A new car got into an accident, what should I do?

What to do if you get into an accident - the procedure for compulsory motor liability insurance in 2019

A traffic accident is not uncommon, and any driver can be involved in it. Therefore, it is extremely important to know in advance what to do according to the new rules of 2019 if you are involved in an accident. However, many car owners do not have practical experience in resolving such situations, so after an accident many become confused and begin to make mistakes.

Actions of drivers immediately after an accident

Regardless of where and with how many participants the accident occurred, paragraph 2.5 of the traffic rules prescribes the priority rules of conduct in case of an accident:

stop the vehicle immediately and turn on the hazard warning lights;

place a warning triangle (in populated areas - at a distance of 15 m from the car, outside populated areas - 30 m);

do not move or remove any objects related to the incident;

check whether the participants in the accident need medical assistance;

If there are eyewitnesses to the accident, if possible, write down their names and telephone numbers.

Further, what to do if an accident occurs depends on whether any persons were harmed as a result of the accident and whether they need emergency assistance. P 2.6 of the traffic rules states:

If people are killed or injured as a result of an accident, the driver involved in it is obliged to:
1. take measures to provide first aid to the victims, call emergency medical care and the police;
2. in emergency cases, send the victims along the way, and if this is not possible, deliver them in your vehicle to the nearest medical facility, provide your last name, registration plate of the vehicle (with presentation of an identification document or driver’s license and registration document for the vehicle ) and return to the scene of the incident;
3. clear the roadway if the movement of other vehicles is impossible, having previously recorded, including by means of photography or video recording, the position of the vehicles in relation to each other and road infrastructure, traces and objects related to the incident, and take all possible measures to their preservation and organization of a detour to the scene of the incident;
4. write down the names and addresses of eyewitnesses and wait for the arrival of police officers.

The culprit of the accident does not admit guilt, procedure

If there is no damage to the health of any of the participants in the road accident, emergency delivery to the hospital is not required, then the instructions for the actions of the driver in case of an accident oblige all participants in the accident to:

call a traffic police inspector to the scene of the accident;

using any means of photo and video recording, photograph a general plan of the accident site, damage to vehicles, license plates, braking marks;

If possible, clear the roadway.

Previously, we would like to remind you that it was strictly prohibited to move a vehicle before the arrival of a traffic police officer. New changes in driver actions in case of an accident from July 1, 2015, on the contrary, oblige the driver to clear the roadway. Clause 2.6.1 of the traffic rules prescribes:

Clear the roadway if the movement of other vehicles is impossible, having previously recorded, including by means of photography or video recording, the position of the vehicles in relation to each other and road infrastructure, traces and objects related to the incident, and take all possible measures to eliminate them. preservation and organization of a detour to the scene of the incident.

Moreover, according to paragraph 1 of Article 12.27 of the Code of Administrative Offenses, in case of failure to comply with this requirement, the parties will incur an administrative penalty in the form of a fine of 1000 rubles. Although the time frame for this provision is not defined, in order to avoid unnecessary fines, perform all the steps described above before the police arrive.

Procedure for compulsory motor liability insurance in case of an accident for the victim

While most drivers know the general rules of action after an accident, as set out in the traffic rules, well, issues related to insurance and receiving compensation payments baffle many. Therefore, everyone should imagine what my actions will be in case of an accident under compulsory motor liability insurance in 2019. In general they are as follows:

1 Call the police at the scene by calling 112 or 02.

2 In order not to receive an unexpected refusal of insurance payment, make sure that the compulsory motor liability insurance policy of the guilty party is genuine. To do this, call his insurance company and make sure that the existing document is legal. Ask employees to make sure that it is the car of the participant in the accident that is insured, and that the driver himself is allowed to drive the vehicle under the compulsory motor liability insurance agreement. You can also check this information yourself on the website of the RSA (Union of Motor Insurers).

3 If the policy turns out to be fake, prepare for the fact that you will have to recover material damage from the culprit yourself in court, for which it is better to immediately seek help from professional lawyers. Alternatively, you can try to resolve financial issues on the spot without insurance.

After the traffic police inspector draws up a protocol for inspecting the accident site, you can leave.

If each party has a valid MTPL policy and there are no disagreements regarding the culprit of the accident and damage, you can do without calling a traffic inspector. What a victim should do after an accident and how to behave is written in clause 2.6.1 of the traffic rules:

Drivers involved in such a traffic accident are not required to report the incident to the police and can leave the scene of the traffic accident if, in accordance with the legislation on compulsory civil liability insurance of vehicle owners, paperwork about the traffic accident can be carried out without participation authorized police officers.

Moreover, if the amount of damage is less than 50,000 rubles, in some cases the traffic police may not be involved at all in registering the incident. Here is what is written about this in the same paragraph 2.6.1 of the Rules:

. draw up documents about a traffic accident without the participation of authorized police officers by filling out a notification form about a traffic accident in accordance with the rules of compulsory insurance - if 2 vehicles are involved in the traffic accident. the harm was caused only to these vehicles and the circumstances of the harm in connection with the damage to these vehicles as a result of a traffic accident do not give rise to controversy.

That is, to receive payment, you only need to record the surrounding situation, the vehicles themselves and their damage on a photo or video camera, fill out a notification of a traffic accident (Euro protocol) and send these materials to the insurance company.

What should I do next if I get into an accident and I am the culprit?

The perpetrators of a road accident, often inexperienced motorists, immediately after the incident do not know what to do in the event of an accident; if you are at fault, they panic, as a result of which they may leave the scene of the accident. This fact itself is today interpreted in accordance with paragraph 2 of Art. 12.27 Code of Administrative Offenses as an administrative violation:

Leaving by a driver, in violation of the Traffic Rules, the scene of a traffic accident in which he was a participant, entails deprivation of the right to drive vehicles for a period of one to one and a half years or administrative arrest for a period of up to fifteen days.

clause 2 art. 12.27 Code of Administrative Offenses

However, leaving the scene of an accident when serious harm to health or death is caused to the victim will be a serious aggravating circumstance and will entail a serious increase in criminal penalties. Therefore, after you have completed the responsibilities of a driver in an accident described above:

1 Gather your thoughts and try to find arguments that will help, if not relieve you of blame for what happened, then at least reduce the degree of responsibility.

2 Be careful when assessing damage and drawing up a report. Often, victims try to blame the accident on previously existing damage to the car, which may not be beneficial to you, especially if the amount of damage or part of it will have to be paid out of your own pocket.

3 Do not refuse a medical examination under any circumstances. If serious consequences occur as a result of an accident, insist that the examination be carried out at a medical institution.

In general, the procedure after an accident is no different for the victim and the culprit. Moreover, the latter does not have any problems with collecting documents and “extorting” funds from the insurance company, since payments under compulsory motor liability insurance in this case are not provided for him.

What actions to take after an accident due to a pothole?

First, we note that any damage to the vehicle due to falling into a hole is an accident. You can read about this in paragraph 1.2. Traffic regulations:

A road traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.

Consequently, the scheme of action in case of an accident due to falling into a hole will be the same, with a traffic police officer being called to the scene. Please note that it will no longer be possible to issue a European protocol here, since only one of your vehicles took part in the incident. Next, we’ll look at what to do in the event of an accident if you are not at fault, but the cause was a defect on a section of the road.

When taking photos or videos, be sure to record, in addition to damage and license plate number:

the pit that caused the incident;

absence of any temporary signs or barriers on the defective road section;

address where the accident occurred (sign with street name, house number).

When the inspector prepares the documents, make sure that the diagram shows the dimensions of the hole on the road surface. According to clause 3.1.2 of GOST R 50597-93:

Coverage of the roadway:
The maximum dimensions of individual subsidence, potholes, etc. are determined according to the rules established in Appendix B.

Table 5.3 GOST R 50597-2017. National standard of the Russian Federation. Roads and streets. Requirements for operational condition acceptable under the conditions of ensuring road safety. Control methods

If the defect exceeds the given values, it will be quite easy to win the case in court with the involvement of competent lawyers. The organization responsible for maintaining the road in this area can be found out directly from the inspector when registering the incident.

Minor accidents in the yard or parking lot

Often minor accidents occur in parking lots, so we will describe what to do in case of a minor accident in the yard of a house or in a parking lot. Let us immediately make a reservation that if the culprit has not escaped, then the actions will not differ from those described above. You can draw up a European protocol or call a traffic police inspector to register the accident.

If the culprit has disappeared, you need to try to find video evidence that can be provided to the traffic inspector to find the offender. What to do in the event of an accident in a parking lot is generally clear. Typically, these areas are equipped with video recording equipment, so it will not be possible to escape unnoticed. In other cases, you can try to find witnesses and interview the owners of nearby vehicles. They may have had DVRs running, and this data can help you.

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.

A new car was involved in an accident: what should the owner do?

What should you do if you have an accident in your new car? Getting into an accident is always scary, but it is especially disappointing if the accident involves a car that was only recently purchased for a lot of money. The insurance system established in Russia will help you get at least partial compensation for a damaged car, but you need to know some of the subtleties associated specifically with a new car.

Is warranty service possible after an accident?

This is one of the controversial questions, the answer to which depends on the dealer and on the specific situation. Warranty repairs are intended solely to eliminate factory defects. If the driver's accident was not caused by engine problems or a broken tire, you will not be able to prove that you are entitled to repairs under warranty.

However, the car may subsequently be denied warranty restoration altogether. Often the reason for this lies in the legal illiteracy of buyers and reluctance to read the documents.

Usually, the buyer pays attention to the warranty card and service book last, and then very unfavorable conditions for providing the warranty are revealed. Almost all salons have general rules according to which you may be denied a guarantee.

The most common reasons for refusals, which are specified in the contract:

Violation of operating rules. If the car received external damage or breakdown due to the driver’s fault, you cannot count on warranty repairs. The same applies to independent modifications, non-professional tuning, etc.
Violation of the terms of maintenance specified in the contract. Failure to timely replace consumables and components will necessarily result in denial of warranty repairs.
Any accident. For the service center, this is a very convenient reason for refusal: the contract states that any accident and repair at another service station are grounds for canceling the warranty. As a result, if a new car gets a dent in the bumper, the dealer may refuse to fix engine problems, even if they have nothing to do with the accident. If your rights are violated, you can contact the Consumer Protection Department and then go to court.

However, the dealer will present you with a signed contract in which you have already agreed to the terms. That is why it is worth reading each document very carefully, immediately, clarifying all unclear issues and complex wording.

Sometimes it turns out that the showroom that sold you the car is not an official dealer at all and therefore it is not going to take on any obligations for warranty repairs at all.

If you didn’t know about this before, you can try to prove your rights in court. However, warranty repairs after an accident are quite rare.

Insurance for a new car

A new foreign car was involved in an accident: what to do? The answer will depend on whether your car is insured under CASCO, or you decide to limit yourself to a mandatory OSAGO policy. When a car is purchased on credit, CASCO insurance is mandatory, and although it is very expensive, it is a real chance for the driver to minimize his own losses.

OSAGO only compensates for the damage of the injured party if you are the culprit of the accident, but in this case you will need to repair your car yourself.

In addition, the maximum amount of compulsory insurance is very limited, so you will still have to carry out some of the repairs at your own expense if you purchased a new car.

So, your new car was involved in an accident, what should you do? Following a few simple rules will help you receive full compensation from the insurance company:

All issues between participants in the accident are resolved exclusively in an official manner. Do not fall for any offers to “agree in a friendly manner.” If at the scene of an accident you sign a waiver of claims, then your insurance company will not be able to receive anything from the insurers of the culprit, and accordingly, you will be denied consultation. What should I do if I have an accident in a new car? Wait for the traffic police officers and fill out the protocol.
At the scene of the accident, all damage, even very minor ones, must be recorded in detail. Often traffic cops try to save time and refer to the fact that the car is dirty and the scratches are not visible. Be correct, but persistent: all damage that is not included in the protocol will have to be repaired at your own expense.
You need to submit an application to the insurance company as soon as you receive all the certificates about the accident from the traffic police. Most insurers have a deadline of no more than three days. After this period, you will no longer be able to receive any compensation, no matter what happens to the car.
The insurance company will prescribe a damage assessment procedure, on which the amount of compensation will depend. If you are not satisfied with the stated amount, and this happens very often, you can contact independent expert companies. The result of their assessment will have legal force, and the insurer will have to issue the required compensation.

It is important to choose the right insurance program. If a car is purchased on credit, then there is usually no choice: a full CASCO policy is required, without a franchise and any unaccounted for risks.

If you buy a car for cash, immediately imagine the situation: new car, accident, what to do? It is simply unreasonable to leave an expensive vehicle you have just purchased without any protection at all, so you will have to look for the most affordable CASCO program.

If the owner already has many years of driving experience, you can get a deductible for a larger amount, then the insurer will compensate only for the largest losses.

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:

The driver was a person not included in the insurance. An exception is insurance issued for an unlimited number of persons.
The accident occurred at a specialized site during an experimental or training activity.
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. 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.

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.
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.
It is necessary to record the personal and contact information of all participants in the accident and witnesses.
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.
It is necessary to issue a notification of an accident; all participants in the incident must sign it.
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.
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.
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:

It is necessary to call the offender’s insurer and tell about the incident and, if necessary, answer questions.
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.
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.
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.
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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Got into an accident with a new car - insurance payments in case of an accident

If the car is involved in an accident, the options for insurance payments will depend on the types of insurance available. The procedure for processing insurance payments is almost no different from whether a new or used car has been involved in an accident. The criterion for insurance payment will be the calculation of the cost of car repairs after an accident.

Of course, getting into an accident in a new car is doubly offensive. What to do in this case? It will be more clear to briefly analyze typical situations.

For example, let’s take a new car of the current year of manufacture:

We don’t spend our money on repairs.

Case 1. The car is insured under CASCO

If the policy is issued in full, that is, taking into account all possible risks, then it makes sense to take advantage of the insurance company’s offer and have the car repaired at the car service center of an official dealer. This will avoid the headache of finding a suitable workshop:

handed over a faulty car,
accepted from repair in good condition,
kept the guarantee
got behind the wheel and drove off.

In this situation, all financial settlements take place directly between the insurance company and the car service center.

Case 2. The car is not insured under CASCO

If the car was not purchased on credit, then the lack of CASCO insurance is the most typical situation for most drivers. It is immediately worth noting that in this situation there are fewer options for receiving insurance payments after an accident.

If the liability of the defendant (those at fault for the accident) is insured under compulsory motor liability insurance, then the direct route is to the insurance company. And there is a choice:

contact your insurance company that issued the MTPL,
or to the defendant's company.

Insurance companies may, as insurance compensation, offer repairs to a service station.

For those who do not have the skills to contact car repair shops and do not want to delve into the technical aspects of car repair, it is worth considering an offer to repair a car through the insurance company. They handed over a faulty car and accepted a working one.

There is another way - to receive insurance compensation in money, but you will have to wait about a month, and possibly more. Everything will depend on the specific conditions of the accident and the efficiency of the insurance company.

When receiving money for repairs in the form of an insurance payment, there is always a risk that the insurance company's estimate of the cost of damage will not coincide with the cost of repairs at a car service center. In this case, you will have to pay extra money for repairs.

Case 3. The car is not insured under CASCO, the defendant does not have MTPL

This will be the saddest situation for someone who is involved in an accident and is not at fault.

In a situation where an uninsured car is involved in an accident, the only option left is to demand compensation for damages through the court. This path is long, thorny and costly:

it is necessary to carry out a damage assessment,
send the defendant an offer to voluntarily compensate for damages after an accident,
If there is a refusal, then a lawsuit will be required.

True, the court's decision does not mean the end of the accident story. Compensation for damages can take years, since the defendant still has the right to appeal the court's decision. And as a result, it may turn out that there is nothing to recover from the defendant except the “rotten six”, which has a red price of 5 rubles on market day.

Based on the listed situations, the most advantageous in terms of receiving insurance payments after an accident will be having MTPL + CASCO insurance. Then the owner of a credit (and not only) car can be guaranteed to restore the car after an accident.

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A comment:

Hello. I bought a car not long ago, and it so happened that I got into an accident in it. I was not guilty of the accident, but the other side thinks the opposite. There will be a trial and all that. The car was insured under CASCO. And now I have questions about insurance payments. Where to go, what documents to collect and generally what to do in such a situation? I decided to surf the Internet, searched for what I needed for a long time, and finally came across this article. The author very clearly described the problems that arise during an accident. Having drawn conclusions and made important notes from the article, I will now confidently contact the insurance company in full combat readiness. I'll fix my swallow and drive more carefully on the roads. Thank you very much for the useful article, especially from newbies like me.

A comment:

When you read the theory, everything seems to work out smoothly - you are insured and you don’t have to worry too much if some idiot or idiot cuts you off - the insurance company will at least compensate you for the damage. But in reality it's not that simple. Less than a month ago, a situation arose with my wife. She drove around a tow truck that was in her lane. She had already aligned the car in the next lane and drove a few meters straight when she felt a blow from the right - some “blonde”, making a maneuver to the left, “didn’t notice” my wife’s car. The insurance agent was called. He first interviewed my wife - she told everything as it happened (they say, she changed lanes, straightened out, she was hit). And suddenly it turns out that the “blonde” is the daughter of a local traffic police colonel. As a result, the insurance agent drew up documents that my wife, while changing lanes from one lane to another, collided with this blonde’s car.

The question arises - why do we need insurance if in the end everything (absolutely everything) is decided by connections?