What should a victim do after reporting an accident?

What should the victim and the culprit of an accident do after the accident has been registered?

A traffic accident is fraught with a lot of legal consequences for both the person responsible for the accident and the victim. In order to receive full compensation for moral and material damage, as well as to have all expenses incurred covered by insurance payments, all participants in an accident, after proper registration of the incident, should adhere to a certain algorithm of actions.

Normative base

As a result of registration of a traffic accident, the following categories of legal relations arise:

between those directly involved in the accident;
between participants and traffic police officers;
between participants and insurance companies.

All of the above connections are implemented in strict compliance with the law. The main legislative acts applicable to actions after registration of an accident are:

In addition to the presented regulatory framework, a number of departmental documents of the Ministry of Internal Affairs of Russia are used.

Deadlines for contacting insurance

Until recently, the deadline for contacting an insurer with an application for insurance payment under the Euro Protocol after registration of an accident was 15 days. However, this period in most cases did not allow us to reconstruct the picture of what happened, which significantly influenced the possibility of considering the appeal itself, as well as making an informed decision by the insurance company (amendments were made by Federal Law No. 49 of March 28, 2017).

Extension of the deadline for contacting the insurance company after registration of an accident is possible only in cases where the policyholder, for objective reasons, was not able to contact the insurer within the allotted time (Article 961 of the Civil Code of the Russian Federation).

The Investigative Committee is obliged to consider documents confirming the validity of the reason for missing the application deadline and provide a response to the request for an extension of the period.

In order for the insurance company to accept an application for payment, it is necessary that during the period that has elapsed since the accident, the damaged car has not been subject to any repair work.

Actions of the culprit of the accident after registration of the accident

It was stated above that you can document a traffic accident yourself using the European Protocol (in cases strictly established by law) or by drawing up a protocol by a traffic police inspector. Drawing up a document that records all the circumstances of the accident is one of the first steps that the participants in the incident should take in order to receive due compensation for damage from the insurance company.

If the accident is registered by the traffic police, a notification of the accident is filled out at the scene of the accident, the form of which is given to the insured when signing the MTPL agreement. If the culprit and the victim have no disagreement regarding what happened and both parties have a submitted insurance policy, it is allowed to fill out one form for two (clause 3.5 of the Rules of Compulsory Insurance).

If the victim has a different opinion about the circumstances of the incident, the culprit independently fills out a notice.

The notification form for a traffic accident, which is submitted to the Investigative Committee for making compensation payments, has two sides that must be completed. At the scene of the accident, first of all, the front side of the document is filled out; the second side can be filled out later.

If the traffic accident was registered by the traffic police, it is not necessary to notify the insurance company about the accident. When the culprit has the Europrotocol in hand, the next step is to notify the insurer about the incident by providing a completed notice (Europrotocol). This should be done within the time frame provided for by the law on compulsory motor liability insurance within 5 working days from the moment of the collision (clause 2 of article 11.1 of Federal Law No. 40).

Procedure for victims after an accident

The model of behavior of the victim in a traffic accident differs significantly from the actions that the culprit needs to perform.

When calling an inspector to the scene of an accident , it is necessary to obtain a copy of the protocol from the traffic police officers recording the incident. Next, within 3 years (Article 196 and Article 966 of the Civil Code of the Russian Federation), you must fill out the notice issued by the insurer when applying for an MTPL policy and submit it to your insurance company. Within 15 days, the insurance company is obliged to assess the damage to the vehicle and, within 20 days, make payments to the account of the driver injured in the accident.

In case of registration of the Europrotocol , within five days (clause 2 of Article 11.1 of Federal Law No. 40) from the occurrence of the insured event, the originals of the required documents and the completed Europrotocol form must be submitted to the insurance company. An authorized person from the Investigative Committee will set a date for inspecting the damaged vehicle. To subsequently receive compensation, you must provide the car to the experts within the specified period.

If the insurance company refuses to pay coverage after an accident has been registered, the victim can file a pre-trial claim with the culprit. Such a document is drawn up in any form, taking into account the mandatory information required by law, and is sent to the person whose guilty actions contributed to the damage to the car, by registered mail or letter with notification. If the answer is not received within the period provided by the victim, he has the right to apply to the court with a similar demand.

Procedure after registration of an accident according to the European Protocol

It was mentioned above that in some cases it is possible to register an accident on your own, without involving traffic police officers. When drawing up the Euro Protocol, the parties must fill out two notifications of the incident in accordance with all requirements.

The drawn up European Protocols must be signed by both parties to the accident.

The front side of the form must always be completed by two drivers involved in the incident. The turnover can be registered both at the scene of the accident and later, until the package of necessary documents is presented to the insurance company.

The next step is to notify the insurance company about the incident and submit documents to consider the application for payment of coverage within 5 days. The European protocol must be submitted to the insurance company by both the victim and the culprit of the accident.

According to the MTPL law, the insurer is given a period of 15 working days to inspect vehicles. The presented period begins to expire from the day the participants in the incident apply. The important point is that both persons involved in the accident should not repair the damage to the cars until the cars are inspected by specialists from the Investigative Committee.

In the event that for some reason it is necessary to urgently eliminate car malfunctions, the citizen has the right to independently come to the company and ask to inspect the vehicle. In the presented situation, the insurance company can draw up an inspection report on the spot or give the applicant written permission to carry out repair work.

In accordance with the provisions of the law on compulsory motor liability insurance, twenty days are given to make a decision and pay compensation to the insurer, but it is allowed to begin repairing vehicles immediately after specialists have assessed the nature and etiology of the damage.

Procedure in the absence of a compulsory motor liability insurance policy

If the victim does not have compulsory motor liability insurance, then, in essence, the algorithm of actions does not change, since compensation for damage will be handled by the insurance company of the perpetrator. The only significant difference is the mandatory call of traffic police inspectors to record the fact of the incident and its circumstances, due to the impossibility in the presented case of documenting the accident using the European Protocol.

If the culprit or both parties do not have a policy, after drawing up a traffic police report, the first thing you should do is take measures to independently resolve the conflict. If the participants manage to reach a consensus, they make the calculation on the spot or within the mutually agreed upon time frame.

If you participate in an accident as a victim with a culprit without compulsory motor liability insurance, you should contact an organization that performs an independent assessment to draw up a report on the damage and calculate the cost of eliminating it. Such actions will prevent disputes arising regarding the amount needed to repair the victim’s car.

Another option for resolving the situation under consideration is to send a pre-trial claim to the perpetrator. The legislator does not put forward any requirements for the main part of this document, however, the details of both parties, a brief description of the incident, its time and place should be indicated. The drafter also indicates the time frame within which the defendant must respond to the claim. Such paper should be sent by registered mail or courier delivery.

If a response is not received within the time limit allotted to the victims, to resolve the dispute it is necessary to apply to the court with a claim for compensation for damage incurred as a result of the accident.

Instructions for filling out an accident report

The notification of a traffic accident is an A-4 format form with two sides to fill out.

If the accident was registered by a traffic police inspector, the victim only needs to fill out his side of the notification; filling out by the person responsible for the accident is not necessary.

After registering an accident, you should fill out the notification form to the insurance company using a ballpoint pen, in clear block letters. Mistakes made will affect both the speed of consideration of the IC’s petition and, probably, the decision itself.

The first page contains columns indicating the time of the incident (date, hours and minutes), detailed location, passport details of participants, MTPL policy numbers, names of insurance companies.

After entering the information in the specified fields, you should schematically depict the accident on the designated area of the sheet.

The reverse side is provided for collision details.

What documents should be provided to the insurance company?

In order for the Investigative Committee to consider the appeal and make a positive decision on compensation for damage, after the accident has been registered, the victims, and when drawing up the European Protocol, the culprit of the accident, submit packages of the necessary documentation.

Compiled by Europrotocol.
OSAGO policy.
Identification.
Driver's license.

Application for payment of compensation for damage suffered.
The document in which the accident is recorded (protocol).
A duly completed notice (or Europrotocol).
STS car that requires repair.
The applicant's driver's license or passport.
Bank details for transferring compensation payments.
Documentation confirming the expenses incurred as a result of the accident (receipts for the purchase of medicines, for calling a tow truck, etc.).

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

In the event of an accident being registered under the European Protocol, the participants in the accident should contact the insurer within five days from the date of the insured event. If traffic accident registration was carried out by traffic police officers, then the victim has 3 years to appeal to the Investigative Committee.

When applying, a prescribed list of documents is submitted (different for the perpetrator and the victim). The company reviews the application and makes a decision within 20 days from the date of application.

Receiving payment under compulsory motor liability insurance

The decision on payment is made by the Investigative Committee within 20 days based on a study of all the circumstances of the accident. In this case, the insurer has the right to pay for repair work or pay monetary compensation.

The insurance company makes cashless payments according to the details specified by the applicant.

Conclusion

A traffic accident is an event that has serious legal consequences for all those involved. In order to receive due payments and compensation after registration of an accident, road users must strictly follow the provisions of the law on compulsory motor liability insurance and contact the insurance company in a timely manner.

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.

What to do in case of an accident: procedure

In 2018, more than 168,000 road accidents were registered by the Russian State Traffic Safety Inspectorate. And it is not at all possible to calculate the number of minor accidents in which participants resolve a conflict without representatives of law enforcement agencies. Every driver, even the most careful one, runs the risk of getting into an accident every day and is afraid of it. But you will be much calmer behind the wheel if you know exactly what to do in the event of an accident.

Every day about 450 road accidents occur in Russia

We have prepared a video for you with a short and clear information about the procedure to follow in case of an accident. And then we will analyze in detail how to behave if you are involved in an accident.

First steps in case of an accident

If you are involved in an accident, first assess the situation and take the following mandatory steps:

Turn off the engine.
Apply the parking brake.
Turn on the alarms.
Install a warning triangle behind the car at a distance of 15 meters if you are in a populated area, and 30 meters if the accident occurred outside a populated area.

Installing an emergency sign is a mandatory action in case of an accident

If there are passengers, interview and inspect them for injuries.
Approach the car/cars of other participants in the accident, determine whether there are victims inside.
Together with the other driver, take photographs of the accident scene from different angles. It is necessary that the photographs make it easy to understand where the cars are located and what damage they have received. Take photos so that the car numbers are in the frame. Additionally, you can film video.
If there are no victims, after taking photos/videos, remove the cars from the road so that they do not create obstacles for other road users. This requirement is mandatory in accordance with clause 2.6.1 of the Russian Traffic Regulations.

Further actions depend on what damage was caused to property and participants in the accident and how the car owners agreed to file the accident.

What to do if the culprit of the accident fled the scene of the accident?

A driver can flee the scene of an accident for various reasons. If the accident is serious, it is usually an attempt to avoid liability. If the owner of the car is not nearby and the damage is minor, for example, the bumper is slightly dented or the mirror is cracked, the culprit may not notice them due to inattention.

If the culprit of the accident escaped, perform all the actions required by the traffic rules in the event of an accident and report the incident to the police or traffic police as quickly as possible. Try to find witnesses and ask for their contact information so they can testify on your behalf. If possible, write down as many details as possible about the culprit of the accident: make, model, color, license plate number of the car, direction in which he fled, etc.

A driver who fled the scene of an accident will face deprivation of his license for 1-1.5 years or arrest for 15 days

What to do if you are at fault?

Are you at fault for an accident? Do not try to escape from the scene of the accident, otherwise you risk losing your license or going to jail for 15 days, even if there are no injuries. Remember that attempts to avoid punishment usually end in additional fines, increased prison terms and other unpleasant consequences.

Carry out all the actions required by the traffic rules, including recording the scene of the accident. If the damage is minor, try to negotiate with the second party to the accident to resolve the conflict without involving the traffic police. If there are injuries or serious damage is caused to someone else’s car, wait for representatives of the traffic police and the insurance company.

To be punished only for what you are really guilty of, make sure that all the circumstances of the accident are reflected objectively in the protocol and other documents, and take an active part in expert actions. If necessary, you can involve independent experts. Be sure to request copies of all documents that the injured party submits to the insurance company or judicial authorities.

What to do if the culprit does not have compulsory motor insurance?

In Part 1 of Art. 1064 of the Civil Code of the Russian Federation and Article 4 of Federal Law No. 337 dated November 28, 2011, states that the culprit of an accident is obliged to compensate for the damage caused to the victim. This rule also applies if he does not have a compulsory motor liability insurance policy. You can agree with the person responsible for the accident to pay for car repairs on a voluntary basis, or you can apply to the judicial authorities for compensation for damages. If the culprit is ready to compensate for the damage voluntarily, but he does not have the required amount with him, or the ability to immediately transfer money to your card, do not forget to make a receipt.

If the culprit of the accident does not have insurance, he is still obliged to compensate for the damage

By the way, for driving without insurance or with an expired policy, the driver responsible for the accident will have to pay a fine of 800 rubles (Article 12.37 of the Code of Administrative Offenses of the Russian Federation).

Registration of an accident without victims

Road accidents in which only the property of the participants is damaged are registered in two ways - without the participation of traffic police inspectors and with their participation. Let's consider each option.

According to the European protocol

Since July 2015, most road accidents can be registered without the participation of a traffic police inspector. Those involved in the accident themselves record the fact and report it to the insurance company. Only a notification is sent to the nearest traffic police post or police station. This is the so-called “European protocol”. An accident can be filed under it if:

no more than 2 cars participate;
Only the property of those involved in the accident was damaged;
no damage was caused to state property;
both participants have MTPL policies;
the participants in the accident have no disagreements about the guilty party, the circumstances of the accident, or the amount of damage.

The maximum amount of compensation for damage under the European protocol is 100,000 rubles. In Moscow and St. Petersburg, it has been increased to 400,000 rubles if the circumstances of the accident are recorded using a special application or the GLONASS system.

Within 5 days after the European protocol is issued, the injured party must contact the insurance company. There you will need to present a notice, fill out an application, undergo an assessment of the damage to the car and sign a document.

To receive insurance compensation under the European protocol, it is important to correctly fill out the car accident notice and draw up an accident diagram

With the participation of the traffic police

If the participants in the accident have disagreements or the damage to the cars clearly exceeds the amounts established for the European protocol, then a traffic police inspector must be called to the scene of the accident. A representative of the State Traffic Inspectorate carries out the following actions:

inspects the scene of the incident and, if necessary, fences it off;
if the culprit of the accident disappeared, identifies the direction of his movement;
ensures that drivers and witnesses are present at the scene if the task force must arrive;
interviews witnesses;
takes measurements and draws up an accident diagram;
fills out the protocol;
provides road accident participants with the opportunity to familiarize themselves with the protocol.

The protocol is signed by the participants in the accident only if they agree with its contents.

Based on the results of registration of an accident, you need to receive the following documents:

A decision on an administrative violation if the driver violated traffic rules.
An accident report with a diagram of the accident, a list of mechanical damage to the vehicle, testimonies of participants and witnesses.

These documents, as well as a notice of the insured event in the form of the insurance company, are transferred to the insurer to receive compensation under the MTPL or CASCO policies. They are also necessary to submit to judicial authorities if compensation for damage has to be demanded through the court.

Traffic police inspectors inspect the scene of an accident and draw up a diagram of it

When registering an accident, you can call an accident commissioner - independent or from the insurance company. But keep in mind that the specialist only helps to correctly document the accident, he is not a witness.

Registration of road accidents with victims

If after an accident you find that your passengers, the driver or passengers of another car have been injured, you must take the following steps:

determine the condition of the victims through external examination and questioning;
perform a first aid. The procedure can be found in the Ministry of Emergency Situations Memo;
call an ambulance;
if the victim is in critical condition, organize his urgent delivery to a medical facility using your own transport or in a passing car. In this case, you will not be considered to have fled the scene of the accident;
call the police, reporting that there is a victim(s) in the accident;
wait for the arrival of a representative of the State Traffic Inspectorate;
give detailed explanations of the accident;
sign the protocol after familiarizing yourself with its contents. If you do not agree with the protocol and the inspector does not include your comments in it, do not sign.

What liability is provided for failure to fulfill duties in connection with an accident?

Article 12.27 of the Code of Administrative Offenses of the Russian Federation establishes penalties for citizens who do not fulfill their duties in connection with road traffic accidents. We present them in the table.

Liability for road accidents in which people are seriously injured or killed is established by the Criminal Code of the Russian Federation. The culprit of such an accident may receive punishment in the form of forced labor or imprisonment for up to 9 years under Article 264 of the Criminal Code of the Russian Federation.

Typical mistakes when involved in an accident

We have told you what to do in case of an accident, and now we will list what you should not do if you do not want to be refused compensation for damages by the insurance company, or run into fines and other penalties.

When stressed due to an accident, many drivers make the following mistakes:

They enter incorrect data into the protocol, notice of insured event and other documents. Take your time and check all the information several times, including date of birth, vehicle registration number, etc.
They forget to record the scene of the accident in photos/videos or do it incorrectly.
The Europrotocol form is filled out incorrectly or incompletely. Be sure to use the instructions for filling out the notice, which are always attached to it, and enter complete information in each column of the document. Pay special attention to drawing up an accident diagram.
They agree on voluntary compensation for damage without involving an insurance company and do not draw up a receipt.
They sign the protocol without familiarizing themselves with its contents.
Out of emotion, they commit imprudent actions - they hide from the scene of the accident, start a fight with other participants in the accident, etc. In this situation, an ordinary road accident, which could have been registered without involving the traffic police, often develops into a criminal case.

Don't give in to emotions if you get into an accident

It is impossible to protect yourself from road accidents 100%. Even if you forego personal transportation, you may still be involved in an accident as a pedestrian or as a passenger in a bus or taxi. But still, if you follow traffic rules and don’t be distracted from the road, the chances of getting into an accident are much less. And to know exactly how to behave in the event of an accident, print out and put a short reminder in your glove compartment or save our article in your smartphone browser bookmarks.

Actions after registration of an accident

Every car owner should be well versed in the preparation of all documents related to an accident: what documents the insurer will need, how to fill them out correctly and what requirements apply to them. After all, this determines how quickly those injured in an accident will receive insurance compensation and its amount.

What should the culprit do after registering an accident?

The list of necessary actions depends on what insurance policies the driver owns: only a compulsory motor liability insurance policy or, together with it, he has a CASCO policy.

If the car owner only has an MTPL policy, he will have to take the following actions:

use your phone video camera or take a photo of all the details of the accident, the damage to the cars, their location, the location of their spare parts and other items;
write down the details (address, telephone number) of the second participant in the accident, as well as all eyewitnesses of the accident;
check whether the person at fault for the accident has a compulsory motor liability insurance policy, whether it is expired, as well as the name of the insurance company;
if the necessary conditions are met, fill out a notification of an accident and make sure that it is signed by both parties to the accident;
take an active part in processing road accident documents together with traffic police officers. If you disagree with any points, be sure to make a note about this in the documents. To do this, write “disagree,” state your vision of what happened and sign;
receive a resolution and protocol on an administrative offense, a certificate of an accident. Check that they are filled out correctly and that the required signatures are present;
Avoid making promises to the injured party to quickly compensate for the harm caused to him. The victim may insist on compensation for damages. In this case, invite him to resolve all controversial issues through the court;
make sure that the victims have collected all the documents that they will need to receive insurance compensation;
Be careful when inspecting vehicles damaged in an accident. It is important to record them in documents. This will help avoid disagreements when determining the amount of damage caused by an accident.

If the culprit of the accident also has a CASCO policy in addition to the compulsory motor liability insurance policy, then in addition to the above actions, the following will be required:

do not violate the terms and requirements set out in the CASCO agreement;
submit an application for insurance compensation to the insurer, and ask its employees to put a mark on its acceptance in your copy (date and signature of a company employee);
Remember your insurance case number. This information will help in the future to monitor the progress of its movement;
take a referral from the insurance company to inspect the vehicle and deliver the car at the appointed time;
Have copies of all documents that you provided to the insurer.

If, after all the measures you have taken, insurance compensation has not been received or you do not agree with its amount, then file a lawsuit or appeal these actions to the insurance supervisory authorities.

What should a victim do after an accident has been reported?

The party injured in the accident must notify the insurance company of the person responsible for the accident about the incident, providing it with all the necessary information to register the insured event. If she has any clarifying questions, answer them thoroughly and accurately. It is advisable to write a statement in a day or two and submit it to the insurers. If they make an offer to inspect the car, then you should not interfere with this.

How to get insurance after an accident?

Read about the procedure for registering an accident by traffic police officers here.

If the car has received serious damage, then use the services of an expert you have invited. If possible, ensure participation in the inspection of the vehicle and the culprit of the accident. This is necessary to avoid disagreements when considering the case in court.

Keep confirmation of delivery to insurers of all documents they request. From the moment the last document is handed over to them, the deadline for transferring insurance compensation begins. It is equal to 20 days. If it is delayed, insurance companies will have to pay a penalty.

Not in all cases, the amount received covers all the costs of restoring the damaged car. Under such circumstances, receive insurance compensation, repair the car, and keep all receipts and reports of work performed. Then contact the insurer of the person responsible for the accident.

Cars often have hidden damage that cannot be immediately determined by visual inspection. Therefore, they are not always reflected in acts. Conduct an additional inspection of the vehicle with the participation of the insurance company and the person at fault.

If you were injured in an accident and you have a CASCO policy, then follow the following recommendations:

notify the insurance company with which you have a contractual relationship about the occurrence of an insured event;
If you refuse to pay under CASCO, attach the application you submitted to the insurer of the person responsible for the accident to receive compensation under OSAGO.

Contacting an insurance company

Before receiving insurance compensation under the MTPL policy, collect the necessary documents:

a certificate of accident, if a European protocol was not drawn up;
an accident notification filled out by the participants in the accident;
a protocol on an administrative offense drawn up by traffic police officers following the accident;
offense order;
title documents for vehicles;
a driver's license or power of attorney on the basis of which the driver was driving a car that did not belong to him;
information about a bank account for transferring insurance compensation amounts to it;
OSAGO policy.

In addition to these mandatory documents, you may need:

an independent expert’s opinion on the amount of damage if he was involved in the inspection of the car;
documents confirming payment for his services (contract and receipts);
if after an accident you had to use the services of a tow truck, then documents confirming this circumstance.

When handing over all these documents to the insurance company, keep second copies with a receipt stamp. Or you can draw up a single act of transferring them to the insurer.

If unresolved issues arise between the insurance company and the driver due to the insurer’s failure to fulfill its obligations, you can write a claim to him. When drawing it up, keep in mind that the claim must be substantiated.

You must be notified of the decision made on it within five days. Without compliance with the claims procedure for resolving a dispute, the case cannot be brought to court.

After receiving all the documents, the insurance company can recognize the accident as an insured event and transfer funds to compensate for the damage to your bank account. If the MTPL policy was received after April 2017, the insurer will issue a referral for car repairs to the service station with which it has an agreement.

The person at fault for the accident will not receive any compensation. He will have to restore his car himself.

The amount of insurance payments is limited by law:

damage for the restoration of property is restored within the limits of no more than 400,000 rubles. Every victim is entitled to receive this amount;
to restore damage to life and health - no more than 500,000 rubles for each victim.

Such amounts of payments due to each victim in an accident are established at the legislative level. They are paid by all insurance companies.

All accidents differ from each other in the consequences and circumstances of the accident, therefore it is not possible to foresee all the nuances.

At the same time, we can highlight the main points that require careful attention to yourself:

carefully fill out the notification form, especially the back side. Do not make any corrections or errors in it. If there are any, you may be denied payments. If you find an error, use a different form. Take it from other car owners;
Do not attempt to repair vehicles yourself within 15 days after an accident. It is during this period that insurers will inspect the vehicle and determine the extent of its damage;
after signing the notification form, do not make any additions to it;
Be prepared for the car to be repaired at the service station specified by the insurer. Therefore, you will not be able to control the progress of repair work;
Do not start repairing your car until you receive an insurance claim. Even if you were notified that it was scheduled. It is possible that the insurer will not pay it on time. Then you will have to go to court and have a new assessment of the damages;
Remember the statute of limitations is three years for disputes over compensation for damages in road accidents. Therefore, do not throw away any accident documents before the end of this period.

What should a victim do after reporting an accident?

What to do after an accident if you are a victim? The question is quite relevant, since it is the injured party who is entitled to compensation payment under compulsory motor liability insurance. Accordingly, in order to receive the amount due or carry out repair work at the expense of insurance, you will need to correctly build a course of action after an accident. Of course, first of all, it is necessary to document the accident properly and only then contact the insurance office with a statement and documents.

First actions after an accident

An emergency situation on the road always entails emotional stress, which often results in confusion of actions and illiterate documentation at the scene of the accident. Therefore, it is very important to understand how to behave in the first minutes after a collision.

Regardless of who is the victim and who is the culprit of the incident, the following actions are recommended:

Stop the car completely, turn off the engine and remove the ignition key. The latter is best placed in a safe place known only to the owner of the vehicle.
Turn on the hazard warning light and leave the vehicle.
Place an emergency stop sign on the road.

For the last point, a certain distance must be maintained, and the footage depends on the type of terrain near which the accident occurred. For a city and other settlements this is 15 m, but if the accident occurred outside a residential area, the distance will be 30 m.

Next, you will need to assess the situation and the resulting damage. If victims are noticed, in other words, any of the passengers, drivers, pedestrians are injured, it is necessary to immediately provide assistance to them, but only if you have practical skills. Of course, it is important to call an ambulance and rescue services.

In addition, it is possible to catch a ride to transport victims to the nearest hospital if the situation requires it. It is possible to transport people in your own car, if the car has not received serious damage. After which you will need to notify the police, the traffic police and wait for the inspection to arrive on site.

If the accident is characterized only by damage to the colliding vehicles, the procedure for manipulation will be much simpler. It all depends on the coordination of actions and the consent of the participants in the accident.

If both car owners reach a consensus, the situation can be resolved right on the spot by transferring funds for car repairs from the culprit to the victim. Then go about your business.

The second option is to fill out a notification of an accident according to the European protocol procedure. But only if the accident involves only 2 cars insured under MTPL, the damage was suffered only by those, the amount of damage does not exceed 50 thousand rubles, and there are no injured people.

In both situations, the registration procedure can be carried out without the involvement of traffic police inspectors.

Registration of the European protocol

Self-preparing a notification of an accident will require care and filling out the appropriate form by both drivers. It is important to remember here that the text of the document does not tolerate blots, corrections or unclear presentation. Without exception, all fields must be filled in, but if there is no information for any field, a dash must be entered. To record data, you should use a ballpoint pen; it is better to exclude a pencil.

In addition, you will need to do the following:

photograph and videotape the scene of the incident;
record contact information of eyewitnesses, if any;
draw up an accident diagram;
obtain information about the insurance contract of the guilty person and, in general, record his contacts and personal information.

An important point is that after shooting you need to drive the cars off the road. According to the innovations, this is not only allowed, but responsibility for the process is placed on the shoulders of car owners. Otherwise, a traffic jam may form on the road, for which additional administrative sanctions in the amount of 1,000 rubles may be imposed on drivers.

You need to capture the following moments on your camera or camera:

photos of both cars from different angles, with registration plates visible;
braking path;
damage, dents, chips (close-up);
fragments and debris resulting from a collision;
road, signs and indicators, traffic lights;
terrain and nearby objects.

In general, the injured driver must understand that the more complete and accurate the video or photographic support is, the easier the procedure for receiving insurance payment in the future will be.

It is worth recalling that independent registration of the fact of an accident is allowed only in the absence of injuries received as a result of the collision. If there are injured, the accident is registered with the assistance of traffic police officers. The assistance of the road inspection will also be required if the culprit does not admit that he is guilty, a conflict is brewing and it is not possible to reach an agreement.

Call the traffic police

If you still need the help of the road inspection, the paperwork falls on the shoulders of the traffic police officers. However, the victim is also recommended to personally record the accident on a video camera or camera, since it is completely impossible to exclude any disagreements in the future and it is necessary to provide yourself with an evidence base.

Upon arrival, traffic police officers, first of all, interview both parties and draw up a diagram of the emergency, and also conduct video and photography. A mandatory attribute is filling out a protocol, which is signed by each participant, but only after reading the text.

Depending on the complexity of the accident, a ruling is issued to open a criminal case, administrative proceedings, or the absence of such. Further, the participants in the accident are given documentation on the fact of registration of the accident, and drivers can go about their business.

Contacting an insurance office

As for what the injured car owner should do after an accident under compulsory motor liability insurance, the algorithm of action has already been more or less formed. To avoid mistakes, you should adhere to the existing order.

Regardless of how the fact of the road accident was recorded - with the participation of the traffic police or by filling out a European protocol, the victim must visit the insurance company within 5 days after the incident to submit a request for payment of compensation. You can contact your insurer directly. In this case, payment will be made under the direct compensation scheme.

And here it is worth paying attention to the documentation package. If a traffic accident was recorded without the involvement of the traffic police inspection, then the main document will be the notification form filled out by the participants in the accident.

You will need to attach the following to the European protocol:

Application with a request to compensate for the amount of damage received as a result of an accident, the culprit of which is the second participant in the accident.
Documentation for the vehicle. This includes - PTS, registration certificate.
Compulsory MTPL insurance policy.
Certificates of the driver applying for compensation.
Personal passport.
Account details with a banking organization if there is an agreement to receive compensation in cash equivalent. In another situation, compensation will be provided in kind, in other words, in the form of repair work.
A power of attorney to conduct a case, if it is handled by a representative of a person injured in a road accident.

Additionally, a certificate of independent examination may be required. Although usually the inspection is carried out by employees of the insurance company within 5 days from the date of filing a request for insurance payment. The procedure is necessary to determine the exact amount of damage.

If the traffic accident was registered with the help of an inspection, a copy of the protocol drawn up at the time of its registration by the official and a resolution on the administrative violation or the absence thereof are attached to the package of papers.

Previously, a certificate of road accident was required, but now this document is no longer necessary. Since October 20, 2017, certificates are simply not issued, and all information on the accident, as well as information about the participants in the accident, is contained in the incident report.

Insurance payment limits

So, when drawing up a European protocol, the amount of damage covered from the funds of the insurance company cannot exceed 50 thousand rubles. The minimum limit for other areas is:

400 thousand rubles – compensation for damage caused to the property of the injured person;
50 thousand rubles – compensation for the amount spent on restoring a vehicle damaged due to a collision;
475 thousand rubles – reimbursement of funeral expenses for citizens who died as a result of a road accident.

The payment is provided to the applicant within 30 days from the date of transmission of the request for the need to receive it.

The actions of a car owner injured in a road accident should, first of all, be aimed at recording the nuances of the accident, since receiving compensation for the costs of repairing his own car largely depends on this. After registering the incident, the victim has 5 days to visit the insurance company to submit an application and documents for compensation for damage. If for any reason difficulties arise in obtaining insurance, you should contact the company’s consultants or a qualified lawyer.