Receipt for road accident claims I have no sample

How to write a no-claims receipt in case of an accident?

When a road or transport accident of varying complexity occurs, the person who is at fault often does not have a compulsory motor liability insurance policy.

In such a situation, the driver will be obliged to pay for material damage strictly at his own expense.

Unscrupulous drivers from time to time try to evade such an obligation, and in order to avoid this, such an important document is drawn up as a receipt for an accident. I have no complaints.

In its absence, collecting the debt will be quite problematic.

Degree of legality of the document

Currently, many controversial issues arise regarding official receipts issued in case of road accidents. The reason is that the process of writing a receipt and its role in legislation is covered rather sparingly.

The legislation simply states the permissibility of forming this document, but one or another unified form of such a document is completely absent.

It is for this reason that it is recommended to resolve the issue in advance with the availability of a special sample or form . If a difficult situation arises on the highway, the driver will only have to enter the required amount and details.

The receipt for compensation for damage or confirmation of the no-claims factor must contain the most detailed information related to the accident. The more facts are described, the better.

The reason for such a detailed description of the emergency is based on the desire and desire for litigation to occur. This rule applies to all types and categories of receipts.

If the driver responsible for the accident paid for the damage directly on the spot, he will also have to take a receipt stating that the amount of damage was paid and the victim has no claims. This will avoid certain troubles and difficulties.

If the driver was driving his vehicle as carefully as possible before the accident, he will need to first study the question of how the receipt should be written correctly, regardless of the current situation.

At the moment, three main types of receipts are used - about the absence of various material claims, about compensation for damage, and also about the absence of claims if the accident occurred with a pedestrian.

It is necessary to study the conditions and rules for drawing up a document in advance, since it is impossible to predict in advance when this document may be required. The no claims document requires special attention.

Receipt of no claims

At the moment, situations for the most part are such that every action or inaction can lead to quite serious problems. However, they may not always be of a purely material nature.

This directly applies to the situation when no one was injured in an accident and everyone who took part in it has no claims against each other. In such a situation, it is advisable to protect yourself in case someone decides to act not entirely honestly.

Unscrupulous people often agree that there are no claims at all, but remain at the scene of the accident and call the traffic police inspector after all other participants in the emergency have left.

It is in this case that you will need to write an official receipt for compensation for damages in an accident.

A receipt for receipt of funds for an accident is a serious document, which is certified by the signature of the person who issued it.

The paper has quite serious legal force and can be used in court or other judicial organizations as official evidence.

Therefore, it is very important to pay utmost attention to the formation of the document. To avoid mistakes when drafting, it is worth studying the features and rules for filling out the document and familiarizing yourself with its sample.

Rules and features of filling

During the registration process, you must provide the following important details:

1. The name of the documents itself.
2. Date of registration and writing.
3. The text of the receipt, formatted in any form, the main thing is that personal data is indicated.
4. Confirmation of the fact that there are no claims is required.
5. The personal data of the person who made the receipt, his signature, as well as the signatures of witnesses, if any were at the scene of the accident, are affixed.

To make the principle of drawing up a document more clear, it is worth studying the following example of how to write a receipt stating that I have no claims in case of an accident:

Receipt dated 10/11/2017

I am Ivanov Vasily Petrovich, passport series 1277 No. 199 458, issued by the Korolev police department, 04/25/04, currently registered and living at the address: Moscow, st. Sovetskaya, 20, apt. No. 3, I have no claims regarding the accident that occurred on October 11, 2017 with the participation of Pyotr Dmitrievich Petrov.

This document was drawn up in a sober mind, in sound memory, and there was absolutely no moral or physical pressure. Victim Vasily Petrovich Ivanov - date, signature and detailed transcript, Guilty Petr Dmitrievich Petrov - date, signature and full transcript.

Receipt for no claims involving a pedestrian

Quite often, various road and transport accidents occur, the cause and participants of which were not only drivers, but also pedestrians.

If an ordinary pedestrian becomes a direct participant, material damage in this case can be caused not only to the vehicle, but also to the person.

In such situations, it is quite easy to determine the culprit and the level of his guilt.

If the accident was not very serious, and the participants managed to agree among themselves on the amount of damage without inviting the traffic police, the participants can also exchange receipts regarding the complete absence of claims.

Information for writing a receipt

This document is drawn up in a relatively free form, but the following information must be included.

Among the most important are:

• personal information of the perpetrator and the victim. This is not only your full name, but also passport details;
• the main circumstances of the entire incident are described. Here every detail needs to be given close attention;
• date of execution of the receipt and signatures of all parties.

A sample of filling out a receipt for no claim with the participation of a pedestrian should be studied in advance. This will allow you to avoid a huge number of mistakes in a possible trial.

If it becomes necessary to make a copy of a document, it will need to be certified by government authorities.

Otherwise, the copy will not have legal force and the original signed by the participants in the accident will be taken into account during the proceedings.

Features of the money back option

Very often, a no-claims receipt is drawn up after the person at fault for the accident has voluntarily paid for the property damage.

Also, the issue can be resolved when the participants agreed on the spot that all money spent will be paid as debt repayment at the expense of the insurance company, OSAGO, for example.

To complete such an operation, you will need to provide the following documents to the insurance company:

1. A document proving the fact of an accident.
2. Official proof of material damage - a photo and an expert opinion.
3. A receipt confirming the transfer of funds to the victim.

Only after this, the factor of recognizing the complete absence of claims can be accepted in court as a release of a person from certain obligations to compensate for damage.

The basis for this will be a document such as a receipt for no claims in case of an accident.

Summing up

At the moment, the process of drawing up a receipt does not take a lot of time. Despite this, the importance of this document should not be downplayed, and when deciding how to write a receipt in case of an accident if you have received money and there are no complaints, take into account a huge number of nuances.

A no-claims receipt has full legal force, but if certain rules for its preparation are not followed, the document may be automatically declared void.

It is for this reason that it is important to know how to write a receipt correctly and how to make it an official document.

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:

1. 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.
2. 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:

1. The compensation amount is the result of an agreement and may not cover all vehicle repair costs. You can't count on more.
2. 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.

How to write a receipt in case of an accident about the absence of claims - a sample design

Asking a lawyer is faster than reading!

Ask a question right now and get a free consultation. We will respond within 5 minutes and solve even the most difficult situation.

The ability to file accidents without calling the police, and even without registering an incident, on the one hand, simplified the process of settling claims between motorists, on the other hand, it gave rise to a new type of fraud. After the participants have left the scene of the accident, one of the drivers may return and call the traffic police, claiming that the other party fled the scene of the collision.

In order to avoid becoming a victim of deception, road users need to know how to write receipts after an accident. The document will confirm that an agreement has been reached between the parties and will eliminate unfair accusations.

Legal force of documents

According to paragraph 2.6.1 of the Road Traffic Rules (TRAF), drivers involved in an accident may not call State Traffic Inspectorate officers in two cases:

• when independently registering a traffic accident using the Europrotocol;
• when none of the participants require documents about the accident.

Both options are possible if:

• no people were injured in the accident;
• damage was caused only to the vehicles involved in the collision.

To refuse to call the police, only the desire of the participants in the accident and compliance with the specified criteria are important. Article 153 of the Civil Code of the Russian Federation states:

Transactions are recognized as actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations.

Any agreed actions by drivers after an accident fall under the definition of a transaction, be it a waiver of mutual claims, payment of damage on the spot, or payment in installments of a debt.

According to Art. 159 Civil Code of the Russian Federation:

Unless otherwise established by agreement of the parties, all transactions executed upon their very conclusion may be made orally, with the exception of transactions for which a notarial form has been established, and transactions for which failure to comply with a simple written form entails their invalidity.

Since there is no written or notarized certification of agreements in road accidents, drivers can agree among themselves orally. However, such an agreement is difficult to prove, and if one party behaves dishonestly, the other party has no evidence of an agreement being reached.

Therefore, it is necessary to legally record mutual agreement in writing. Written form is required if the agreement exceeds the amount of 10,000 rubles (Article 161 of the Civil Code of the Russian Federation). According to Art. 160 of the code, simple written form implies the preparation of a document where:

• the contents of the transaction are indicated;
• there is a signature or signatures of the persons making the transaction.

Thus, any document that meets these conditions has legal force. And it doesn’t matter what it’s called - a receipt, a contract, an agreement. When drawing up simple agreements, it is easiest for the parties to write a receipt; more complex options are formalized in an agreement.

It is recommended that the receipt be written entirely by hand. In this case, it is easier to conduct a handwriting examination. The document can be certified by witnesses. Notarization is not required but will make the agreement even stronger.

Receipt of no claims after an accident

A collision at low speeds can occur with no or very little damage. In this case, drivers can disperse without filing claims against each other. It is advisable to document the absence of mutual claims by exchanging receipts.

Another option in which drivers have no claims is on-the-spot compensation for losses. In this case, you can also exchange receipts confirming the absence of claims, but it is better if the victim writes a document confirming receipt of money for the accident, and the culprit writes a document confirming the absence of claims for the accident.

How to write a receipt in case of an accident that I have no complaints

It is recommended to draw up a receipt in accordance with the rules for drawing up business documents. It should contain:

• document's name;
• date of writing;
• free-form text;
• signature of the person who prepared the document with the transcript.

The first condition for the validity of the receipt is to indicate the contents of the transaction . You must describe the accident and clearly express your waiver of claims.

In order to accurately identify an accident, it is necessary to indicate:

• date and time of the accident;
• collision location;
• vehicles involved in the incident;
• personal data of drivers - full name, passport details.

If necessary, indicate the circumstances of the incident.

Sample receipt for no claims

Download a sample no-claims receipt

There is no established form of receipt. However, at the time of the accident, many citizens are in a state of shock and cannot correctly formulate their thoughts. Therefore, it is recommended to print out a sample receipt for mutual consent in case of an accident from the Internet and take it with you. It’s even better to have a document form with ready-made text, in which you only need to fill in the data on the accident.

Receipt for damages

In the event of damage to the vehicle of a driver who is not at fault for the accident, the parties can agree on any method of covering the losses. For example, the culprit may agree to pay the amount of funds to repair the car, after an assessment by an independent expert or completion of the work. Any options that both parties to the incident agree to are acceptable - installment payment, payment of losses in installments, repairs on their own.

This type of receipt is written on behalf of the person responsible for the incident. The culprit agrees to compensate for the damage:

• in the absence of a compulsory motor liability insurance policy;
• in case of insignificant losses;
• if disclosing the incident carries reputational risks;
• under conditions of extreme haste.

If the person at fault does not agree to pay for the damage on the spot, it is better to call the police. In this case, you can issue a receipt for compensation for damage after registering the accident with the State Traffic Inspectorate. It is permissible to write a document regarding a recorded incident even after a few days, when the emotions from the collision have subsided.

The indemnity receipt must include:

• Full name of the participants in the incident;
• drivers' passport details;
• places of their registration and residence;
• circumstances of the accident;
• agreement reached on the settlement of losses;
• method of receiving compensation (cash, wire transfer to a bank account or card, payment for repair work, etc.)
• the procedure for paying money (at the moment, within a week after the incident, upon completion of repair work, etc.);
• damage repayment period;
• place and date of drawing up the receipt;
• signature of the guilty person and its transcript;
• personal information and contacts of witnesses (if available).

Sample receipt for compensation for damages in case of an accident

Download a sample receipt for damages

Drawing up a receipt for damages carries certain risks for both the injured party and the perpetrator of the incident. They are caused by:

• incorrect calculation of the amount of compensation, both lower and higher;
• illiterate presentation of the procedure for compensation;
• incorrect conclusions about the responsibility of participants in an accident;
• absence of important circumstances of the accident in the documents.

The listed threats can be reduced by calling inspectors from the State Traffic Inspectorate, involving a lawyer in drawing up the document, and including a condition on adjusting the amount of compensation based on the results of assessing damage from an accident.

In some cases, it is more convenient to formalize an agreement to cover losses through an agreement or contract. This will detail the manner in which claims will be resolved, as well as provide for sanctions for violating the terms.

Download sample agreement

Receipt for receipt of funds for an accident

A receipt for receiving the money is written by the injured driver. It certifies the fact of transfer of funds to compensate for damages. It can be written immediately after an accident, if the culprit paid the money on the spot, or after the accident, in case of reimbursement of funds by agreement or as a pre-trial settlement of the dispute.

Both parties should know how to write a receipt if the victim received money for the car in an accident. The innocent participant writes the document, and the payer is interested in its correct execution. The receipt must include:

• personal data and contacts of both parties;
• date and place of compilation;
• the amount of the transferred amount, and the numbers must be written in words;
• reasons for transferring money;
• a description of what damage the compensation covers;
• information about witnesses, if any;
• condition of full coverage of damage in the amount of the transferred amount.

Sample receipt for receipt of funds for damage in case of an accident

Download a sample receipt for receipt of funds

Direct coverage of losses by the person at fault allows the victim to quickly receive funds to restore the car and not wait for a decision from the insurance company.

In addition, you should not neglect to obtain a receipt from the guilty person stating that there are no claims. When calling the traffic police after the victim has left, the situation may turn in the opposite direction.

Receipt for road accident claims I have no sample

After an accident, the participants in the incident wait for the traffic police to establish the fact of the accident. But if no one was hurt and there is no serious damage to the car, the parties can disperse without involving inspectors. To prevent further proceedings, a receipt of no claims in case of an accident is issued, a sample of which can be downloaded at the end of the article. There is no unified form, so the document is drawn up in any form with the inclusion of mandatory details.

Is it legal to leave a receipt?

The legislation does not establish the procedure for issuing a receipt in case of an accident. The application of this document is provided for in paragraph 2 of Article 68 of the Code of Civil Procedure of the Russian Federation. Therefore, you can resort to drawing up a no-claims receipt instead of calling the traffic police. This option is especially relevant if the person responsible for the accident does not have a compulsory motor liability insurance policy with him.

For a document to have legal force, it must include a number of mandatory details. Among them:

• exact time and date of the incident;
• passport details of the parties and their signatures;
• a detailed description of the circumstances of the incident.

The text is written in any form. If the receipt for an accident “I have no claims” according to the sample includes mandatory details, it will protect the interests of the driver in the event of litigation.

In what order should I enter information?

A well-drafted document contains all the data about the accident that is required to identify the culprit and assess the damage caused. Ideally, you should have a prepared form with you, so that in the event of an accident all you have to do is enter the date, circumstances and details of the parties.

In the receipt for an accident, you need to describe the accident in as much detail as possible and indicate the location of the collision, date and time, and the circumstances that led to the incident.

When drawing up, you should use the following plan:

1. Name of the form.
2. Date of preparation. Enter the date, month, year in numbers.
3. Author details. You must indicate your full name, passport details, and place of residence.
4. Detailed description of the accident.
5. Indication of no claims.
6. Confirmation that the document was drawn up voluntarily, in a sober mind and sound memory.
7. Signatures of the parties.

The other party must draw up an identical no-claims receipt on its own behalf. If the car was damaged as a result of the collision, this should also be indicated. If there is a receipt after an accident stating that there are no claims, it is unlawful to demand compensation for damage.

Is it possible to do without a receipt?

Situations are possible when one of the participants in an accident leaves the scene of the accident after a verbal agreement. The second one remains and calls the inspectors, indicating that the culprit has left the scene. The consequences can be unfavorable, including the loss of your driver's license.

A properly executed receipt in case of an accident “I have no claims” according to the sample relieves the at-fault driver of liability. The paper guarantees that subsequently no proceedings will be conducted against this citizen.

If the participant in the incident does not want to leave a receipt after the accident, you should call the traffic police and wait for their arrival.

Recommendations for design

The text of the receipt should describe what happened in as much detail as possible. It is necessary to indicate the driver's details and confirm the document with a signature.

Recommendations regarding design:

1. First, indicate the name of the form.
2. Check the entered data to ensure that the document does not contain errors.
3. Describe the situation clearly and avoid ambiguous expressions.
4. Avoid grammatical and punctuation errors.
5. Enter the exact date, time and location of the accident.

If possible, it is best to include testimony from several bystanders in the document. You will also need to enter their details.

Important! Each driver writes a receipt on his own behalf.

The author can indicate that as a result of the collision, there was no damage to the car, no harm to human life or health, and a full settlement was made between the parties. In the end, it is worth emphasizing that there are no complaints against the second driver.

In what situations are receipts left?

In practice, a no-claims receipt is issued in two cases: in a car collision and in an accident involving pedestrians. The content in such situations is different.

But the consequences of accidents are not always insignificant. Therefore, receipts are required not only for the absence of claims, but also for:

• compensation for damage;
• receiving funds;
• car repair.

If a car is damaged as a result of an accident, repairs are made at the expense of the party at fault. You can transfer the amount necessary to restore the vehicle immediately or after some time (if the driver does not have money with him). To receive funds, the agreement must be formally recorded. In case of an accident, the receipt indicates the exact amount of compensation.

This case has its drawbacks. When assessing damage visually, it is difficult to estimate the cost of repairs. The money received on the receipt may not be enough. But it will not be possible to take an amount greater than that indicated in the document. Therefore, independent settlement is advisable only when the damage is minor.

Next, you can download an example document from the link.

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

1. The most popular receipt simply in the form of “I have no claims” can lead to deprivation of rights.
2. 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.
3. 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.
4. But the most correct way in 2019 is to record a video receipt!
5. 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:

1. as in the absence of claims in an accident,
2. and in receiving funds,
3. 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.