Responsibilities of an emergency commissioner in case of an accident

Registration of an accident by an emergency commissioner without the traffic police

Previously, the motorist had to call the traffic police to the scene of the accident, but now there is an alternative. Registration of an accident can be carried out without the traffic police by an accident commissioner .

For a driver involved in an accident, stress prevents him from soberly assessing the situation, and other motorists can exert pressure. If you write an incorrect explanation in this condition, you can become the culprit of an accident, and the insurance company will refuse to pay.

Sometimes a driver in such a situation needs a specialist who will help him understand the situation and suggest the further course of action. Let's find out who the emergency commissioner is and what his powers are.

Responsibilities of the emergency commissioner

An emergency commissioner (avarkom) is a qualified specialist who provides comprehensive assistance to a participant in an accident.

What does an emergency commissioner do? Responsibilities of an emergency commissioner in case of an accident:

inspects the scene of the incident;
calls an ambulance if necessary;
provides pre-medical and technical assistance;
provides psychological support to road accident participants;
assists traffic police officers in the performance of their official duties;
objectively records incidents, damage to cars, other details, fragments in photos and videos;
photographs documents of participants in road accidents;
interviews witnesses to the incident and records their contact information;
preliminarily assesses the amount of damage;
helps participants in the accident prepare the necessary documents;
calls a tow truck service (if necessary);
advises road accident participants on the procedure for contacting an insurance company;
draws up an emergency certificate.

Video: Who are emergency commissioners?

The Institute of Emergency Commissioners is a fairly new phenomenon in the legal system of the Russian Federation . The accident commissioner takes upon himself the actions that must be taken by the motorist involved in the accident.

The law does not prevent emergency response companies (other third parties) from providing assistance to a motorist in carrying out these actions.

If the driver does not perform certain actions, he is subject to an administrative fine. The help of an emergency commissioner allows you to avoid the consequences of violating traffic rules; it is necessary for the driver if he is under stress.

Also, no one, except the traffic commissioner, is involved in the preliminary assessment of damage at the scene of the accident. The traffic police inspector only records the damage in the protocol and certificate of the accident.

Emergency commissioner services exist through orders from insurance companies for their services . You can often read complaints from drivers on forums about the work of such specialists, since sometimes they can only notice what will be beneficial to the insurance company that paid for their services. This will be discussed at the end.

Who can be an emergency commissariat?

Anyone who has undergone special training can become a traffic commissioner. Such a specialist must:

obtain the necessary level of knowledge in law and insurance;
acquire skills in providing psychological assistance and first aid;
know current traffic rules perfectly.

Let's find out how to contact the emergency response center.

Emergency commissioners usually:

They work for an insurance company. Its functions are reduced to assessing damage and determining the insured event. You can call the emergency response company by calling the insurance company, and they will tell you the procedure for further actions.
They have their own private company. Private commissioners perform all necessary actions.

Who pays for the commissioner's work? The customer, which can be the car driver or an insurance company. A motorist can use one-time services of a commissioner or pay for an annual subscription, having constant service.

If you have a CASCO policy, you must carefully read the terms of the insurance contract . Some companies have emergency services included in the cost of the policy, while others require separate payment for its services.

Sometimes, in some companies, calling an emergency commissioner in case of an accident is a prerequisite for receiving insurance payments. At the same time, in other companies, the decision to send a commissioner is made by the insurance agent as soon as the motorist informs him about the accident.

The most optimal solution for a participant in an accident with a CASCO policy is to call the insurance company to clarify the procedure for registering an accident.

Usually, for drivers with compulsory motor liability insurance, a free call to an emergency commissioner is available if you have purchased an extended version of insurance. With a standard policy, the emergency response will have to be paid separately.

Advantages of calling an emergency call

The main problem when registering an accident is the state of stress in which the participants in the accident may be. Most motorists do not understand the intricacies of paperwork in case of an accident.

Drivers who have been involved in an accident for the first time become especially nervous. They may know well the theory of behavior in case of a traffic accident, but without practical experience they are lost.

The emergency commissioner will undoubtedly help solve all problems, save your nerves, and suggest a further course of action . The roads are full of experienced scammers who can drag an inexperienced driver into a trap and make easy money.

But as soon as they hear that the driver called the emergency response team, they try to resolve the incident peacefully.

The services of an emergency commissioner are possible in case of any accident. The traffic commissioner is a third person who assists the driver in performing all prescribed actions in the event of an accident.

The emergency commissioner cannot replace traffic police officers. If the law requires calling a traffic police inspector, he should be called. If not, the presence of an emergency commissioner will be sufficient.

When registering without traffic police, the avarkom will take care of all the documents and perform the necessary actions . When registering an incident by a traffic police inspector, the commissioner will represent the interests of the driver.

Registration of an accident

The emergency commissioner arrives at the scene of the accident within 20 minutes after the call from the accident participant. An accident is registered in 20-40 minutes.

First, the accident commissioner draws up a diagram of the accident, photographs the scene of the accident and personal documents of the drivers.

Motorists write an explanatory note and fill out an application addressed to the head of the traffic police of the district in which the accident occurred.

Afterwards, the documents are delivered to the nearest traffic police post, and a car accident is registered.

The driver who was injured in an accident collects a package of documents and submits them to the insurance company within five days after the accident.

Registration according to the European protocol

This is a simplified procedure for registering an accident, in which there is no need for the presence of traffic police officers.

The damage caused does not exceed 50 thousand rubles. An experienced commissioner can file such an accident in 20 minutes.

The traffic police may not be called if:

there were no injuries as a result of the accident;
Only two cars were involved in the accident;
both motorists have a valid MTPL;
there are no disagreements between drivers;
the damage does not exceed 50,000 rubles.

Emergency certificate

In all cases, the accident commissioner draws up a road accident certificate, which the injured party must provide to the insurance company in order to receive insurance payments.

Experts suggest including this conclusion in a package of documents that can later be attached to the claim when going to court.

An emergency certificate is an official report from an emergency commissioner on the work he has done at the scene of an accident . The document includes:

detailed diagram of the traffic accident;
photographs from the scene of the accident;
the most comprehensive information about both sides of the incident;
additional comments from the emergency committee.

The certificate is drawn up by the traffic commissioner and signed by him and the injured driver. For this reason, the injured motorist, no matter how stressed he may be, needs to closely monitor the work of the commissioner.

If he overlooks any detail, he should draw the attention of this specialist to the omission, and also ensure that it is corrected.

The certificate is a very important document when contacting an insurance company . Insurers assign a payment or make a decision on the amount of insurance payment only after reviewing the accident certificate.

Design rules

For comparison, let’s look at how an accident is registered with the traffic police and without a commissioner . Procedure in case of an accident:

stop the car;
turn on the hazard warning lights;
an emergency stop sign is installed;
objects that are related to the accident do not move;
the presence of victims is established;
it is determined whether the path is clear for other cars to move;
if anything interferes, the location of the participants is recorded in the photo, then, if possible, the path is cleared;
call the traffic police (if there are no victims, you can draw up a European protocol).

First, you need to obtain the primary documents yourself, visit the office of the insurance company, write an application, receive a request from the traffic police.

Go to the State Traffic Inspectorate for certificates, provide documents to the insurance company, and receive a referral for repairs. Then go to a service center for repairs.

From the moment of the incident to full compensation for losses, there is a long path that consists of many stages. Not every driver understands them.

And if there is an emergency commissioner, you just need to follow his instructions, he will help you complete all actions as quickly as possible.

But it's not that simple.

Whose interests does Avarkom protect?

An accident commissioner, working on the staff of an insurance company, protects the interests of the insurer, since he is paid for this. The main responsibility of such a commissioner is to reduce the amount of insurance payment.

In this case, the rights of the insured driver are not openly infringed. Avarcoms are well versed in all the legal subtleties of the registration process and can do everything necessary for the insurance company efficiently and unnoticed by an inexperienced motorist.

The damage is significantly underestimated, and the culprit may be a completely different driver.

But the motorist has the right to use the services of an independent commissioner from private accredited companies.

Then the insurer will be out of luck, since the damage will be assessed adequately, and sometimes will be overestimated.

There are many cases in legal practice in which some were able to make money on their policy.

Sometimes insurance companies care about their reputation and enter into an agreement with independent firms to call accident commissioners. But there are still few such insurers.

Cost of services of an independent specialist

The cost of services of an independent emergency commissioner in 2019 depends on the package of services purchased . A one-time emergency call starts from 2,000 rubles.

Annual packages usually include travel, participation of a technical assistance vehicle, a tow truck, collection of certificates, and one-time receipt of certificates from the traffic police. The cost of annual packages starts from 8 thousand rubles.

Let us highlight the main points of the work of emergency commissioners at the scene of an incident:

provide assistance to the victim of an accident in correctly completing the necessary documents and taking the necessary actions;
make a preliminary assessment of the damage caused at the scene of the accident;
the emergency committee does not need to be called, the participants are able to cope with the incident on their own;
calling the commissioner cannot replace calling traffic police officers;
Some emergency committees work in insurance companies, others in private companies;
You become a client of an independent commissioner after concluding an agreement for a one-time call or long-term service.

For many drivers, registering an accident with an emergency commissioner is the easiest way to solve the problem . But you need to use the services of emergency services with caution.

It is better not to rely on the integrity or recommendations of the insurance company on the issue of choosing a commissioner, but to immediately contact trusted companies with independent specialists.

Carefully read the conclusion drawn up by the commissioner and defend your point of view if you notice any inaccuracy.

What does an emergency commissioner do in case of an accident?

In this article we will talk about emergency commissioners. After all, even now not every driver knows who he is, what he does, not to mention his legal status. Everyone is accustomed to the fact that as soon as an emergency situation occurs on the road, you need to immediately call the traffic police. And emergency commissioners are sometimes also very helpful, especially for inexperienced and new motorists.

Is an emergency commissioner necessary in case of an accident?

An emergency commissioner (avarkom) means a qualified specialist who is ready to help its participants in all sorts of issues related to the accident that occurred. It is important to understand that he is not endowed with any rights or powers and he is not an eyewitness.

There are different types of emergency commissioners:

Independent – legal. a person offering its services separately from the insurance institution. Of all three types of commissars, he is considered the most profitable. After all, his goal is to provide assistance in filing an accident and that’s all. Of course, the cost of his services is an order of magnitude higher than that of others, but this way you don’t have to worry that he assesses the situation in a biased and biased way.
An employee of an insurance institution is an individual who is on the staff of the insurance institution. It is only to the advantage of the insurer to have such employees. The cost of its services is usually already included in the price tag of CASCO insurance. The package of services provided will depend on the cost of the policy; the more expensive it is, the more is offered by the accident commissioner. The law prohibits including such a service in the MTPL insurance policy, as this will already be considered luring away clients.
Working with an insurance institution is a legal entity. a person who, in addition to carrying out independent activities, also offers his services to insurance institutions. In practice, there have been more than once situations where such commissioners deliberately made mistakes in recording accidents in order to reduce the amount of insurance compensation.

Nowhere is it stated that the emergency response officer is a mandatory person, without whom it is impossible to register an incident on the road. Moreover, if as a result of the accident no one was injured, everyone knows the rules for filling out documentation and there are no disagreements between the culprit and the victim, then it is quite possible to do without his help.

What are the responsibilities of an emergency commissioner?

Carefully inspect the area where the accident occurred and the vehicle.
Call an ambulance.
Provide pre-medical and technical assistance.
Provide psychological support to car owners.
Assist traffic police officers in carrying out official activities.
Objectively record an incident, vehicle injuries, video or photo fragments.
Take photographs of documentation of those involved in the accident.
Ask eyewitnesses and witnesses to the accident about everything and write down their contacts for future communication.
Preliminarily assess the extent of the damage.
Assist in filling out and completing the necessary paperwork for participants in road accidents.
Call a tow truck service.
Provide advice to car owners on applying to insurance institutions for compensation.
Create an emergency certificate.

How is the procedure for reporting an accident different?

The presence or absence of an emergency response committee at the scene of an accident does not particularly affect the registration procedure itself. His help is necessary for those who do not know what to do after a collision with another vehicle.

In the table we show clearly the procedure for registering an incident with and without emergency control, if traffic police officers are present:

Now let's look at the differences in the case of the European protocol:

Benefits of hiring an emergency response team in case of an accident

Whether or not to involve an emergency commissioner is decided by the car owner himself. By making a positive choice, he will receive the following benefits:

If traffic police officers can travel to the scene of an accident for several hours, then the emergency response team will arrive as soon as possible and take all the necessary measures.
When an accident occurs, some car owners panic or simply get lost due to stress and nerves and forget how to behave and what to do. In this case, the Commissioner will be very helpful and reassuring in every sense of the word.
While the traffic police officers are going to the scene of the accident, he will not only inspect the scene of the incident, but will also photograph everything, film it on video, and will also interview both parties to the accident and eyewitnesses and draw a graphic diagram of the accident.
He will write down in detail in the papers all the damage, even the smallest. This is all important when applying to an insurance institution for compensation. And traffic police officers record everything briefly and often miss a lot.
He will talk with traffic police officers on behalf of the client and represent his interests.
If necessary, he can also speak before a judicial body.
If the accident turns out to be a fake, he will be able to fight back against the scammers.

What are the risks of registering an accident with an accident commissioner?

There are several risks that you won’t want to resort to using emergency services to learn about.

Payment of recourse by the culprit to the insurance institution

The most unpleasant and significant risk for a car owner whose actions caused an accident on the road is recourse - the requirement to provide the amount that the insurance institution itself paid to compensate the victim.

The whole problem in this case is that the Federal Law “On Compulsory Motor Liability Insurance” states that the culprit is obliged to notify the insurance institution of the accident for a maximum of 5 days in the case of a European protocol. In addition, he cannot repair the car for the next 15 days.

The scheme in such a situation is as follows:

Avarkom registers an accident without involving the traffic police service.
The guilty party of the accident believes that this way Avarkom has completely replaced law enforcement agencies or that he also works in the traffic police.
The parties to the accident and the emergency room depart.
After one to two months, the culprit receives a pre-trial demand, which states that he must repay the recourse, that is, the amount paid by the insurer to the injured party. And if he does not do this, then a lawsuit will be filed with the judicial authority and he will have to incur additional costs for legal services and state fees.

This situation is only possible if the culprit of the accident does not know the laws, and the emergency responder providing assistance simply for some reason did not consider it necessary to remind the person about such an important point. This occurs most often when collaborating with accident committees working for insurers.

How to prevent it?

Do not accept help from the emergency commissariat.
Study your responsibilities - especially with regard to recourse from the insurance institution in the event that the vehicle is repaired before 15 days from the date of the accident or is not handed over to the insurer upon request.
Understand that a traffic police officer at work is always required to wear official uniform. A little man in civilian clothes should be alarming.

Limitation of payment to the victim

This risk scheme is similar to that described in the previous paragraph - the accident is registered by the emergency department, but car owners do not realize that this is simply a registration of the incident according to the European protocol. So, if the vehicle is very seriously damaged, then the insurance institution will cover only 100 thousand rubles to the victim. At the moment, this is the greatest restriction on payments under the European protocol. But in very rare cases exceptions are allowed.

Assignment agreement

Assignment means the transfer of the right of claim. In simple words, after completing the registration of the accident and assessing the damage, Avarcom offers the car owner money as monetary compensation, and he transfers the right of claim to the insurance institution, that is, instead of the insured, he will receive an insurance payment from the insurer.

What could be the risks here:

Avarcom proposes to pay an underestimated amount, citing the fact that the insurance institution will still not pay the money in full, and the compensation in this case becomes less due to the deduction of commissions, etc.
The amount of material compensation may be announced and greater than the insurance payment. But in reality this is impossible. Most likely, the accident committee or another representative of the company simply underestimated the amount of damage.

In practice, there are even cases where avarkoms slipped in an assignment agreement for signature under the guise of other documentation, according to which the car owner was not entitled to anything at all either from the avarkom or from the insurance institution, due to the transferred gratuitous right of claim.

If the commissioner only offers assistance in obtaining insurance payment for a certain compensation or a fixed price tag, then there is no risk involved.

How to register an accident with an emergency commissioner step by step

The emergency response team arrives at the scene of the accident in no more than 20 minutes after the call. Everything with waiting and further processing usually takes up to 40 minutes.

First of all, he inspects everything, then draws up a graphic diagram of the accident, takes photographs of documents of car owners and cars.
After this, the drivers draw up an explanatory note and write a statement to the head of the traffic police of the specific area where the incident occurred.
Then the documentation is delivered to the nearest traffic police post and a car accident is registered.
Helps a car owner whose car was badly damaged to create a package of documentation and send it to the insurance institution.
After collecting all the facts about the accident, the commissioner estimates the approximate cost of restoration work.

Features of registration of an accident

On average, an emergency commissioner appears at the scene of an incident in about 10-20 minutes. But this time sometimes increases due to busy roads with traffic jams or the work of the specialist himself.

But you should not completely rely on the emergency commissioner for everything, even though he is a highly qualified specialist. Of course, you don’t need to walk and breathe down his back, but it won’t hurt to observe what he’s doing from a distance. If you are unhappy with something, be sure to point it out to him. But if he is employed in an insurance institution, then he is unlikely to listen to your advice. If you invited an independent emergency commissioner on your own initiative, then demand that all activities be completed.

It is important not to forget that it does not replace the traffic police service. Paperwork can be completed without it only in one case - in the case of registration of an incident according to the protocol.

The commissioner has registered an accident, what to do next?

After completing the milestones of formalizing the emergency incident, its participants are provided with a certificate of the accident, a resolution and a protocol. Avarkom must also attach an insurance certificate to this. After this, the car owner whose car was badly damaged must arrive at the insurance institution for a maximum of 15 days with:

Statement.
Information about the accident.
Protocol.
Civil passport.
Passport and car registration certificate.
Rights.
Insurance certificate.

If the registration of the accident was carried out by the insurance company representing the insurance institution, then there is no need to conduct an additional inspection of the vehicle. And if by an independent specialist, the insurer will set the exact date and time when the re-assessment will be carried out. If the car is running, then you will have to deliver it to the designated location yourself. In the event that the vehicle has received serious damage, the appraiser will arrive to where the car is parked.

According to the law “On Compulsory Motor Liability Insurance” of April 27, 2017, in case of an accident, insurance compensation is paid in extreme cases. Almost always, the car is sent to a car service center for repair work. The insurer issues a referral for restoration work or makes a verdict on the amount of compensation within 20 days from the moment the car owner submits documents and an application.

Who pays for the emergency commissioner in case of an accident?

As we already wrote in previous paragraphs, it is necessary to involve an emergency commissioner if one of the car owners has such a measure prescribed in the CASCO insurance policy or the person simply needs his help. Thus, it turns out that the one who involves him in the process pays for his services. Theoretically, of course, you can pay in half, but not everyone will agree to this.

Registration of a traffic accident by an emergency commissioner

Not a single motorist is insured against getting into an accident. Many drivers simply do not understand what to do and how to fill out documents in the event of an accident. The emergency commissioner will be able to provide comprehensive assistance and represent the interests of the driver in this matter.

Is it necessary to call an emergency commissioner in case of an accident?

An accident commissioner is a qualified specialist whose responsibilities include providing comprehensive assistance to a participant in an accident. It should be remembered that he does not have any rights or powers; he is not a witness. And it just provides assistance to drivers or one of them in registering the incident.

Emergency commissioners are divided into three types:

Independent is a legal entity that provides its services independently of the insurance company. This is the most reliable and objective option, because such an emergency commissioner will only be interested in helping you file an accident. Of course, the cost of an independent expert will be much higher. But you can be sure of his impartiality and objectivity.
Employees of an insurance company are individuals who are on the staff of the insurance company. It is beneficial for insurers to have such an employee. His services are included in the CASCO policy. Moreover, depending on its cost, the package of servants provided by the avarkom will also differ. According to the law, such services cannot be included in the compulsory motor liability insurance policy, as this is regarded as poaching clients.
Accident commissioners cooperating with an insurance company are legal entities that, in addition to independent activities, provide their services to the insurance company. Unfortunately, if the commissioner represents an insurance company, he may deliberately make errors and inaccuracies in the registration of a traffic accident in order to reduce the amount of insurance payment.

Is it necessary to call an emergency commissioner when registering an accident? No, if the participants have no disagreements about the culprit, if there are no victims, if there is an understanding of how the documents are filled out. This is just an additional service that is provided to help drivers. Only in some cases, if one of the participants has a CASCO insurance document, which stipulates the mandatory arrival of a commissioner at the scene of an accident, it is necessary to call this employee. Otherwise, the insurance company may refuse to pay.

Procedure for registering an accident

When the emergency commissioner arrives at the scene of an accident, he must act according to a certain scheme, observing the procedure described below for registering an accident.

Arrives at the scene of a traffic accident and carefully inspects the scene.
Provides psychological assistance to drivers if necessary. He can also provide first aid and call an ambulance.
Next, the emergency commissioner begins to record the details of the incident. Takes photos and videos, interviews witnesses, and, if necessary, looks for external surveillance cameras that could have recorded the accident.
After collecting information, he assesses the amount of damage caused to the car and property. At the same time, he describes in detail all the damage in the accident with details.
The emergency commissioner fills out the documents and issues an insurance certificate.

It should be noted that this extended plan applies to private commissioners rather than insurance company employees. The latter have a very limited plan of action. Their main goal is to record damage and reduce the amount of the rhinestone payment.

Responsibilities of an emergency commissioner in case of an accident

Below is a list of activities that the emergency commissioner must carry out after arriving at the scene of an accident.

Inspects the scene of the accident.
If necessary, call the traffic police and a tow truck.
Interviews witnesses.
Takes photos and videos of the accident scene and damaged vehicles.
Conducts an assessment of the amount of damage.
Prepares the necessary documents, including an emergency certificate.

An emergency certificate is a report on the work done by the emergency commissioner. It includes: a diagram of the accident, photographs, comments, full of information about the situation and the participants in the accident. Thus, the commissioner carries out the actions that the driver involved in the accident is required to perform, in accordance with paragraph 2.6 of the traffic rules. The law does not prohibit third parties from helping a participant in an accident in registering it.

Advantages of registering a traffic accident with an emergency committee

The participant in the accident decides whether it is worth calling an emergency commissioner to the scene of the accident. What are the benefits of such actions?

Who pays for the emergency commissioner in case of an accident?

As mentioned earlier, calling the emergency commissioner is mandatory only if one of the participants in the accident has a CASCO insurance with the appropriate condition. Thus, the cost of payment falls on the driver who decided to call the emergency commissioner. Of course, participants can agree and split these costs between two. The cost of calling an emergency commissioner will vary depending on the region.

Features of registration of an accident

As a rule, the emergency commissioner arrives at the scene of the incident after 10-20 minutes. The exact time will depend on the region, traffic conditions and the specialist’s availability. The average time for a professional to register an accident is from 20 to 40 minutes.

Despite the fact that the emergency commissioner is a highly qualified specialist, you cannot count on him to do everything for you. There is no point in following on his heels and interfering in his work, but you will have to monitor his actions. If, in your opinion, he missed something or did something wrong, pay attention to it. Of course, if the commissioner represents an insurance company, he can easily ignore your comments. But if you called the emergency commissioner yourself to register an accident, then demand that he fully comply with the entire registration procedure.

It should be remembered that the commissioner in no case replaces the traffic police officer. He only helps the participant in the accident to register a traffic accident in accordance with the legislation of the Russian Federation. It is possible to do without the police only if the participants in the incident decided to draw up a Europrotocol.

The accident commissioner has registered the accident, what next?

After the accident is registered, the participants must have the following documents in their hands from the traffic police inspectors: a certificate of the accident, a protocol and a resolution. The accident commissioner must issue an insurance certificate. The victim must contact the insurance company within 15 working days. You must take the following documents to the insurance company:

statement;
certificate of accident;
protocol;
resolution;
passport;
STS and PTS for a damaged car;
driver's license;
insurance certificate filled out by the emergency commissioner.

If the accident was registered by the insurance commissioner, then no additional inspection of the car is required. If the registration was carried out by a private commissioner, then the insurance company may assign you an inspection date, which will be carried out by an appraiser. Moreover, if the car is running, you are obliged to provide it for inspection on the agreed day. If the car is not running, then the appraiser goes to the place where the car is stored.

In accordance with the new law on compulsory motor liability insurance, which came into force on April 27, 2017, monetary compensation can only be obtained as a last resort. In most situations, cars will be sent to an authorized car repair shop for repairs. Within 20 days from the date of submission of documents to the insurance company, they are obliged to issue a referral for repairs or reimburse the amount of damage if the situation falls under certain conditions.

Registration of an accident with an accident commissioner - what is the difference and what are the risks?

Emergency commissioner in case of road accident

The first thing you need to know about registering an accident with emergency commissioners and other people who call themselves accident helpers is that you should never trust them 100 percent. Such persons do not have any official legal status; they are not authorized to replace either traffic police officers or insurance companies - or rather, to fulfill the duties of a participant in an accident in terms of obligations under the law on compulsory motor liability insurance.

Who are emergency commissioners and what is their status for 2019?

An accident commissioner is a person who is involved in the preparation of documents in case of an accident. Its functions initially consist of simplifying formal procedures for the driver involved in a road incident, as well as providing services to assist in the evacuation of a damaged car and a number of other things.

Such assistants are either representatives of the insurance company or work for independent organizations. In the first case, their services may be free, but not always; in the second, they are always paid.

At the same time, the work scheme itself can be of two types:

assistance from emergency commissioners only when registering road accidents - documents,
assistance to victims at all stages of compensation for damage – right up to payment or repair.

In the second point, it is possible to pay for their services in the form of a fixed cost or in the form of a percentage of the amount of compensation under compulsory motor liability insurance.

Often, insurance companies, even at the stage of issuing an MTPL policy, oblige the driver in the event of an accident to immediately report the insured event by phone number and thus call the accident commissioner - a representative of the insurer. This is illegal, and the driver has no such obligation.

What is the difference in the procedure for registering an accident?

It's completely insignificant. An emergency commissioner is essentially just an assistant in preparing the documents necessary to receive payment. If the driver does not know how to do this correctly - and most drivers, unfortunately, do not know - then his help may be useful. Otherwise, no.

Step by step, the work of the emergency commissioner and the differences from working with traffic police officers or drawing up a European protocol by drivers on their own is as follows.

Assistance of the emergency commissioner (A/K) when registering an accident using the European protocol

What are the risks of registering an accident with an emergency commissioner?

There are a number of such risks that, due to their weight, completely kill the need for their help.

Recourse to the culprit from the insurance company

So, the most important risk for the culprit driver is the possibility of recourse - the requirement to pay the amount that the insurance company itself paid for the damage to the victim.

The point here is that the Federal Law “On Compulsory Motor Liability Insurance” provides for the obligation of the at-fault participant to notify his insurance company within 5 days of the occurrence of an insured event if the accident was registered using a European protocol, and also not to begin repairing the car within 15 days.

The diagram in this case looks like this:

the emergency commissioner registers an accident without the participation of traffic police officers,
the participants in the accident (at least the culprit) believe that the commissioner is thus completely replacing the employees, or, even worse, that the commissioner is a traffic police officer,
everyone is quietly leaving,
after a certain time (usually several months), the culprit receives a pre-trial demand for compensation by way of recourse for the amount paid to the victim on the basis of subparagraph “g” of paragraph 1 of Article 14 of the Federal Law “On Compulsory Motor Liability Insurance”; and if this requirement is not satisfied voluntarily - a lawsuit with additional costs for compensation for the services of a lawyer, insurance and state fees.

Yes, the key here lies in the fact that the culprit, again, does not know the laws. Why doesn’t the emergency commissioner, whose role is precisely legal assistance, warn about this?! It's simple - this is a representative of an insurance company or an affiliate who is interested in the insurer receiving benefits - recourse to the culprit.

How to avoid?

Obviously, refuse the help of the emergency commissioner.
Know your responsibilities - in particular, the right of recourse from the insurance company if you repair the car earlier than 15 days after the accident or do not submit it for inspection at the request of the insurance company (and recourse for failure to notify the insurer within 5 days about the accident was canceled not so long ago).
Understand that traffic police officers always file an accident in their official uniform, and if a person is not in uniform, then he is not authorized to replace them.

The limit of payment to the victim is 100 thousand rubles

The risk scheme here is similar to the previous one - an accident is registered with the accident commissioner, but drivers do not understand that this is registered according to the European protocol and nothing more.

As a result, if the damage to the cars is even slightly serious, the victim will receive no more than 100,000 rubles in compensation - this is the payment limit under the European protocol in force for 2019, with the exception of certain situations.

Risk in case of assignment agreement

In addition to the fact that we found out that the emergency commissioner does not have any official powers, and his documents do not have any legal force, there is also a risk in the case of so-called accompaniment after an accident. It is concluded in an assignment agreement - in this case, you simply receive significantly less compensation than you could receive from the insurance company directly.

An assignment is a transfer of a claim. That is, the accident commissioner, after registering the accident and assessing the damage, offers you money as compensation for the accident, and you transfer to him the right of claim to the insurance company - he will receive compensation from the latter instead of you.

In this case, you may be offered:

reimbursement of the agreed smaller amount of compensation on the basis that supposedly the insurance company will not pay you extra anyway, and the reduction is due to the commission for the absence of “difficulties” and red tape when receiving compensation yourself,
the amount of compensation may be higher than the payment from the insurance company - these are, of course, fairy tales, in this case the emergency commissioner or other representatives of the organization themselves underestimate the amount of damage.

In rare cases, under the guise of documents when registering an accident, they may slip in an assignment agreement, as a result of which you will receive nothing at all either from the accident commissioner (because the document was submitted under the “sauce” of a formal accident registration) or from the insurance company, because you transferred the right demands free of charge.

But there is no risk if we are not talking about the assignment of the right of claim, but simply accompanying the receipt of compensation by the emergency commissioner for a certain percentage of the payment or for a fixed amount of his services.

Registration of an accident with the participation of an emergency commissioner

Road traffic accidents can happen to anyone. At the same time, assessing the cost of damage and identifying the culprit can be quite difficult, due to various factors: stress, crowds, interference from other motorists, etc. In this case, assistance can be provided by a qualified specialist - an emergency commissioner.

We will tell you below how to register an accident involving an emergency commissioner.

General information

After an accident, most drivers are in a state of stress, they do not know what to do and where to go, as well as how to correctly fill out the report and related documents. This and much more can lead to irreversible consequences:

recognition of the driver's guilt;
bringing to administrative and criminal liability;
involvement in legal proceedings;
deprivation of rights;
imposition of a disproportionate fine;
refusal of the insurance company to compensate for damage, etc.

To comply with the law and properly prepare documents, many motorists resort to the services of emergency commissioners.

An accident commissioner is a specialist in road traffic accidents of any kind. It is the responsibility of the private individual to provide comprehensive assistance. From communication with a traffic police inspector to representing the driver’s interests in court. If you get into an accident, a specialist will help you fill out the documents correctly. In addition, the emergency commissioner provides first medical, psychological aid and much more.

Responsibilities of an emergency commissioner in case of an accident

The responsibilities of the emergency commissioner for road traffic accidents include:

visual inspection of the scene of the incident;
calling an ambulance and other special services, if necessary;
provision of first medical, psychological and technical assistance;
assistance to traffic inspectors;
detailed inspection of the vehicle for damage to the body and other parts of the car;
recording road accidents on photos and video cameras
filling out road accident documents (traffic police report, European insurance report, etc.);
interviewing witnesses;
preliminary assessment of the cost of damage;
assistance in giving evidence;
communication with the insurer;
calling a tow truck;
consultation with road accident participants on the procedure for contacting the insurance company and collecting compensation from the culprit of the accident;
drawing up an emergency statement, etc.

Procedure for registering a traffic accident

The emergency commissioner must arrive at the scene within 20 minutes. The same amount of time will be required to document the accident.

Procedure for registering an accident:

Sketching the location of cars, roads, signs and traffic lights;
Drawing up explanatory notes from drivers addressed to the head of the road inspection department;
Sending documents to the district traffic police;
Providing copies of the accident certificate to the insurance company.

Emergency certificate

The services provided by the traffic commissioner are recorded in a special document - an accident certificate. The text states the following:

schematic sketch of an accident;
personal data of drivers, insurance series and number;
description of property damage;
cost of damage;
expert opinion;
date, drivers signature.

The certificate is also accompanied by a photo report of the commissioner’s work done.

Payment for the services of an emergency commissioner

A traffic commissioner is a specially trained employee who:

has the necessary level of knowledge in the legal and insurance fields;
knows how to provide psychological, medical and technical assistance;
has driving skills and also knows traffic rules.

Such employees are present in almost every insurance office. Calling an inspector may be paid or included in the cost of the insurance policy.

The cost of services depends on the area of residence, as well as individual tariffs for insurance companies or individuals. On average, you will need to pay 2 thousand rubles to call an inspector. The cost of annual packages is estimated at 8 thousand rubles and more.

Advantages of the participation of an emergency commissioner in an accident

Advantages of the participation of an emergency commissioner in case of an accident:

Calling a special worker will significantly save drivers’ time, which is required to complete documents and record an accident;
The commissioner will help resolve issues of participants in road accidents of various types;
The accident commissioner will explain in detail the further actions the driver must take to obtain insurance and avoid the negative consequences of an accident.

In addition, the expert will tell you how to recover compensation from the person responsible for the accident.