Drawing up a diagram of an accident by traffic police officers regulations
How to draw up a road accident diagram in 2019?
If an accident occurs, the incident must be registered in accordance with the norms of current legislation. In 2019, it is mandatory to draw up an accident report. A schematic representation of a traffic accident allows representatives of the authorized bodies to visually study what happened and understand all the details of the incident. The road accident diagram is subsequently taken into account when making a decision to recognize one of the drivers as the culprit of the accident, so its competent preparation is especially important.
Why draw up an accident diagram?
In 2019, based on the schematic plan of the accident, the culprit of the traffic accident is determined. Traffic police officers and insurance company employees have the opportunity to examine in detail the circumstances of the incident. If a lawsuit is filed, a diagram of the accident must be attached to the case file.
An accident diagram is drawn up after any accident. When drawing up a European protocol, the action can be performed by any participant in the incident. If an accident requires calling the State Traffic Inspectorate, they will draw up a diagram of the accident themselves. In order for a document to be recognized as valid, it must be drawn up in accordance with the provisions of Federal Law No. 40 of April 25, 2002 on compulsory motor liability insurance.
Is it possible to draw up an accident diagram yourself?
The road accident diagram is drawn up by the participants in the incident if the registration of the accident is carried out according to the European protocol. It is drawn up on a notification form. Column 17 is intended for drawing up a plan. Subsequently, the document is submitted to the insurance company. Participants in the accident prepare notices in 2 copies. The location of objects on both diagrams must be identical.
If the use of the European protocol is unacceptable within the current situation, the traffic police will be called. Representatives of the authorized body will independently prepare a diagram. They operate within the framework of the administrative regulations of the Ministry of Internal Affairs of the Russian Federation. functions for monitoring compliance with legal requirements in the field of road safety.
The completed road accident diagram is provided to the participants of the incident for review. If the drivers agree with the nuances of what happened, they sign. Refusal to perform the procedure is acceptable. In this case, the certification of the scheme is carried out by witnesses. If they are not there, video recording is carried out (clause 282 of the order of the Ministry of Internal Affairs No. 664).
When is it impossible to draw up an accident diagram yourself?
Independent drawing up of an accident diagram is possible if the European protocol is used. The conditions for its application are regulated by Article 11.1 of the Federal Law No. 40 on OSAGO of April 25, 2002. In accordance with the above regulatory legal act, the use of the European protocol is permissible:
- two cars were involved in the accident;
- both drivers have valid MTPL policies;
- no people were injured in the incident;
- the damage to the victim’s vehicle is no more than 100 thousand rubles (in the absence of disagreements and the use of the Road Accident.Europrotocol application, 400 thousand rubles).
If at least one of the conditions is not met, independently drawing up a schematic plan of the incident is unacceptable. Registration is carried out with the involvement of traffic police officers. If the participants in the incident neglect the established standards, the insurance company has the right to refuse compensation.
Law on drawing up a schematic accident plan
The need to draw up an accident diagram in 2019 is mentioned in paragraph 273 of the Administrative Regulations for the execution of the function of the Ministry of Internal Affairs of the Russian Federation to supervise compliance with the requirements of legislation in the field of road safety. The regulatory legal act regulates the list of actions that State Traffic Inspectorate employees are required to take to record an incident. The registration of an accident diagram is carried out in accordance with paragraphs 280-282 of Order of the Ministry of Internal Affairs No. 664.
The possibility of drawing up a document by participants in an accident is not fixed in the current legislation. However, the need to draw up an accident report in 2019 arises when filling out the European protocol form. The possibilities of its application are regulated by Article 11.1 of the Federal Law No. 40 of April 25, 2002 on compulsory motor liability insurance. This makes it possible to independently draw up an accident diagram, but only if there are conditions that allow the application of the European protocol in 2019.
Requirements for drawing up an accident report in 2019
When drawing up a schematic plan for a road accident, you must be guided by the general requirements for filling out the European protocol. Data is entered with a ballpoint pen. The ink must be blue or black. The information is recorded in block letters. Both drivers participate in filling out the form. Each of them fills out their part in the documents.
If mistakes are made, there is no need to correct the entire plan. It is enough to cross out the incorrect data, indicate the correct information and sign next to it. Corrections are correct. The accident report must be signed. The procedure is completed when all information has been entered. Signatures are provided by both participants in the incident. Once the action has been taken, corrections are no longer permitted. Before signing the notification form, you must carefully check the information.
What should be included in an accident report?
There are no strict requirements regarding the registration of an accident report by individuals. The main norm is the provision of reliable information in full. Based on the document, the responsibility of the parties will be determined. Therefore, in accordance with paragraphs 280-282 of Order of the Ministry of Internal Affairs No. 664, it is important to reflect the following information in the road accident diagram in 2019:
- Present obstacles, if any, were in the path of movement.
- Scene of the incident. Described in as much detail as possible. It is necessary to indicate street names, locations of noticeable objects, etc.
- Location of marking lines, traffic lights and road signs. The work is required to ensure that the representative of the authorized body understands whether there were restrictions on the performance of maneuvers.
- Road width and number of lanes.
- The location of the cars before the accident. It is important to indicate the direction of movement.
- Place of first contact of vehicles.
Necessary documents for drawing up an accident diagram
The legislation does not contain a list of documents that need to be on hand when drawing up a European protocol and road accident diagram. In the process of entering information into the form, you may need:
- STS. Based on it, information about the car is entered into the documents.
- Driver's license. Its number will need to be indicated on the European protocol form.
- Explanation of the traffic accident that occurred. Both drivers must draw up the document. The paper is drawn up in free form.
Step-by-step instructions for independently drawing up an accident diagram in 2019
If there is no victim in the incident, only 2 vehicles took part in the collision, the damage to the innocent driver’s car is no more than 100 thousand rubles (in the absence of disagreements and the use of the “Road Accident.Europrotocol” application, 400 thousand rubles), the accident can be registered independently. When drawing up an accident diagram, you need to perform the following manipulations:
- Decide on the scale of the drawing. First of all, the section of the road where the collision occurred is plotted. It is important to schematically designate the landscape, the location of road signs and traffic lights. There is no need to draw out all the smallest details.
- A schematic image of vehicles is drawn onto paper. They are usually represented as a rectangle with headlights. The latter, in turn, are depicted in the form of triangles. The collision location is indicated by a cross.
- The exact coordinates of the vehicles are recorded. To perform the procedure, it is recommended to measure the distance between cars, from the wheels to the side of the road, and determine other indicators.
- If there are blots on the drawing, it may be considered invalid. Therefore, it is recommended to initially draw up a draft, agree on it among themselves, and then transfer the information to the Euro protocol form. It is provided along with the policy.
An accident diagram is drawn up in paragraph 17 of the accident notice. In paragraph 13, you must indicate the location of the collision on the vehicle.
An example of a self-made road accident diagram
The standard form for drawing up an accident diagram is as follows.
Let's imagine that the vehicles were moving in the same direction. While overtaking, a collision occurred. Then the road accident diagram will look something like this.
The cross marks the location of the vehicle collision. Arrows indicate the direction of movement.
How to create an accident diagram online?
When faced with the need to draw up a diagram of an accident for the first time, the driver may experience difficulty. Online services allow you to simplify the registration process in 2019. You can use help:
- Autocadabra. This is an online accident diagram editor that is easy to use. It allows you to create a plan for even a complex incident. The editor contains a large number of elements. Their use is not limited. You can use the system here.
- Drawing up an accident diagram online. The service was developed by a company that specializes in vehicle repurchase. The system is unpretentious. It can be used even if there is a slow Internet connection. You can create an accident diagram here.
- Constructor of traffic situations. This is a powerful system with great functionality. However, if a person is using it for the first time, they may face a long wait. With repeated use, the operating speed will increase. You can use the designer here.
How to make a diagram of an accident in a parking lot?
It differs from the standard diagram of an accident in a parking lot by the need to display standing vehicles on the plan. They are usually indicated by a dotted line. Additionally, it is necessary to detect foreign objects caught in the collision zone. These could be poles, garbage cans. The corresponding parts of the parking area are indicated as the collision location. It is recommended to display nearby streets on the diagram. This will help detail the address. The explanation states that the accident occurred in a parking lot. The rest of the registration process is standard.
How to draw up a diagram of an accident at an uncontrolled intersection?
First of all, the road itself and the location of cars on it are applied to the paper. Determining the culprit of an accident at an uncontrolled intersection is carried out taking into account the signs installed at the intersection. When drawing up a diagram of road accidents in 2019, it is important to display them. At the moment of crossing an unregulated intersection, the culprit of the incident is the driver who was moving on a secondary road. The law obliges him to give way to all vehicles traveling on the main lane.
Common mistakes when drawing up a road accident diagram in 2019
If a representative of the State Traffic Inspectorate is involved in drawing up an accident plan, usually there are no problems in drawing up the plan. However, the use of the European protocol leads to the need to perform the procedure independently. As a result, the risk of an error increases. Most often, drivers admit the following:
- The location of the first contact of vehicles is determined incorrectly. The cause of the error is often inattention.
- The driver is trying to hide the execution of certain maneuvers. Actions are performed solely due to the presence of intent. By carrying out manipulation, the motorist hopes to shift the blame onto another participant in the incident. An example of this is the refusal to admit to attempting to overtake before a collision or speeding.
- Traffic light signals are described inconsistently. In this case, eyewitnesses are brought in to clarify the circumstances. Based on their testimony, a decision is made as to which driver is right.
Consequences in case of incorrect drawing up of an accident diagram
The Euro protocol is used to obtain insurance compensation. Cash is provided to the victim. The culprit of the incident is determined based on the accident diagram and other information provided by the participants in the incident. If the accident plan is drawn up incorrectly, it is difficult to figure out what actions led to the accident. This gives the insurance company the right to refuse to provide benefits.
The citizen who is not the culprit of the accident is primarily interested in the correctness of the road accident diagram. Therefore, it is important to correctly record the features of what happened on paper. Additionally, photo and video shooting is carried out.
Registration of a traffic accident by traffic police inspectors
The number of cars on the roads is growing every day, as is the number of road accidents. An accident in itself is a great stress for the driver, and even more unpleasant emotions are caused by the registration of an accident. It is important to know what to do correctly in the event of an accident and how traffic police officers should behave at the scene of an accident.
Do you need to call the traffic police in case of an accident?
Not all road accidents require the personal presence of traffic police inspectors. When can you do without them?
- There were no injuries in the accident.
- No state property was damaged.
- No more than two cars are involved.
- Participants have valid MTPL policies.
- There is no dispute about who caused the accident.
If all these points come together, then it is possible to register a traffic accident without inspectors. In this case, a European protocol is drawn up. If there are disagreements or inconsistencies with at least one of the points, then the traffic police must be called to register the accident.
Rules for registration of road accidents by traffic police officers
If it is decided to call representatives of the State Traffic Inspectorate to the scene of the accident, then they must register the accident according to the following rules.
- A traffic police inspector arrives at the scene.
- Examines him and takes the necessary measures to investigate the situation. He is obliged to interview witnesses and secure the scene of a traffic accident, if necessary.
- All necessary measurements are taken and a road accident diagram is drawn up.
- The protocol is filled out. In this case, the employee must fill out the document extremely carefully and objectively.
- The protocol is checked by the participants and if they agree with the entered data, they sign it.
In the event that one of the participants does not deny his guilt, none of the drivers have any disagreements, there are no injuries and no state property is damaged, the traffic police representative can only testify to the existence of a traffic accident. He may not draw up any documents on the spot, but send the participants in the accident to the traffic police department so that the accident can be processed by the investigation team. In addition, this procedure is often used in order not to create obstacles for the movement of other vehicles. After all, often the crew simply does not have time to quickly register all the accidents on the spot and the victims have to wait for long hours at the scene of the accident.
What documents are required when registering a traffic accident?
When registering an accident by traffic police inspectors on site or at the department, the following documents are issued:
- An administrative violation order is issued if traffic rules were violated during the incident.
- Road accident report – it is accompanied by a road accident diagram, which schematically depicts the situation that occurred on the road. Such a diagram should be drawn up using measuring instruments, as well as the words of participants and witnesses. In addition, an appendix indicating mechanical damage to vehicles is attached to the protocol. Explanations of participants and eyewitnesses are also attached to the protocol.
Read all documents carefully and check all data.
The procedure for registering an accident by state traffic inspectors
After traffic police inspectors arrive at the scene of a traffic accident, they must act as follows:
Such actions are carried out when drivers disagree about the culprit. If there are such disagreements, then the traffic police representatives try to find witnesses to the accident, as well as obtain recordings from CCTV cameras or DVRs, if any are available at the scene of the incident.
What is a traffic police officer required to do when reporting an accident?
- Traffic police inspectors are required to promptly arrive at the scene of the accident.
- Examine the participants and victims. If necessary, call an ambulance or send victims to medical facilities. If necessary, provide first aid until paramedics arrive.
- They are obliged to objectively and impartially understand all the circumstances of the traffic accident. Find witnesses, write down their information.
- If the arrival of a natural response team is expected, they are obliged to ensure the presence of drivers and victims on site.
- Take measures to preserve and record physical evidence that is relevant to the situation.
- Organize a detour or monitor the situation on the road, regulating the movement of cars.
- If one of the participants disappeared, find out the direction of his movement, the characteristics of the car and transfer this information to the duty officer.
Rules for issuing a certificate of an accident by traffic police officers
Since October 20, 2017, traffic accident certificates are no longer issued by traffic police officers. Instead, the injured driver will need to provide the following documents to the insurance company:
- a copy of the protocol on the administrative offense;
- a copy of the administrative violation resolution;
- notification of a traffic accident.
Features of registration in case of an accident with victims
Situations where people suffer during a traffic accident are not uncommon. If this happens to you, whether you are the culprit or not, follow the following procedure.
- First of all, provide first aid to the victim in the event of an accident and call an ambulance. This is a priority action that should be performed even if the victim claims that he does not need help, he feels well and the injuries will not harm his health or life. If the victim is in critical condition, he must be taken to the hospital without waiting for an ambulance. To do this, you can use a ride or your own transport.
- After calling an ambulance, call the police. When communicating with the duty officer, be sure to inform that there is a victim in the accident. In this case, State Traffic Inspectorate employees who specialize in such incidents will be sent to the scene of the accident.
- After traffic police representatives arrive at the scene, they will draw up a protocol, describing the situation, and provide it to all participants in the accident for signature. Please read it carefully. If you do not agree, make your comments and corrections. If you feel unwell, please note this in the protocol. Sign the document only if you completely agree with it.
- After drawing up the protocol, the employee will ask all participants in the accident to write explanations. Remember that you do not have to testify against yourself, your spouse, or your immediate family. Write the explanation yourself, do not ask the traffic police officer to help you. In addition, write only true facts, do not make any assumptions, do not admit your guilt or draw conclusions about the guilt of other participants.
After all the registration, the employee will give all participants a copy of the accident report. Remember that it should not contain any conclusions about the culprit, since inspectors are not authorized to make such decisions, the forensic medical examination is responsible for this.
Refusal to register an accident
Can the traffic police officers who arrived at the scene of an accident refuse to register your accident? The answer is clear - no. Remember that even if your situation falls under all points of the European Protocol, you have the right to call the State Traffic Inspectorate. They cannot refuse you on the basis that the accident caused minor damage to the cars, since they are not experts and cannot determine the cost of damage by eye. There are often situations when, for example, a minor dent leads to internal damage and only a professional appraiser can determine the cost of such damage.
If a traffic police officer refuses to register an accident, then you can write a complaint in any form and send it to senior management.
Features of registration of a traffic accident by traffic police officers
If people, state property are injured, or it is impossible to identify the culprit, then there is no doubt about the need to call the State Traffic Inspectorate. Even if there are at least minimal doubts about the damage, the culprit and other circumstances, it is still better to call the traffic police duty department rather than draw up a Europrotocol yourself.
Of course, there are some peculiarities that can be considered disadvantages when registering a traffic accident by a traffic police representative.
- If an administrative traffic violation has been committed (and in most cases there are such violations in accidents), then the inspector will definitely issue you a fine. If you decide to formalize everything according to the European Protocol, then the violation will not be certified and you will not have to pay a fine.
- When calling the State Traffic Inspectorate, you will lose a lot of time. Sometimes the wait lasts for a whole day. In this case, the driver is not allowed to leave the scene of the accident.
We must not forget that employees can become witnesses in the event of controversial situations, for example, with an insurance company. In addition, it is worth remembering that if you apply for CASCO insurance, you cannot avoid calling the traffic police.
Scheme of a road traffic accident (RTA)
In this article, we will give practical advice that will help participants in a traffic accident exercise their rights and allow them to avoid common mistakes they make when drawing up a road accident plan.
Any traffic accident entails the need to document it in the manner prescribed by law.
The main document that is drawn up at the scene of the accident is the road accident diagram.
Failure to comply with the requirements of the law regarding this document entails its invalidity.
The diagram of a road traffic accident (RTA) is understood as a graphic display of the area plan, road conditions, vehicles, traces and objects related to the road traffic accident.
Being the fundamental evidence, the incident diagram includes a number of initial data, without which the proceedings in the case are impossible.
This source of evidence must meet the criteria of information content and objectivity, that is, it must contain the most complete and reliable information about the picture at the scene of the traffic accident.
The law establishes a number of requirements for the form, content and procedure for drawing up the document we are examining.
Recommendations for drawing up an accident diagram
As practice shows, persons taking part in drawing up an incident diagram should know:
A diagram is drawn on a special form.
The road accident diagram form was approved by Order of the Ministry of Internal Affairs of the Russian Federation dated March 2, 2009 N 185 “On approval of the administrative regulations of the Ministry of Internal Affairs of the Russian Federation, the execution of the state function of control and supervision of compliance by road users with requirements in the field of ensuring road safety” (hereinafter referred to as the Administrative Regulations Ministry of Internal Affairs of the Russian Federation).
Drawed up and signed by the official in charge of the accident case.
As an appendix to the inspection protocol of the scene of the incident, the diagram is drawn up by the traffic police officers who arrived at the scene of the incident.
If, as a result of a road traffic accident, serious consequences have occurred - any of its participants have suffered harm to life and (or) health, the road accident diagram is drawn up by the investigator on duty (investigator) who arrived at the scene of the incident as part of the investigative and operational team.
The diagram drawn up by the participants in the incident cannot replace the diagram drawn up by an official (traffic police officer, investigator, investigator), in accordance with the powers vested in him by law.
The participant in the accident is not the person conducting the proceedings.
There is no need to waste time drawing up duplicate road accident diagrams online.
To sketch a diagram, its creator only needs to have a sheet of paper and a pen.
Done with the participation of witnesses.
When drawing up a diagram of a road traffic accident, there are witnesses who are involved by a traffic police officer or an investigator (inquirer) in the manner prescribed by law. The procedural status of witnesses, their rights and obligations are defined in the norms of the Code of the Russian Federation on Administrative Offenses (Article 25.7), the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation (Clause 111), and the Criminal Procedure Code of the Russian Federation (Article 60).
Based on the analysis of the above provisions of the law, a witness is a person who has reached the age of majority and is not interested in the final result of the case.
The maximum number of witnesses is not regulated by law, but there must be at least two.
Witnesses certify the production process (drawing up an accident diagram), the content (taking measurements, determining the position of cars relative to each other and elements of the roadway, photo and video shooting) and the result (entering reliable data into the accident diagram form) of the procedural action.
In practice, officials carrying out proceedings at the scene of a traffic accident (traffic police officers, investigators, investigators) often ignore the requirements of paragraph 111 of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation.
Without indicating in the protocol of inspection of the scene of the incident and the diagram information about the identity document of the person involved in the case as a witness, they are limited, at best, to identifying the person using a driver’s license.
At the same time, information about the place of residence of the witness is entered into the protocol (road accident diagram) from his words.
This practice is vicious and unacceptable.
For various reasons, people tend to confuse the concepts of “place of registration” and “place of residence”. These concepts are not identical.
Often people take on the role of witnesses without much desire.
Participation in a case as a witness is associated with time costs and gives rise to the citizen’s obligation to appear when subpoenaed to investigative authorities and the court.
Failure to fulfill this obligation entails the imposition of a fine on the person who evades calling the investigator (court) and forcibly bringing the citizen to the investigative authorities (court).
With such “privileges” it is impossible to exclude the possibility of deliberate distortion by a person brought to the case as a witness, information about his place of residence.
The only document identifying a citizen and containing information about his place of registration at his place of residence is a passport of a citizen of the Russian Federation.
From the above it follows that it is the information about the passport that must be reflected in the protocol (road accident diagram). Failure to comply with this requirement may lead to a number of negative consequences in the future.
For example, it is impossible to call an attesting witness for questioning as a witness, which significantly complicates further proceedings in the case and limits the evidence base.
Failure to comply with the requirements of the law allows the perpetrator of a traffic accident and his defense attorney to protest the road accident diagram made in violation of the requirements of the law and recognize it as inadmissible evidence.
It is documented with the involvement of interested parties, the circle of whom is determined by the official inspecting the accident site.
Its participants and other interested parties are involved in drawing up the road accident scheme.
In the event of serious consequences, an inspection of the scene of the incident and drawing up its diagram is carried out with the participation of specialists.
A specialist is a person who has special knowledge in a certain field (automotive engineering, forensics, forensic medicine...)
Traffic police officers, an expert - criminologist, and a specialist - auto technician can be involved as specialists.
Details in the articles:
Traffic police officers, investigators, and investigators, while simplifying the procedure for drawing up an accident diagram, do not take proper measures to identify and involve interested parties in drawing up a map of the accident site.
This approach can be called restrictive.
Often, a diagram of an accident is drawn up hastily, with the participation of “not interested in the outcome of the case” and indifferent to everything that happens.
Drivers of vehicles involved in road accidents, being in a state of stress from the accident they experienced, are not always able to objectively assess the current situation.
Thus, fertile ground is created for all sorts of abuses. The consequences of a restrictive approach when determining the circle of persons involved in recording the situation at the scene of an accident should not be underestimated.
Also, in the procedure for collecting information to be included in the scheme, along with drivers involved in a traffic accident, pedestrians and passengers of vehicles injured as a result of the accident should be involved.
All of them are full participants in the incident.
Stakeholders who did not directly participate in the event we are studying include vehicle owners, employers, representatives of enterprises and organizations whose property was damaged, and representatives of road services.
For them, the event of an accident can give rise to rights and obligations. Interested parties can exercise their rights through representatives and lawyers.
A general indicator of the effectiveness of the actions of each of the persons participating in the proceedings in the case of an accident is the degree of his activity and initiative.
The actions of the participants involved in drawing up a diagram of the incident should not be reduced to silent presence and contemplation of what is happening.
It is necessary to record the results of all measurements entered into the diagram and control the process of inspecting the accident scene.
An effective control method that ensures complete and reliable recording of the situation at the scene of an accident is photography and video recording.
If you do not have the opportunity to make photo and video recordings, you can draw a diagram of the accident yourself.
An integral and mandatory attribute of the diagram drawn up at the scene of a traffic accident is the presence of signatures in it.
The diagram is signed by the official, witnesses and all interested parties who took part in the inspection of the scene.
What should you pay attention to when reading the road accident diagram?
Before signing the road accident diagram, you must familiarize yourself with its contents and pay attention to the following important points:
Make sure that the diagram is drawn up properly and signed by an official (traffic police officer, investigator, inquiry officer).
Check the presence of signatures of witnesses, information about identification documents and their place of residence.
Please ensure that the data in the diagram corresponds to the data that was recorded by you during the inspection of the scene of the traffic accident.
If, upon reviewing the map of the scene of the incident, you discover a discrepancy with the conditions listed in paragraphs. 1-3, you must write “I do not agree with the diagram” in the appropriate column, certify your disagreement and the fact of familiarization with a signature. In the future, challenge the accident scheme.
If the scheme corresponds to pp. 1-3 write: “I agree with the diagram”, certify your agreement and fact of familiarization with your signature.
Take a photo of the diagram (if possible).
The proposed procedure for familiarizing yourself with and signing an accident report is the most appropriate, as it allows you to avoid abuse and falsification by third parties, and limits the possibility of making subsequent changes and additions to the original document.
Sometimes, in the absence of the necessary conditions, a draft is drawn at the scene of the accident - a sample road accident diagram, which is subsequently redrawn “white”.
In this case, all requirements for the road accident scheme must be strictly observed.
The draft road accident diagram is attached to the case materials.
Success in proving guilt in civil and administrative proceedings depends on how correctly and completely the road accident diagram is drawn up.
In conclusion, I would like to note that the information presented in this article regarding questions about the road accident pattern is not exhaustive.
If, after reading the article, you have additional questions about the road accident scheme or you need our help, fill out the form to sign up for a free consultation.
Rules for drawing up an accident diagram
According to the law, even the most minor traffic accident must be properly reported. The investigation will identify the perpetrators and victims and provide evidence and arguments sufficient to obtain compensation. An accident diagram is an important official document that becomes the basis for analyzing the situation. It is taken into account in trials and is necessary for calculating insurance payments. Much depends on the correctness of its preparation, so every driver must know the basic requirements for the drawing and have the skills to apply it.
What should be included in an accident report?
Only a document that contains all the necessary information will be accepted for consideration. Sometimes it is compiled without the participation of traffic police officers, so every driver should know what points to pay attention to.
According to the requirements for the road accident scheme, it must include:
- the location of vehicles before the accident, indicating the direction of their movement;
- position and type of obstacles on the road, if any;
- position of signs, traffic lights, type of markings;
- placement of other vehicles if they influenced the situation on the road, for example, acted as an obstacle for cars involved in an accident;
- data on the width of the roadway and the number of its lanes in the direction of travel of the participants in the accident;
- location of the collision - if there were several of them, then the first one is considered the most important;
- placement of vehicles after the accident has occurred.
To draw up a correct road accident diagram, you need to use special symbols. They will make the plan easier to read and avoid ambiguity.
Why do you need a diagram?
The main purpose of the road accident diagram is to save all the features of the road situation on paper. Certified by the signatures of the traffic police inspector and/or participants in the incident, the paper acquires the status of a document. With its help, the moment of the accident, its circumstances and causes are analyzed. The graphic plan of collision of objects on the road necessarily contains information on all objects that took part in the accident (even indirectly). These schemes are taken into account when analyzing the case in court and identifying the culprit of the accident. It is necessary to receive compensation under OSAGO, and sometimes even under CASCO. It is important to understand that the information indicated in the diagram should not contradict the data obtained using photo and video recording tools.
Who should draw up the document
The specifics of drawing up an accident diagram depend on the circumstances of the accident, its severity, and the number of participants in the incident. In some cases, drivers have to draw a diagram of the accident themselves, in others they do not have the right to do so, so the presence of a traffic police inspector is required. Violation of generally accepted rules may result in the document losing its status as evidence and not being accepted for consideration.
Traffic police officers
If a traffic police patrol is called to the scene of an accident, the responsibility for filling out the diagram rests with the inspector. He then certifies the document with his signature. To compile the paper, the employee uses data obtained from a visual inspection of the site, interviewing participants in the accident and witnesses. It happens that the inspector consults drivers over the phone, gives them permission to independently draw up a diagram and support it with photographs and video footage. Then the participants in the accident visit the traffic police department, where the situation is examined in detail.
Drivers for an insurance company
To draw a legitimate road accident diagram for the insurance company, you need to take a special road accident notification form. It is important to remember that the Investigative Committee will not accept just a separate piece of paper as evidence. It is also worth considering that the standard form does not have much space for drawing, so the diagram itself should reflect only the main and most important points. The notice contains additional paragraphs in which you can clarify the location of the impact and the specifics of the maneuvers.
When you can’t make a diagram yourself
In some situations, even if you correctly draw a diagram of an accident on your own for the court or insurance company, you may be faced with a refusal to review it. In particularly difficult cases and serious accidents, only a traffic police officer has the right to transfer the situation to paper.
An accident diagram is drawn up only by a traffic police inspector if:
- the victim's vehicle suffered damage of 100 thousand rubles or more;
- the participants in the accident do not have a common opinion about the culprit and the circumstances of the incident;
- at least one of the drivers involved in an accident does not have the right to drive or is intoxicated;
- at least one of the drivers involved in an accident does not have a valid MTPL policy;
- people were injured or killed in the accident;
- one of the participants in the incident fled the scene of the accident.
If you have doubts about the advisability of drawing up a scheme without traffic police officers, it is better to call the traffic police department and clarify this point.
Methodology for drawing up a diagram
If an accident is recorded by a traffic police inspector, a checkered sheet or ordinary writing paper can be used to draw a picture. Drivers must use the Europrotocol form to draw the diagram, in which the 17th paragraph is reserved for these purposes. A copy of the accident notice can be obtained from the insurance company when applying for insurance - the manager is obliged to supplement it with instructions for filling out the document.
How to correctly draw a plan in the European protocol yourself
The features of drawing are not regulated, but have been worked out in practice. The document may contain graphic symbols, letters and numbers; the diagram is drawn in a “top view” form. To compose it, you can use a blue or black ballpoint pen. Elements of the drawing must be generally accepted, understandable, legible and, if necessary, equipped with transcripts. Corrections, use of correctors and other cleaning methods are unacceptable.
According to the rules for drawing up an accident diagram, there should be only schematic data, and the notice should indicate the following points:
- location of the incident (kilometer of the highway, address, nearest house or other recognizable object);
- number of vehicles involved, injured;
- details of witnesses and their statements, if any;
- data on cars involved in an accident - their owners, persons who were driving, insurance companies, damage, the responsible traffic police officer.
The diagram is drawn up using scaling principles. If possible, it is accompanied by photo or video materials.
Despite the fact that in some cases it is possible to draw up a plan several days after the accident, it is best to draw it right on the spot.
Typical schemes
On the website of the Russian Union of Auto Insurers you can find many samples of road accident diagrams drawn up based on approximate circumstances leading to accidents. These are detailed drawings that are accompanied by recommendations in terms of distribution of responsibilities between drivers. Their use is resorted to when drawing up a Europrotocol, provided that the parties to the accident have reached an agreement and there are no casualties in the incident.
If there are more than two participants
Typically, in such situations, it is necessary to draw up an accident diagram by traffic police officers. When creating plans, it is important to consider the order of priority. In particular, if one driver, as a result of his maneuvers, touched two vehicles at once, two drawings are drawn up - one with each of the participants in the accident. In this case, the details of the third car and its driver are added in column No. 4 on the back of the notice.
In case of an accident in the yard
According to Article 1 of Federal Law No. 40, accidents in a parking lot, in the yard and any area adjacent to roads are processed according to the same rules as accidents on the roadway. They are also insured events under MTPL. According to statistics, most often such accidents are registered without the traffic police, but if it is impossible to reach an agreement between the participants in the incident, the traffic police patrol is called.
Notations used
When drawing up a diagram of a traffic accident, special universal symbols are used, so that any interested person can read the drawing. In particular, cars and trucks, motorcycles, and foreign objects have their own designations. The direction of movement of the vehicle, the location of the accident, braking distance, road markings, and traffic lights are indicated in a special way. Road signs can be drawn or indicated with numbers in accordance with traffic rules
Requirements for various types of circuits
The accident can be recorded using a simplified or standard procedure. This determines how the scheme of a particular traffic accident will be drawn up.
Europrotocol
A variant of a simplified road accident diagram, the preparation of which does not require calling a traffic police inspector and collecting additional papers. The use of the Europrotocol allows you to speed up the calculation and payment of insurance compensation. This approach is only possible if the accident involves no more than two vehicles. At the same time, the amount of damage does not exceed 100 thousand rubles, the health of the victims was not damaged, both drivers have compulsory motor liability insurance, and the participants do not argue about the culprit.
Standard accident
If the simplified procedure cannot be applied, an accident diagram according to the standard type is drawn up. In this case, a traffic police patrol is called to the scene of the incident, after which its officer makes a decision on the advisability of drawing a drawing. In such a situation, drivers only observe the process, make amendments, and monitor the correctness of filling out the documents. With this approach, the most accurate drawing is drawn up, since the scene of the incident is measured and all details are recorded.
Consequences in case of incorrect drawing up of an accident diagram
If the procedure for drawing up an accident plan is violated, the rules for drawing a drawing are not followed, or even blots are made when designating a vehicle, the document is considered invalid. It will not be accepted for consideration in court, and insurance companies will not satisfy requests for it. A frivolous attitude to drawing an accident plan often becomes the reason for the driver’s inability to receive monetary compensation, even if he is innocent. Due to the fact that the injured party of the incident is more interested in the correct execution of the document, it is she who must check everything before putting her signature.
If one of the drivers refuses to sign the accident report
A responsible attitude to drawing up an accident diagram will allow you to prove your innocence and receive compensation in a timely manner and in full. Every driver should know the nuances of drawing a drawing and possible pitfalls.
How to correctly draw a traffic accident diagram (sample)
Drivers often view the drawing up of an accident diagram as a guarantee of an accurate recording of the accident that occurred. And, indeed, the possibility of receiving insurance compensation (in some cases, insurance payment), avoiding liability if the driver is innocent, etc. depends on the correct drawing up of the drawing. It is important not only to be able to draw the situation of an accident yourself, but also to control the accuracy of the description by the traffic police officer.
Situations when registration is possible
Depending on the circumstances of the accident, drawing up a diagram is allowed:
Procedure for compilation
What should the content be?
A correct accident diagram necessarily includes such important information as:
- date and exact time of the incident;
- who is involved and what vehicles are involved in the accident;
- number of collided vehicles;
- who is to blame for the road accident;
- direction of vehicle movements before the accident;
- relative position of cars at the time of an accident;
- finding cars after the final stop immediately after the accident;
- the place on the road where the injured pedestrian or passenger ended up (if the accident involved more than just vehicles);
- what kind of light signals did the cars have during a traffic accident (turn signals, stop signals, headlights, etc.);
- a plan of the road section where the collision occurred;
- dimensions (width) of the roadway and the number of lanes in each direction;
- type of road section, that is, a straight roadway or an intersection or a bend in the road, etc.;
- the presence of fencing structures, roadsides, sidewalks, etc.;
- link to the address (house number, names of neighboring streets, monuments, entertainment complex, if outside a populated area - a kilometer of highway, other landmarks);
- markings, road signs, traffic lights and their signals at the time of an accident;
- foreign objects on the roadway and obstacles, including large holes and potholes in the roadway;
- location of large fragments and vehicle parts on the roadway;
- projection of the braking distance of cars, as well as their tracks.
Basic Rules
There are no uniform rules on how to draw a diagram of an accident for insurance and other cases. There is simply a lot of experience in reporting accidents. It is the accumulated experience that should be taken into account as recommendations.
The plan contains both graphic and alphabetic and digital symbols . That is, comments and explanations need to be made for graphic elements. This can be done right next to the elements, as well as in the form of footnotes under the drawing.
The image is produced in 2D format , that is, a horizontal top view.
blue or black ballpoint pen
All elements, designations, symbols and words must be legible and understandable to everyone.
Common symbols are used without unnecessary detail.
Corrections, erasures , etc. are not allowed. Usually, first, participants draw draft versions (each to their own). And then they discuss all the differences. Next, draw the final version. And if corrections are nevertheless made, they must be made carefully and confirmed with signatures.
When filling, if possible, observe scaling and proportions.
Lawyers for insurance companies advise writing down the numbers of driver's licenses and drivers' insurance policies, watch the video:
Carry out measurements in order to link the main elements of the accident to solid landmarks . This is done to be able to recreate the situation in the future. Measurements must be taken in such a way that it is possible to determine not just where the car is, but also its position (turn angle). Separate measurements are taken of the distances to the boundaries of intersections, signs, the edge of the roadside, traffic lights, the length of the braking distance, etc.
Photographic materials. For the authenticity of the scheme, the picture should be captured on photographic means.
Several interconnected circuits are allowed . For example, one is general, and the other details a separate fragment of the incident.
It is advisable to draw up the scheme immediately at the time of registration of the road event , that is, on the spot. Although in some cases subsequent registration is allowed even a few days later. But such drawings must be mutually approved by the participants.
The graphic document has legal force if signed by all participants. With the exception of diagrams drawn up by a state traffic inspector who goes to an accident.
If there are several drawings that contradict each other , then the later version is more valid.
Notations used
The rules for drawing up an accident drawing imply clear, uniform designations: