Receipt for compensation for damage in case of an accident sample

Sample receipt for an accident if the culprit undertakes to pay

Is there a sample receipt for an accident if the culprit undertakes to pay everything without calling the traffic police and filing insurance? The damage is minor; neither he nor I have any desire to waste time on paperwork. I selected a simple receipt, but suddenly I made a mistake and there is a special sample.

Answer: The law does not establish any special sample receipts for voluntary compensation of harm. Current traffic regulations and legislation on motor vehicle liability insurance allow the registration of an accident without the participation of the police in cases where only vehicles are damaged (for damage up to 25 thousand rubles) and there is no disagreement about guilt.

However, even in this case, as a rule, documents are drawn up for the insurance company.

In what cases can the parties agree on the spot without filling out papers regarding an accident and insurance?

When minor damage has been caused to vehicles and the parties do not want to waste time and nerves waiting for police officers or issuing a Euro protocol without traffic police for further contact with the insurance company.
When the person at fault for an accident, for some reason, does not want to call the police and file an accident for insurance payment. There can be many reasons for this - a simple lack of insurance, residual alcohol intoxication, reluctance to spoil the insurance history, etc. In any case, for the injured party, this option may be the most profitable - the culprit may well pay much more generously than the insurance company.

Both cases can be both beneficial for you, as the injured party, and can result in a number of problems. But a receipt will help with almost all problems. When resolving the issue “on the spot,” you may need 2 options for receipts.

Sample receipt for an accident when paying for damage on the spot

I, Petr Semenovich Ivanov, (indicate passport with series and number, date and place of issue, registration address and actual place of residence) as a result of an accident (where, when, with the participation of which vehicles, indicating registration numbers) paid Ivan Petrov Petrovich (the same data is indicated as for the culprit) compensation for damage caused by the accident to his vehicle in the amount of such and such (in numbers and words). I admit guilt in this incident and agree with the agreed amount of damage in such and such an amount.

Note: It is advisable to describe at least briefly the damage caused.

Then, the participant in the accident who received compensation for harm writes that he has no claims of a material nature and the damage has been compensated in full.

A sample receipt for an accident, according to which the culprit agrees to pay for car repairs in the future

There are no significant differences from the above text, only the culprit will have to write the following after indicating the passport details of the participants in the accident: “... I undertake to compensate for the material damage caused as a result of the accident in the amount agreed upon by us in so many rubles up to such a date in cash (non-cash) payment ..." Alternative wording “... after assessing the damage caused and determining the cost of repairing the vehicle...”.

In each of the options, the date and place of drawing up the document must be indicated.

It is important to understand that the receipt is an additional safety net for damages, but does not guarantee that you will actually be paid everything within the specified period. Resolving the issue “on the spot” will be an ideal option when the culprit has cash with him and the damage is very clear and obvious - for example, a cracked bumper or a broken headlight.

In cases where hidden damage is possible, it is better to resort to drawing up insurance documents or calling traffic police officers. Otherwise, you may become hostage to a difficult situation when you agreed on one repair amount, but other damage was discovered during the work.

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How to correctly write a receipt for damages or no claims in case of an accident?

The most popular receipt simply in the form of “I have no claims” can lead to deprivation of rights.
The most important thing in this handwritten document is to indicate the absence of material damage or the possibility of registration under the European protocol, so as not to be left without a driver’s license.
Meanwhile, a receipt can be written both in the case of no claims from the participants in the accident, and when receiving money on the spot, as well as a promissory note about future payment or repairs. But in the latter case, be prepared for the fact that the guarantee of compensation by the culprit simply will not be fulfilled, and you will have to go to court.
But the most correct way in 2019 is to record a video receipt!
You cannot simply take the passport from the culprit instead of writing a paper. Not only does this not oblige the former to anything, but it is illegal.

A receipt in case of an accident is a good way to avoid troubles in the future - not only for the culprit, but also for the victim. And there can be 2 risks: losing your rights for illegally leaving the scene of an accident and double payment for the culprit/inability to obtain compensation for damages for the victim. Meanwhile, in 2019, new amendments to the traffic rules are in effect, according to which the receipt must contain a number of mandatory things. In the article we will show you how to write it correctly if you have no claims as a victim or to receive money as compensation, and we will also provide a sample.

Is it possible to file an accident this way?

The most important fact that you need to know is that you can write a receipt and not call the traffic police only if your incident can be formally documented using a European protocol. No, it is not necessary to fill out a notice, but the conditions must be met.

And there are 3 such conditions:

both participants have MTPL policies (then why do you need a receipt at all in case of an accident?),
there are exactly two participants,
only cars were damaged (there were no injuries, deaths or damaged property not related to vehicles),
the incident occurred with the contact of these vehicles,
the amount of damage does not exceed 100 thousand rubles,
The drivers have no disagreements regarding the circumstances of the accident (including guilt).

So, if all these conditions are not met, you cannot leave the scene of an accident by simply writing this document by hand.

What's the matter? And the reason for this state of affairs is in changes to the Traffic Rules, according to which, now you cannot simply drive away, either with or without a receipt, without registering an accident.

Let's consider this issue in more detail! Firstly, the recently amended paragraph 2.6.1 of the Traffic Regulations in its 2nd paragraph prescribes that participants in an accident are not required to report the incident if, in accordance with the law on compulsory motor liability insurance, a European protocol can be drawn up.

And Article 11.1 of the said Federal Law just lists the above-mentioned conditions under which you don’t have to call the police.

Thus, in a number of cases, an absurd situation arises - it seems like a receipt for an accident is needed in cases where the culprit does not have compulsory motor liability insurance. On the other hand, if you do not have a valid policy, you cannot take out a policy without the traffic police.

But there is a way out - you need to write on the receipt not just the phrase “I have no complaints,” but indicate the fact that the accident itself did not occur. If we are talking specifically about the absence of complaints. We'll talk about this below.

Correct receipt if there are no complaints - what to write?

If, as a result of an accident, the participants have no claims against each other, then in this case only civil liability can be avoided - compensation for harm from damage. But administrative liability can be avoided only if the conditions listed above regarding the possibility of drawing up a European protocol are met, although there is no obligation to fill it out.

Therefore, the correct sample receipt for an accident must necessarily contain the fact that there was no accident by definition. This definition is given clearly and clearly in the traffic rules, and in order to fall under this case, several conditions must be met:

at least one car had to move,
the accident injured people, killed them or caused material damage (cars and/or other property).

If at least one of the conditions is not met, then this is no longer an accident. Therefore, it is important to write in the receipt not only the absence of claims, but also the absence of material damage. It is the last entry that will help to avoid administrative liability, which may include, in case of leaving the scene of an accident, up to deprivation of rights for a long period (Part 2 of Article 12.27 of the Administrative Code).

So, here is the most correct sample of a no-claims receipt after an accident:

This sample confirms not only the fact that there are no claims, but also the absence of the accident itself.

Receipt for compensation for damage on the spot and receipt of money - how to write?

This receipt is also possible only if the conditions for the possibility of registering an accident under the European protocol are satisfied. Otherwise, as in a situation where there are no claims, civil liability will be fulfilled in full, but administrative liability will not be avoided. But even in this case, you can separately indicate directly in the receipt that such conditions have been met.

The correct receipt of money received upon the fact of an accident for the damage caused from the culprit is written by the victim. But the culprit also signs in this case admitting responsibility for the accident. This way both participants can be protected:

and the victim who received money as compensation for damage and who has no claims against the culprit on the receipt,
and the culprit who recognizes himself as such.

This is what a well-written confirmation looks like in this situation:

How to correctly write a promissory note after an accident or repair?

But a fairly common situation is when the culprit does not have compulsory motor insurance, and he does not have the opportunity to immediately compensate for the damage caused with money. This is the most unfavorable case for the victim, and in this case we strongly recommend that you register the accident not with a receipt, but with the traffic police officers. The fact is that not all courts equally pay due attention to such papers. Although it has full legal force identical to the contract, some judges neglect them.

Meanwhile, if for one reason or another there is a need to register an accident with a handwritten document on damage compensation without the traffic police - for example, if you, as a victim, also do not have an insurance policy or you need to leave urgently, then draw up a receipt for the accident for payment or repairs by the culprit in the future it is possible and necessary.

And in this situation, in essence, it will be a promissory note with the clarification that it was issued during an incident.

Sample for payment

Such a receipt is also signed by both parties to the accident.

Repair sample

Here everything is almost identical, except that the culprit undertakes not to pay for the damage against a receipt in cash, but to pay for car repairs at a pre-selected car service center.

The best way is video recording

At a time when almost every driver has a smartphone with a video recording function, the best option would be to take a video instead of issuing a receipt in case of an accident - it’s much faster, and the evidence will be more reliable for the court.

At the same time, a video receipt can be recorded in all cases:

as in the absence of claims in an accident,
and in receiving funds,
or remove the culprit’s debt obligation to compensate for damage.

Just say the text according to which we have given above in the written receipts. It is advisable that both participants in the incident be present in the video, holding a passport in their hands, which is visible in the frame (spread with a photo).

The culprit wrote a promise, but does not pay - what to do?

Obviously, sue. The receipt should be stored very carefully to avoid damage and loss. Pre-trial settlement, unlike going to court under compulsory motor liability insurance, is not necessary, but is desirable.

Even if you have paper, you will need to do an independent examination to confirm the exact amount of damage. This is especially true if the promise does not specify a specific amount.

If they wrote “I have no complaints,” but did they appear?

Everything is very difficult here. In 2019, there is judicial practice both to recover damages in this way in favor of the victim, and to refuse to satisfy the claim and win the culprit.

The main factors here are several subtleties:

even if there were no claims on both sides of the accident, such could appear later - that is why at the very beginning of the article we recommended writing correctly in the receipt not the absence of claims, but the absence of damage as such;
if you indicated the absence of damage, and there seems to be nothing to compensate, then the court may take the side of the victim if he manages to convince the judge that initially no damage was noticed, but later they were seen; this is especially true if the accident occurred in the dark and there was internal damage; but even in this case, the victim needs to prove the involvement of these injuries specifically in this accident, and in the absence of proper registration by the traffic police officers, this is not always possible;
when a formal event of a road traffic accident occurs, a composition appears to attract both of its participants to the deprivation of rights under Part 2 of Article 12.27 of the Code of Administrative Offences, so “suddenly” appearing damage or claims on a receipt may result in not entirely good consequences for both parties.

Is it possible to take a receipt from a pedestrian?

Yes, it is quite. But in this case, it is important to understand that you, as a driver, may be deprived of your license for not calling the traffic police to the scene of the accident, because this situation does not fit the conditions for the possibility of issuing a European protocol and, accordingly, a receipt for both the absence of claims and compensation for damage by repair or money.

If the accident is mutual?

Everything here is also quite simple. In case of a mutual accident, the degree of guilt is determined only by the court. But when issued by traffic police officers, as well as the European protocol, mutual guilt is initially equal to 50% for each participant.

Similarly, in the receipt, you can simply describe, using any of the examples above, a situation where each party undertakes to either reimburse 50% (specifying the specific amount of compensation) to the other party indicating the deadlines, or indicate the absence of claims and at the same time write separately that in accordance with clause 2.6.1 of the traffic rules, this incident can be registered without the participation of police officers.

What if the culprit simply gave up his passport?

This is the most irrational solution for recording an incident.

Firstly, the seizure of a passport is prohibited for all Russian citizens (passport regulations),
secondly, the fact that you have a document from the culprit does not oblige him to anything - restoring it often costs much less than paying for the damage, and you cannot do anything.

In this situation, you should stock up on evidence about the accident itself and the elements of the violation from the second participant, and at the same time not lose your rights for leaving the scene of the accident.

How to write a receipt for an accident “I have no claims” in 2019

The rules for registering road accidents allow you to resolve the issue without involving traffic police officers in cases where minor damage to cars was caused and there were no injuries. Then the parties resolve the situation through negotiations, without making mutual claims and bypassing registration with the insurance company. In this case, the absence of disagreements is confirmed by the “I have no claims” receipt, which must be drawn up correctly (a sample of which is below).

A receipt for no claims can be issued:

when both parties do not claim compensation for property damage to each other;
when one of the parties is ready to pay on the spot and not make a fuss, for example, the person at fault does not have insurance and it is more profitable for him to pay for minor damage.

Who needs this receipt?

If the accident did not cause injury to drivers or passengers and both cars were not seriously damaged, then you do not need to call the traffic police (Article 2.6.1 of PP No. 1090). But both parties must play it safe and each make a written receipt stating that there are no mutual claims. This way you can protect yourself from a situation when one of the parties decides not to fulfill their promises and contacts the traffic police with a complaint against the culprit who allegedly left the scene of the accident. The receipt will prove the absence of mutual claims, both in the traffic police and in court. Therefore, you need to compose it correctly.

Similarly, such a document is used in case of an accident involving a pedestrian. If he has no claims in this situation, then let him write a receipt.

Legal force

A review of the practice of court decisions proves the legal force of a receipt for no claims in case of an accident. However, legislative acts do not contain a regulatory framework for the preparation of this document. A citizen has the right to write it in any form and any option will become a means of evidence in court.

a sample and form with you so that you can fill it out correctly at the right time.

Lawyers recommend in the receipt:

State the information in your own hand and only with a ballpoint pen (not gel). Using handwriting, you can conduct a handwriting examination and prove that a specific document was written by you;
describe the accident as accurately and succinctly as possible;
write down the amount in numbers and words;
indicate the full details of the participants.

When writing a receipt, a citizen must be of a strong mind and clear memory, as well as in a sober state.

Not everyone knows that when writing a receipt with an elderly person over the age of 65, a psychiatrist’s signature is also required to prove his sanity. Otherwise, he will be able to refuse his obligations. It is advisable to take this point into account in the text of the document.

The receipt must be drawn up in two copies and certified by the signatures of the parties. Additional protection will be provided by the signatures of witnesses to the incident, affixed to the receipt, or video recording of the moment of signing by the parties.

Notarization of the receipt is not required, but can be done if desired. Most often, participants resort to drawing up a document when there is minor damage to the car, so the cost of a notary signature is considered unnecessary.

How to correctly write a receipt “I have no claims”

This document can be divided into two types, differing in meaning and composition:

Complete absence of claims on both sides (no money) . The parties reached an agreement that no one would claim compensation for damage. As a result, neither party will be able to claim payment from the insurance company and it will be impossible to hold the guilty party accountable.
One of the parties is ready to compensate for the damage . With a visual inspection and mutual agreement, drivers can determine the amount of damage caused. If it is small, then it is often easier for the culprit to pay compensation immediately or after a few days. This is especially true for those who did not have a compulsory motor liability insurance policy at the time of the accident or who for other reasons do not want to wait for the traffic police inspector. The receipt will guarantee that the amount has been paid and the victim has no claims, or that he will pay the amount on time and in full. If compensation is planned to be made later due to a lack of funds at the moment, then the receipt indicates a specific period and remains with the victim.

Less often, the parties agree not on compensation, but on the actual repair of the car after an accident. In this case, a receipt is also drawn up. If by mutual agreement the cost of repairs cannot be determined, then the document should indicate that payment will be made based on the results of the vehicle examination . Auto experts will analyze the nature of the damage and indicate the exact costs of restoration.

However, such a power of attorney is more difficult and risky to draw up. The following should be provided here:

duration of the examination;
the party that will pay for the work of experts;
payment deadline after receiving the result.

Lawyers believe that for such a case, another form of formalizing agreements is better suited - an agreement.

For any agreement, the document must contain the following information:

name (receipt);
complete information about the participants in the accident, indicating full name and passport data in strict accordance with the document;
the most complete picture of what happened: date, exact time and location of the accident.
the fact that there are no complaints;
signatures of the parties;
if there are witnesses, their details are indicated.

Receipt for an accident “I have no claims”, sample without money, no injuries:

Download the form and sample receipt

Receipt confirming the absence of “Claims in case of an accident” and compensation for damage on the spot without injuries:

Download the form and sample receipt

Sample receipt for compensation of damages on a certain date:

Download the form and sample receipt

Receipt with the participation of a pedestrian

The situation when a pedestrian is involved in an accident must be taken seriously. At the time of the collision, a person may be in a state that prevents him from fully assessing what happened. The driver, trying to evade responsibility, may offer help or monetary compensation.

If there are injuries as a result of an accident, the driver is obliged to try to provide first aid and call emergency services: police and ambulance.

By agreeing with this and signing a no-claims receipt, the pedestrian must understand that in the event of a deterioration in health as a result of the accident, he will not be able to present anything to the culprit. The driver obviously protected himself by obtaining a receipt. Even if traffic rules are violated, it will be impossible to hold the driver accountable for this episode.

Issuing a no-claims receipt is a risk for both parties to an accident because:

The compensation amount is the result of an agreement and may not cover all vehicle repair costs. You can't count on more.
Who is right and who is wrong is determined independently and it is not a fact that what is right.

The downside of a receipt is the fact that it can be declared invalid. Therefore, from the legal side, it is better to formalize compensation for compensation by an agreement drawn up in accordance with the provisions of Chapter. 28 Civil Code.

Receipt of no claims in case of an accident and no compensation for damage:

Download the form and sample receipt

Receipt for no claims in case of an accident and for compensation for material and moral damage on the spot with the pedestrian:

Download the form and sample receipt

How long should I keep a receipt for an accident?

The storage period for the receipt is 3 years, which is considered the statute of limitations. But in some cases it may be increased. Therefore, it is better to leave a reserve and store it longer.

Is it possible to challenge a receipt for an accident?

Any receipt may be declared invalid if the following grounds exist:

the person who wrote the document was under the influence of alcohol or drugs at the time of writing, and was also declared incompetent (for example, in the case of an elderly person over 65 years old);
the person who executed it will be able to prove that he wrote it under pressure, a threat to life (health) or fraudulently.

Depending on the circumstances, other grounds for declaring a receipt void may be considered. For example, the victim refers to the fact that for some reason he cannot write the document himself. The culprit agrees and acts incorrectly. Even the signature of the victim on the receipt does not give reason to challenge its legal validity.

Video: Pedestrian compensated for moral damages in an accident despite a receipt

Below in the video is an example of a case where a driver hit a pedestrian and caused serious harm to him. The driver wrote a receipt to pay compensation to the victim for material damage and paid it. After treatment, the pedestrian filed a lawsuit for compensation for moral damages.

Receipt for compensation for damage in case of an accident - sample 2018

A receipt for participants in an accident is a document that displays the facts of the event and its consequences, which created obligations for one of the car owners. The paper records the negotiations of the participants in the road accident, as well as their actions to resolve the conflict, which automatically remove financial obligations from the culprit of the accident. The injured person declares that there is no claim against the culprit of the accident. The compilers of the paper can be drivers of vehicles involved in road accidents and injured pedestrians. In what situations is it important to issue a receipt, and what is the legal force of the document?

What is the document?

A receipt is a document confirming the circumstances of the incident, the admission of guilt by the culprit of the accident and the achievement of an agreement on the payment of money. It is also drawn up if the guilty person independently wishes to fulfill the obligations formed by civil liability before the document is drawn up. The receipt records the fact of transfer of funds to the damage compensation fund, and also confirms the absence of claims by the injured person against the perpetrator.

The paper is drawn up by the participants in the road accident in writing in any form. Its content is not regulated by legal norms, but is determined in accordance with the general rules relevant for the preparation of such documents. The paper must be drawn up by hand, which will allow, if necessary, to confirm its originator during a handwriting examination.

There are several types of receipts issued by participants in road accidents. Their choice depends on the circumstances of the incident and the degree of agreement between the parties. The document reflects a receipt from the injured person stating that there are no claims against the person responsible for the accident. It is important to indicate the reason for the loyal attitude. Basically, it is associated with an agreement on compensation before the paper is drawn up or within certain periods after its signing.

When is it issued?

A receipt for compensation for damage in an accident is issued in the event of the at-fault driver being unprotected due to the lack of insurance for his motor third-party liability. In such a situation, the person at fault will have to pay the costs of the injured car owner in full. A correctly executed receipt guarantees the protection of the rights of an innocent person.

Papers are drawn up in the event of a peaceful resolution of the conflict on the spot without the participation of traffic police officers. This situation is relevant for minor structural damage to the vehicle. If there are no claims from both parties to the accident, it is also necessary to draw up appropriate papers that will allow you to avoid unpleasant claims-related events in the future.

Legislative regulation and legal relevance

The legality of the receipt issued by the person responsible for the road accident is practically not mentioned in the legislation. There is no unified form of the document defining the procedure for its preparation. The list of issues that should be reflected in it is not regulated. For this reason, when compiling a paper, you should include in its content as much information as possible regarding:

Participants in the accident;
Characteristics of vehicles;
Circumstances of the incident;
Information necessary to determine the guilty person;
Data by which the magnitude of damage can be assessed.

The receipt acquires the status of a legal document when it indicates the exact passport data of the participants in the accident and a description of the scene of the incident with links to the protocols drawn up by the traffic police. If the rules for drawing up legally significant documents are not followed, it may be considered void. The papers are drawn up in two copies, for each car owner involved in the accident. Their signatures indicate that general agreement has been reached. It is important to indicate the date of the accident and the date of drawing up the receipt. A correctly executed receipt is a guarantee of protection of the rights of the injured car owner.

Features of compilation

The receipt must include information identifying the participants in the accident, as well as identifying their passport details, registration addresses and actual place of residence. Without this information, the paper will not have legal force. If there are witnesses to the incident, it is recommended to involve them in presence during negotiations, during the implementation of the agreement and when drawing up the document. Information about their participation must be reflected in the receipt. The document must also indicate:

Date, time and place of the incident;
Make and license plates of participating cars;
Cause of the incident;
Consequences of the accident;
A solution to resolve the conflict reached during negotiations between the participants;
A type of compensation that can be defined as payment of funds in a specified amount, payment for repair work upon completion, or payment for the restoration of health.

To avoid misunderstandings, the receipt should reflect the procedure for providing compensation, which can be determined in cash or by bank transfer before drawing up the receipt or in a certain period after its execution. It is important to indicate in the document the date and place of its preparation. To give the paper legal force, it must reflect the signatures of the parties to the agreement and the witnesses present. To correctly draw up the document, it is recommended to use a receipt template or rely on a sample for filling it out.

Conclusion

A receipt for an accident is a document indicating the fact of negotiations between the participants in the incident and the achievement by them of certain agreements that allow them to settle financial claims. A properly executed document guarantees the protection of the rights of the injured person. It can be used in court in case of failure to fulfill obligations by the person responsible for the accident. Since the receipt records the fact of payment of damages at the scene of the accident, it also indicates that the injured driver has no claims against the culprit due to his repayment of the accumulated debt in full.

Sample receipt for compensation for damages in case of an accident

Receipt for compensation for damage in case of an accident

By virtue of the provisions of Art. 15, 1064 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), the harm caused to the victim must be compensated by the culprit in full. In the event of a traffic accident (hereinafter referred to as an accident), compensation is most often paid by the insurance company. You can learn more about this from the article Procedure for compensation for damage in case of an accident under compulsory motor liability insurance.

However, there are situations when it is the culprit who is obliged to pay for the damage caused:

in paragraph 2 of Art. 6 of the Law “On Compulsory Civil Liability Insurance of Vehicle Owners” dated April 25, 2002 No. 40-FZ (hereinafter referred to as Law No. 40) lists circumstances the consequences of which are not covered by the MTPL policy (for example, compensation for moral damage);
in paragraph 1 of Art. 14 of Law No. 40 indicates cases when, when the insurer pays compensation, the right of recourse against the person who caused the harm is transferred to it (for example, the culprit at the time of the accident was intoxicated or did not have the right to drive a vehicle);
if the insurance company has provided compensation in the maximum possible amount (the limits are set in Article 7 of Law No. 40), but it is not enough to cover the damage in full (the amount above the limit is paid by the culprit).

In order to avoid lengthy proceedings involving insurance companies, meeting deadlines, paperwork, etc., participants in an accident have the right to agree to resolve the consequences of the accident peacefully. A corresponding receipt will help to confirm the decision made on the amount of compensation and the procedure for its payment.

How to prepare a receipt for damages in case of an accident: sample

A receipt for compensation for damage is a document, the requirements for the content and execution of which are not provided for by the norms of the legislation of the Russian Federation. It is drawn up in free form in writing.

It is recommended to reflect the following:

last names, first names, patronymics and passport details of the participants, as well as their places of residence and registration;
circumstances of the incident (date, time, place, make and license plates of cars, causes of the incident, consequences, etc.);
the decision reached by the participants in the accident to resolve the consequences of the accident;
type of compensation (payment of funds, payment for repair work upon completion, or other);
procedure for providing compensation (payment of cash at the moment, non-cash payment via a bank card or other);
the period for making compensation;
date, place and time of drawing up the receipt;
signature of the author of the receipt and its transcript;
last names, first names, patronymics, passport details, addresses and telephone numbers of witnesses (it is advisable to involve them in the process of drawing up the document and implementing agreements).

The receipt should be drawn up in full or at least the signature should be transcribed by hand. In the future, when conducting a handwriting examination, this will make it possible to more likely confirm that the signature belongs to the participant in the accident.

Why you shouldn't write a receipt

The receipt discussed in the article is a document that can be used in court as evidence of the circumstances of the incident, admission of guilt, or reaching an agreement on the payment of money (for example, the appeal ruling of the Moscow Regional Court dated September 5, 2016 in case No. 33-24179/2016).

However, its registration is associated with the following risks:

important circumstances will not be recorded, as a result of which they will have to be proven additionally, and evidence may not be found, because the parties to the accident neglected to prepare additional documents, relying on a receipt (for example, in the appeal ruling of the Nizhny Novgorod Regional Court dated August 26, 2014 in case No. 33-7182 indicates that the parties did not agree on the amount of compensation);
the terms of compensation will be reflected illiterately, which will lead to ambiguous interpretation of agreements and disputes;
the amount of compensation will not correspond to the actual amount of damage (to a lesser or greater extent);
the person at fault or the cause of the incident will be identified incorrectly.

The following will help you avoid these risks:

drawing up a receipt not immediately after an accident (at the moment of an emotional, shock state), but after some time (a few days later);
using the help of a lawyer when drawing up a receipt or studying in detail legal information on this topic (the downside is that you will have to pay for the services of a lawyer; information on the Internet may be incorrect or misinterpreted);
conducting an examination to assess the amount of damage caused (the negative point is that you will also have to pay the costs of the services of an expert organization).

Agreement on compensation for damage in case of an accident

Drawing up a receipt is the easiest and fastest way to consolidate the agreements reached by the participants in the accident on the procedure, amount and timing of compensation, however, as noted above, it is quite risky. Moreover, the renunciation of their rights by the victim is illegal by virtue of paragraph 2 of Art. 9 of the Civil Code of the Russian Federation.

In this regard, the indication in the receipt of information indicating the absence of claims against the culprit or the acceptance by the victim of an obligation not to apply to the judicial authorities for compensation for damage is not an obstacle to filing a claim in court.

An alternative option for drawing up the terms of compensation for losses after an accident would be an agreement on compensation for damages, which:

secures the obligations of both parties (and not just one, like a receipt);
allows you to record the agreements of the parties on a wider range of issues related to the road accident, for example, on the place of consideration of disputes related to non-fulfillment or improper execution of this agreement (the receipt is usually drawn up briefly);
is drawn up, as a rule, in 2 copies and is kept by each of the parties (while a receipt is usually drawn up in 1 copy).

It is permissible to draw up such an agreement at the scene of the accident. At the same time, if they wish to resolve the conflict related to the incident peacefully, the parties can use the mediation procedure. More information about this method of conflict resolution can be found in the article Mediation as a method of conflict resolution.

Sample agreement on compensation for damage in case of an accident

The procedure for execution, requirements for the content of the agreement on compensation for damage, as well as receipts, are not regulated by the laws of the Russian Federation. It is drawn up in writing in accordance with the provisions of Chapter. 28 Civil Code of the Russian Federation. It should reflect in detail all the points that were recommended above for issuing a receipt. You can also indicate additional agreements between the parties that do not conflict with legal requirements.

An example of the document described in this section can be downloaded here: Sample agreement on compensation for damage in case of an accident.

The parties have the right to turn to a notary for certification of the agreement they have drawn up.

IMPORTANT! By certifying an agreement, a notary confirms only the fact of its signing by the persons identified in it, and not the legality of the agreements reached and their proper execution.

In order to provide evidence of the achievement of specific agreements and their implementation, it is best to involve witnesses (disinterested persons) in the process of resolving the consequences of the accident. In this case, it is necessary to reflect their data (full name, addresses, telephone numbers) in the agreement.

Compensation for damage from an accident by obtaining a loan

Based on judicial practice, an agreement or receipt for compensation for damage from an accident is sometimes unreasonably classified by the participants in the accident as a loan relationship.

For example, when the Sverdlovsk Regional Court issued an appeal ruling dated November 8, 2016 in case No. 33-19518/2016 on the collection of funds under a loan agreement, the applicant was granted satisfaction of the requirements. The basis for the court's decision was the fact that the plaintiff presented, as evidence of the existence of a borrowing relationship, receipts indicating the defendant's acceptance of obligations to compensate for damage caused as a result of the accident.

In this case, one of the main conditions of the loan agreement is the need for one party to transfer money or things to the other, accompanied by the obligation to return them. While written agreements on compensation for losses do not imply the transfer of funds for use and their return.

IMPORTANT! An agreement or receipt for compensation for damages from an accident is not a loan. However, the obligation to reimburse may be terminated by novation in the form of obligations arising from the loan agreement.

However, such replacement of one obligation with another must be properly formalized in accordance with the requirements of the Civil Code of the Russian Federation. Otherwise, even if there are signs of such a structure in the relations of the parties, the court may not recognize them as such (for example, the appeal ruling of the Supreme Court of the Republic of Crimea dated September 16, 2015 in case No. 33-6818/2015).

A receipt for compensation for damage from the consequences of an accident is a simple way of formalizing agreements between participants in an accident regarding compensation. The use of this method, despite the fact that it is not enshrined in legislation, is acceptable in practice, but one should remember the associated risks. The recommendations outlined in this article will help you avoid negative consequences.

It should also be remembered that borrowing relationships and compensation obligations are different legal structures. Replacing one with another is permitted only through proper execution of the novation agreement.