Deadline for treatment under the European OSAGO protocol

Deadline for contacting the insurance company according to the European protocol

The Europrotocol allows drivers to save time on processing simple incidents. If the damage is small and no one was physically injured, then you can do without traffic police inspectors. This saves a lot of time. You need to take care of it even after an accident. In order to receive payments as quickly as possible or be referred for restoration repairs, drivers must comply with the requirements of the law and the contract to inform the insurance company about an accident.

The proposed material will tell you what the deadline for submitting the European protocol to the insurance company is in 2019 and what to do if it is missed.

Deadline for contacting the insurance company according to the European protocol

In accordance with Art. 14.1 of the Law “On Compulsory Motor Liability Insurance”, each of the participants in an accident registered under the European Protocol is obliged to submit a notice to their insurance company within 5 days. This applies to both the culprit and the victim.

During this time, the driver of the car can submit a notice for consideration in one of the following ways:

Visit the insurance company in person or deliver a valid notice to your insurance agent. It is important to keep a copy of the notice with you. On the reverse side, the receiving employee must confirm in writing that the document has been accepted, date and sign. Sometimes agents offer to hand over a copy instead of the original. You should not agree to this proposal, since in the end it will turn out that the protocol was not transferred at all, because the insurer did not receive the original. Some companies issue receipts or acts of acceptance of notices to clients.
Send by post. In this case, it is also important to keep confirmation of sending. To do this, select a registered letter with a notification and a list of attachments. As a result, the policyholder will have a notification in his hands, which will confirm the fact of receipt of the letter and an inventory of the attachment, certifying that it was the European protocol inside.
Submit the information to the emergency commissioner. These road assistants are at the scene of an accident faster than the traffic police. They offer a full range of services from drawing up a European protocol to collecting payments from the insurance company. But the trap is that they themselves are usually employees of insurance companies. And it is their interests that they stand in the first place to guard. Therefore, when agreeing to convey a notice in this way, you need to be on the safe side. To do this, you should obtain a receipt with an obligation to transfer documents and draw up an agreement.

Attention! Regardless of which option is chosen, it is necessary to retain documents confirming that the deadline has been met for 3 years. This is the general statute of limitations applicable in cases of this nature. During this period, the culprit may receive recourse claims against his insurance company.

Rules for calculating the term

After completing the European protocol, it is important to observe two periods:

5 days - to submit a notice,
15 days – for repairs.

The five-day period begins to run the day after the accident. It only applies to working days. Weekends and official holidays are not taken into account. The calculation example for 2019 is as follows:

On September 2, 2019, an accident occurred and a European protocol was issued;
The deadline for submitting the notice is September 9, 2019;
September 7 and 8 are excluded as holidays.

However, from November 2019 the situation may change. The deadlines will remain the same, but notices can be submitted online.

For this purpose, a special application is being developed that anyone can install on their gadget. With its help, you can fill out a European protocol, upload photos of damage and immediately send a notification to the insurance company. Refusals due to late notice are likely to be a thing of the past.

What to do if the deadline under the European protocol is missed

However, sometimes this deadline is missed, the reasons may be valid or not. The question arises of what to do in this case.

There may be several reasons for missing the notification deadline. Among them:

Respectful. The policyholder objectively could not fulfill his obligations and submit the report, for example, he was hospitalized. In such situations, it is necessary to retain supporting documents.
Interference artificially created by the insurance company. Unfortunately, some companies are guilty of this. Under various pretexts, they delay the acceptance of documents, refuse, citing minor or even non-existent errors in the execution of the notice, take a copy instead of the original, etc. The result will be the same: the driver will be told that he missed the deadline for submitting the notice. If an insurance employee creates such situations, then it is necessary to request a written justified refusal. Most likely, the client will be denied this. But they won’t be able to ban video recording. This will serve as evidence in court.
Outright forgetfulness or inattention of the driver. This is where it is most difficult to correct the situation, because there will no longer be an excuse.

Attention! In each of the described cases, the insurance company will try to refuse to pay the victim, and the culprit may be subject to recourse claims.

If the reasons are valid, then you should start by filing an application with the insurance company. Perhaps they will accommodate the client halfway and fulfill their obligations before the trial. If this does not happen, then all that remains is to apply to the court with a petition to restore the deadline missed for valid reasons. Typically, the courts satisfy such requirements if the policyholder contacts the company at the first opportunity.

If the notice could not be submitted due to opposition from the insurer, then you should start with a complaint from the RSA. At the same time, you need to prepare for the trial.

To do this, it is advisable to contact a car lawyer with experience in such matters in advance.

If the deadline is missed due to the insured’s negligence, there is no point in going to court. Refusal to pay or recourse will be legal. Therefore, the matter should not be brought to trial. It would be more effective to contact the insurance company and try to agree on an installment plan for recourse claims.

European protocol for road accidents in 2019 - rules for registering road accidents according to the European MTPL protocol

To register the scene of an accident, drivers prefer to call traffic police officers. But it’s worth knowing that the European accident protocol in 2019 will significantly help save you time in case of a minor collision.

Rules for drawing up the European Protocol in case of road accidents

Europrotocol is a simplified registration of road accidents by drivers, without the presence of State Traffic Inspectorate employees. This scheme began to operate in Russia in 2009, but so far it has not found universal acceptance among car enthusiasts. Whether this is due to the responsibility that drivers do not want to take on or to the amount of insurance payments is not yet known.

You receive an accident notification form (Euro protocol) complete with your insurance policy when you sign up for an MTPL agreement. The basic and most important rules for filling out the form will be indicated on the third page of the notice. It is necessary to familiarize yourself with them in advance, since the X-moment can occur at any time, even after leaving the insurance company’s parking lot.

Simplified accident scene registration can only be applied if the following aspects are met:

Only two cars were involved in the accident;

Damage was caused exclusively to vehicles;

Drivers and other road users were not injured;

Both participants in the accident have a valid MTPL policy;

The drivers have no disagreement regarding guilt and damage caused.

Damage should not exceed 100,000 rubles (or 400,000 rubles, but only in cases where the circumstances of the incident are recorded using technical video monitoring equipment that records not only the image, but also the time of the event, as well as the coordinates of the vehicle (GLONASS/GPS system)).

If at least one of these points is not met, the insurance company will invalidate the European protocol, and this will lead to a refusal to pay you money. Therefore, you should call the traffic police.

Deadline for submitting the Europrotocol to the insurance company

After an accident, when everything is formalized, you must submit the European protocol form to the insurer within 5 working days. This should be taken into account. that the filing of an application by the victim later than this period does not deprive him of the right to receive insurance payment.

It is important to know that in addition to the notice, the injured party must also provide an application for making payments. But this does not mean that the culprit does not go to the insurance company with a European protocol. Both participants should contact the company where they have their liability insurance.

The information provided to the insurance company by the culprit and the victim will play a big role in making insurance payments, as well as in further prolongation of the policy.

For any failure to comply with the rules of compulsory motor liability insurance, there is a high risk of not receiving funds or referral for repairs. In addition, this will entail legal proceedings, which in turn will take up a large amount of your time.

Deadline for contacting an insurance company under the European protocol

The MTPL law establishes strict deadlines for submitting a European protocol to the insurance company for both the culprit and the victim. Drivers have 5 working days to contact their insurer. If they fail to meet this time period, those involved in an accident may lose their insurance guarantees.

The culprit who fails to meet the 5-day deadline will be forced to pay for the repair of the damaged vehicle from his own pocket. But not immediately, but after some time. The car he damaged will no doubt be repaired by the insured, with one big BUT!

One fine day he will receive a regressive claim under OSAGO, which will contain a convincing message with a claim for damages. You should not hope for a miracle; if the deadline for submitting a notice is missed, you will have to pay, since this provision is clearly reflected in the law on compulsory motor liability insurance (Article 14, paragraph 1g).

The victim must also submit his copy of the European protocol no later than 5 days from the date of the accident. If this period is not met, the insurance company has the right to refuse to pay or provide repairs.

After submitting a notification about an accident, it is prohibited to repair the vehicle for 15 days

The thesis applies to both participants. The consequences may be similar to those of failure to comply with the deadlines for submitting the European protocol to the Investigative Committee. This is due to the fact that an employee of the company in which the car is insured must inspect it and compare the damage to eliminate suspicion of fraud.

If the matter is urgent and the car needs to be repaired in a short time, you need to act independently. As a rule, you are invited to an inspection by registered mail or by telephone. It is possible to skip the painful wait and come to the insurance company yourself to provide a car. After the inspection, written permission is issued to carry out repairs ahead of schedule.

Payment terms under the European protocol

By law, the auto insurer is required to provide cash or repairs to the victim's vehicle within 20 days from the date of filing. At the same time, national holidays that are non-working days are not included in this period.

Thus, motorists should remember the deadlines that must be observed according to the European protocol. The rule looks like this: 5-15-20. It's simple, from the sum of the first two digits the third is obtained. You can come up with your own association, but it’s better not to get into an accident and be healthy.

Deadlines for applying under the European OSAGO Protocol, when to submit documents

Every car owner will agree that registering a traffic accident without the participation of police officers significantly saves time and money. Insurance companies allow policyholders to register road accidents on their own; for this purpose, there is a special notification form of the European standard, which appeared in Russia almost 10 years ago.

But despite its attractiveness at first glance, drivers who are unaware of the intricacies of registration can easily miss the deadline for applying under the European OSAGO Protocol or fill out the form incorrectly. As a result, there is a high risk of being left without compensation and losing time to clarify the details of the incident in court.

When is the Europrotocol drawn up in 2019?

As is clear from the above, the European standard notification form is intended for participants in a traffic accident who want to resolve the current emergency situation on their own, without attracting the attention of traffic police inspectors. Issuing a simplified certificate allows you to clear the roadway in the shortest possible time and not interfere with other vehicle traffic.

Also, it is more profitable to draw up a Europrotocol if the accident was not significant and calling the traffic police would be a waste of money, since in this case the culprit will be identified, who will subsequently have to pay a fine for violating traffic rules.

Undoubtedly, this type of filling out the Euro Protocol form has many advantages, but it is not always worth resorting to. This type of registration of a traffic accident issued under conditions that are not specified in the law will be considered invalid and policyholders may find themselves left without any payments.

Thus, you can apply under the Europrotocol only if the following conditions were taken into account when drawing it up::

The accident was minor and only two vehicles were damaged.
No harm was caused to any of the participants in the accident.
At first glance, the damage to the vehicle is not significant and amounts to up to 100,000 rubles.
The initiator and the victim are insured with MTPL or Green Card.
Both participants agree with the identification of the guilty party and have no claims against each other.

Only in the cases listed above will it be appropriate to apply the Europrotocol. If at least one of the conditions does not meet this standard for recording an incident, then you cannot record the accident yourself and you will have to call the State Traffic Inspectorate.

During transport accidents, the European Protocol for road accidents according to the rules in 2019 cannot be issued, even if, in addition to cars, the accident involved a pole, a building or any cargo located in the car of one of the participants. That is, the incident must occur exclusively between two cars.

After a visual inspection reveals no deviations from the rules during registration, both participants fill out accident notification forms, which indicate the details of the incident.

On the front side, the insurer must be entered in the Europrotocol, the numbers of the “motor citizen” form, information about the drivers and their vehicles, as well as a diagram of the incident and the date. Be sure to take photographs of the scene and damage to property.

How much can an insurance company pay under the Europrotocol?

Since a European-style notification, as well as drawing up an accident report, involves the perpetrators and victims, the latter are entitled to payment from the insurance company to eliminate damage to the car. An appeal to the Investigative Committee under the European Protocol must come from both sides.

That is, each party must send notices to its insurers. Moreover, the initiator of the incident only gives a notice, but the victim will have to submit an application to receive compensation in kind.

In 2019, if the damage was caused only to cars, then the injured party will pay for repairs at the service station, but the car owner will not receive any money. Based on the information about the accident, the insurer will compare the damage with the actual data by inspecting the car. Everything must be reflected in the protocol, but to calculate the compensation necessary to repair the victim’s damaged vehicle, the insurance company appoints an examination.

Appraisers will conduct an inspection, and only in this case will you be able to receive compensation under the European Protocol equal to an amount of no more than 100,000 rubles. This limit is established in all regions of Russia. If you are a resident of the northern capital or Moscow, then having a modern recorder with the GLONASS system, the amount can be increased to 400 thousand rubles.

What to do after getting into an accident

In order for the insurance company to pay compensation under compulsory motor liability insurance, the participants in the accident must follow a certain procedure.

So, after an accident, according to the European Protocol, drivers take the following actions:

Stop and turn off the car engine.
Make sure there are no casualties.
Put up emergency signs and turn on the corresponding light signals.
Using a phone camera or other video means, record the scene of the incident, and then the damaged areas of the vehicle itself.
Fill out a Euro sample protocol and give part of it to another participant in the incident.
Notify the insurer about the incident.

According to the European Protocol, both parties to the accident must contact the insurance company, but if the culprit has not sent a notice to the insurer, this does not mean that the victim will not receive payments. It is also worth considering the fact that if the amount of compensation for loss exceeds the established limit of one hundred thousand, then the initiator of the disaster will have to pay the missing part from his own funds.

The role of the emergency commissioner

Despite the fact that a simplified version of registering an accident appeared in our country a long time ago, not many car owners want to resort to it. This happens because not everyone knows the nuances of filling out the protocol and the procedure.

But if you doubt the correctness of your actions, there are special people called emergency commissioners. This service can be provided by the insurer itself or for a fee through private individuals.

They provide services for resolving disputes, filling out a protocol, and calling a tow truck. The commissioner will also help determine the degree of harm caused or received and advise on how best to file an accident.

Often, car owners cannot independently determine the degree of harm, which is why controversial situations and litigation occur. Consequently, the service for providing the Europrotocol can be obtained for a separate amount and you can be sure that everything will be filled out correctly.

Necessary documents according to the Europrotocol to the insurance company

The notification forms and the insurer's notification under the Euro Protocol must be provided by both participants to their insurers. But in addition to the protocol itself, there are a number of other necessary documents that will need to be provided to the insurance company. The victim will have a larger list of papers, since he needs to fill out an application under the European Protocol with a request for payment of compensation.

Thus, observing the deadline for submitting documents, the victim must provide the insurer with the following:

Application requesting compensation.
The protocol is filled with the necessary data.
Insurance policy valid at the time of application.
Materials collected from the scene of the incident (photos or videos) confirming the fact of the accident.

Deadline for submitting the Europrotocol to the insurance company

As with standard registration of an accident, policyholders are required to notify their insurance representatives about the incident. But both with the standard protocol and with the simplified one, the application deadlines must be met. It is advisable to notify about the incident on the very first day, since the period for contacting the insurance company according to the European Protocol is limited to 5 days.

The case for compensation will be considered only if the policyholder files a claim. The victim can extend the deadline for submitting the Europrotocol to the insurance company for another 10 additional days if the registration of the accident is handled by the accident commissioner.

Payment deadline

After the policyholders fulfill their part of the conditions for providing information about the accident that occurred and submit a statement to the insurer, he must inspect the car and assess the damage. From the moment the application is received, participants in an accident are prohibited from repairing their vehicles or disposing of them.

The insurer is obliged to carry out an assessment within 15 days and provide information on the calculated amount of compensation. The company has 30 days from the date of acceptance of the application from the victim to pay the compensation itself.

What happens if participants in an accident miss the validity period of the notification document?

Naturally, anyone can miss the deadline for submitting a simplified protocol, at least due to ignorance of the 5-day limit, as well as due to insurmountable circumstances (illness, business trips, etc.). If the victim misses the deadline for filing a notification about a road accident, the insurer has the right to refuse payments.

If the guilty policyholder did not do this, then he will pay the victim independently. In such situations, insurance companies use recourse claims, which involve collecting money from the policyholder in court. These funds will be used to repair the vehicle to the injured party.

European protocol on compulsory motor liability insurance: how to draw up, submission deadlines, requirements and options for receiving payment

Not every car enthusiast knows what MTPL Europrotocol is. It is necessary to understand that this particular document can significantly simplify the procedure for registering an insurance event. In this article we will look at what it is, how to fill it out correctly and within what time frame to submit it to the insurer’s office so that payments can be made without problems.

What is the Europrotocol

The Europrotocol is an official document, thanks to which you can independently record an accident and receive compensation.

Thanks to the notification, you can significantly save personal time and money, since there is no need to wait several hours for traffic police officers or spend money on paying for the services of an emergency commissioner.

How to draw up a European protocol is indicated in the document itself, on the reverse side or in the MTPL insurance rules. If necessary, each client can receive qualified assistance regarding filling out the European protocol from our specialist on the website, which operates 24 hours a day, completely free of charge.

In what cases can the Europrotocol be used in Russia?

Within the framework of the law, participants in an accident can independently resolve the issue if:

no more than two cars are involved in the accident;
the driver and passengers were not injured;
the amount of loss does not exceed 100 thousand rubles;
both have valid MTPL policies;
the participants voluntarily decided who was guilty and signed the notice.

Important! As for the minimum limit, it is set for all Russian cities except Moscow and St. Petersburg + region. For these territories there is an increased limit of RUB 400,000.

How does the European protocol work in case of road accidents in 2019?

In fact, the accident registration scheme according to the European Protocol is very simple and takes no more than 20 minutes.

All you have to do is:

Determine the amount of damage received. To do this, both parties are required to decide who is the injured party.
Draw up a notice in accordance with all requirements.
Within 5 working days, visit the insurer’s office and write a statement about the insured event.
Provide the damaged car to an authorized employee to conduct a visual inspection in order to determine the damage received.
Receive compensation or direction to the station.

Important! The insurer must make a payment or issue a referral for repairs within 20 days from the date of provision of a complete set of documents. If the organization violates the deadlines, you can file a claim and go to court.

What does a document for registration of an accident on your own look like?

Unfortunately, many motorists do not even know what the notice looks like, which should be filled out when an insured event occurs. You should know that the form of the form is approved by Order of the Ministry of Internal Affairs No. 155.

A standard package of documents consists of two forms fastened together, with a self-copying side. Also on the document (on the reverse side) there are clear instructions for filling it out. As for color, documents are printed in blue as standard.

Where can I get the European protocol form?

When concluding compulsory motor liability insurance, an employee of a financial institution is obliged to issue the client two forms for recording an accident. But what to do if the policy was purchased online or the forms were not received? Nothing wrong with that.

It is important to consider that only one form is required to record an emergency. It doesn’t matter at all what company it will be from.

If you have issued an electronic compulsory motor liability insurance, we suggest downloading the European protocol form on our insurance portal.

What should a driver do after being involved in an accident?

Often, when a car owner gets into an accident, he immediately gets upset and forgets what to do. In fact, everything is very simple.

The driver who is involved in an accident must:

Will stop. The most important thing to do is to stop driving and leave the car in this condition until the accident is recorded.
Put up a warning triangle. According to the rules, the sign must be at least 15 meters from the vehicle.
To take pictures. The main thing is to take a general photo, detailing the damage and the cars with license plates.
Take the coordinates of witnesses and find out if there is a CCTV camera nearby.
Issue a notice.

How much can an insurance company pay under the European protocol?

Payments under compulsory motor liability insurance under the European protocol depend on the region in which the owner of the car is registered. As for the maximum limit, it is equal to 400,000 rubles. This bonus was received by car owners living in Moscow, St. Petersburg and, accordingly, in these areas.

Other motorists can resolve the issue on their own if the amount of loss does not exceed 50,000 rubles.

Under what conditions will it be possible to use the European protocol with a limit of 400,000 rubles?

To receive money, each traffic participant must comply with general requirements.

provide photographs from the scene of the accident or video recording;
report any damage received;
file a case using the GLONASS system (navigation system).

What is the procedure for filling out the Europrotocol form?

In order for a financial institution to make a payment, the document must be filled out correctly.

How to draw up a European protocol:

information about the accident: place, date, number of injured cars;
Vehicles involved in the accident: make and model, VIN number, license plate;
owner: full name and address;
drivers: full name, license number and date of birth;
insurer: company name, form number and validity period;
nature of damage;
accident diagram.

circumstances of the accident;
indicate the vehicle details if more than 2 cars are involved in the accident;
can the vehicle move under its own power;
Notes: important details of the insurance event.

What should be shown on an accident diagram

If you decide to fill out the notification yourself, it is important to correctly draw up an accident diagram.

The diagram should reflect:

in what direction the cars were moving;
state registration plate;
contours of the road part indicating the street;
all important items that relate to the fact of the accident.

Application and payment deadlines

Within the framework of federal law, the processing time under the European Protocol is 5 working days. If the driver provides documents after the specified period, the insurer may officially refuse payment.

As for payment, the company is obliged to transfer funds to the victim’s account within 20 days after providing the last document.

Is it possible for the person responsible for the accident to later challenge the notice that he signed earlier?

This is relevant if the culprit signed the document through negligence or under pressure from the other party. Unfortunately, there is no practice of challenging a document in Russia. You can, of course, draw up documents and try to get justice.

In practice, such cases are considered on an individual basis. Experienced experts always recommend thinking carefully before signing. Please know that you can always make the case official.

Receiving a Refund

The injured party in an accident under the European Protocol is obliged to receive payment. Due to recent changes, a financial institution can not only pay money, but also issue a referral for repairs.

Repair according to European protocol

In this case, the payment procedure occurs as follows:

the insurer issues a direction to the station;
the victim provides a car for repair work;
The owner shows the repaired car to a representative of the insurance company.

If the damage is more than the amount according to the European protocol

But what if the amount of loss is higher than the established loss? In this case, the victim will have to compensate part of the costs from his own funds.

If the culprit has not sent a notice to the insurer

The Europrotocol form is a mandatory document to receive payment. Based on it, the insurer can determine when the accident occurred and who was at fault.

What to do if the culprit does not go to the insurance company

Within the framework of the law, the insurer has the right to ask the culprit to come and provide the car for a visual inspection. However, if the culprit refuses, the injured party still receives payment. In this case, the financial organization has the right to impose recourse claims against the culprit.

Refusal to pay

Some motorists are denied compensation. What is the reason for the refusal? In fact, there may be several reasons:

there are corrections in the document, which is categorically unacceptable;
European protocol without compulsory motor liability insurance (when one participant in an accident has no protection);
the document was submitted after 5 days;
the injured party did not show the car;
no photos;
traffic rules are not followed.

Answers to important questions:

In this section we will answer the most frequently asked questions that motorists have when preparing a notice.

How can I get more information about the Europrotocol?

You can always make a request for the necessary information from a consultant on our portal, who works 24 hours a day. Information is also available by calling the customer support service, which is indicated on the back of the OSAGO form.

Why are witnesses needed?

In the event of a controversial situation in court, it will be necessary to present witnesses. Therefore, in case of an accident, you should take the coordinates of citizens who can confirm whose fault the accident occurred.

If your car is stopped after an accident, what should you show to the police?

In this case, you simply need to show a copy of the completed European protocol.

Is it necessary to photograph what happened, if so, how should it be done?

Yes, photographs are required to receive compensation. Should do:

general view, where you can see the location of cars, signs and the area of the accident;
both cars with license plates;
braking path;
damage received.

Is there anything else that can be done to ensure that no difficulties arise during subsequent proceedings?

Of course, the injured party can always shoot a video, take contacts of witnesses and find out if there is a street camera that could record the accident.

The form has been filled out; photographs have been taken; telephone numbers of witnesses have been received; what to do next?

It is necessary to register the case with the insurance company within 5 days after the accident.

Is an emergency commissioner required when drawing up a European protocol?

Within the framework of the law, it is not necessary to use the help of an emergency commissioner.

Registration of a European protocol for CASCO

If the guilty party has a CASCO policy, then you need to call a traffic police officer and record the case. A notification in the event of an accident in CASCO is not accepted as a document confirming the fact of the occurrence of an insured event.

European protocol for non-contact road accidents

In this case, the document is not drawn up, but a traceological examination is carried out.

Is it possible to issue a European protocol if one of the vehicles is not registered in our country?

Actions in case of an accident are the same for everyone. The main thing is that the foreign driver has an MTPL policy or a Green Card.

Is it possible to use the European protocol if more than 2 vehicles are involved in an accident?

No, in such a situation you will need to call the traffic police or an emergency commissioner.

What to do when people have suffered damage to their health in an accident

In this case, you should call an ambulance and the case should be officially recorded.

Is it possible to submit a notice to the insurance company in which there are contradictions between the information about the accident provided by the participants?

No, because the company will not be able to make a payment if a dispute is identified.

To summarize, it can be noted that within the framework of compulsory motor liability insurance, drivers can file an insurance claim on their own. A notification form in case of an accident has been established specifically for this purpose. In this case, you should take into account the basic rules, such as: the deadline for submitting documents and the rules for filling out the notice.

If you have been in an accident, we invite you to share your experience and tell our readers how you received payment under the Europrotocol.

If necessary, you can always seek help from an expert on our portal, who will help as quickly as possible.