Registration of an accident without the traffic police procedure

What to do in case of an accident: procedure

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

Every day about 450 road accidents occur in Russia

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

First steps in case of an accident

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

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

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

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

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

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

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

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

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

What to do if you are at fault?

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

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

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

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

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

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

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

Registration of an accident without victims

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

According to the European protocol

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

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

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

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

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

With the participation of the traffic police

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

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

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

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

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

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

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

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

Registration of road accidents with victims

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

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

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

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

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

Typical mistakes when involved in an accident

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

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

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

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

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

How to properly file an accident without calling the traffic police?

Road accidents do not always require the intervention of traffic police officers . If certain conditions are met, you can solve the problem yourself.

All controversial issues can be resolved in a few hours. But there will be a risk of not receiving the required monetary compensation from insurance if there are errors in the protocol.

Let's get acquainted with the procedure for registering an accident without the traffic police.

Changes in legislation

Let's look at how to file an accident without calling the traffic police in accordance with the new procedure that came into force on July 1, 2017.

If there are no injuries, drivers should:

stop, do not change the position of the vehicle or elements of the accident;
turn on the hazard warning lights;
place an emergency sign on the road at a distance of 15 m.

Traffic police inspectors will not go to the scene of an accident without victims. If no one was injured as a result of the accident, you don’t have to go to the traffic police.

You can independently resolve issues regarding filling out the notice. Calling a traffic police inspector is necessary if controversial issues arise between participants in an accident.

The participation of eyewitnesses is also not necessary . Photos or videos from the accident scene will be sufficient.

Drivers can provide themselves with an independent notification form, in which they need to draw a diagram and independently contact the insurance company for monetary compensation for damage.

Cases in which you can do without the traffic police

If the participants have no complaints against each other, if no one was hurt, calling the traffic police is not necessary.

Then drivers need to act as follows:

capture everything on video or photo;
move away from the scene of the accident;
independently issue a notification about the incident;
if you don’t have the form with you, you can come to the nearest traffic police department and fill out all the documents, and the employees will help with this;
you can do without paperwork if the damage is minor and the parties have agreed to cover the costs of repairs.

A vehicle is removed from the road if it interferes with the passage of other road users, if there is no disagreement and the incident can be resolved peacefully.

Let's take a closer look at the procedure for registering an accident without the participation of traffic police officers.

What is the Europrotocol?

This is a procedure for processing documents about an accident without traffic police officers . This is an accident notification form. Based on this, you can receive compensation under your insurance policy.

Registration under the European protocol is an opportunity to document what happened on your own and quickly leave, without creating traffic jams and minimizing the risk of new collisions. This opportunity is available in all regions of the Russian Federation.

Conditions that allow you to register an accident under the European protocol:

Only two vehicles were involved in the accident, and both participants have a valid MTPL policy.
Only cars and their trailers were damaged. There were no injuries, no deaths, no damage to other property.
The participants have no disagreements regarding damage to the car. If the parties blame each other for what happened, you will have to call the traffic police.
The amount of damage does not exceed 50,000 rubles. If the car owner assures that such an amount will not cover the costs of car repairs, the traffic police should be called.

If the circumstances of the accident do not satisfy these conditions, the accident will have to be registered in the general manner.

If the vehicle involved in the accident is registered in the territory of another state, its owner does not have compulsory motor liability insurance or CASCO insurance, but has an international Green Card insurance policy, you can also record an accident without traffic police officers or first call the RSA Green Card Information Center at + 7 (495) 641 27 87 and consult.

Let's find out how to properly file an accident without the traffic police in order to get insurance.

Video: How to register an accident according to the European protocol?

Europrotocol form

The form must be completed correctly . It is issued by the insurance company to the car owner when he takes out a MTPL or CASCO policy.

If it is not there, you can contact the nearest company office or look on the company’s official website. You can also use the services of the reference and legal systems “Garant” and “Consultant”.

How to correctly fill out a notification of an accident under MTPL without calling the traffic police? The European protocol in case of an accident must be drawn up in a form called “Notification of a Road Accident”.

The document consists of a main sheet and an insert onto which the information entered on the first sheet is copied. After registration of the front side, the main form is separated from the additional one. Each of these sheets has equal legal force.

Compliance with the rules for drawing up a European protocol in the event of an accident minimizes the risk of disagreements with the insurer when considering documents for monetary compensation:

fill out the form with a simple ballpoint pen, legibly, in block letters;
Marks and corrections are not allowed;
All columns and fields are filled in.

On the front side indicate:

information about the location, date of the accident (if it is a highway, its name and kilometer are recorded), time (must be accurate to the minute);
number of damaged cars (2), absence of injuries (there should be no other, otherwise the traffic police should be called);
information on witnesses to the accident (if any);
accurate information about damaged cars, car owners, and persons who were driving the vehicle at the time of the accident;
information about the participant’s insurer, the number of the current insurance policy, its validity period;
list of damaged parts and components of the machine;
road accident diagram (point 17).

There are no uniform rules by which the scheme is drawn up. But the drawing must be clear so that the insurer does not have additional questions.

On paper you need to mark the position of the road section where the accident occurred, indicate the names of neighboring streets, house numbers located nearby, or shopping centers and other landmarks, traffic lights, road signs, markings, etc.

The position of the vehicle at the time of the accident is schematically shown on the image of the area (cars are usually depicted as rectangles), designated by codes “A”, “B”. The direction of movement is indicated by arrows.

The location of the impact is X. Under the graphic image, a decoding of the symbols is given.

In paragraph 14 of the form, indicate the nature and list of visible damage caused. Information should be described briefly and accurately. It is necessary to ensure that the other participant does not add damage to this item that is not related to this accident.

The terms used are: scratch, dent (deformation), rupture (crack). Hidden damage is revealed during examination.

In paragraph 16, drivers note the circumstances of the accident. Correctly reflect the car’s maneuvers, taking into account the following:

A parking lot is not a stop. If the car stopped at a traffic light, it is noted that the vehicle “stopped at a prohibitory traffic light” and not “in the parking lot.”
When one car is overtaking another, if the car was changing lanes, it is noted that the driver “changed lane” and “overtook.”

In paragraph 15 “Remarks” you can enter additional information about the accident that was not indicated in the paragraph with the circumstances of the accident.

After drawing up the front side, signatures of both parties are placed, the pages are separated to independently draw up the back side.

On the reverse side, each driver can describe his vision of the accident and indicate who was driving the car at the time of the accident.

In “Notes” you can indicate information about the availability of additional information about the accident that was obtained after photo and video shooting.

If the form is damaged, torn, or the information on it is difficult to read, the document is issued at another bank. All adjustments and additions made to the form after signing and separation are endorsed by the signatures of both participants.

If there are contradictions in the data presented by the participants in the accident, it means that the nature, list of damages and circumstances of the accident caused disagreements.

This means you need to call the traffic police. If it is impossible to determine the circumstances of the accident and the culprit based on the above, the insurer may refuse monetary compensation.

What to do after filing a notice?

If the notice is issued, there are no disagreements, you can leave the scene of the accident and contact the insurer. A copy of the accident notice with the front and back sides filled out is attached to the application.

A notice is sent to the insurer within five working days from the date of the accident. The car cannot be repaired within 15 days.

If the car needs to be repaired earlier than this period, the vehicle is presented to the insurer for inspection and written consent for repairs is obtained.

If a traffic police officer stops a car

A traffic police officer, seeing damage to a car, can stop the car to check whether an accident has been registered.

When submitting a notice to the insurance company, you need to take a copy of the document certified by an employee of the insurance company to present it to the traffic police officer.

Road accident with victims

In the event of an accident, the driver must:

stops and does not move the vehicle;
turns on the emergency alarm;
displays an emergency stop sign;
does not change the position of objects that are related to the accident;
determines the presence of victims.

If there are injuries or deaths, the driver:

provides first aid;
calls an ambulance;
calls the traffic police;
records the name, address, and contact information of eyewitnesses;
if the case is urgent, sends the victims in a passing car to a medical organization;
If the victims can only be transported to the hospital in the car of the participant in the accident, you need to send them to a medical facility, show the medical workers your documents, and return to the scene of the accident in your own car.

If the traffic flow is stopped due to an accident, the participant:

records the location of the accident, the position of the car, traces, damage using photos or videos;
records eyewitness information, if available;
removes the car from the roadway;
waiting for traffic police officers.

Police officers who arrived at the scene recorded:

information about the participants in the accident;
explanations of participants and witnesses;
additional information that is important to clarify the circumstances of the accident;
issue certificates of road accidents to participants;
initiate proceedings for an offense, if any.

Documents for applying to the insurance company

Within five working days you need to contact the insurer with the following documents:

passport (if the driver is a foreign citizen, then you must present a notarized translation of the passport (or a translation certified by the embassy));
power of attorney for a car, if the driver is not the owner of the car;
documents on the ownership of the property (registration certificate, vehicle passport), agreement if the car is leased/rented;
certificate of an accident (form No. 154), annex to the certificate, if there are victims (the document must contain: corner stamp, full name of the traffic police officer who compiled the certificate, information about the place, date, circumstances of the accident, policy number, name of the insurance company, information about the cars -participants, information about the vehicle drivers and the culprit, contacts of participants, list of damages);
protocol on administrative violation;
notification of an accident.

Certificates are not needed if the accident was registered according to the European protocol.

Important information:

Do not sign blank document forms!
information about witnesses must be present in the protocol;
if the driver does not agree with the determination of the fact of traffic violation or the amount of the fine, the inspector draws up a protocol;
If the driver does not agree with the information presented, he should mark his point of view in a special column, cross out the word “violator,” sign “driver,” and add that he does not consider himself to be the culprit of the accident.

Now it is not necessary to call traffic police officers to the scene of an accident. If there are no injuries, the participants have no claims against each other, you can file an accident yourself.

If the accident meets certain conditions, then it can be registered using a European protocol . Thanks to the detailed instructions for filling out the notice in this article, there should be no difficulties in filling out the form.

Video: How to file an accident without the traffic police?

The procedure for registering an accident without the traffic police - conditions and necessary actions

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The procedure for the actions of participants in road accidents is regulated by a number of legislative and regulatory acts, which are regularly amended. You need to know about them and take them into account in order to avoid additional problems and save time and nerves. After all, an accident often confuses its participants due to the fact that they do not know what to do in a given situation. One of these situations is an accident, which can be registered without the participation of traffic police officers and receive insurance compensation. This review describes in what cases this is possible and what should be done.

Conditions for registering an accident without traffic police

Drivers' obligations to call traffic police officers when involved in an accident are stipulated in paragraphs 2.6 and 2.6.1 of the Traffic Rules . Despite the dry bureaucratic style in which regulations are drawn up, we advise you to carefully read these provisions. After all, deviation from the rules, including through ignorance, can become a source of additional trouble.

Here are excerpts from the traffic rules regarding the duties of drivers to call traffic police officers in the event of an accident :

2.6.
If people are killed or injured as a result of a traffic accident, the driver involved in it is obliged to: take measures to provide first aid to the victims, call emergency medical care and the police...

2.6.1. If, as a result of an accident, damage is caused only to property, the driver involved in it is obliged to clear the roadway if an obstacle is created to the movement of other vehicles, having previously recorded by any possible means the position of the vehicles in relation to each other and road infrastructure, traces and objects related to road accidents and vehicle damage.

Drivers involved in such an accident are not required to report the incident to the police and can leave the scene of the accident if, in accordance with the law (Article 11.1 of the law on compulsory motor liability insurance), paperwork about the accident can be completed without the participation of police officers .

If, in accordance with the law (clause 5 of article 11 of the law on compulsory motor liability insurance), documents about an accident cannot be completed without the participation of authorized police officers, the driver involved in it is obliged to write down the names and addresses of eyewitnesses and report the incident to the police for receiving instructions from a police officer about the location of the registration of a traffic accident.

Let us turn to Article 11.1 of the law on compulsory motor liability insurance, which allows for the possibility of registering accidents without the traffic police if the following conditions are met :

The accident occurred as a result of a collision between two vehicles, the civil liability of whose owners was insured under MTPL;
as a result of the accident, damage was caused only to these two vehicles, there were no injuries in the accident and no damage was caused to other property;
the circumstances of harm caused in connection with damage to the vehicle, the nature and list of visible damage do not cause disagreement between the participants in the accident;
the amount of insurance compensation due to the victim for compensation for damage caused to his vehicle does not exceed 100 thousand rubles.

If at least one of these conditions is not met, the police must be called. In other cases, drivers decide whether to contact the traffic police or not (it is their right, not their obligation, to act independently).

Many participants in an accident who have to pay compensation for damage from an insurance company prefer to play it safe and register the incident with the involvement of traffic police officers. A copy of the protocol on the administrative offense is considered evidence of the good faith of the injured party. The document confirms the fact of the accident and indicates the culprit.

The Central Bank has extended the Europrotocol to CASCO. The corresponding Directive was published on October 1, 2014 in the Bulletin of the Bank of Russia. The document came into force 10 days after its publication.

If a car registered in another state is involved in an accident, a Europrotocol can be issued if the driver of the foreign vehicle has insured liability under a Green Card policy. You can read more about registering an accident under the European Protocol in our article.

Procedure for filing an accident without calling the traffic police in 2019

Depending on whether the participants in the accident came to an agreed decision not to involve traffic police officers in registering the accident or not, they have the following options for action:

register an accident at the nearest traffic police post, having previously recorded the position of the cars on a camera or video camera;
file a traffic accident yourself by filling out a Road Accident Notification;
do not complete documents if participants do not need them.

Let's consider the procedure for each option. The first steps are the same for all participants:

Stop (or leave) the car;
Turn on the hazard warning lights;
Install a warning triangle;
Check the well-being of all people involved in the accident.

Having made sure that there are no reasons to call the traffic police, the participants agree on further actions. Sometimes the intensity of passions interferes with the interaction of the parties. If the emotional state of one of the participants interferes with solving the problem, the police should be called.

How to register an accident at the nearest traffic police post

The option of involving traffic police officers is relevant if any of the conditions for registering the Europrotocol are not met. For example, one of the drivers does not have compulsory motor liability insurance or the damage exceeds the insurance indemnity limit.

In this case, participants:

photograph or record on video the position of cars and other objects related to the accident;
clear the roadway if cars impede the movement of other vehicles;
jointly fill out the Road Accident Notice, if possible;
go to the nearest stationary traffic police post and register the incident together with the employees.

By calling the duty station they will tell you the location of the road service point. If there is no Notice form, the document can be drawn up at any time before submitting the papers to the insurance company. At the scene of an accident, it is useful to write down the names and contact information of witnesses to the accident. The notification period for the insurer is no later than 15 working days from the date of the accident.

How to register an accident yourself and draw up a Europrotocol

The procedure for registering an accident on the spot yourself without the participation of traffic police officers is similar to the previous option, with the exception of visiting a traffic police post. Before completing the paperwork, you should make sure that your case complies with the terms of the Europrotocol .

The greatest difficulty for participants is filling out the Road Accident Notification. Emergency commissioner services operate in all major cities of Russia. Their task is to help drivers fill out paperwork for road accidents.

If there are serious difficulties, citizens can contact one of these services. But this will require additional costs. Calling the commissioner is justified if drivers do not have Notices or are unable to fill them out correctly on their own. You can draw up the document later, but in this case there is a risk of subsequent refusal by one of the parties to sign the document.

Notification of an accident is the Russian analogue of the Europrotocol . The document must be filled out in Russian. The insurance company issues a Notice when taking out an insurance policy.

To save your time searching for the necessary forms, it is recommended to first download the Europrotocol form to register an accident without calling the traffic police. The most convenient way to do this is on our website.

Download the Europrotocol form

It should be taken into account that when registering an accident, each driver sets out the circumstances of the incident on his own copy of the Notice on the reverse side. The insurance company determines the culprit. The presence of disagreements between the parties on the issue of who is to blame is not an obstacle to registration of an accident in a simplified manner. It is important that its participants do not disagree with each other regarding the circumstances that led to harm to the vehicle. This general opinion is confirmed by their signatures in paragraph 18 of the Notice on both copies.

The front side of the protocol is filled out jointly by both parties . Drivers check the data entered by each party against the documents. The validity of the MTPL policy can be checked on the RSA website. The parties sign both copies of the Notice.

The European protocol allows you to apply for payment under compulsory motor liability insurance to the insurer of both the culprit of the accident and the victim. In the second option, the perpetrator's company reimburses the payments made by the victim's company.

After receiving documents for payment of compensation, the insurance company, within 5 working days, is obliged to inspect the damaged vehicle and assess the damage caused to it. The time and place of inspection is agreed upon with the driver.

If the policyholder does not agree with the established amount of compensation or an assessment has not been carried out, an independent examination must be carried out at the direction of the insurer. The examination may not be carried out if agreement is reached on the amount of payments. The victim must not repair the car until 15 calendar days have passed from the date of filing the application for payment of compensation.

A victim can receive insurance compensation:

in the form of payment for vehicle repairs;
transferring funds to his bank account.

Owners of passenger cars registered in the Russian Federation receive insurance compensation only in the form of vehicle restoration repairs.

What to do if the participants in the incident do not need documents

If there are no claims against each other, drivers can leave without filling out papers. This is possible for on-site compensation, minor damage and other similar situations. To avoid fraudulent activities, experts advise the parties to exchange receipts. The document indicates the absence of claims from one participant in the accident to the other.

Registration of an accident without calling the traffic police: new rules in 2019 and legal advice

The constantly growing number of vehicles on the roads of large Russian cities and the reform of the Ministry of Internal Affairs (reduction of staff) led in 2015 to changes in the rules for registering road accidents. In conditions of heavy traffic (especially during rush hours), any small collision of cars caused traffic paralysis. After all, according to the old rules, drivers did not have the right to leave the scene of an accident before the arrival of the traffic police, because for this there was a risk of deprivation of rights.

So the participants in the accident, the registration of which must be carried out by the traffic police crew who arrived on call, stood for long hours, creating significant problems for city traffic. Even though the damage is insignificant and everyone has compulsory motor liability insurance, they can’t leave. From July 1, 2015 (subsequently only minor changes were made) this procedure changed. Now the traffic rules indicate cases when participants in an accident can leave without waiting for the traffic police inspector, or even not contact law enforcement officers at all.

When can you not contact the traffic police?

There are many opportunities for actions to independently register an accident (without involving the traffic police). The main thing is that the accident does not affect people, but only affects the condition of the cars.

To understand the issue in more detail, first let’s look at what the procedure is in case of an accident according to the rules in force today (2019). It (the order) is established by clauses 2.5, 2.6 and 2.6.1 of the Traffic Regulations. These rules state that when a person is driving, if they get into an accident, the first thing they need to do is:

stop and turn off the car;
inform others about the danger by pressing the emergency button;
mark the location of the accident using a special sign.

Next, the driver must:

check the condition of people involved in an accident, if there are victims, call doctors and law enforcement officers (the single emergency phone number is 112);
If you need emergency help, organize it. Hitch the wounded to a nearby medical facility or take them yourself;
After delivering the wounded, return to the scene of the accident.

If everything went well with health, and only the hardware was damaged, then clause 2.6 comes into effect. It gives those involved in the accident four possible actions. At the same time, they must clear the roadway (if the injured vehicles interfere with traffic), having previously carried out photo and video recording of the accident site. By recording the position of the vehicle on the road, the brake mark and other facts that allow us to establish the circumstances of the accident.

For failure to comply with the rules to clear the passage, drivers may face a fine of 1,000 rubles.

Four options for action in case of an accident without casualties

Option 1. The drivers who drove the colliding vehicles do not have a common opinion on the reasons for what happened (as to culpability in what happened), on the extent of the damage caused, etc. In this case, it is necessary to collect data (full name, plus contacts) of witnesses and call the duty station (contact a traffic police representative). The official, based on the information received, will make a decision on sending the crew to the scene of the accident (if the information from the words is not clear and requires additional study). Or he will indicate the address of the department (or post) to which the participants in the incident need to go to register. As a rule, it is suggested to go to the department. In this case, before the trip, participants need to draw a diagram of the accident, take videos and photos of cars, tracks and other facts related to the incident.

The investigation group in the traffic police department examines the circumstances of the case, determines who is to blame, draws up a report and issues a decision. According to the regulations adopted in 2017, a certificate of an accident is no longer issued (only a protocol and a resolution). It is these documents that the injured party provides to the insurer to justify its right to compensation.

Option 2. Among the participants in the incident there are no discrepancies in the assessment of who is to blame for what happened and the nature of the damage. But, at the same time, more than two vehicles collided; not all participants have current compulsory motor liability insurance; in addition, there are a number of other obstacles to the application of the Europrotocol. In this situation, you will also have to contact the traffic police. As in the previous option, call the duty station and get an address where you can go for registration. Having previously prepared a schematic image of the accident, taking photos and videos.

Option 3 . "Amicable". When the damage is small (and is compensated on the spot), and third parties have not suffered in any way, the rules allow not to report anywhere and not to register anything. That is, to the question of whether it is necessary to call the traffic police in a minor accident, the legislator gives a direct negative answer.

Option 4. Euro protocol. The most promoted option by modern authorities and human rights activists for resolving the situation with road accidents. According to representatives of law enforcement agencies, the fact that an accident, as a rule, is a violation of traffic rules, does not allow completely abandoning the services of the traffic police in the registration of accidents in which only material damage is present. Some of the violations entail punishment under the Code of Administrative Offenses of the Russian Federation, and this is the area of responsibility of law enforcement agencies.

How can you file a traffic accident yourself?

To register an accident without involving law enforcement agencies (according to the “Euro Protocol”), it is necessary to comply with a number of mandatory conditions (all are directly listed in clause 2.6.1 of the Traffic Regulations). This:

no harm to health;
only two participants (a vehicle with a trailer is considered one vehicle) in the accident;
current compulsory motor liability insurance for both parties to the collision;
there are no discrepancies regarding the causes and consequences of road accidents;
the maximum damage does not exceed 50 thousand.

For residents of Moscow and St. Petersburg and the regions (legislators made an exception for them), the maximum damage is equal to the limit of possible compensation under OSAGO (40-FZ clause 5, art. 11.1). This is 400,000 rubles (as of 2019). True, such an amount can only be received if the insurance company receives from the car owner materials about the circumstances of the accident, obtained by means of video and photo recording, as well as devices using GLONASS, GPS and other global geopositioning systems.

Rules for drawing up the Europrotocol

Legislative acts on compulsory motor liability insurance regulate the procedure for issuing notification of an accident. It should contain:

the location of the accident (if geopositioning tools are available, it is best to indicate the coordinates);
date and time;
number of cars damaged (one or two);
note that there is no harm to people or other vehicles;
FULL NAME. and contact details of eyewitnesses;
information about the vehicles involved in the collision (make, model, license plate, etc.);
FULL NAME. and the address of the owner, and also, if another person was driving (at the time of the accident), the details of this person. Plus contact phone number and driver's license information;
a description of the circumstances under which the collision occurred. How, in what order they moved along the road, etc. Plus a diagram of the incident;
information about which part of the car was hit. In addition, describe visible damage;
in addition - a list of photo and video recording materials that can be presented for confirmation (in case of doubts about the reliability of the information specified in the protocol).

When filling out the protocol, pay attention to details

“Notification of an accident” is an official document, the execution of which has certain requirements.

When filling out the notice, write in block letters so that anyone can read your notes. Use only a ballpoint pen, then a clear imprint will be formed on the second sheet of the self-copying form. Each driver must fill out both pages of the form, without gaps. All corrections must be certified (signed).

On the first sheet of the notice, which is common to the participants in the incident, there must be two signatures of each participant (if there are no corrections). With the first signature, each driver certifies the correctness of the data entered by him, the second - the absence of discrepancies in the interpretation of the circumstances of the accident.

Maximum payout under the Europrotocol

In case of simplified registration of an accident, the following maximum payments are established by law:

For all regions (except Moscow and St. Petersburg and regions) – 100,000 rubles. From 06/01/2018 (in accordance with 448-FZ dated 12/29/2017)

For residents of Moscow and St. Petersburg and the regions, the maximum payment amount can reach the maximum compensation limit under compulsory motor liability insurance. Today it is 400,000 rubles. But, only with the mandatory provision of video and photo evidence obtained together with geopositioning data. This was done to combat fraud. Thanks to satellite systems, an incident that occurred in the Vladimir region cannot be represented as an event that took place in the Moscow region.

Accruals are made according to the policy of the participant in the accident found at fault. This will affect him by increasing the cost of insurance in the future.

Where can I get the Europrotocol form?

This form is issued by the insurance company when selling insurance, complete with the policy and instructions. If you purchase an electronic policy, the car owner can stop by the office of any insurance company and receive it for free.

The protocol form is a single “pie” of 3 sheets of self-copying A4 paper.

In its absence, you need to:

stop by the office of any insurer;
print out the established form from the RSA (Russian Union of Insurers) website. By the way, here you can also check the authenticity of the policies.

In the case of a printout, you will have to fill out twice as much, so it is better to have the original form. The main thing is that at least one of the drivers who decides to file an accident without the traffic police has it.

What to do if people were injured in an accident?

If there are victims in an accident, it is impossible to register an accident without the traffic police. If this happens, the Rules clearly prescribe:

Report to the duty station information about the accident and the number of victims. A traffic police crew and an ambulance will be sent to the scene of the accident.
In an acute situation, organize the provision of first aid and send the wounded to the nearest hospital. With the help of people passing by, or yourself.
Having delivered the victim to a medical facility, return back to register the accident (together with the police).

If there is no need for urgent transportation of victims, emergency vehicles do not completely block traffic. Then, those involved in the accident must collect information from eyewitnesses and take measures to preserve traces of the incident until the arrival of the traffic police squad.

In situations where, as a result of a collision, traffic is completely blocked, it is necessary to make photo-video recording and drive the vehicle to the side of the road. Then start sketching a diagram of the accident.

Simplified registration in such a situation is impossible. In this case, it is important to carefully ensure that information is not fabricated that could incorrectly identify the party at fault in the incident.

Application deadlines

To receive insurance compensation, the owner of the vehicle (or his authorized representative) in 2019 must contact the office of his company (to provide documents) within 5 days. The same applies to the second participant (those responsible for the accident). He must take his copy of the notice to his company (in order to notify it of what happened). When submitting a notice at the company's office, you must receive a copy with the incoming number in return. This will confirm that the document was submitted on time.

Since the insurer has the right to conduct its own assessment (examination) of damage, the law prohibits both drivers from repairing their cars for 15 days.

Documents for receiving payment

As part of the European protocol, in order to receive an insurance payment, the car owner must provide the following set of documents to the insurer:

application addressed to the director of the company (to receive compensation);
duly completed “Notice of Road Accident”;
information carrier with evidence (photo/video).

The media must be original: a memory card from a recorder, camera, mobile phone (if photos are stored in its internal memory), etc.

Plus, you will need to provide (for identification, confirmation of ownership, etc.):

passport of the citizen and his authorized representative (if any) receiving compensation with copies of the first page and the page with registration attached;
power of attorney, if the recipient is an authorized representative;
OSAGO policy;
registration certificate, or, in its absence (for example, if the car is deregistered) - PTS. Attached are copies made of both sides of the document;
a certificate from the bank with the details of the current account to which compensation should be transferred.

If, nevertheless, traffic police officers took part in the registration of the accident, it will be necessary to add the documents issued by them:

protocol on inspection of the scene of the accident with a diagram of the accident;
resolution to initiate an administrative case.

In the case where there are victims, a certificate from a medical institution is attached. If there is a discrepancy in the assessment of the amount of damage - the conclusion of an independent technical examination.

How to properly file an accident without calling the traffic police

Since 2015, some amendments have been made to the traffic rules, on the basis of which the registration of road accidents without the traffic police has also changed. Often, road accidents make many motorists wonder whether it is possible to fill out a notice in the absence of State Traffic Inspectorate employees in order to receive the compensation due under the MTPL policy.

According to the new legislation, it is no longer necessary to call the traffic police to the scene of an accident in all cases. If there are no injuries and the participants in the accident agree with mutual claims, the fact of the accident can be recorded without inspectors. Subject to specific conditions, registration of the incident is permitted under the European Protocol.

When there is no need to call the traffic police

The procedure for motorists to act in the event of a traffic accident is regulated by traffic rules clauses 2.5-2.6.1. Based on this regulatory act, it is possible to register an accident in the absence of a traffic police service if the following conditions are met:

there were no injuries in the accident;
the participants in the accident reached mutual agreement regarding the incident and the injuries sustained.

In other situations, you will need to contact the police. The Law “On Motor Vehicles” provides for a simplified version of registering an accident under the Euro Protocol, if the requirements established by the regulatory legal act are simultaneously met:

Only two vehicles were injured in the accident.
Motorists have a valid MTPL policy.
Damage was caused only to the vehicles involved in the accident.
An agreement was reached between the parties regarding the circumstances of the situation and the damage to the car. This fact is recorded in the notice.
The amount of damage is no more than 50,000 rubles, with the exception of incidents in St. Petersburg, Moscow, Moscow Region and Leningrad Region recorded on video recorders. Here the maximum possible compensation is paid - up to 400 thousand rubles.

Registration of an accident according to the European protocol

If the parties to the accident have no claims against each other, they may not fill out any paperwork at all. This is acceptable for minor damage and compensation for damage on the spot. But in order to avoid disagreements, motorists should draw up receipts indicating the absence of claims against the person responsible for the accident.

Procedure for registering an accident according to the European Protocol:

set up an emergency sign and turn on the “signal”;
without moving the car, agree with the other participant regarding the guilty party, determine the amount of damage and decide to file an accident according to the European Protocol or call the traffic police;
take video and photos of the accident scene, car, damage, signs;
if vehicles are obstructing movement, drive them aside (after recording all the circumstances);
fill out a notification of an accident - motorists first fill out their form, then column 3 or 1 other copy, put signatures, time and date.

If the protocol is completed and agreement is reached between the parties, you can leave the scene of the accident and visit the insurance company. Attach a duplicate of the completed notice to the application.

The protocol must be submitted to the Investigative Committee within 5 days from the moment of the accident (excluding weekends and holidays). Car repairs cannot be made within 15 days, otherwise compensation will be denied.

Design and form of the Europrotocol

The notification form is approved by the regulatory legal acts of the Central Bank of the Russian Federation No. 431-P. The form must be completed strictly in accordance with the established rules. In fact, this is an A4 sheet, on both sides of which all fields must be filled out.

It is not so difficult to draw up the Europrotocol, but the following conditions must be met:

clause 2 on the second sheet (note), the culprit of the accident must indicate that he provoked the accident;
according to the road accident diagram, list of damages and notes, there should be no contradictions;
the participants in the accident must reach mutual agreement regarding the circumstances of the accident.

The notice is filled out by hand with a ballpoint pen. In the column in the middle, the marked points must be similar in 2 copies of the protocol. Others - do not contradict each other and do not cause disagreement.

All car enthusiasts fill out the corresponding lines (1st or 3rd) on their copy. Both notification forms must be completely filled out.

How to register an accident at the State Traffic Inspectorate post

If one of the conditions under the European Protocol cannot be met, the assistance of traffic police officers may be required. When one driver does not have a compulsory motor liability insurance policy or people were injured in an accident, you will have to contact the traffic police. In this situation, the participants in the accident:

record or photograph the location of the car and other objects that are related to the traffic accident;
remove cars from the roadway if they interfere with the movement of other vehicles;
draw up an accident report form, if possible;
go to the stationary traffic police post, where further registration of the notification form is carried out jointly with the inspectors.

By calling the 24-hour service you can find out all the necessary information about the location of the police station. In the absence of the Europrotocol, the notice can be filled out at any time before the documents are provided to the Investigative Committee. At the scene of the accident, contacts and names of witnesses to the accident should be recorded. The accident must be reported to the insurance company no later than 15 days after the incident.

What documents will be required by the insurance company?

To obtain insurance, a motorist must contact the company within 5 days after the accident. To apply for compensation you will need the following documents:

Identity card (if the driver is a foreigner, a translation certified by a notary or representative office will be required).
Power of attorney for a vehicle if the driver is not the owner of the vehicle.
Title documentation: title, certificate, rental or leasing agreement.
Certificate of accident (F-154), annex, if there are victims (the document must have a stamp, initials of the inspector who issued the paper, date and place of the accident, circumstances, MTPL number, name of the insurance company, information about the car, transport drivers, the culprit, contact information information, list of damages).
Protocol on the offense.
Accident notification.

Certificates will not be required if the traffic accident was registered without the traffic police according to the European Protocol.

When drawing up the protocol, one should not forget that:

information about witnesses must be indicated in the notice;
if the motorist does not agree with the determination of the circumstances of the accident or the amount of the fine, the traffic police officer issues a corresponding certificate;
If a participant in an accident believes that the information presented is incorrect, he must indicate this in a separate column of the form, cross out “offender,” indicate “driver,” and add that he does not consider himself guilty.

The presence of State Traffic Inspectorate inspectors at the scene of an accident is no longer necessary. If there are no victims, the participants have reached mutual agreement regarding the circumstances of the accident, the nature of the injuries received, it is possible to register a traffic accident without traffic police officers. If the accident meets specific requirements, it can be registered under the Europrotocol.

If the participants in the accident doubt that they will be able to fill out the notice on their own, you can invite an emergency commissioner who will take photos and videos of the scene of the incident and draw a diagram. With completed documents, motorists will be able to contact the insurance company to receive compensation.