If the culprit did not bring the European Protocol. Europrotocol

For many car owners, registration of an accident according to the Europrotocol is something new and not entirely clear. They did not know at all that the perpetrator of the accident, with this method of registration, has some obligations that must be fulfilled.

In what cases is it possible to use the Europrotocol in case of an accident? This becomes possible if there are certain factors: the accident involved two participants who came to a common opinion about the culprit, both have OSAGO policies, there is a notice form (Europrotocol), the damage, according to the victim, does not exceed 50 thousand rubles, no one suffered, only the property of the drivers was damaged.

If all of the above factors coincide, only then can you draw up the Europrotocol on your own. It is worth paying your attention that after the preparation of this document, such obligations appear for the culprit of the accident, without fulfilling which he may suffer financially. Because he will have to deal with insurers. What exactly is at stake, we will try to figure it out in this article.

Not always the participants in the accident on the road want to call the traffic police. Therefore, if there is the slightest opportunity, they try to solve the problem on their own.

Determining the culprit of the accident is the most important point. If no contradictions have arisen, both drivers have an OSAGO policy, no damage has been caused to health, and only cars are damaged and the damage is not more than 50 thousand rubles, then a Europrotocol can be drawn up.

There were no special problems in the preparation of the document, the most important thing in this situation is the presence of a form. A notice filled out by drivers after an accident must be submitted to their insurance company within 5 days.

How to do it?

You can use the mail service, but it’s better not to do this, since you don’t have so much time for delivery.

Therefore, it is best to do it yourself. At the office of the insurance company, you will be given a special document with a seal confirming receipt of the notice.

Be sure to make a copy of the notice.

In the event that you nevertheless decide to send a notice by mail, do it only by registered mail with a notice. A description of the attachment is also required.

Also use a fax and send a notice to the insurance company. After all the procedures, you should have an inventory and a notification of receipt of the letter in your hands.

At the next stage, you should receive a letter from the insurers demanding that you submit the vehicle for inspection. You have exactly 5 days to do this from the date of receipt of the letter.

Note! The insurance company must send you a claim only in writing. If the request is made orally, you have the right not to comply with it.

Rules for filling out the Europrotocol

How to fill in the reverse side of the notice?

Since you will be filling out the notice yourself, first familiarize yourself with some of the intricacies of this process:

• Entries should be made with a regular ballpoint pen. If you use a helium or ink pen, moisture may smear your notes. It is not recommended to draw up a document in pencil, as it can be easily erased and the facts manipulated;

• In this situation, it does not matter who fills out the notice. Only one form is needed.

On the reverse side of the document, drivers independently enter information about the accident, as well as the vehicles involved in it.

In the event that there is not enough space on the back of the notice, you can add the facts on a separate blank sheet.

Important! If you have made entries on an additional sheet, be sure to indicate this fact on the back of the notice. Also specify who exactly made these records.

Recently, almost all cars are equipped with DVRs. If in your situation there is a video recorder recording, then this is a good help in resolving the situation.

Be sure to indicate the presence of the record in the notice, and send a copy of it to the insurance company. When filling out the notification cells, put a checkmark or crosses. If there is nothing to fill in some columns, put a dash, write the word “no” or the letter Z.

Contacting an insurance company after an accident

When an accident occurs, its participants, who have an OSAGO insurance policy, apply to the insurance company for damages.

To do this, you need to prepare the following documents:

• certificate of an accident (if there is no Europrotocol);
• notification of an accident;
• a protocol drawn up by the traffic police on an administrative violation;
• documents on the ownership of the car;
• decision on the case of administrative violation;
• driver's license or power of attorney;
• bank account number;
• OSAGO insurance policy.

In addition, the following papers must be submitted:

• the results of an independent examination (if it was carried out);
• receipt of payment for expert services;
• documents confirming the payment for the tow truck and storage of the car in the parking lot.

All papers are accepted by insurers according to the inventory.

Note! All documents submitted to the insurance company must be photocopied.

In the event of a conflict between you and your insurer who does not want to fulfill their obligations, write a complaint to the manager of the insurance company.

Support your claims with documentary evidence. No more than 5 days are allocated for consideration of the complaint and giving a response after its receipt.

You can only apply to the court if you have made every effort to resolve the situation out of court.

How are OSAGO compensation payments made?

If the accident is recognized as an insured event, you can receive compensation in cash at the cash desk of the insurance company, or ask to send money to your bank account.

In the event that you issued an OSAGO policy after an amendment to the law on compulsory civil insurance was introduced in April 2017, then most likely you will be offered to restore the car at a car service with which the insurer signed an agreement.

If the culprit has an OSAGO insurance policy, his insurance company will reimburse the damage to the victims. The culprit himself repairs his property damaged in an accident at his own expense.

What is the amount of compensation for victims under OSAGO?

• The maximum amount of payments for damage to property is 400 thousand rubles. This amount is paid to each victim;

• If the life or health of the victim was damaged, the amount of payments will be 500 thousand rubles.

These amounts of payments are established by law and are valid for each insured event. They do not depend on the number of accidents that have occurred during the validity of the insurance, or on the insurance company where the victim applied.

What happens if you do not notify the insurer about the accident

regression procedure.

In the recourse procedure, the perpetrator of the accident is obliged to return to the insurers the funds that they spent, compensating the damage to the victim.

There are not always grounds for recourse. Let's look at cases where insurers can exercise this right.

The reasons why the recourse procedure can be applied are described in Art. 14 "Law on OSAGO".

Usually, the victim's insurance company pays for the insurance. Later, the insurers of the driver responsible for the accident return the funds to the company of the victim.

The regression procedure resembles the situation described above. Only in this case, the funds are returned not by the insurance company, but directly by the culprit of the accident. All this happens through the court.

The insurance company draws up a statement of claim in court against the perpetrator of the accident demanding compensation for their expenses.

Why sometimes the culprit of the accident, who has insurance, still has to spend his finances on the victim?

As we already mentioned at the very beginning of the article, after the independent execution of the Europrotocol, the participants in the accident have certain responsibilities.

Recourse is possible in the event that the perpetrator of the accident did not fulfill the main requirement - did not send the insurer a copy of the notice filled out after the accident within 5 days after the accident (clause “G”, clause 1, article 14 of the “OSAGO Law” ).

That is, if the insurer paid compensation to the victim in the amount of 400 thousand rubles, and the culprit of the accident did not bother to send a corresponding notice to the insurance company, then he will personally have to reimburse the insurance company's expenses. In addition, legal costs should also be added to these embezzlements.

How will the situation develop when the perpetrator of the accident did not deliver the car for inspection to the insurance company, although he received a corresponding written request, or started repairing the vehicle earlier than 15 days from the date of the accident?

In this case, the recourse procedure is also carried out (clause 3, clause 1, article 14 of the Law on OSAGO). This article states that if within 15 days after the accident on the road, repair or disassembly of the car begins, then this action is a violation of the law. Accordingly, the insurance company has the full right to the recourse procedure.

When the cars are not presented for inspection to the insurance company within 5 days, the insurer also has the right to apply recourse to the person responsible for the accident.

So, we have listed all the requirements that an insurance company can present to you if you yourself issued a Europrotocol after an accident.

Since then there have been some changes. From July 1, 2015, the so-called fine for not leaving accident scene. If a minor accident occurred, which falls under the possibility of issuing the Europrotocol, but the participants in the accident called the traffic police, then this fine is assigned. Its size is 1000 rubles. In theory, this fine should encourage drivers to resolve the issue themselves, without the traffic police. That is, do not wait for inspectors, draw up a Europrotocol and remove cars from the road. This should unload the roads from traffic jams due to minor accidents.

It is noticed that the Europrotocol has become more popular. According to RSA statistics, Last year motorists began to use the opportunity to issue a Europrotocol in 25% of cases, against 10% last year. And in St. Petersburg so generally 35%. However, there are many questions about this procedure for registering an accident. The most common ones are listed below, along with comments from automotive experts and PCA staff.

Europrotocols started to be drawn up more often because of the fine?

The introduction of a fine for not leaving the scene of an accident may have played a role in the increased popularity of the Europrotocol, but very little. Because of the fine of 1000 rubles, people would not risk payments. Here, the increased amount of information in the media, which explains the nuances of this type of registration of an accident, was more affected. In the event of minor accidents, drivers increasingly prefer to issue a Europrotocol and leave as soon as possible, rather than wait for inspectors and pay a fine.

What if the culprit does not admit his guilt?

Everything is simple here. If the culprit pleaded guilty - you can draw up the Europrotocol (if all the accidents fall under the terms of the Europrotocol). Moreover, most of the accidents are when one car drove into another from behind. In this case, it is foolish to deny your guilt, and so everything is clear. If the second participant is categorically against the registration of the Europrotocol, or behaves inappropriately, then it is worth calling the police.

What if it is impossible to accurately assess the damage in an accident?

The Europrotocol can be drawn up if the damage does not exceed 50,000 rubles. The vast majority of accidents fall under this limit. Road accident inspectors go to them last, giving preference to severe accidents with victims. Yes and no need for accurate assessment, this should be done by the appropriate specialists in the insurance company.

And if the damage turns out to be more than 50,000 rubles, then the insurance company can refuse to pay?

According to the Europrotocol maximum size the insurance payment to the victim can be no more than 50,000 rubles. If the amount of damage turned out to be more, then the insurance company cannot refuse, just the victim will receive these same 50,000 rubles. And the rest is collected from the culprit.

Is it difficult to file an accident report yourself?

An accident notification form must be issued when purchasing an OSAGO policy. If not issued, you must demand it from the insurance company. The form is not as complicated as it might seem. The main thing is to fill out the form carefully and accurately, and after filling it out, check all the data, both your own and that of another participant in the accident. In addition, it is recommended to take a picture of the place of the accident, damage to cars, the policy number of the second participant and his driver's license.

If I call the traffic police and say that as a result of an accident I received bodily injuries, will it be necessary to draw up a Europrotocol and pay a fine for not leaving the scene of an accident?

No, it won't be necessary. But in this case, you may not receive a certificate of an accident for a year, at the time of the administrative investigation in the presence of victims. And the culprit of an accident can remain without a license for up to two years.

Is it true that insurance companies find fault with every comma in the notice and try not to pay?

Previously, for compensation for damage under OSAGO, one had to apply to the insurance culprit. And now, when they introduced the principle of direct indemnification (DDR) - in their insurance. And the insurance company where you bought the policy is not interested in spoiling relations with the client so that next year you buy the policy here. You just need to be more careful with filling out the notice.
If the insurance company still refuses to pay, then a written refusal must be required. This refusal can be attached to the claim and sent to the insurance company. If this does not help, then you should write a complaint to the PCA, it always helps.

If the culprit of the accident does not give his copy of the notice to the insurance company, then they can refuse to pay?

No, they can't. If everything is filled out correctly and checked, then you can leave. Each participant in the accident must submit a notice to his insurance company. If the perpetrator of the accident does not do this, then the damage will be calculated according to the data of the victim. And in any case, the damage will be recovered from the culprit, this is prescribed in the law on OSAGO.

If the culprit does not come to the insurance company and does not show the car, will there be a payment?

The insurance company may require to show the car of the culprit, as described in the OSAGO contract. But in this case, none of the participants in the accident will be tied to the place and time, you can choose the time of the inspection yourself.
Even if the culprit of the accident does not come to the insurance company and does not show the car, the insurance company cannot refuse to pay the victim. It’s just that the culprit will be charged damages on a recourse claim, as prescribed in the OSAGO law.

Will there be a payment if the culprit of the accident had a fake OSAGO policy and left the scene of the accident?

You have to be very reckless to forge an OSAGO policy, because this is a serious violation. Leaving the scene of an accident is a no less serious violation, in which case the violator faces an administrative arrest of up to 15 days or deprivation of a driver's license for up to a year and a half. And the victim will still receive a payment from his insurance company.

Increasingly widespread is the registration of accidents without the participation of traffic police officers, when drivers have to act independently.

But unfortunately, not all car owners know how to file an accident themselves. And in vain. Because this is a very convenient thing, but illiterate registration of an accident most often leads to the inability to receive insurance compensation.

Europrotocol, what it is, how it works, how reimbursement works and what pitfalls can be - you will learn all this from this article. Ready? Go!

Europrotocol is the execution by drivers of documents about an accident without calling traffic inspectors. That is, it is an opportunity for the drivers themselves to receive reimbursement for. Valid throughout the Russian Federation.

The main advantage of the European protocol is that you do not have to wait for the arrival of the traffic police and filling out paperwork. And also do not have to pay for traffic violations. Other drivers also benefit from this, because those involved in an accident can almost immediately clear the road, which means there will be no traffic jams.

In what cases can the Europrotocol be applied?

Not every accident can be registered without the participation of traffic police officers. All of the following conditions must be met:

• Only two vehicles were involved in the accident., and apart from them, nothing is damaged;
• no casualties of people;
• both drivers are insured under OSAGO or "Green Card";
• participants in the incident have the same view of the circumstances incident, culpability, amount of damage.

It is also worth calling the police when the opponent behaves inappropriately, threatens or. In addition, there is a limit on the amount required to repair damage. Read about it in the subheading: “What is the amount of the payment”.

It is possible to file an accident with the participation of an emergency commissioner, but at the same time, the meaning of the Europrotocol is lost: do everything quickly and independently, and leave.

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

The only document about an accident to receive compensation under the “autocitizenship” under the Europrotocol is the Notice of an accident, which is why the document itself is often called not a “Notice”, but a “Europrotocol”. By the way, it is also necessary to fill it out when registering an accident by police officers.

Its form was approved by order of the Ministry of Internal Affairs No. 155. The standard set includes two connected forms, with a self-copying side and instructions for filling out. Usually blue.

The front side is self-copying, filled in by the road accident participants together. Back - each driver separately. The document indicates information about the participants in the accident, the circumstances of the incident, the scheme of the accident, the nature of the damage. The signatures of the participants are required, and under the Europrotocol, an admission of guilt by one of them is also required.

Where to get the Europrotocol form

Two sets of forms of the Notice are issued free of charge to each insured when purchasing an OSAGO policy. If for some reason you do not currently have these forms, you can also get them free of charge at any representative office of the UK.

To record one accident, one set of the Notice is enough, and it does not matter which driver provides it. If necessary, you can ask for it from passing drivers or take it at the nearest IC office.

Is it possible to print the Europrotocol yourself

Sample forms are freely available. They can be downloaded from the official website of the RSA or. Moreover, self-printed forms have the same force as those issued by the IC, because there are no regulatory documents on appearance and the method of filling out the forms, with the exception of the order that approved the form.

That is, an accident can be issued on self-printed forms. But I do not recommend doing this, because:

1. original forms - self-copying, that is, you will have to write half as much on them, and there is no possibility of information discrepancy between the two sheets;
2. The IC can find fault with the "wrong" documents. Of course, such nitpicking is illegal, but you don't want any extra problems, right?

What is the payout amount

Now, with the independent execution of documents for the accident, the insurance company will pay an amount not exceeding 50,000 rubles. An exception is made for accidents that occurred on the territory of Moscow, St. Petersburg, as well as the Moscow Region and Leningrad region when the so-called unlimited Europrotocol can be applied.

Drivers involved in an accident on the territory of the mentioned entities can count on compensation of up to 400,000 rubles if they provide the UK with photos or videos of the accident and damage, as well as the coordinates of the accident recorded using the GLONASS system. It is worth noting that the region of registration of the vehicle or its owner does not matter.

Note. From October 2019, the unlimited Europrotocol will operate under the same conditions throughout the country.

Why is Europrotocol dangerous?

Drivers who recorded the accident by filling out the Europrotocol cannot demand more than the specified amounts from the insurance company. Well, unless they prove in court that they were forced to sign the Europrotocol against their will, which, believe me, is not easy. Therefore, it is very important to remember to what amount a notice is drawn up without the traffic police. If there is not enough compensation to restore the car, claims can only be made against the culprit.

Therefore, both the culprit and the victim need to think carefully about whether the payment of 50 thousand rubles will cover. damage or not. If in doubt, have the accident filed by officials.

Note. Law enforcement officers can quite legally refuse to go to the scene if there are no victims. There are usually two options for those involved in minor accidents:

• draw up a Europrotocol;
• come to the next post traffic police to fix the accident there already with the participation of officials.

An exception is made for cases when a person received bodily injuries during an accident, which manifested themselves after the registration of an accident. In this case, he has the right to apply to the IC of the tortfeasor to receive compensation for.

Application and payment deadlines

In this sense, the Europrotocol is no different from receiving a payment in the usual way. The same 5 days to send the Notice to your insurer, and the culprit is also obliged to do this, otherwise he is threatened with recourse.

The insurer must send for repairs or pay money within 20 days (only workers are considered), as in any insured event. For OSAGO contracts executed after 04/28/2017, there is a reimbursement option when the car owner, in agreement with the insurer, independently organizes repairs at a car service station with which the insurance company has a contract. In this case, the payment must be made no later than 30 days.

Getting a refund

There are two options for receiving compensation:

• car repair shop, with which the UK has an agreement paid by the UK;
• pay Money.

For OSAGO policies purchased from April 28, 2017 for passenger cars owned by citizens, there are new rules for obtaining reimbursement. Now reimbursement by default can only be received in kind.

Repair according to Europrotocol

There are two ways to carry out repairs:

• the insurance company sends the vehicle for repair, which pays for itself;
• the victim, in agreement with the insurer, himself sends his car for repair, the insurer pays for it again.

In both cases, the service station is selected by the victim from the list proposed by the UK. When carrying out the settlement of losses according to one of these options, the depreciation of the vehicle is not taken into account, unlike all other methods of obtaining compensation.

In exceptional cases, you can also receive monetary compensation. According to the Europrotocol, these situations can be:

• repair cost exceeded the limit compensation under the Europrotocol;
• the insurer cannot organize repairs at the service station, corresponding to the requirements of normative and legal acts;
• the victim is disabled who has a vehicle in accordance with medical indications;
• by written agreement with the insurer.

Separate consideration, in my opinion, is the first point, since it is the most typical in the preparation of the Europrotocol.

If the damage is greater than the amount under the Europrotocol

As I already wrote, for most cases, the maximum payment for self-registration of a traffic accident is 50,000 rubles. And it happens that drivers incorrectly assess the damage at the scene of the accident, a detailed examination reveals hidden damage, and the amount of damage exceeds the allowable amount according to the Europrotocol. It is impossible to demand more than the amount established by law from the UK. Therefore, two options are possible:

• repair at the service station from the insurer with your surcharge (which can then be demanded from the culprit in a civil manner);
• receiving monetary compensation. But in this case, the payment will be made minus depreciation.

Which option to prefer should be looked at separately for each situation.

If the perpetrator did not send the Notice to the insurer

This situation must be considered in two directions: for the culprit and the victim. If the tortfeasor did not fulfill his obligation to send to his insurer the part of the notification form belonging to him at all or did not bring it on time, then he, according to paragraphs. "g" paragraph 1 of Art. 14 of the Federal Law "On OSAGO" will receive a recourse claim from the UK. All the money spent by her to compensate for the damage will have to be paid to her by the tortfeasor.

For the victim, this should not play any role. If he fulfills his legal obligations, he is entitled to receive compensation. He is not obliged to be responsible for the actions of the other party. Clarify the relationship with the culprit should SC.

So, if the IC refuses to settle the damages because the guilty party did not provide the Notice form, know that this is illegal. And you can get a refund.

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

The same applies to failure to present the vehicle for inspection. The victim should not suffer from the actions of the opponent. The culprit did not show the car to the UK at her request - he will receive a recourse.

The victim should not be concerned. He provided Required documents– is entitled to a refund.

Refusal to pay

First, you need to understand why the IC refuses to compensate for the damage. Usually, under the Europrotocol, insurers cite one of these arguments as a justification for refusal:

• filling errors notices;
• default by the perpetrator in law.

If the Europrotocol is indeed filled with errors (which happens quite often when drivers fill it out for the first time, they get worried), then the simplest and most effective method The solution to this problem will be to agree with the opponent and together with him rewrite the Notice.

Very rarely, ICs find fault with minor flaws that do not affect the correctness of the document. This is already a false denial.

And the second reason mentioned above is also the most common - the tortfeasor did not show his car, did not hand over the Notice, etc. These circumstances do not provide a legitimate reason to refuse compensation, so you will have to seek justice through a complaint, pre-trial claim, and possibly litigation . But the law is on your side, so do not hesitate to defeat the insurer in court.

There are also cases that are common to any procedure for registering an accident, for example, when the insured did not notify the insurance company on time. All these cases are also analyzed in the article, to which the link is given above.

• use Europrotocol, it's really fast and convenient;
• correctly assess the damage, in case of doubt, refuse the simplified design;
• carefully study how to write a Notice, carefully check the correctness of its compilation. Instructions are always attached to the forms;
• don't forget the need send a notice to the SC, mandatory for each of the participants;
• remember the obligation to provide a car for inspection. It is impossible to repair the vehicle before the end of the period of 15 days from the date of the accident (excluding non-working ones).

Conclusion

Now, I think you have a good idea of ​​what the Europrotocol is and when it really should be applied.

Have you ever dealt with an accident yourself? Or maybe you have questions about the topic of the material? In both cases, there is a comment form for communication. Write boldly!

Video bonus: 5 brutal body kidnapping cases.

Insurers analyzed how the registration of accidents works without the traffic police. It turned out that an auto citizen may not protect the culprit of a small accident from paying for damages. If, when drawing up the Europrotocol, he does not comply with the relevant rules, he will have to pay out of his own pocket.

Insurance companies have already begun issuing recourse claims against such sloppy culprits. And you can be sure that the court in this situation will take the side of the insurer.

Recall that the Europrotocol is a simplified way of registering an accident without calling the traffic police. The conditions are simple. You can use it if only two cars were injured in the accident, there are no victims, both drivers are insured under OSAGO. And they agree with the circumstances of the accident.

They need to photograph the scene of the accident with the cars, the cars themselves from different angles, the places of damage. Then you need to drive the cars out of the way, fill out an accident notice. This form is issued together with the OSAGO policy.

Compliance with the rules of registration of the Europrotocol will allow you to receive a payment and not remain in debt

It must clearly indicate the circumstances of the incident, data on drivers, damage to cars, draw a diagram of the incident. Note who did what. Each driver must sign their part of this notice. After that, having divided the notice, each of the participants in the accident must take his sheet to his insurance company within five days.

And then two drivers met on the road. Damage to cars well fit into the amount. We decided to disperse without calling the traffic police, without blocking the road and without creating problems for other drivers. Both drivers have heard about Europrotocol and wanted to take advantage of it.

Having completed all that was necessary, they dispersed. The driver injured in the accident filed his copy of the accident notice with his insurance company. And this is understandable. Ultimately, it is he who wants to compensate for the cost of repairs. And the other participant in the accident forgot to do it.

He remembered it not within five days, but six months later. When he received a claim in the mail from the insurance company, which paid the victim the appropriate amount under the Europrotocol.

The claim clearly indicated that the perpetrator did not send his notification form to his insurance company within five days, that is, he did not comply with the requirements of the OSAGO law. Due to the fact that the insurance company paid the victim, the right to demand reimbursement of the funds spent passes to it.

The fact is that the victim turns to his insurance company, which pays him money. The insurance company then demands reimbursement from the insurer at fault. But the insurer of the culprit does not know anything about this accident. Accordingly, he not only cannot settle accounts with the opponent company, but does not even have legal grounds for this. Thus, the insurer of the victim has to issue a recourse to the culprit. This is in accordance with the law. AND arbitrage practice in this situation on the side of the insurers.

On the one hand, such requirements do not add to the attractiveness of the Europrotocol. On the other hand, every effort was made to promote the simplified registration of accidents. Most companies even issue a memo, which spells out the entire procedure for processing the Europrotocol.

And compliance with this procedure, apparently, is required not only in order to receive money from your insurer, but also in order not to remain indebted to the insurer of the victim.

Recall that last year almost 224,000 cases were settled under the Europrotocol. The average share of Europrotocol in reported losses is 28 percent. At the same time, the number of refusals in payment under the Europrotocol last year amounted to only 16 percent. This is due to errors in the execution of the notice of the accident.

Infographics "RG" / Maria Pakhmutova / Vladimir Barshev

In the event of an accident, drivers are required to remove vehicles from the roadway if only cars were damaged in the accident and this interferes with the movement of other road users. You must first fix the location of the cars using photo or video recording.

If the guilt of any of the participants in the accident is in doubt or the participants in the accident do not agree with its circumstances, you must call the police (telephone 02, 112 or 911) and follow the instructions of the police officer. Further, the participants in the accident (at the direction of the police inspector) follow for registration of an accident either to the nearest traffic police post, or to the nearest traffic police on duty, where the accident is registered.

If there is no dispute about guilt, and the nature and list of damage to vehicles does not cause controversy, the participants independently (without contacting the police) record the incident and go to the nearest traffic police post or to the duty department of the traffic police for further registration of the accident and obtaining the necessary documents.

In this case, it is necessary to fix the location of vehicles, collision traces and reference to stationary objects (houses, shops, etc.).

You can do without registration of an accident at all if the vehicles or other property of only the participants in the accident are damaged and each of these participants does not need to draw up these documents. For example, each car is insured under comprehensive insurance, damage is minimal, and certificates are not needed to receive insurance compensation (according to insurance rules) (check this item with your insurance company). Or the damage is minimal (scratches or abrasions) and the participants in the accident are not going to apply for compensation and have no claims against each other. In this case, the consent of the drivers is required. It is enough to issue such consent in the form of a receipt, where it is indicated that the participants have no claims against each other and there is no need to file an accident.

If the damage is small (read more about how to assess the degree of damage in our article), you can file an incident without the participation of police officers according to the European protocol.

To do this, you must fill out an accident notification form, which is attached to the OSAGO policy (as a rule, it is handed over to the insured at the conclusion of the OSAGO agreement).

Mandatory conditions for registration of an accident according to the European protocol

Damage limit:

• 25 thousand rubles - if at least one of the OSAGO agreements of the participants in the accident was concluded before 08/02/2014;
• 50 thousand rubles - if the contracts of both participants are concluded after 08/02/2014;
• 400 thousand rubles - from 10/01/2014 for Moscow, Moscow region, St. Petersburg and Leningrad region, if the accident was recorded using a DVR. DVRs must be equipped with systems that record the fact of an accident and its place using global navigation satellite systems (GLONASS or other systems until January 1, 2017, after this date - GLONASS or GLONASS together with other systems).

IMPORTANT: If it later turns out that the amount of damage is greater than the above limits, the victim has the right to file a claim for compensation for the missing amount directly from the culprit.

Having issued an accident according to the European protocol, you can contact the insurance company and the hull policy. In this case, the limit on the amount of payment will be the same as in OSAGO.

Other mandatory conditions for registration of the Europrotocol include:

• no harm was caused to the health of participants in the accident (including passengers and pedestrians);
• two vehicles were involved in the accident (important: if one of the vehicles is with a trailer, it is impossible to issue according to the European Protocol!);
• both drivers have valid OSAGO policies (check that the second participant in the accident is included in the policy), for foreign cars a Green Card is required (when the owner’s liability is insured in accordance with international system liability insurance);
• all the circumstances of the accident, its nature, the list of damages, the degree of guilt, and so on, do not cause disagreement among the two participants in the accident (if there is even the slightest dispute, you will have to draw up an accident either at the traffic police post or with the participation of traffic police officers on the spot. The absence of disagreements is confirmed by signatures two drivers - participants in the accident in the notice of the accident.

Features of registration of an accident according to the European protocol

Photo and video recording

Photo or video filming must be done no later than 60 minutes after the traffic accident.

What should be recorded:

1. State registration plates of vehicles of participants in a road traffic accident or identification numbers (VIN) (in the absence of state registration plates of vehicles);
2. Vehicle damage;
3. The location of the vehicles involved in the road traffic accident with reference to transport infrastructure facilities or other non-movable objects (houses, shops, etc., so that the street name and house number can be seen).

Filling out the Europrotocol form (accident notifications)

Both drivers fill out one notice of an accident. The notification form is self-copying. One driver fills in column "A", the other - column "B". After filling in the front side of the notice, the form is separated - one copy for each driver. On the back, drivers fill out each of their forms.

Front side of the accident notice

On front side the notice should contain information about the place, date, time of the accident, information about the participants in the accident, about witnesses, about insurers, about the nature and list of visible damaged parts and elements, the circumstances of the accident, etc. (all columns and fields available on the front side of the Accident Notice form must be filled in).

Clause 14 indicates the nature and list of all visible damage to car parts. We indicate briefly all the damage (for example, a dent on the left front fender). Hidden damage will be identified and described when the car is inspected by experts after contacting the insurance company.

In paragraph 15 "Remarks" you can specify additional information if something was not indicated in paragraph 16 "Circumstances of an accident".

In paragraph 16, the circumstances of the accident are noted (in the large cells located below, the number of marked cells is filled in). Fill out carefully. If the car was stationary during the collision, mark the appropriate box (cell).

In paragraph 17, an accident scheme is drawn up. Vehicles after an accident are schematically fixed and the direction of movement of each until the moment of collision is indicated.

The notice is signed by each driver in clauses 15 and 18.

The reverse side of the accident notice

The reverse side of the notice each driver fills out independently.

Empty columns can be marked with a dash. After signing and separating the forms, no changes, corrections or additions are allowed.

After registering an accident and filling out the Europrotocol form, it is advisable to make a copy of your copy. On the way, a traffic police inspector can stop you and ask about the cause of the broken car. In this case, it will be sufficient to show a copy of the notice of the accident.

Actions of drivers after registration of an accident according to the European protocol

Victim

Within five working days, the victim applies to his insurance company and passes to the insurer:

1) a form of notification of a traffic accident;

2) an application for direct compensation for losses (filled in in any form, or (most often) a sample is provided by the insurance company, where you need to fill in the necessary columns);

3) electronic media with information (memory card with photo or video recording from the accident scene). This indicates that you did not make changes to the photo and (or) video, that is, the information is uncorrected.

culprit

Submit an accident report form to your insurance company. Within fifteen days from the moment of the accident, he has no right to repair his car. If you need to start repairs, you need to provide the car for inspection to the insurance company of the victim or obtain permission to begin repairs.