Responsibilities of the culprit of an accident under the European protocol

What is the danger of the Euro Protocol for the culprit of an accident?

As you know, when registering a road accident under compulsory motor liability insurance, the parties have the right to do without traffic police inspectors. This procedure for interaction between participants in an incident and insurers is called the “Europrotocol”. It allows you to significantly save time if the cars have received minor damage.

Many car owners still treat the Europrotocol with distrust. Moreover, we are talking about both victims and perpetrators of road accidents. The fears of the latter are completely justified, because for them, registering an accident without the participation of a traffic police inspector can have serious consequences. What does the at-fault driver need to know so as not to encounter an unpleasant surprise?

OSAGO calculator calculation and online purchase for 50 companies.

Select vehicle type

The culprit always takes risks

The rules of compulsory motor liability insurance provide for the right of the victim to demand compensation for damage from the culprit of the accident when compensation under the “Euro Protocol” is not enough to repair the car. In this case, the victim cannot make property claims to the insurer who paid the compensation.

In other words, the restoration of the victim’s car is paid for by the culprit, but only when the cost of repair exceeds the maximum payment under the Europrotocol. In this case, the victim has the right to demand compensation for damage without taking into account wear and tear of parts. As a rule, in such circumstances, at-fault drivers do not agree to voluntarily pay for repairs. Naturally, only a court can resolve a dispute between participants in a road accident.

It is noteworthy that the amount of the culprit’s debt is determined on the basis of paid repair bills. Of course, for the guilty party, such a scenario becomes a nightmare, especially when it comes to a large sum of money.

It turns out that the at-fault driver paid for insurance, but still must partially pay for repairs to the victim’s car. To top it all off, the tariff in the MTPL calculator will increase for him, because the insurance company made a payment within the amount of compensation under the Europrotocol.

Thus, the person at fault for a traffic accident always runs the risk of facing unexpected expenses. Therefore, you need to be very careful when registering an incident without calling traffic police inspectors. In addition, in the case of the Europrotocol, the guilty driver can always resort to a little trick.

How to avoid problems?

Let’s say the driver has no doubt that it was he who provoked the incident, and the victim offers to file the incident according to the “European Protocol”. In this situation, the first thing you need to do is assess the nature and extent of the damage. Of course, sometimes it is very difficult to determine how much it costs to repair any part of someone else’s car.

In this case, it is advisable to contact the car manufacturer's dealer to have at least an approximate idea of the cost of restoration work. At the same time, you should not trust the victim’s assessment, because he may be wrong. In addition, he may simply lie in order to be able to repair the car without taking into account wear and tear.

If the culprit of the accident has the slightest suspicion that the cost of repairs exceeds the maximum payment under the Europrotocol, the accident should be registered with the participation of traffic police officers.

It will take more time, but the guilty driver will be sure that he will not be subject to financial claims in the future. When registering an accident involving police officers, the maximum payment is half a million rubles. The culprit will have to pay extra for repairing the victim’s car only if the cost of restoring the car exceeds the specified amount.

Another option

If the victim for any reason does not want to seek help from the traffic police, the person responsible for the accident should receive a receipt from him indicating that there are no claims. This document must indicate:

“I have no financial claims against the culprit of the accident regarding damage to my car in excess of the maximum possible insurance payment under the MTPL agreement under the Europrotocol.

The victim must put the date of issue of the receipt and signature. In addition, it is advisable that he indicate the following information.

Date and circumstances of the incident.
Information about the vehicles involved in the accident.
Details of those involved in the incident, including driver's license numbers.

If possible, the receipt must be certified by two witnesses. The document should definitely indicate their details, as well as contact coordinates. The testimony of witnesses will be useful if the victim wants to challenge the receipt in court.

Unfavorable outcome

So, if the at-fault driver decided to do without calling the police and did not demand a receipt from the victim, he may find himself in a difficult situation. It is best to evaluate the consequences of such a choice using a specific example.

Example

As a result of the accident, the bumper, headlight and fender were damaged. The victim received the maximum possible payment under the Europrotocol. At the same time, the independent expert indicated in his conclusion that the bumper and fender can be repaired, and the headlight should be replaced.

Subsequently, the victim handed the car over to the dealership service station employees for repairs. During the repair process, it turned out that the bumper and fender needed to be replaced. Accordingly, this automatically increased the cost of restoring the car. As a result, the victim did not have enough compensation under the Europrotocol to fully pay for the repairs.

He went to court to recover from the person responsible for the accident the difference between the cost of repairs and the amount of insurance payment. The court satisfied the claim, using the car service invoices when assessing the damage. The culprit of the incident has almost no chance to challenge such a court decision, which means he will be forced to pay all the victim’s expenses for repairs.

In addition, you need to remember that the victim received a payment under the Europrotocol, therefore, the culprit driver will pay more for the renewal of insurance. As you know, the presence of accidents increases the cost of compulsory motor liability insurance for all insurers without exception.

Actions in case of an accident - what should the culprit do after drawing up the European Protocol?

Not all motorists will be able to immediately answer the question of what to do for the person at fault for an accident after drawing up the European Protocol, and this document has its own specifics.

Any insurer of their vehicle should be aware of the problems that may arise after registration of the Europrotocol.

The correct actions of the person responsible for the incident will help avoid serious financial losses for him.

Possible risks

It is not for nothing that the European protocol for road accidents came to Russia from abroad, where it has been used for a long time and with success. Essentially, this is a civilized way to solve a problem after an accident without involving the traffic police.

Such a protocol can be drawn up only if two cars are involved in an accident and without serious consequences for the health of the participants in the incident. The document, if one of the drivers has the form, is filled out voluntarily by both parties when the culprit of the accident fully acknowledges his guilt. You can find out more about the cases in which the European Protocol is drawn up in case of an accident here.

What does the culprit of an accident risk by agreeing to draw up a Europrotocol? When assessing damage at the scene of the accident, the parties agree that the amount does not exceed the maximum insurance payment and sign a document. The insurer makes payments to the injured party within the limits of compensation provided for under the Euro Protocol. However, there is then a danger for the culprit to incur additional costs. Find out more about the features of insurance payments under compulsory motor liability insurance under the European Protocol in case of an accident in a separate article.

According to the rules of compulsory motor liability insurance, the injured party has the right to full compensation for all costs caused by the elimination of damage. During the repair, problems are identified that lead to a significant increase in the required amount for its implementation.

At the same time, the insurer of the guilty party will no longer compensate for losses after the payment has been made. In this case, the victim goes to court, where he provides documents about actual losses. The court, as a rule, rules in his favor.

As a result, the person responsible for the accident is sometimes forced to pay a large sum out of his own pocket . It must be remembered that when drawing up an accident report with the participation of the traffic police, this amount would be paid in full by the insured if it does not exceed 500,000 rubles. In addition, the culprit will also suffer financial losses caused by an increase in the cost of compulsory motor liability insurance for him due to the presence of an accident, because The bonus-malus ratio will increase.

Video about possible problems when registering the Europrotocol:

Actions after compilation

An accident occurs in which one of the drivers realizes that he is the culprit. Naturally, the question arises as to whether it is necessary to call a traffic police officer. To solve it, first of all, the real situation is assessed:

participation of only 2 cars;
absence of serious injuries among drivers, passengers, pedestrians;
severity of damage.

Further, in order to make a decision in favor of the Europrotocol, one should realistically assess the degree of damage to the damaged vehicle. You should not trust only the opinion of the other party. The victim may make a mistake when giving the amount, or deliberately underestimate it in order to exclude depreciation from being taken into account when determining the repair bill.

Find out more details about what the culprit and the victim should do after drawing up the European Protocol in case of an accident, and where to contact the victim in an accident in a separate article.

Do I need to go to the insurance company?

The right to resolve this issue remains with the policyholder. In accordance with the MTPL Law, he is obliged to report the incident and send a Notice to the insurer, but how he does this is not regulated. The culprit of an accident can do the following:

Personally visit the company's office and hand over the Notice. In this case, it is important to remember that the fact of transfer must be clearly recorded. You should definitely keep a copy of the Europrotocol with you, and receive a document indicating the date of receipt from the person who accepted the original Notification.
If the culprit cannot take the document to the insurance company himself, he can send a Notice to the insurer by registered mail with return receipt requested. An inventory of the attachment must be compiled at the post office.

Responsibilities

In accordance with the current rules for drawing up the Euro Protocol, the culprit of the accident is obliged to take the following measures:

Together with the injured party, fill out the accident notification form (as the Europrotocol is correctly called). The document has 2 identical halves, after dividing which one remains with the victim, and the other with the culprit of the accident.
Fill out the back of your half of the form. Find out more about preparing a notification of an accident according to the European Protocol here.
Send your half of the Europrotocol to the insurance company no later than 5 days after the accident (find out more details about the deadline for submitting a notice to the insurance company here). You can submit the notice by visiting the company's office in person or by sending it by mail, but the sooner this happens, the better.
After the accident, the culprit of the accident is obliged not to repair or dispose of the car for 15 days. This requirement is established by subparagraph “h” of paragraph 1 of Article 14 of the “Law on Compulsory Motor Liability Insurance”. In addition, upon first request, he must provide the car for inspection by the insurer's experts within 5 days.

A receipt from the victim will help avoid additional payments to the culprit. In it, he must clearly indicate that the amount of his claim cannot exceed the maximum insurance payment under the Euro Protocol. It is advisable to indicate additional information in the receipt:

date and description of the accident;
information about both vehicles and drivers, including information about their driving licenses.

Consequences of wrong actions

The rights of all participants in an accident under the European Protocol and the insurance company are regulated by amendments dated 02.08.2014 to the Law on Compulsory Motor Liability Insurance. The insurer of the culprit of the accident pays insurance compensation within the maximum amount at the request of the insurer of the injured party.

After this, all the rights of the victim in terms of claims against the culprit are transferred to him. In particular, the insurer has the right of recourse to the insurance payment in accordance with Art. 14 Federal Law No. 40 .

Regression, i.e. the demand for the return of the amount paid by the culprit of the accident is determined only through the court at the claim of the insurer. It may occur in the following circumstances:

A copy of the Europrotocol, which remained with the culprit and signed by both parties, was not sent to the insurer. The deadline for sending a notice is 5 working days after drawing up the Europrotocol; an explanation of this condition is contained in the Information Letter of the Bank of Russia dated March 26, 2019 N IN-06-59/26. The document was canceled by Information Letter of the Bank of Russia dated September 20, 2019 N IN-06-59/71.
The culprit of the accident repaired his car or handed it over for recycling within 15 days from the date of the accident. Such an action is assessed as concealing the circumstances of the incident. The period is counted only on working days (excluding weekends and holidays).
The person at fault for the accident did not submit his vehicle for inspection to the experts of the insurance company within 5 days after receiving written notification. The insurer has every right to conduct an independent technical examination of the car to clarify the circumstances of the accident.
General circumstances:

driving while intoxicated;
gross violation of traffic rules, which is punishable by deprivation of a driver’s license;
intentionally causing damage to another vehicle.

All of these circumstances give the insurer the right to regress the insurance payment that was previously transferred to the injured party. The entire amount paid, as well as legal costs, will be refunded .

What happens if you do not submit a notice to the insurer?

There is a real loophole in the MTPL Law for the insurer to compensate for its costs. In accordance with Article 11.1 (clause 2), the culprit is obliged to notify him within 5 days, and Article 25 clearly indicates the insurer’s right to refuse payment in case of violation of the insured’s obligations. Thus, a delay of even 1 day allows the insurance company to resort to recourse.

The insurer files a lawsuit demanding the recovery from the culprit of the accident of the amount previously paid to the injured party, and this amount can reach 100,000 rubles.

You can try to prove the excessiveness of the claim by arguing that a delay of several days did not lead to financial losses for the policyholder, but the chances of winning the case are minimal. You will also have to pay legal costs, which can reach 1,700 rubles.

Regression can be avoided only if there are good reasons that the court is ready to take into account. Thus, if the person at fault for the accident does not subsequently go to the insurance company and provide a Notice, he can cause himself serious problems.

The European protocol for road accidents makes it possible for victims to receive insurance compensation without wasting time on calling traffic police officers to the scene of the accident and drawing up the appropriate protocol. For the guilty party, if the damage is less than the maximum payment amount, it is also beneficial. If the driver admits his guilt, then he does not need unnecessary problems with the traffic police.

However, the Europrotocol also poses a certain danger for the culprit associated with the risk of subsequent payments out of his own pocket. Only correct actions on his part can avoid problems.

If you find an error, please select a piece of text and press Ctrl+Enter .

Conditions for the culprit of an accident under the European protocol

The article on the Euro Protocol was introduced by Federal Law back in 2014, according to which car owners involved in an accident have the right to register it without the involvement of police officers. But, as with the usual recording of a traffic accident, in this case there are two parties, namely the victim and the initiator.

If the first person in such an incident receives compensation in any case, subject to a valid car insurance policy, then the culprit of the accident under the European Protocol must do everything possible so that it is not he, but the insurer, who has to pay.

Since the registration of an accident occurs without the participation of authorized police officers, in order to compensate for losses caused to a third party, the initiator of the incident must comply with a lot of conditions. Otherwise, the company has the right to refuse to pay compensation for its client or to demand from him the further amount paid in the form of recourse.

Conditions for registration of road accidents according to the European Protocol in 2019

Undoubtedly, any motorist who is involved in a minor traffic accident will not want long clarifications and proceedings in the presence of traffic police officers, who have the right to issue a fine for violating traffic rules.

This right to independently document the incident is given to each of the participants in the accident, and it significantly saves the time of both car owners. The European protocol itself was introduced with the aim of relieving traffic on roads.

This method of issuing a notification about an accident saves the fact that traffic participants quickly draw up a protocol indicating the circumstances of the incident, and then leave the scene of the accident without interfering with the rest of the traffic.

But despite the fact that the law on the Europrotocol is quite beneficial, not all motorists trust it. The fear of being left without payment under compulsory motor liability insurance is reinforced by ignorance of the registration procedure, as well as the conditions under which such a protocol is drawn up. Consequently, car owners call traffic police inspectors and wait for them to formalize everything according to the protocol, while occupying the roadway and disturbing other drivers by creating traffic jams.

Drawing up a notification according to the European standard protocol is possible only if all the conditions listed below are met:

In a car accident, two vehicles were damaged and the damage was not severe. If three cars are involved in an accident, then such a report cannot be drawn up and you will have to wait for the traffic police.
Damage was caused exclusively to vehicles, and the participants in the incident themselves were not physically harmed. This condition also applies to pedestrians, i.e. there should be no casualties.
The property being transported by motorists at the time of the accident was not damaged, as were buildings, poles and monuments.
Car owners must be insured by a compulsory insurance policy. A valid “Green Card” policy is allowed if a domestic “motor citizen” is not issued.
Both participants have similar opinions about what happened and do not want to call the traffic police officers to the scene.
If there are disagreements, then issuing a notification is possible only if one of the participants in the accident has GLONASS system data.
Upon visual inspection of the damage to the victim’s vehicle, the damage does not exceed 100,000 rubles.

Actions in case of an accident before registration of the Europrotocol

Since even a minor incident on the road is considered an accident, in the case of documenting a road accident according to the European protocol, car owners are required to act in accordance with traffic regulations. The procedure for drivers’ actions is the same, regardless of the nature of the damage and the nature of the damage caused or received as a result of a collision between two cars.

Of course, the responsibilities of the culprit under the European Protocol are much greater than those of the victim, but both drivers must comply with the following sequence of actions:

Be sure to stop and turn off the engine of your car.
Put up emergency signs and turn on lights so that there are fewer casualties in an accident.
Make sure that the injured party did not suffer injuries or physical injuries. As mentioned above, if the driver’s health has been affected, then compulsory motor liability insurance under the European Protocol is not drawn up. In this case, if there are no victims, it is necessary to discuss the registration details with the victim and offer to record the incident independently, without attracting the attention of the traffic police.
The new conditions for registering an accident under the European Protocol are such that participants do not have to share their views on how to register an accident on their own. But we must not forget that disagreements will not be taken into account only if the driver who decided to issue a European Protocol in case of an accident has a built-in GLONASS system, which is capable of providing evidence of the incident.
If both participants in the accident share an opinion about the insignificance of the incident, then registration under the Europrotocol is possible.
Both drivers need to record traces of the incident using a camera or phone. Be sure to take a photo of the braking area, broken parts of the body, as well as state signs of both vehicles.
Next, you need to fill out a notice, the form of which is issued by the insurer when purchasing an MTPL policy. One copy of the accident notice is taken and filled out by both participants, each in its own column.

Actions of the culprit of an accident under the European Protocol in 2019

If, as a result of your carelessness, other vehicles became participants in a traffic accident and suffered as a result, then the initiative to independently record the accident should come from the culprit.

But before you offer the injured driver to independently fill out the Europrotocol form, you need to remember the requirements that apply to this type of notification. Therefore, if all conditions are met, then the participants in the accident must go to the insurance company and provide the insurer with their copy of the notice as soon as possible.

When drawing up this type of accident report, it is the accident initiator who needs to do everything correctly and quickly, because if you do not provide the Euro protocol, the fine to the culprit of the accident will be equal to the amount that the insurer will pay to the victim. In order for the insurance company to continue to represent your interests in the event of an accident, your auto insurance policy must be in effect at the time of the accident.

If there is no compulsory motor liability insurance policy, the European accident report will not be issued, and if the participants do issue it, then in any case, the culprit will have to pay compensation to third parties from their own funds. But not only the current “motor citizen” guarantees that the culprit will not be left without help from the insurer.

So, if the culprit did not provide the Europrotocol to his insurance company, then responsibility for compensation for damage also falls on him. The main thing that the initiator of the incident must do is to notify his insurer about the incident by providing a notification form for this purpose.

The injured party in any case, i.e. regardless of whether the culprit provides the protocol or not, he will receive due compensation from the company protecting the interests of the guilty party.

How to properly file a notification in case of an accident in 2019

Having come to a mutual agreement regarding the independent recording of a traffic accident, each of the participants must fill out their side of the notification.

The filling procedure also has certain rules, namely:

Use only a ballpoint pen. Gel ink or pencil will not work, because in the first case they can be smudged, and in the second they can be erased.
For the culprit of an accident, the European Protocol and its correct filling out are more important than for the victim, therefore, it is necessary to ensure that the second participant in the accident does not enter unnecessary information and indicates the circumstances of the incident similar to yours.
The nature of the damage and other circumstances of the incident must be indicated in detail, but using terms such as scratches, chips, dents, etc.
If the participants in the incident have doubts about the correctness of the damage assessment, they have the right to contact an independent expert or emergency commissioner. Often, hidden damage that was not identified during the preparation of the report will not be restored at the expense of the company of the at-fault insured.
After filling out the front side of the European standard protocol, it is signed by the participants in the accident and divided in half, each with their own side. Signatures are placed not only on their own parts of the form, but also on the side of the culprit/victim.
If the victim refuses to sign the form, then you will have to resort to the help of traffic police officers, who will draw up a protocol according to the standard.
If the participants in the accident have no claims against each other, then after they have drawn up the European Protocol according to the rules, observing and filling out all the points specified in it, it is necessary to notify the insurance company about the accident, since it is they who will make payments to the victims.

What should the culprit of an accident do after completing the Europrotocol?

The completion of the recording of a road accident occurs after both participants in the accident provide their copies of the notices to the insurers. If, in the case of a victim, he has the right to turn to both his own and the insurer protecting the interests of the culprit of the incident, then the latter must notify the insurance company about what happened.

If the culprit has not passed the Europrotocol, then he risks that the insurer will refuse to pay compensation for him to the injured car owner and the costs within the established limit will fall on the shoulders of the initiator of the accident.

It is also worth considering that at the time of the accident, the victim’s car could have suffered damage for an amount greater than that covered by the European protocol, which means the injured driver has the right to demand the missing amount from the culprit for repairs. To avoid such situations, you need to take a receipt from the victim stating that he has no claims against the culprit regarding damages that can be identified after drawing up the report.

Deadlines for submitting notification to the insurance company

The time within which both parties to the accident must contact the insurer is specified in the law. So, within 5 days after the accident, the culprit is obliged, and the victim can contact the insurance company to notify it of the incident. After contacting the insurer, the initiator of the accident must receive a document indicating that the insurance company accepted the notification within the period specified by law.

If the person at fault for the accident did not bring the report on time, the company has the right to make a recourse claim, according to which the insured will be forced to pay compensation from his own funds.

Compensation for damage under the European Protocol in 2019

As mentioned above, the amount of damage when drawing up a European-style protocol should not be significant, namely, not exceed the amount of 100 thousand rubles. If a visual inspection, assessment by an expert and other professional persons indicates that the damage is estimated at a large amount, then it is necessary to resort to registering the accident in the presence of traffic police officers.

Possible difficulties and problems

The main task that falls on the shoulders of the initiator of a road accident is timely notification of the insurance company about the incident. If you miss the deadline, recourse requirements will be applied to the driver.

Once the notice is accepted, both parties involved in the accident are prohibited from making repairs to their vehicles until the insurer carries out an inspection and gives permission to do so. If you resort to repairs earlier than 15 days from the date of the incident, the company has the right to refuse payments. If this happens, the injured party will have to go to court to get money for repairs from the culprit.

The danger of the European protocol - what if the culprit did not provide notice within 5 days?

5 working days for European protocol and regression

The obligation of the person responsible for the accident to provide a copy of the notification of the accident when registering it without the participation of traffic police officers is clearly stated in the legislation on compulsory motor liability insurance. But even many lawyers call this obligation a loophole for insurance companies, because most drivers do not know about such an obligation. The reason here is that many drivers believe that knowledge of traffic rules is sufficiently comprehensive to drive a car on the road, and the rest is the lot of lawyers. But regression practice shows that this is not so. And one of the most common ignorance of other legal acts is precisely the obligation to provide notification of an accident to the insurance company within 5 days.

Important change from May 1, 2019

The main risk of failure to fulfill this obligation under the European protocol before the specified date was that this gave the insurance company the right to issue recourse to the culprit.

But as of May 1, 2019, this consequence for the guilty driver was abolished. The corresponding Federal Law No. 88-FZ was issued, as a result of which the corresponding subparagraph “G” of paragraph 1 of Article 14 in the law On Compulsory Motor Liability Insurance became invalid. Therefore, if your particular insured event in the form of an accident occurred after May 1, 2019, and you missed 5 working days to notify the insurance company about this, then the recourse will be illegal.

What kind of law?

So, if the accident was registered according to the European protocol, then both the culprit and the victim are still required in 2019 to send each their notice to the insurance company within 5 working days. This is regulated by the Federal Law “On Compulsory Motor Liability Insurance”.

If the victim does not do this, this will not be a basis for refusing the culprit. But if the culprit does not provide such a notice, then he was previously subject to recourse - that is, the victim received a payment, but then the insurance company recovered the entire paid amount, up to 100 thousand, from the culprit.

2. In case of registration of documents about a road traffic accident without the participation of authorized police officers, the form for notification of a road traffic accident, filled out in duplicate by the drivers involved in the road traffic accident of vehicles, is sent by these drivers to the insurers who insure their civil liability , within five working days from the date of the traffic accident .

And here is an excerpt from the Federal Law “On Compulsory Motor Liability Insurance” on the right of recourse from the insurance company to the culprit of an accident:

1. The right of claim of the victim against the person who caused the harm is transferred to the insurer who has made the insurance compensation in the amount of the insurance compensation made to the victim, if:
.
g) the specified person, in the case of processing documents about a road traffic accident without the participation of authorized police officers, did not send to the insurer that insured his civil liability a copy of the notification form about a road traffic accident completed together with the victim within five working days from the date of the road traffic accident transport accident ;

(subclause no longer in force on May 1, 2019)

Why is the law on 5 days to provide a European protocol so categorical?

Although such an obligation of the culprit to provide a European protocol within 5 days looked like an obvious loophole for insurance companies to enrich themselves at the expense of recourse to the culprit, there is still some logic here. The fact is that when registering an accident using a European protocol, police officers are not involved, and the recording of the accident, its nature, circumstances and damage is carried out by the participants themselves.

Due to the absence of police officers during road accidents, the risk of fraud with false road accidents increases significantly. According to the Civil Code, the victim has the right to apply for payment within the general limitation period (yes, the law “On Compulsory Motor Liability Insurance” explicitly states a period of 15 days for notification of an accident, but this obligation of the victim does not affect anything), which is 3 years. And, if the victim applies after 3 years, then it will be almost impossible to establish by the nature of the damage their involvement in this particular accident. And if traffic police officers had been involved, they would have recorded the damage.

What to do if you did not have time to submit the European protocol within 5 days?

If you are the culprit and did not have time to submit a European report to the insurance company within 5 days, then there are chances to challenge the recourse, but they are very small if the accident occurred before May 1, 2019. The fact is that any law must be based on logic and a motivated part introduction of this or that rule. And, if you prove that the nature of the victim’s injuries is beyond doubt (of course, this can only happen if the victim himself contacted the insurance company within a reasonable time), then the court can take this into account and reconsider the decision on recourse.

But the chances of such an outcome if you have not provided the European protocol within 5 working days are extremely small, since, firstly, you will have to prove the opposite of what is clearly stated in the legislation, and, secondly, such a judge’s decision may entail the abolition of this very interpretation of the law, and not every judge will take on such responsibility.

And yet there are several court decisions in judicial practice when the recourse was won. One of them is based on the fact that the liability of both the culprit and the victim was insured by the same company (Ingosstrakh), and therefore the insurer’s claim was rejected on the basis that in this case the latter did not bear any risks and nothing It wouldn’t have changed if the culprit had presented the European protocol on time.

What else could there be a recourse from the insurance company under the European protocol?

Yes, the failure of the culprit to submit his copy of the European protocol was abolished. But there are a number of other conditions, if not met, the culprit may be billed in the amount paid to the victim:

if it is proven that the harm was caused intentionally in the presence of harm to the health or death of the victim (if you deliberately crashed into the victim);
if at the time of the accident the culprit was drunk;
if the culprit was not included in the MTPL policy or did not have the right to drive the car he was driving at the time of the accident;
the culprit repaired or disposed of the car within 15 days after the accident without providing it for inspection by the insurance company;
if the diagnostic card has expired - only for passenger taxis, buses, trucks with more than 8 seats or vehicles equipped for the transport of dangerous goods.

What other responsibilities does the culprit have under the European protocol?

The responsibilities of the culprit when registering an accident with a European protocol are not limited to only providing the European protocol to the insurance company within 5 days. There are three of them in total. Let's list them:

within 5 days after the accident, provide your copy of the European protocol to the insurance company;
within 5 days after receiving a request from the insurance company to provide the damaged car for inspection;
Do not start repairing your car within 15 days after the accident.

What should the culprit of an accident do after issuing the Europrotocol, deadlines for notifying the insurer, possible risks and negative consequences

When a traffic accident is insignificant in its scale and consequences, its participants prefer not to call the traffic police, but fill out a notice within the framework of the existing MTPL policy. However, not every car owner has an objective idea that the culprit of an accident bears a number of responsibilities under the European Protocol . Ignoring them is fraught with serious financial troubles.

Therefore, it is important not only to arrange everything correctly at the scene of the accident, but also to follow the requirements contained in the legislation on compulsory motor liability insurance. They, among other things, relate to the procedure for notifying the insurance company. There is a certain sequence of actions here.

This material will tell you about the rules of conduct for the culprit of an accident when drawing up a European protocol in case of an accident without the presence of traffic police representatives. Possible risks for the driver are described. As a final block, a number of useful recommendations are provided for all car enthusiasts, without exception.

Actions and responsibilities of the person responsible for the accident when drawing up the Europrotocol

Both parties to the accident submit a notification to the insurer. In order for everything to comply with the legal requirements in the field of compulsory motor liability insurance, the culprit of the accident under the European Protocol must take certain actions.

In the first minutes after the incident, you must follow the traffic rules.

They instruct the driver to remain seated and activate the hazard warning lights. In addition, a special sign should be placed on the roadway. It should be present in the car of every vehicle owner.

In the course of resolving the problem, the driver must confirm his guilt in writing. Then, together with the owner of the damaged car, the amount of damage caused is determined, photographs are taken from the scene of the event, and a graphic diagram of the incident is created.

It should show the location of the culprit's car on the roadway at the time of the collision. The names of the streets and the designation of the houses in the area in which the incident occurred must also be present.

The drawing will be an integral part of the notification of an accident, which is provided to the insurance company.

The further algorithm of actions is as follows. The culprit fills out his section of the front side of the notice. Then you fill out the back of the form yourself. Only ballpoint ink should be used.

After this, the guilty driver gives a copy of it, along with photographs and other materials, to his agent. Then he has such obligations.

The law stipulates that within 15 calendar days from the date of the accident (this date is not taken into account) the car cannot be repaired. The exception is when the insurer provides its approval in writing.

In addition, you need to be prepared to provide the car for the purpose of visual inspection of existing defects. A notice must first be received on paper.

Deadline for contacting the insurer

What to do after drawing up a European protocol in case of an accident? The culprit of the traffic accident must submit documents within five days (working days!). This period begins to count from the next day after the situation occurred.

For example, if an accident happened on Friday, the time to visit the company’s office begins on Monday.

It happens that for objective reasons it is not possible to visit the insurance company in a timely manner. Let's say the document was drawn up in another city. The legislation provides for this case as well.

Notification of an accident and other materials may be submitted by fax within a five-day period. The originals should then be sent to the office address by registered mail. It is advisable to do everything on the same day.

By the way, the logic of legislators in setting short deadlines for submitting materials to the insurance company is still present. In this way, a barrier has been created for obtaining insurance for so-called fictitious accidents. After all, the police are not present at the scene, and it is sometimes difficult to document the reality of the incident.

It is recommended that you retain evidence of fax transmission and correspondence. This makes it easier to defend what’s right in the event of a possible dispute with the insurance agency.

What is the danger of the Europrotocol for the culprit?

Even if an accident is recorded according to a simplified procedure, the person involved in the accident cannot fully guarantee the absence of financial problems in the future.

The amount of damage caused to the other party and the rules of conduct with the insurance company come to the fore. Below are the most common risks for the driver that accompany the registration of the European protocol.

In some cases, smart actions can reduce losses to a minimum. And the key to success can be a good relationship with the owner of the damaged car.

What to expect if you do not notify the insurer about an accident and do not send him a notice

If the culprit of the accident did not send the European report to the insurance company, there will be trouble. Compensation to the injured party is provided by the company that issued the policy to the driver who committed the accident.

And if the latter does not notify her of the event on time and does not submit a notification of the accident to the insurer, serious financial problems arise.

Thus, the organization receives a completely legal right to recourse to the culprit under the European Protocol . This means that the amount of compensation provided to the victim is recovered.

To do this, the insurer goes to court with a statement of claim. However, for this category there is a statute of limitations, which is the standard three years. This time is calculated from the moment the insurance was provided to the second party.

If the culprit did not provide the car for inspection at the written request of the insurer or began repairs earlier than 15 days from the date of the accident

According to the Federal Law on Compulsory Motor Liability Insurance, a person involved in a traffic accident must provide a damaged car for inspection for examination. This period is 5 working days from the date of receipt of the notification (the period is calculated from the next date).

The moratorium on repairs lasts fifteen days. However, the calendar period is already taken into account here.

If the above deadlines are not met, the company also has the right to make recourse claims. Therefore, you should prepare for litigation. To avoid them, you can obtain written permission to carry out repairs ahead of schedule.

The amount of damage exceeded the payment limit

Today, the maximum amount of compensation under the Europrotocol for the Russian Federation as a whole is 100 thousand rubles. Subject to certain conditions, residents of Moscow and St. Petersburg have the right to count on compensation of 400 thousand.

However, the insurance amount may not be enough to completely restore the car. Then the difference is recovered from the direct culprit of the accident by filing a claim.

It may also contain demands for compensation for moral damage to the victim. OSAGO has nothing to do with it. Therefore, the specific amount of the amount to be recovered will be determined by the court based on all the circumstances of the incident.

The defendant has the right to sign a settlement agreement with the plaintiff during court hearings. It will speed up the process of resolving existing disagreements.

Recommendations to the culprit if a Europrotocol was drawn up

Many drivers are attracted to this scheme for registering road accidents. After all, there is no need to give explanations to the representatives of the traffic police and the protocol on the administrative offense, or to appeal a possible fine in court.

At the same time, the driver who provoked a road accident also faces some risks in the European protocol scheme.

To minimize them, the following recommendations can be given::

You need to have several traffic accident notification forms with you. After all, the absence of the necessary forms at the most inopportune moment can only complicate the problem. By the way, you can download a sample notice on the website.
When purchasing an MTPL policy, you should inquire about the availability of branches in other cities. After all, people often get into accidents while traveling or on business trips. Then it is important to quickly establish communications with the insurance company. All contact numbers should always be at hand.
Errors and corrections in the accident notification must be avoided. Otherwise, additional problems with the insurer may arise.
Do not neglect photographs from the scene of the incident. They will help confirm additional circumstances of the insured event.
If the culprit personally gives the materials on the road accident to the agency, it is advisable to prepare a cover letter in two copies. On the second of them, the employee of the organization indicates the position, signs and the date of receipt of the documents. This way you can protect yourself from charges of delay.
In many cases, it is useful to obtain a receipt from the injured party stating that he has no property claims. Then it will be easier for the driver to defend his own position in a possible lawsuit for compensation for material damage.
Before submitting a notification about an accident to the insurer, it is better to keep a copy of it. All sorts of situations can arise and therefore a copy can act as evidence.

The rules under the European Protocol are constantly changing. The latest adjustments came into force this summer. Therefore, it is important for drivers to keep abreast of innovations.

After all, no car owner is immune from the fact that he will be the culprit of road troubles. And if so, then you need to be fully armed in legal terms.

Author: Oleg Vladimirovich Roslyakov, source avt-yurist.ru.

Be sure to share with your friends!