay:

1. The driver was a person not included in the insurance. An exception is insurance issued for an unlimited number of persons.
2. The accident occurred at a specialized site during an experimental or training activity.
3. The accident occurred on the territory of the enterprise while performing loading and unloading operations or while an employee was performing his job duties.

If the driver did not have the right to drive the car, caused harm intentionally, was under the influence of alcohol, drugs or toxic substances, or fled the scene of the accident, the insurance is still paid, but the insurer can go to court and recover the costs incurred from the culprit.

What should the culprit do in case of an accident?

When an accident occurs, it is important for the culprit not to panic and not to leave the scene of the accident in order to try to avoid responsibility; this most likely will not work, and more troubles will arise. Nowadays, with the development of technology, finding a driver by car number is not difficult. Therefore, it is extremely important to know how to act after an accident under compulsory motor liability insurance if the driver is the culprit of the accident. Correct behavior in such cases helps to minimize possible negative consequences. In general, the algorithm for the actions of the culprit after a car accident under compulsory motor liability insurance is extremely simple:

1. 1. Call the traffic police. If the accident is minor and there are no disagreements between the participants, it is possible to reach an agreement without involving third parties and draw up a Europrotocol. If not only the car, but also another person was injured, first of all you need to call an ambulance.

1. You cannot move the vehicle to another location or move its parts. Emergency signs must be posted on roads. However, if there are no casualties or critical damage to the vehicles, the vehicle must be removed from the roadway after recording all the details on the accident diagram.
2. It is necessary to take video or photograph of the scene of the incident - this is done in the presence of the victim. The video recording or photographs should show the position of the vehicles after the collision, their damage and other details characterizing the accident. The victim’s car is carefully inspected, all damage is necessarily photographed in order to avoid further disagreements regarding compensation for damage.
3. It is necessary to record the personal and contact information of all participants in the accident and witnesses.
4. Insurance information should be exchanged with the victim. Contacts of insurance companies are transmitted; if there is a CASCO policy, its number is also recorded.
5. It is necessary to issue a notification of an accident; all participants in the incident must sign it.
6. You need to find out when a decision on an accident will be made; if this is done by a police officer on the spot, read it carefully. When the culprit does not agree with some facts when registering an accident, he makes an entry about this in the protocol, after which he can challenge the conclusion of the accident within 10 days.
7. At the end of the procedure, obtain and check the correctness of the documents regarding the accident: a certificate of the accident, a protocol and a resolution on an administrative offense.
8. Notify your insurer.

According to Article 11, 11.1 of the law on compulsory motor liability insurance, when drawing up the Europrotocol, both parties need to send their copy of the document to the insurance company. Duration – 5 days. Then the insurers must receive a request to send the vehicles for inspection (this is given 5 days from the date of receipt of the letter).

A European protocol can only be issued in case of a minor accident if the following conditions are met:

• there are no victims or injured;
• the amount of property damage does not exceed 100 thousand rubles;
• there are only two participants in the accident, and each of them has a valid MTPL policy;
• no other property damage was caused other than damage to the vehicle;
• the parties have no disagreement regarding the incident.

The document is filled out with a simple pen on both sides; the circumstances of the accident must be stated in a concise and clear form.

What to do if you are in an accident and you are not at fault

First of all, you need to call the traffic police to draw up a report. You cannot move the car until the traffic police arrive. The scene of the incident and the damage must be filmed or photographed. You will also need to obtain from the person at fault the contact information of his insurance company. In addition, the victim has the right to demand that the traffic police officer send the person responsible for the accident for a medical examination to identify possible alcohol or other intoxication.

According to Art. 11 The correct actions of the victim after an accident under compulsory motor liability insurance should be the following sequence:

1. It is necessary to call the offender’s insurer and tell about the incident and, if necessary, answer questions.
2. Write a claim for damages and submit it to the insurance company. Typically, a representative of the insurer inspects the vehicle, and this procedure must be carried out in the presence of the person at fault. If the damage is serious, you will need to invite an expert.
3. Make copies of documents regarding the accident provided to the insurer (it is recommended to do this according to the inventory). It is fundamentally important that the date of acceptance is indicated on the document, since the day of payment depends on it.
4. Wait for payment. The insurance company must transfer the money within 20 days after receiving the documents, otherwise a penalty will be charged for each day of delay.
5. Repair the vehicle.

The insurance payment may not cover the repairs, and this is normal, since the reimbursement is an approximate calculation. If the total cost of repairs does not fall within the established limit, you simply need to keep the receipts for the missing amount and provide them to the offender’s insurer.

• European protocol or certificate of accident;
• notification of an accident;
• protocol on administrative violation;
• rights;
• documents confirming ownership of the car;
• power of attorney for the car (if necessary);
• OSAGO policy;
• account details for transferring money.

If an examination was carried out during all the activities, documents related to it are also provided: a conclusion and receipts for payment for services. When evacuating a car, additional documents confirming this fact are issued.

Is the culprit required to notify his insurance company?

The correct actions of drivers who fall into this category are extremely important. Since not everyone who causes an accident clearly understands what to do with the insurance company responsible for the accident, some of them may not report the incident. It is the responsibility of the person at fault to notify your insurance company. This requirement is established by Article 11 of OSAGO. Otherwise, the insurer may either refuse to pay or recover through court the amount of its costs from the culprit.

When talking with a representative of the insurer, the driver must inform him that he was the culprit of the accident and provide the following information:

• number of road accident participants;
• place and time;
• data on vehicles (numbers, brands, production dates);
• information about the presence of victims and injured people, as well as their condition.

What to do if the culprit of the accident does not admit his guilt

Sometimes during an accident a controversial situation arises in which it is difficult to identify the offender, or he refuses to admit his guilt. Many do not know what to do in this case and make the situation unacceptable. In this case, the correct procedure if the culprit does not admit his guilt is the following algorithm:

• leave the car in its original condition, but you need to turn on the hazard lights and put special signs on the road;
• call a traffic police officer to record the incident;
• contact the insurance company;
• contact the traffic police to document all the facts that influence the court's decision on the person at fault - witnesses to the incident must also come and provide their testimony.

In a situation where the offender does not admit his guilt, it is better to seek the help of a competent lawyer. Sometimes traffic police officers offer to wait two months and come to an agreement with the culprit, because after this period a protocol on the administrative violation can no longer be drawn up. But this is fraught with problems with obtaining compensation from the insurer, because all companies require the immediate provision of documents regarding the accident.

Sometimes it happens that the culprit, who previously admitted his guilt, subsequently retracts his words and goes to court. In this case, the victim will have to prove his case in court proceedings, and this procedure may drag on for several months.

The refusal of the violator to admit his responsibility is a common practice, because under compulsory motor liability insurance payments are due only to the victim. Therefore, it is important to independently video and photograph the scene of the accident, give clear testimony when drawing up a protocol, and keep copies of documents about the accident. All this will help you prove your case in court.

Does compulsory motor liability insurance apply if the incident occurred in a parking lot or in the yard?

A car can be damaged not only in an accident. Moreover, not all drivers are able to quickly figure out what to do if they grind or scratch their car in the yard or in the parking lot. If the car is damaged as a result of a collision with another vehicle, this is an insured event under the MTPL policy, for which compensation is due. When the damage was caused by a pedestrian, a third-party object (for example, an icicle or a tree branch) or the owner himself, insurance is not required.

In case of an accident, only the victim will receive payment under the compulsory motor liability insurance policy. To do this, he needs to record the fact of the accident with the help of a traffic police officer or by drawing up a Europrotocol. Documents regarding the accident are submitted to the insurance company of the culprit, and payment is made within 20 days. The law sets maximum limits for compensation amounts. If the offender refuses to admit his guilt, the other party needs to contact the traffic police or court.

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Insured event under compulsory motor liability insurance - what should the victim do?

Having a compulsory auto insurance policy does not guarantee compensation in the event of a traffic accident, because companies are in no hurry to compensate for losses. To receive money, it is necessary to recognize the accident as an insured event. But many drivers do not know by what criteria it is established. To protect your own rights, you need to study what an insured event is under compulsory motor liability insurance, how it is determined and how to receive compensation from your insurance company.

Concept and legislative framework

In accordance with Part 11 of Art. 1 of the “Law on Compulsory Motor Liability Insurance”, an insured event (SS) is the onset of civil liability of a motorist as a result of damage to property, life or health of another person during the operation of a vehicle. Everyone involved in the accident must have a valid agreement with the insurance company.

To determine an insured event in case of an accident, two criteria are used:

• object of insurance – motor third party liability of the culprit;
• subject of insurance – movement of a vehicle along a certain trajectory.

To recognize a case as insured, a combination of 3 factors must be present:

• MTPL insurance – every driver must have a valid policy;
• the fact of movement at the time of the accident;
• damage to property or health.

1. The car caught fire from another car in the parking lot; each driver has an MTPL policy. Two conditions for recognizing a case as insured are present, but the fact of vehicle movement is missing. This means you can’t count on payment. If the lawyers prove that there was some movement, for example, of the doors (as a structural part of the car), then there is a chance to get money. But according to the general principle, this case is not included in the list of insurance cases.
2. The car was hit by a fence while maneuvering to avoid another vehicle. In this case, the damage was not caused by another car, and the insurance company can classify this as a non-insurance event. In fact, this is a non-contact accident, and compensation is due here, but to obtain it, additional examinations will be required to prove the fact of the maneuver and the guilt of the other car.

Thus, an accident can occur under different circumstances, and in some cases it is necessary to know exactly how to act in order to receive money.

Types of insurance cases

There are two types of insurance cases:

In the first case, everything is clear - at least one vehicle must move, as a result of which an accident occurs. The insurance company protects the interests of the victim by paying him compensation for the damage received.

The second option for insured events is possible only if there is a corresponding clause in the contract or additional CASCO insurance has been issued. It could be:

fire or arson;

other damage caused by third parties.

Uninsured events

The legislation defines cases in which the company’s refusal to pay will be lawful. According to Part 2 of Art. 6 No. 40-FZ, the list of insurance risks is as follows:

damage caused by a driver who was not included in the agreement with the insurance company;

causing moral damage;

the emergence of an obligation to compensate for lost profits;

causing damage during a training trip, competitive or test events;

damage caused by cargo, for which separate insurance must be issued;

causing harm to employees during the performance of labor functions, provided that this damage is compensated by other types of insurance;

damage caused by the driver to the transported cargo or equipment;

causing damage during unloading or loading of transport;

causing a defect or complete destruction of unique items;

harm to passengers during their transportation, if the damage is compensated by another type of insurance.

What to do in case of a car accident

Algorithm of actions

The procedure to follow after a car accident is as follows:

Checking for victims in all cars involved in an accident. If they are, an ambulance call is required.

Call the State Traffic Inspectorate, who will issue a certificate, and notify your insurer.

Recording all the circumstances of the accident in a photo or video (it is important that everything remains in its place).

Conversation with witnesses, if any. Recording their testimony on camera and obtaining contact information.

Clearing the road from the car after the State Traffic Inspectorate officers arrive and draw up a protocol.

Checking and signing the protocol. Particular attention should be paid to the correct indication of the personal data of the participants in the incident, information about the car and policy details.

A visit to the State Traffic Inspectorate to obtain a certificate of initiation of a case or refusal of it.

Transfer of a package of documents to the insurance company (before the expiration of the five-day period after the accident).

Next, a day will be appointed for the examination, before which no repair work can be carried out. The amount of insurance payment will be established on the basis of this technical inspection report.

If everything is done correctly and the incident really falls into the category of insured events, it is possible to receive compensation in the form of:

payment for repair work.

Important! If the company refuses to compensate for damage, but the case is insured, you can seek fulfillment of obligations through the court.

How to make an application

The statement that an insured event has occurred does not have a legally regulated form. Each insurance company has its own criteria according to which the document must be drawn up, so it is better to write it in the company’s office.

There are also general requirements for information that must be contained in the application. This:

information about the participants in the accident (personal, passport and contact information);

information about the vehicle;

description of the insured event – ​​structured with as much detail as possible;

listing the consequences that occurred;

details of the mandatory policy;

signature and date of document preparation.

List of documents

The following list of documents must be submitted along with the application:

driver's license of the policyholder and all persons specified in the agreement and having the right to drive the vehicle;

notification of an accident;

a certificate from the State Traffic Inspectorate regarding the initiation of a case or refusal;

documents for the car - STS and/or PTS;

receipts for expenses incurred (for example, payment for parking before the examination);

account details for transferring payments;

power of attorney if the applicant’s interests are represented by a third party.

Depending on the policy of a particular insurer, this list may be supplemented.

Contact options

The following list of documents can be submitted to the company:

by visiting the insurer's office in person;

sent by registered mail.

You can apply for compensation for damage:

by contacting the insurance company of the culprit;

submitting an application to your insurer (for direct compensation for damage).

The second option is relevant if:

the number of vehicles involved in the accident is at least two;

each driver has a valid MTPL;

The damage was only to cars.

Note! Unreported incidents are not paid by insurance companies. This means that if the drivers resolved the dispute on the spot and the culprit immediately handed over compensation, it is useless to apply for payment.

The package of documents along with the application must be sent to the insurer no later than 5 days after the car accident. The company has 20 days to consider the appeal, after which the policy owner must be notified of the decision.

If a refusal to receive payment is received or the amount of compensation does not suit the victim, legal proceedings can be initiated.

What payments can you expect?

In accordance with Art. 7 No. 40-FZ in case of a car accident, the injured party can receive:

up to 500 thousand rubles, if damage is caused to life or health;

up to 400 thousand rubles, if only the vehicle was damaged.

The final amount of compensation depends on:

results of examinations: technical, medical, traceological, traffic, etc. (depending on the specific circumstances of the incident);

vehicle characteristics: make, model, year of manufacture, actual wear and tear at the time of the incident;

driver class, region of registration and other MTPL coefficients.

Damage can be compensated in the form of:

carrying out repair work.

In the latter case, we are talking about service stations of the insurer. The decision to independently choose a master can lead to problems in receiving payment for the work performed.

Let's sum it up

The presence of compulsory motor liability insurance implies the receipt of compensation in the event of an accident. However, for this the case must be recognized as insured.

Basic conditions for receiving compensation:

availability of an object (automobile liability) and subject (vehicle traffic) of insurance;

a set of 3 conditions: the presence of a valid insurance policy for all participants in the incident, the fact of vehicle movement and damage to property or life/health;

It is possible to receive compensation without an accident (hijacking, theft, arson and other damage caused by third parties), if this is specified in the agreement.

To receive payment for an insured event, you must notify the State Traffic Inspectorate and the insurer about it, and also submit to the latter a request for compensation along with the established package of documents.

You should not count on money if:

the case is specified in Part 2 of Art. 6 No. 40-FZ;

the cars were not in motion at the time of the accident;

the driver was a person not specified in the contract, or the driver does not have a policy;

deadlines for submitting an application have been missed;

the car was repaired before the inspection by the insurer;

the car is sent for repair to a service station that is not a partner of the insurer (unless there is a prior agreement).

Thus, receiving compensation in the event of an insured event has its own characteristics. It is important for the driver to know about them in order to be able to protect his rights and be able to challenge the actions of a company that does not want to fulfill its obligations under the contract.

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:

1. Turn off the engine.
2. Apply the parking brake.
3. Turn on the alarms.
4. 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

1. If there are passengers, interview and inspect them for injuries.
2. Approach the car/cars of other participants in the accident, determine whether there are victims inside.
3. 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.
4. 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:

1. 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.
2. They forget to record the scene of the accident in photos/videos or do it incorrectly.
3. 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.
4. They agree on voluntary compensation for damage without involving an insurance company and do not draw up a receipt.
5. They sign the protocol without familiarizing themselves with its contents.
6. 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.

Actions after registering a traffic accident

Any driver should know the procedure after reporting an accident, regardless of his experience and confidence. On the road, everyone is at risk of getting into an accident, and the receipt of insurance compensation depends on the correct actions of the driver, whether he is injured or the culprit.

What should the person at fault do after the accident has been registered?

The actions of the culprit after registration of an accident will differ slightly depending on whether the driver has a CASCO policy in addition to compulsory motor liability insurance or only the second one.

If the culprit of a traffic accident has only a compulsory motor liability insurance policy, the procedure will be as follows:

• take a video or photo of the accident in the presence of the victim: the damage to the cars after the accident, their position and everything related to the incident should be visible;
• it is necessary to write down the contact and passport details of the victim (i.e. the owner of the car), if there are witnesses, their data is also needed during registration;
• it is necessary to exchange data on MTPL policies; if the victim has CASCO insurance, then his number, etc. should also be written down;
• Next, both participants in the accident need to issue a notification about the traffic accident, and the person responsible for the accident needs to make sure that the victim signs the notification;
• the culprit needs to find out when the case of an accident will be considered, if it is considered on the spot by police officers, then take part, and if you disagree with the decision, write “disagree” under your own signature and state your version of what happened (any result of the consideration of the case can be challenged within 10 days after registration of a traffic accident) ;
• Next, you need to obtain a protocol of an administrative violation, a certificate of an accident and a resolution on an administrative violation; on each of the documents you should immediately check whether they are filled out correctly and whether all signatures are in place;
• You cannot promise the victim compensation for harm, in any form - neither verbally, nor in writing, nor directly or indirectly;
• the person at fault for the accident needs to monitor how the process of collecting and submitting the victim’s documents to insurers is progressing;
• It is necessary to separately photograph all the damage to the culprit’s car, since disagreements between the parties are likely after the accident is registered;
• there is no need to refuse to inspect the victim’s car, you should do it carefully and, in case of disagreement with the experts, write all comments in the report.

The victim may personally demand compensation from the culprit to compensate for the damage to one degree or another. In this case, you should invite him to go to court, but not satisfy his demands.

If the culprit of a road accident, in addition to the MTPL policy, has CASCO insurance, then, in addition to the above, you need to do the following:

• strictly follow the rules and deadlines specified in the CASCO agreement;
• write an application for insurance payment under the policy, and after its acceptance and registration, make a copy with the date of acceptance and signature of the employee;
• find out the insurance case number, which will help you receive information about its settlement in the future;
• obtain a referral from insurers to inspect the car and present it on the specified date;
• make copies of all documents that must be presented to insurers, or better yet, obtain from the employee a list of accepted papers with his signature.

If there was no payment under CASCO after the accident was registered, or it does not cover repairs, you should go to court, and also file a complaint with the insurance supervision.

What should a victim do after registering a traffic accident?

First of all, after registering an accident, the victim needs to call the insurers of the culprit so that they register the insured event. It is necessary to tell everything that is known about the accident and, if necessary, answer questions.

No later than 5 days after registration, the victim should come to the insurers to write a statement. Employees may offer to inspect the car, you must agree to this, and in case of significant damage, invite your expert. During the inspection and when drawing up the report, the culprit must be present: this will be necessary if you have to go to court regarding payment.

Each document presented to the insurers must be copied for yourself, and so that the marks of acceptance are visible. Be sure to take into account the date of acceptance on the last document, since it begins the countdown of the 20 days during which the payment must be made. From the first day of delay, a penalty is charged.

The insurance payment may not cover the repairs, since the calculation of the amount is made based on the damage to the car indicated in the report and the approximate cost of repairing them. In this case, you need to accept the payment, repair the car, keeping the work orders, receipts and work acceptance certificates. And with these documents, contact the insurers of the person responsible for the accident.

If during repairs hidden defects from the consequences of an accident are discovered, which often happens, an additional inspection should be carried out by calling a representative of the insurance company and the person responsible for the accident.

If the victim of a traffic accident has CASCO insurance, then he will need:

What to do after filling out the European protocol?

A European protocol is drawn up after an accident, when the participants decide to resolve the incident among themselves, without the traffic police. They themselves determine who the culprit is, both have compulsory motor insurance and notices in their hands, there are no victims of the accident, and only both cars of the participants themselves are damaged.

When the damage to an innocent driver does not exceed 100,000 rubles, it is permissible to draw up a Europrotocol if there are disagreements. In case of damages from an accident from 100,000 rubles. up to 400,000 rub. It is permissible to draw up a Europrotocol only if there are no disagreements and using the special application “Accident.Europrotocol”.

After filling out the Europrotocol, both participants must deliver notices to their insurers no later than 5 days after the accident. This can be done by mail, but it’s better in person: come to the office, take a document confirming receipt of the form, which should have a stamp on it, and don’t forget to make a copy of the notice for yourself.

If the Europrotocol form is sent by mail, then this is done exclusively by registered mail with notification of receipt, and there must be a list of enclosed documents. Along with the letter, a copy of the accident notice must be sent to the insurer by fax. The inventory and notification of receipt of the letter should be kept.

After this, those involved in the accident must receive a letter requesting that their cars be sent for inspection. And no later than 5 days from the date of receipt of the letter, they need to do this. However, such a requirement is considered legal only if it is written; none of the participants is obliged to satisfy it orally.

Filling out the back side of the notice

Before you start filling out the notification yourself after registering an accident, you must take into account that:

• It’s better to write with a ballpoint pen, because ink or gel pen will smear from the slightest moisture, but a pencil can be erased and forged;
• both parties to the accident must fill out one notification form, and it does not matter which of them provides it.

Drivers fill out the back side themselves. Here you will need to provide additional information about the accident itself and the cars of the participants.

If there is not enough space on the form, you can add information on a blank sheet of paper, which you can then attach to the notice. In this case, you must make a note on the back that there is an application and indicate who compiled it.

If the driver has a video recording of the accident, this must be noted in the notice and a copy of the recording must be given to the insurers. It can be proof that a particular participant is right after a traffic accident.

Markings in cells should be made using a tick or cross. In columns where there is no information, you should put either a dash, or the Latin letter Z, or the word “no”.

Contacting an insurance company for compulsory motor liability insurance after registering an accident

To submit an application to the insurance company for compulsory motor liability insurance after registering a traffic accident, you must prepare the following package of documents:

• certificate of accident, if it was not issued according to the European Protocol;
• notification of an incident;
• protocol of administrative violation;
• paper on the ownership of the car;
• resolution in a case of administrative violation;
• driver's license or power of attorney for the car;
• bank details;
• OSAGO policy.

The driver may also need the following documents:

• if there was an independent examination, its conclusion on the amount of damage will be required;
• papers confirming payment for the work of an independent expert;
• If the car has been towed, documents about evacuation and storage are needed.

When handing in papers, you must keep a copy of each for yourself. In addition, they must be accepted according to the inventory.

If disagreements arise between the insurer and the driver regarding the fulfillment of obligations, the driver can send a complaint to the insurance company. In this case, supporting documents must be attached to it. The complaint must be considered no later than 5 days after filing, and responded to within the same period. Without submitting a claim to the insurer and an executed document confirming this, the court will not consider the driver’s claim.

Receiving payment under compulsory motor liability insurance

If the accident is recognized as an insured event, after registering the accident, the victim will have the choice of either receiving payment in cash at the company's cash desk or into his bank account. If the compulsory motor liability insurance policy was issued after the introduction of the amendment to the law on compulsory civil insurance in April 2017, the driver will be offered to have the car repaired at the service center with which the insurers have an agreement.

After registering a traffic accident, the culprit does not receive payments; his car, trailer, cargo or equipment that was damaged in the accident is not repaired under compulsory motor liability insurance.

The maximum amounts of payments under compulsory motor liability insurance, according to the law, are as follows:

• in case of property damage, the limit is RUR 400,000. to each victim;
• in case of harm to health or life - 500,000 rubles. to every victim.

These limits are valid for each insured event, regardless of the number of accidents during the policy period and which insurance company the victim contacted.

Nuances of driver actions after registration of an accident

There are many nuances in the correct algorithm of actions for each case of registration of an accident, and sometimes even representatives of insurance companies themselves can give conflicting advice. It is impossible to take into account and list everything, but the most basic ones will be as follows:

• be sure to fill out the back side of the notice under the Europrotocol legibly, preferably in block letters and without corrections or errors, because if filled out incorrectly, payment may be refused;
• neither the victim nor the culprit should undertake car repairs themselves until 15 days have passed from the date of the accident, excluding weekends and holidays - this period is needed so that insurers can inspect the car;
• Once the notice forms are signed and separated, no corrections can be made to them;
• if the victim has received a referral from the insurer to repair the car, he cannot choose a service station himself, and cannot control the progress of the repair;
• if the victim receives monetary compensation under compulsory motor liability insurance, he should not start repairing the car until he receives the payment, because if it is delayed and he has to go to court, another technical inspection may be required.

And, in addition, the culprit of the accident must remember that the statute of limitations in these cases is 3 years, during which he must store all materials after the accident has been registered.

What should a victim do after an accident?

Good afternoon, dear reader.

This article will talk about what to do after an accident for the injured driver. Namely, the preparation of documents and applying to the insurance company for payments under compulsory motor liability insurance will be considered.

Let me remind you that the article “Memo in the event of an accident” discussed the features of registration (including independent) documents at the scene of a traffic accident. However, this is only the first part of the operation to receive insurance payment.

Moreover, if you have completed any paperwork about the accident (no matter whether it involved police officers or not), you will have to contact the insurance company to submit your copy of the accident notice within 5 days from the date of the accident. This is stated in paragraph 3.8 of the rules for compulsory civil liability insurance of vehicle owners.

Let's look at how to prepare for contacting an insurance company:

Additional completion of road accident documents

Currently, most road accidents must be registered without the participation of police officers (New rules for registration of road accidents from July 1, 2015). The traffic police officers themselves are also in no hurry to go to the scene of “minor” accidents, and if they have already arrived, they do not deal with the registration, but “force” drivers to fill out the documents themselves. This complies with traffic regulations, so there is nothing to complain about here.

As a result of independently registering an accident, the injured driver ends up with only one document in his hands - a notification of a traffic accident . It is with this that you will have to contact the insurance company to receive compensation under compulsory motor liability insurance.

Note. From November 10, 2019, the notice can be filled out not only on paper, but also in electronic form (via an application). You can find out more about this in a separate article.

Let me remind you that at the scene of an accident, drivers together fill out only the front side of the notice. Each driver must fill out the reverse side independently.

The reverse side of the notice looks like this:

Let's consider filling it out.

14. Select a vehicle according to the front of the application. If your car was on the left, then select A, if on the right, then B.

15. Circumstances of the accident. This is the main item that needs to be filled out very carefully. I recommend formulating the text in advance (for example, in a computer text editor), and only then adding it to the notice.

This paragraph must contain, first of all, information about what the other road user has violated (including the traffic rules). In addition, you can additionally enter information to exclude your fault in the accident.

For example, you can specify:

I drove onto the Moscow highway. Stopped to comply with the requirement of sign 2.4 “Give way.” The driver of car B violated paragraph 10.1 of the traffic rules and caused a collision with a vehicle in front.

This explanation is quite enough to receive payment under compulsory motor liability insurance.

Cross out the remaining blank space to prevent adding unnecessary information there.

16. If the car was driven by the owner, then check the first box, if another person - in the second.

17. If the car cannot move under its own power, then check the second box and indicate the location of the vehicle.

18. Notes from participants. This field also requires completion. If you would like to attach photographs or video recordings to the notice, please write this in this field. For example:

I am attaching a CD with photographs of the scene of the traffic accident (43 photos) to the notice.

Also in field number 18, disagreements between the participants in the accident are indicated, if such disagreements occurred. Let me remind you that in case of disagreement, you can file an accident yourself only if you have an application from the union of auto insurers or the presence of the ERA-GLONASS system on at least one of the cars.

Cross out the remaining blank space.

In addition to notifying the insurance company, you will need:

1. All documents for the car (PTS, registration certificate, OSAGO policy).

2. Your documents (driver’s license, passport, power of attorney, etc.).

3. Bank details of your account printed on a sheet (if you do not want to repair the car, but want to receive money).

Note. In 2019, repairs take priority over cash payments. That is, in most cases, the insurance company will repair the damaged car.

If in your case a choice is possible, then it makes sense to think in advance which method of compensation you will choose: repairs or money.

repair if you really want to repair your car and it doesn’t matter to you who will do the repairs. If you choose repairs, the insurance company must pay for it in full, i.e. You are guaranteed to receive a restored car. A possible disadvantage of repairs is that it can take considerable time (a month or more).

money if you are not going to repair the car at all. For example, in the case of minor scratches.

It is also advisable to choose money if you are going to do the repairs yourself. Or you want to contact a trusted organization to restore your car.

I note that in practice, insurance companies often pay an amount that is not enough to completely restore the car. In this case, it is necessary to conduct an independent technical examination and recover the remaining amount from the insurance company through the court.

Contacting an insurance company for compulsory motor liability insurance

Before going to the insurance company to file a claim, I recommend calling them. The fact is that, firstly, you cannot submit an application at any office, and, secondly, not at any time (there must be an employee on site assessing the damage).

You will need to fill out an application with the insurance company, wait for the damage to the vehicle to be assessed and sign the corresponding document. In principle, nothing complicated, but in practice the whole procedure can take 2-3 hours of your time.

One more note. You need to go to the insurance company confident that you are right.

When I contacted the insurance company for payments, the employees said the following:

1. The notice was filled out with one hand, so you should not count on payments.

It is quite natural that the victim filled out the notice on his own. The culprit may intentionally make mistakes in order to avoid payments.

2. The copy of the notice does not say anywhere that the culprit admitted his own guilt.

This is also quite logical, because this copy of the notice is filled out by the victim. There are no fields reserved for the culprit. In addition, drivers are not generally required to independently determine the culprit of an accident. They only need to agree on the circumstances of the accident and the list of damages.

In general, if they tell you something like that, don’t be alarmed. The listed features of the notification do not affect the fact of payments.

Before giving the signed documents to the insurance officer, I recommend photographing them. Firstly, later you will be able to see what the insurance company wrote. Secondly, you will have evidence that you submitted documents to the insurance company at all.

Receiving compensation under compulsory motor liability insurance

After you have submitted an application to the insurance company, you can only wait for a referral for repairs to be issued or payments to be received. This must happen within 20 calendar days:

21. Within 20 calendar days , with the exception of non-working holidays, and in the case provided for in paragraph 15 3 of this article, 30 calendar days, with the exception of non-working holidays, from the date the victim’s application for insurance compensation or direct compensation for losses was accepted for consideration and documents attached to it, provided for by the rules of compulsory insurance, the insurer is obliged to make an insurance payment to the victim or, after inspection and (or) independent technical examination of the damaged vehicle, issue the victim a referral for repair of the vehicle indicating the service station where his vehicle will be repaired and which the insurer will pay for the restoration repair of the damaged vehicle, and the repair period, or send the victim a reasoned refusal of insurance compensation.

If the insurance company agrees to pay monetary compensation, the money will be transferred to the account you specified when submitting your application. If the amount received does not suit you, then you can conduct an independent examination and go to court for additional payments.