Where to apply for a European protocol after an accident
Where to apply for a European protocol after an accident
Drawing up a European protocol is one of the ways to save drivers time after minor accidents. The notification form must be filled out on site. After this, it must be transferred to the insurance company to receive compensation payments or send the car for repairs. Drivers do not always know where exactly to go with a completed notice and how to act correctly after an accident in 2019.
This article will tell you where to go with a European protocol after an accident and how important it is to follow the procedure for notifying the insurance company about an accident.
Which insurance company should I contact?
According to the law “On Compulsory Motor Liability Insurance”, participants in a road accident can independently. It is not necessary to call the traffic police. It is possible, without the involvement of traffic police inspectors, to register an accident according to the European protocol under the conditions that:
- The culprit of the accident admits his guilt.
- Only two vehicles were involved in the accident.
- The accident did not cause harm to human life or health, or to the property of third parties.
If these same factors coincide, the rule of direct compensation for losses applies.
This means that payments will be made directly by the victim's insurance company. In this case, both drivers must carry documents, each to their own insurer. This must be done within 5 days from the date of the accident. The period begins to run from the next day after the registration of the accident report. Weekends and holidays are not taken into account.
Attention! The notice can be given in person or sent by mail. The main thing is to keep confirmation of the notification.
Violating this rule can lead to serious problems. A victim who fails to notify the insurer about an accident without good reason runs the risk of not receiving payment. The culprit of the accident, who forgot about his responsibilities, will receive recourse after compensation is paid to the victim.
Where to complain about the insurance company
Despite the theoretical convenience of the European protocol, many drivers prefer to wait for several hours for a traffic police inspector, even if we are talking about a couple of scratches on the bumper. The fact is that insurance companies often try to unreasonably refuse payments or reduce compensation. In some cases, company employees use various schemes to create situations in which the client will be guilty of failure to fulfill the terms of the contract, even without wanting it. For example, employees:
- They refuse to accept the notice under various pretexts. Thus, the period of 5 days expires, and it is extremely difficult to receive payment.
- They ask to submit a copy instead of the original notice, and then it turns out that the notice was not submitted, since only the original must be submitted.
- They forget to sign the acceptance of the European protocol, and then they say that it never existed at all.
- They claim that the notification mail did not arrive or was empty.
Of course, it is desirable to resolve everything peacefully and locally, but sometimes this is impossible.
Attention! In all such situations, it is necessary to complain about the illegal actions of the insurance company to the Russian Union of Auto Insurers (hereinafter referred to as RSA).
This can be done by submitting an application. It states:
- The name of the organization against which the complaint is being made.
- Insurance contract data.
- The action or inaction that gave rise to the complaint.
- An article of the law and a clause of the contract that, in the opinion of the policyholder, was violated by the insurer.
All information must be provided briefly and concisely. Otherwise, consideration of the complaint will either be delayed, or it will be completely lost among hundreds of its own kind.
However, the policyholder is not at all obliged to comply consistently and contact the RSA. Sometimes, it is much more effective to immediately resolve issues in court.
When do you have to go to court?
Unfortunately, going to the insurance company does not always end the matter.
Sometimes the only solution is to take the case to court. There may be several reasons:
- The insurance company refuses to pay, citing, for example, errors in filling out the European protocol form or for some other reason. They may be justified or not, but usually this can only be decided in court.
- The insurer underestimates the amount of compensation payments. Refunds must be calculated based on the purchase of new parts, excluding wear and tear. Insurance experts often underestimate already small amounts under the European protocol.
- The amount of damage turned out to be greater than provided for under the European protocol. The compensation limit for registration without the involvement of traffic police inspectors is 100,000 in the regions and 400,000 in Moscow, St. Petersburg, as well as adjacent areas. Sometimes drivers at the scene of an accident cannot realistically assess the damage and agree to the European protocol in an effort to leave as soon as possible. As a result, the insurance company pays the maximum amount, and the victim will have to pay the rest either out of his own pocket or in court to demand from the person responsible for the accident.
- Regression requirements. If the culprit of the accident violated the requirements of the law “On Compulsory Motor Liability Insurance”, for example, did not submit a notification of the accident to the insurer within 5 days, he will most likely receive a recourse claim. If the demands are justified and it is not possible to reach an agreement out of court, then the issue will ultimately have to be resolved in court.
- The policyholder did violate the terms of the insurance contract, but this happened for good reasons. For example, the five-day notification period for a traffic accident has been missed. At this time, the driver was hospitalized for reasons unrelated to the accident and could not inform the insurance company even by mail. This fact is documented. In this situation, the court will most likely side with the plaintiff and restore the term.
In each of these situations, it is advisable to contact an experienced motor vehicle lawyer, who will assess the prospects for litigating the case in court.
So, every driver who has drawn up a European protocol must contact his insurance company with a notification of the DPI within 5 days. Otherwise, there are risks of not receiving payments or fighting for them in court.
What to do with the European protocol after registration of an accident
The stressful moment passed, the drivers came to a mutual agreement and filled out a notification about the accident, put their signatures on it and went about their business, each with their own copy. Everything is great, the traffic police officers were not disturbed, the form was filled out on their own. But a completely logical question arises: what to do next after drawing up the European protocol? Below we discuss in detail the full algorithm of actions for both participants in the accident, from contacting the insurance company to receiving payments or providing repairs under compulsory motor liability insurance.
After filling out, you need to describe the circumstances of the accident on the back of the form.
Immediately after drawing up a European protocol with another participant in the accident, do not forget to check the presence of original signatures in each copy. They will be required when you subsequently contact the insurance company to review your case.
When both participants disconnect the notification of a traffic accident and take one copy of the form, each of them is required to draw up and describe their version of the circumstances of the accident on the back of the form. This does not have to be done on site. Together, only the front part of the European protocol is filled out; the remaining information can be filled out at home.
Some advise taking legal advice, but you can also use the sample circumstances provided on the website evroprotokoly.ru. When these actions are completed, the participants in the accident need to contact their Investigative Committee. Five working days are allotted for this.
Where to apply for the European protocol
The culprit and the victim have 5 days to contact the insurance company. Moreover, everyone must provide a completed European protocol to their insurer where the car was insured.
The victim must prepare the following set of documents:
- Application for compensation for damage in case of an accident (issued by an insurance company employee upon application);
- European protocol drawn up and signed by both parties;
- Applicant's passport;
- Driver license;
- Documents for the car (PTS, STS, power of attorney for the right to drive);
- OSAGO policy;
- Photographs, videos or other materials related to the incident, if available;
- Account number for transferring money if compensation for damages will be reimbursed in monetary terms.
The culprit can send a copy of the European protocol to his insurance company by registered mail with a receipt stamp. But it’s better to go there in person, taking insurance, car documents and a passport.
Both of them must take a paper stating that they passed the European protocol within the established 5 days after the accident. There must be the signature of the employee who accepted the documents, the date and seal of the enterprise. Otherwise, in the event of a “lost notice,” the culprit may be presented with a claim for payment for repairs of the damaged vehicle, and the victim may be denied payment.
After contacting the policyholder, damaged vehicles cannot be repaired for 15 days
This provision is spelled out in the MTPL law to prevent cases of fraud. A representative of the insurance company may request that both the victim and the perpetrator have a car available for inspection. If everything is clear with the first, because he must wait for a preliminary assessment to compensate for damage in monetary or in kind terms, then with the culprit, not everything is so transparent. He must also preserve all damage for 15 days, because he may be invited to compare the nature of the damage to two vehicles.
If you are completely unbearable and want to repair your iron horse as quickly as possible, you are allowed to come to the UK without waiting for an official call. If necessary, the inspection will be carried out earlier, or the driver will be given an official document allowing the repair to be carried out before the expiration of fifteen days.
To summarize, we can note what needs to be done step by step after drawing up a European accident report:
- Fill out the back of the accident report;
- Contact your insurance company within 5 days;
- Do not start repairs for 15 days.
If all conditions are met, the injured driver will be paid money or the car will be repaired within 20 days from the date of application. Well, the culprit will lose his KBM and will be unpleasantly surprised by the amount that he will have to pay for compulsory motor liability insurance at the next insurance.
What to do after drawing up the European Protocol, where to contact the victim
This opportunity, i.e. registration of road accidents according to the European Protocol has been around for a long time, but not all insurers consider this method reliable. This happens because not all car owners know in what situations they can use the European protocol and what advantages it has compared to the standard registration of a traffic accident in the presence of traffic police inspectors.
We have already said that notifications of road accidents according to the European model provide for the absence of police officers during the investigation at the scene of an accident between two of its participants. But the requirements for registering an accident for this type of notification have their own nuances.
Thus, the victim and the perpetrator of a car accident have the right to issue a copy of the notification of a road accident only in the following cases:
- The driver who caused the accident, as well as the victim, were not physically injured. That is, both participants in the accident have no physical injuries and only property in the form of a vehicle was damaged.
- There were only two participants in the incident.
- Both car owners agree to draw up a notice according to the European model.
- The victim and the culprit are insured and have a valid motor vehicle license.
Since State Traffic Inspectorate inspectors are not called to the scene of the incident, the question of whether it is necessary to go to the traffic police according to the European Protocol disappears by itself. This type of registration of a car accident involves notifying only the insurance company, which is obliged to repair the car to the injured party.
Amount of insurance payment
Regardless of how the traffic accident was registered, the insurer is obliged to pay the amount of damage to the injured party in kind, i.e. carry out repair work.
It must be remembered that this type of notification should be resorted to only if visually the car will not be subject to serious repairs or disposal, i.e. the damage was minor. Such minor damage includes tangential impacts, paint chips, small dents, damage to the bumper, etc.
Simply put, if at first glance the repair will take no more than 50-100 thousand rubles, then notifying the insurer about the accident through the European protocol is justified. In 2019, when filing an application for compensation, the policyholder has the right to receive up to 100,000 rubles. This amount was increased in 2019, but residents of the northern capital and Moscow can receive up to 400,000 rubles.
What to do after completing the Euro Protocol in case of an accident
There is no need to repeat the basic actions of those involved in an accident, because everyone knows that if you get into an accident, you must not only stop in place and turn off the engine, but also turn on and display the emergency signals and sign so that there are no more victims in a car accident. After completing the European Protocol in case of an accident, the participants in the incident are required to exchange notification forms, signed and filled out on each side of the form with a ballpoint pen.
As you know, when purchasing an MTPL policy, each auto insurer is given a notification form. If you don’t have this, then ask the second party involved in the accident about it. If no participant has the European protocol, then download it by going to your insurer’s website and print it out.
Having filled in your data, Europrotocal’s further actions involve notifying the insurer about the incident. Remember that the actions of the participants in the accident must be mutual, i.e. There should be no disputes regarding the amount of damage.
To the victim
After registering an accident under the Euro Protocol, each party must contact the insurance company for compensation for losses. Just like a victim under compulsory motor liability insurance in a standard car accident, where the culprit is identified by an employee of the State Traffic Inspectorate, it is necessary to contact your insurer with an application for payment of compensation.
Despite the fact that the victim in an accident will be paid compensation by the insurer of the at-fault driver, the application and notification form are submitted to the insurer protecting your interests, being the victim. The appeal must be submitted within five days from the date of the car accident.
According to the European Protocol, the culprit must also contact his insurer, and he bears more responsibility. To ensure that the victim does not demand compensation from the culprit, he must submit the necessary papers on time.
Among these documents, the main one is the original part of the notification form. The culprit of the accident is also given 5 days to complete the registration. During this time, he is obliged to submit papers for consideration by the insurer.
After submitting the application, the policyholder must pick up a document confirming that the insurer has accepted the application. From the moment the application is received, within the same 5 days, the insurance company is obliged to inspect the vehicle.
The policyholder himself does not have the right to carry out repairs for 15 days until the insurer inspects the car and gives permission for restoration work.
Where to go with the Europrotocol after an accident
Sometimes it happens that the initiator of a car accident forgets to send an insurance application and notification of the situation. And then the one who suffered does not know where to contact the victim under the European Protocol to get his money.
In this situation, there is no need to panic, because regardless of whether both participants or only one sent a notice to the insurer after the accident, payment is still due. The only thing the victim has to worry about is meeting their company's notification deadlines.
If after the accident you sent the Europrotocol and an application for direct compensation to your insurer within the prescribed period, then regardless of whether the culprit did the same, you will receive compensation. In this case, there is no need to go to the traffic police, the main thing is to comply with the deadlines and procedure for submitting the application.
Documents for applying to the Investigative Committee under the European Protocol
So, if after the incident you filled out the notification form correctly and shared it among yourself, then the next step is to go to the insurer.
Documents for the European Protocol in case of road accidents consist of the following list:
- European notification form (second part of the form, cut at the scene of the incident);
- A statement according to which the insurer will pay compensation;
- Documents confirming the identity of the policyholder;
- Registration documents for the car.
If you sent these documents by mail, then proof in the form of photo and video files must be provided personally on removable media.
Reasons for refusal of notification
Since, according to the European protocol, drivers must register a road accident on their own without involving traffic police inspectors, misunderstandings often arise, and therefore the insurer refuses to pay compensation.
There are two main reasons why vehicle repair may be denied:
- Victims and perpetrators do not apply in accordance with the European Protocol in a timely manner. If you violate the application deadlines, the insurance company has the right to refuse payments.
- One of the participants had his car repaired before it was inspected by an insurance company agent.
In these cases, insurance organizations have the right to refuse direct compensation. They also have the right to refuse if the notice is filled out incorrectly or incompletely or if there is a lack of evidentiary information from the scene of the incident.
Repair according to the European protocol
As in the case of standard registration of an incident, insurers, according to the European protocol, are obliged to repair the damaged car of the injured policyholder. Since road accidents with the European Protocol are not registered with the State Traffic Inspectorate, the evidence base must be captured in photos and videos yourself and indicated in the notice.
After the application is sent to the insurance company, it is obliged to inspect the car within 15 days from the date of acceptance of the papers from the policyholder.
The victim and the culprit themselves do not have the right to carry out repairs, even if the damage is insignificant and they were captured in a photograph. Only after the damage to the vehicle has been assessed will the insurer send the car for repairs.
How to register an accident according to the European protocol
1. In what cases can an accident be registered under the European protocol?
You can register a minor traffic accident in a simplified manner - Europrotocol (European protocol) - this is the preparation of documents about a road accident without the participation of authorized police officers. In other words, this is an opportunity to independently record the fact of a road traffic accident (RTA) in order to subsequently contact the insurance company for compensation, and promptly leave without creating congestion on the road.
“>according to the European protocol, if the conditions are met:
- there are no victims in the accident;
- only two vehicles are involved in an accident;
- Only the cars involved in the accident were damaged;
- both you and the second driver are included in the current OSAGO policies or an international policy. An analogue of OSAGO, valid in 48 countries of the world.
“>“Green Card” issued for vehicles involved in an accident;
If you are not sure about the circumstances of the accident, the assessment of the damage caused, or the constructive attitude of the second party to the accident, then file the accident in the usual manner.
2. What will the insurance company reimburse if an accident is registered under the European protocol?
In case of registration of an accident according to the European protocol, the insurance company compensates for damage in the amount of:
- up to 100 thousand rubles - this is the standard limit of payments when registering an accident under the European protocol, if the accident is not recorded using technical means* or is recorded, but the participants in the accident have disagreements;
- up to 400 thousand rubles is the maximum limit of payments when registering an accident according to the European protocol, if the participants in the accident have no disagreements about the circumstances of the incident, and the accident was recorded using technical means*.
The limits and conditions of insurance compensation established by law apply both under MTPL and comprehensive insurance agreements.
Losses are compensated regardless of the number of accidents during the validity period of the insurance policy.
Such means can be an emergency call device - "ERA-GLONASS" or a mobile application integrated with the portal of government services of the Russian Federation.
3. How to register an accident according to the European protocol?
1. Be sure to follow the traffic rules immediately after a collision - turn on the emergency lights and put up an emergency stop sign to warn other road users about the danger. The sign is installed at a distance of at least 15 meters from road accidents in populated areas and at least 30 meters outside them. Failure to comply with these requirements entails administrative punishment: a warning or a fine in the amount of 1000 rubles (Part 1 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation). If an accident occurs outside the city, in the dark or in conditions of limited visibility, you need to be on the roadway or side of the road wearing a jacket, vest or cape vest with stripes of reflective material.
2. Talk to the second participant in the accident and show him your compulsory insurance policy, check the validity of his compulsory motor liability insurance policy.
3. Together with the other participant in the accident, notify your insurance companies about the accident in one of the following ways:
-
online, through those integrated with the government services portal of the Russian Federation. Since November 1, 2019, the mobile application “Compulsory Motor Liability Insurance Assistant” (available for iOS and Android) has been running in test mode. With its help, it is possible to register an accident only if it occurred in the territory of Moscow, the Moscow region, St. Petersburg, the Leningrad region or the Republic of Tatarstan.
“>mobile applications (authorization of both participants in the accident on the portal will be required) - within 60 minutes after the accident ;
Note! These methods are suitable if the victim expects compensation for damage in the amount of up to 100 thousand rubles, but you and the second participant in the accident have disagreements about the circumstances of the accident, or if there are no disagreements and the victim expects insurance compensation of up to 400 thousand rubles.
If there is no disagreement, but it is impossible to report the accident using the above methods, the injured party has the right to count on compensation for damages in the amount of up to 100 thousand rubles. In this case, you can notify the insurance company about the accident by phone. Make sure the other person involved in the accident does the same.
4. If vehicles involved in an accident create obstacles to the movement of other vehicles, clear the roadway. Otherwise, you and the second participant in the accident face administrative punishment for violating traffic rules (clause 2.6 of the Russian Federation Traffic Regulations) - a fine of 1000 rubles (Article 12.27 of the Code of Administrative Offenses of the Russian Federation).
5. Together with the second participant in the accident, fill out the notification of the accident (Euro protocol) in a mobile application or in paper form. In the first case, enter the details of the accident in an electronic form, in the second - in a paper form.
4. How to fill out a paper European protocol?
Rules for filling out a European protocol (notification of an accident):
- In the event of an accident involving two vehicles, one accident notice is issued. Who it belongs to - you or the second driver - does not matter;
- an accident notification consists of two sheets, each of which must be filled out
- An example of filling out the front side of the European protocol ;
- example of filling out the reverse side of the European protocol
">on both sides. The front side is self-copying. Data (circumstances of the incident, information about the vehicle, insurance companies, accident diagram, etc.) must be entered into it together with the second participant in the accident;
5. After registering an accident according to the European protocol, do I need to go to the nearest traffic police post?
To receive insurance compensation both under the MTPL agreement and under the comprehensive insurance agreement when registering an accident under the European protocol, neither you nor the second participant in the accident needs to contact the traffic police officers.
6. What to do after an accident has been registered?
It doesn’t matter whether you are the victim or the culprit of the accident, after registering the incident according to the European protocol, you must submit your copy of the accident notice to your insurance company within five days (in person or by e-mail - by agreement with the insurer).
If you plan to receive compensation from your insurance company, you will also need to submit an insurance claim statement.
The vehicle cannot be repaired or disposed of without the written consent of the insurance company until 15 calendar days have passed from the date of the accident (except for non-working holidays).
European accident report: what to do after drawing it up and where to go?
The Europrotocol is a document that records the damage sustained by vehicles at the scene of an accident. It is completed by drivers on the spot without involving State Traffic Inspectorate employees, after which it is sent to the insurance company (IC) to receive compensation for the insured event. This document is a simplified version of registering an accident when the damage received/caused to the car is insignificant.
As practice shows, this type of registration of a traffic accident is not very popular, since drivers, due to ignorance of the intricacies of the registration procedure, are afraid of making a mistake somewhere, after which the insurance company will refuse to pay compensation. But if there are usually no problems with the registration of the Europrotocol, then with the procedure for actions after registration many questions arise, which will be answered in this article. What to do after an accident, how the Euro Protocol is completed and what further actions after filling it out, where to submit the documents, as well as who goes to the insurance company and what happens if the victim does not deliver the document on time - you can find out in the article.
What to do next after filing an accident report?
The material in this article is based on the following legal acts:
- Traffic rules of the Russian Federation.
- Federal Law of the Russian Federation No. 40 “On compulsory civil liability insurance of vehicle owners” dated April 25, 2002.
- Decree of the Government of the Russian Federation No. 1002 “On approval of the rules for providing information about road accidents to an insurance company...” dated October 1, 2014.
Participants in a traffic accident are two drivers: the culprit and the victim. Here it is important to determine the culprit, and if he admits his guilt, then this is stated in the document being drawn up. We have drawn up a protocol, what to do next? The European protocol is drawn up by mutual consent of both parties , and after its preparation, the procedure is given below. Find out more about compiling and sending a notification about an accident in a separate article.
To the victim
What should the victim do next once the report has been drawn up? After drawing up the document, the injured party must contact the insurance company no later than five working days from the date of the traffic accident, providing the necessary package of documents, including the Europrotocol.
What should the culprit do next after filling out the documents? The guilty party submits a copy of the Europrotocol to its insurer within 5 days . In this case, the culprit is prohibited from repairing his vehicle within 15 days after the accident. If car repairs are necessary, then the guilty party provides his vehicle to the victim’s insurance company for an examination, after which he will be issued a permit to carry out the repairs.
Find out more details about what the culprit should do after drawing up the European Protocol in case of an accident in a separate article.
Where should the victim go after registration?
Where to go with the European protocol to pass it? After completing the Euro Protocol, the injured party contacts its insurance company , the one with which it has an insurance contract (CASCO or MTPL). As already noted, you need to contact the insurer within 5 working days from the date of the accident and write an application for compensation due to the occurrence of an insured event.
After reviewing the submitted documents and conducting an examination of the car by the insurer, the latter calculates the amount of damage and issues a referral for repair of the vehicle in one of the car repair shops (with which the insurance company has an agreement) or issues monetary compensation. Find out more about the features of insurance payments under compulsory motor liability insurance under the European Protocol here.
It is not recommended to operate the car before an inspection is carried out by the insurance company, since if the vehicle receives additional damage that is not indicated in the European Protocol, this will be regarded by the insurer as an error in the notification of the accident.
What documents are needed to apply to the insurance company to receive payment?
The motorist, in addition to the drawn up Europrotocol, must submit the following package of documents to the insurer:
- auto liability insurance policy;
- a completed application for compensation;
- the applicant's identity card (passport);
- vehicle registration certificate or PTS;
- VU of the person who was driving the car at the time of the accident;
- power of attorney for the right to drive a vehicle if the driver is not the owner;
- an electronic storage medium containing information about a traffic accident (video and photo materials);
- account details for transferring compensation.
You can find out more about what documents are needed for insurance under the European Protocol after an accident here.
Do I need to go to the traffic police and register there?
No , you do not need to register it with the State Traffic Inspectorate, nor do you need to notify the traffic police about a traffic accident, both in the presence of compulsory motor liability insurance and in case of CASCO insurance.
How to give and is it possible to send papers to the Investigative Committee?
There are three ways to submit documentation to the insurer upon the occurrence of an insured event::
- Appearing in person at the office of the insurance company.
- Via postal mail. In this case, it is important to send all papers (originals and copies) by registered mail, with acknowledgment of receipt. The date of submission of documents to the insurance company will be the date of sending the letter.
- Via email. The SK mail address can be found in the insurance contract or on the company’s website.
When sending by email, it is important to know that some insurers require that some documents be provided in writing, so they will need to be sent to Insurance Company 1 or 2 using the method described above.
What happens if you missed the deadline for filing an application and did not deliver the documents to the insurance company on time?
(legally speaking) for submitting documents after the deadline The insurance company may refuse to compensate the driver for the damage caused if the victim did not provide paperwork, citing failure to comply with the deadlines for submitting documentation. In this case, the decision can be challenged in court.
It is also worth mentioning the submission of an incomplete package of documents . If the application for damages was submitted on time, but the missing documents were submitted later, then the insurance company must be provided with objective reasons for the delay. This may be a certificate from a medical institution (if the policyholder is undergoing treatment), a travel certificate or a ticket (if the accident occurred in another city). Any documentary method of confirmation will increase the chances of a positive resolution of the issue.
Drawing up a Europrotocol is a prerequisite for registering a traffic accident and receiving compensation from the insurance company (if the traffic police were not called). After its preparation, you need to collect a complete package of documents and, together with the European Protocol and an application for compensation for damage, submit it to the Investigative Committee within the prescribed period (5 days). You can submit documentation in person, by registered mail or via email (scanned copies).
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