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.

Features of registration of an accident by an emergency commissioner without the traffic police

Today, registration of road accidents without traffic police officers is officially permitted. The legislative solution is relevant for minor accidents in which no more than two vehicles are involved, and their consequences are limited to the damaged car and do not apply to drivers, passengers and pedestrians. If there are no casualties or damage to state property, the participants in the accident have the right to independently resolve the conflict. The presence of disagreements, the lack of an understanding of the procedure for completing the necessary papers for such a situation, and the registration of CASCO for one of the drivers are grounds for calling an emergency inspector. What kind of specialist is this and what are the features of registering an accident with his participation?

In what cases is registration by an avarkom allowed?

Not every traffic accident can be processed without a traffic police officer. The presence of an emergency commissioner does not replace it, since the expert provides information and documentary assistance, which participants in an accident can do without if they have certain knowledge of the procedure. Registration of an incident according to a simplified scheme is possible in cases provided for by law. Its provisions regulate the parameters of a traffic accident in which the conflict can be resolved independently or with the involvement of an emergency commissioner.

No injuries or fatalities;
No more than two vehicles are involved in the accident;
Availability of a compulsory motor liability insurance policy for both participants in the accident;
Recording the fact of damage to the integrity of only participating cars.

Registration of an accident without traffic police officers is possible with the simultaneous fulfillment of all the requirements of the regulatory legal act and the agreement of the parties not to resort to the services of authorized bodies. Drivers must objectively assess the circumstances of the accident and the damage caused. It is possible to resort to registration of an incident according to a simplified scheme only if there is no disagreement in identifying the culprit of the incident.

To register a traffic accident according to the European protocol, a notice is required, which is an appendix to the MTPL insurance policy. The document must display competent information. To do this, you must use the data from your driver's license, passport, vehicle registration certificate, and registration certificate. The absence of these papers is a reason to refuse to register an accident without the presence of an inspector.

Features of the procedure

The emergency commissioner arrives at the scene of the traffic accident as soon as possible after placing the call. After inspecting the scene of the accident, he assesses the circumstances and has the right to decide on the need to call the traffic police, police, ambulance and tow truck. Since participants in an accident may not be competent in how to complete the procedure and do not understand who should carry it out, the emergency commissioner can delegate his powers to the traffic police inspector if the parameters of the road accident do not meet the conditions under which their services can be dispensed with.

A distinctive feature of the registration of an accident by an accident commissioner is the drawing up of an accident certificate. The document about the work done contains a diagram of the accident, photographs and comments on them, as well as information about the participants in the incident. The specialist analyzes the event and makes a conclusion regarding the classification of the accident as an insured event. It is within his competence to conduct a preliminary damage assessment and draw up a European protocol.

Experts may represent the interests of the insurance company or be an independent legal entity. An expanded package of services is provided by private commissioners. The insurer's accident inspectors have a limited action plan, the main goal of which is to fix damage and reduce the amount of compensation payment under the compulsory motor liability insurance policy.

What is the help of a specialist?

An accident commissioner is a specialist whose qualifications allow him to provide comprehensive assistance to participants in a road accident in the field of documenting the event. He cannot be involved as a witness, and the powers and rights of the expert are limited to direct functional responsibilities, expressed in providing assistance in registering a traffic accident. The expert’s assistance consists of carrying out activities at the scene of an accident:

Inspection of the scene of the incident;
Assessing the circumstances and making a decision to call other specialists, if necessary;
Interviewing witnesses and documenting their testimony;
Taking photos and videos of accidents and damaged vehicles;
Preparation of papers, including an emergency certificate.

The expert performs actions relevant to drivers involved in an accident. Their list and procedure is regulated by the regulatory source. The assistance of emergency commissioners is provided in accordance with the traffic rules, according to which third parties are not prohibited from participating in the proceedings in case of an accident, in resolving the conflict and in drawing up documentation.

Advantages and disadvantages

The innovation in the field of registration of a traffic accident has many disagreements, since, on the one hand, the procedure is radically simplified, and on the other, it is associated with financial risks. The advantage of the simplified scheme is to reduce the time of the operation, since the time of arrival of traffic police officers is not regulated. Drivers can wait for them for more than one hour, whereas according to the European protocol, you can start drawing up papers immediately after reaching an agreement or after the arrival of the emergency commissioner, who arrives half an hour after receiving the call. With his participation in the design, the following advantages can be noted:

Providing psychological support to the driver;
Carrying out all operations required by regulations;
Communication with the second participant in the incident, with witnesses and with representatives of the traffic police on behalf of the person who called the expert;
Anti-fraud if the accident is fake;
Representation of interests in court, if necessary.

When registering an accident under the European protocol, you can note such disadvantages as restrictions on payments by the insurance company or refusal to make payments. An incompetently drawn up notice and failure to comply with the procedure for recording damage, the date, and location of the incident may cause the insurer to refuse to consider an application for compensation for damage incurred.

Cost of services

For 2018, the cost of emergency commissioner services is determined by the type of package purchased. A one-time trip will cost drivers a minimum amount of 2,000 rubles. The annual package costs 8,000 rubles. It includes a full range of services, including evacuation of vehicles, provision of technical assistance and obtaining traffic police certificates. The costs of paying for the call of the emergency commissioner are borne by the driver who decided to use his help. Since the expert provides services to both parties to the accident, by agreement the payment can be divided in half.

Conclusion

Calling an emergency commissioner is mandatory in case of an accident only if one of the participants in the incident has CASCO insurance, the terms of the contract of which reflect such requirements. In all other situations, drivers have the right to file an accident themselves if its parameters allow such a decision to be made. Confusion, psychological trauma or incompetence in the rules of documentation is a reason to consider the option of registering a traffic accident by an accident commissioner. You should not refuse the help of traffic police officers if the preliminary assessment of the damage caused exceeds the maximum level of payments typical for road accidents issued under the European protocol.

The procedure for registering an accident by an emergency commissioner

Compliance with all traffic rules and extensive driving experience cannot always guarantee the absence of emergency situations on the road. In the event of even a minor accident, it is sometimes very difficult for the driver to adequately react to what happened. In this case, the emergency commissioner will help you fill out the documents correctly and make an objective decision. How to call, what the responsibilities and assistance of this specialist are, will be discussed in the information article presented below.

Who is an emergency commissioner?

Article 294 of the Tax Code of the Russian Federation (clause 9) provides a definition according to which an emergency commissioner is a qualified specialist who has the right to assess insurance risks, determine the damage caused to the insured property, calculate the amount of insurance value and payments, and also accompany the procedure for receiving insurance compensation.

Work in the profession of emergency commissioner is possible after successful completion of special training (legal and insurance literacy, provision of psychological and first medical aid, knowledge of current traffic rules) and with the appropriate certificate.

The commissioners involved in the registration of an accident may be representatives of an insurance company or a private organization.

When should you call an emergency responder in case of an accident?

In most cases, it is not necessary to resort to the services of an emergency commissioner in case of an accident. It is worth noting that he has nothing to do with police officers, as he is a representative of a private or insurance company.

An emergency call can be made at the request of the driver in the event of any traffic accident, most often to obtain advice and draw up a European protocol without traffic police officers. It is mandatory to call an emergency commissioner only if there is a corresponding condition in the insurance contract.

Thus, in the event of a traffic accident, it is recommended to seek the help of an emergency commissioner when required:

quickly understand the situation of an accident;
analyze in detail all the circumstances of the road accident;
record the damage received in detail and in full (photos, videos);
consultation and assistance in drawing up the European protocol;
assist law enforcement officers in filling out documentation;
interview witnesses, record their testimony and take contact information;
analysis of a traffic accident and identification of contributing factors;
providing urgent psychological support to the driver;
assistance in connection with further claims for insurance payments.

For your information

If there is a need for mandatory recording of an accident by traffic police officers, the commissioner present will represent the interests of the driver and protect his actions from possible mistakes and problems in the future.

How to call an emergency commissioner?

The driver can submit a request to call the emergency response center by contacting the following institutions:

Due to the insignificant increase in the cost of CASCO services, the agreement increasingly includes a free call to the scene of an accident (regardless of the guilty party) of an accident commissioner, who is an employee of the insurance organization. But it is worth noting that this specialist will act exclusively in the interests of his employer, his responsibilities will be limited and his work will be limited to assessing existing damage, determining the nature and characteristics of the insured event.

In accordance with the 40th Federal Law “On Compulsory Motor Liability Insurance”, the service of a free visit of a commissioner at the Compulsory Motor Liability Insurance Agency cannot be provided. But, if there is such an employee on the insurance company’s staff, the dispatcher will issue a call and assistance will be provided for an additional fee.

To the regional emergency commissioner service.
To an independent emergency commissioner, a full-time employee of an individual entrepreneur or LLC. You can use a one-time specialist service or purchase a subscription service.

Responsibilities of the emergency commissioner

The work of an emergency commissioner when registering an accident includes a wide range of responsibilities.

These include:

inspection of the scene of the incident and an objective preliminary assessment of the damage caused;
calling an ambulance and a tow truck if necessary;
provision of first medical and psychological aid;
assistance to traffic police officers and accident participants in completing the necessary documentation;
control over the correctness and accuracy of entering information into the European protocol, consultation and assistance in its preparation;
consultation on subsequent contact with insurance companies;
other actions as necessary.

It should be remembered that in the event of a traffic accident, the driver is obliged to follow the sequence of actions specified in the legislation. It is the timely involvement of an emergency commissioner and his professional monitoring of the situation in case of an accident that will make it possible to avoid further fines being issued to the driver due to failure to comply with certain requirements due to ignorance or not entirely adequate behavior after the incident.

Scheme of work of the emergency commissioner when registering an accident

Step-by-step instructions for the work of an emergency commissioner in the event of an accident are presented in the following sequential actions:

Calling the emergency response team to the scene of a traffic accident.
Arrival. Usually, from the moment of the call it takes no more than 30 minutes.
Registration and assistance in filling out all necessary documentation, including:
- drawing up a European protocol;
- drawing up a schematic image of the event site;
- necessary photo and video recording;
-obtaining photos of documents of participants in a traffic accident;
- filling out the European protocol.

IMPORTANT

If a European protocol has been drawn up, then, according to paragraph 2 of Article 11 of the Law “On Compulsory Motor Liability Insurance”, it is required to notify the insurance company about the accident within the next 5 working days, starting from the next date. Moreover, every driver involved in the incident must do this. When registering an incident by traffic police officers, the period is extended to three years, in accordance with Article 196 of the Civil Code of the Russian Federation.

Cost of services

The cost of an emergency commissioner’s work depends on a number of factors and is not fixed at the federal level. Therefore, prices vary depending on each specific company the driver contacts.

Recently, the purchase of an annual subscription for the provision of this type of service by motorists has begun to be in great demand. This allows you not only to save significantly, but also to be confident in the provision of professional assistance in case of emergency. For objective reasons, tariffs will be highest in cities with a population of over a million.

The cost of a CASCO policy often already includes the services of an accident commissioner. Both the guilty and the injured party can take advantage of the privilege, but the level of service provision and the assessment of what happened will not always be objective. It is worth noting that holders of a standard MTPL policy can be provided with the services of an accident commissioner when registering an accident only for an additional fee.

A typical call to the scene of an accident following an event in different regions and companies is estimated at an amount starting from one thousand rubles (the visit itself and assistance in registering the incident). Photos, videos, interviewing witnesses, calling a tow truck - paid separately, on average, from two thousand rubles.

In this regard, the issue of the need to attract an additional specialist should be approached taking into account the specifics of registration of each specific accident, its complexity, and the significant amount of damage received or caused.

But, in any case, the report and the presence of an independent expert will make it possible to prevent possible risks in the future as much as possible.

Thus, the approximate cost of the services of an emergency commissioner when registering an accident will be as follows:

1,500 rubles - for departure and registration of the European protocol;
3,000 rubles – departure, drawing up a European protocol, filling out documents for the insurer;
5,000 rubles - the above and further support (for example, evacuation of a car, actions on behalf of the victim in court).

Who should pay for the emergency commissioner?

The work of the emergency commissioner is fully compensated by the customer of the services. It can be either one driver or both, by agreement between them.

The cost of a CASCO insurance policy often includes the services of a specialist. You should carefully study all the clauses of the contract and additionally clarify with the insurance agent all the detailed actions in the event of an accident.

Thus, payers of services are:

one or both participants in an accident (by agreement) - when calling an independent specialist;
insurance company - if the commissioner is its full-time employee and the provision of services is free of charge, in accordance with the concluded auto insurance agreement;
driver - if the agreement with the insurance company does not include a free opportunity to call an emergency response center, but due to the clauses of the contract, such a need is provided for.

Advantages and disadvantages

The main positive and negative aspects of hiring an emergency commissioner to register an accident are presented in the table below.

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.