Procedure in case of an accident under compulsory motor liability insurance for the culprit and the victim in 2021

This type of insurance allows you to pay for damages after most accidents. Despite this, not all drivers know in detail how compulsory motor liability insurance works in case of an accident. Our review will eliminate gaps in knowledge and allow better on-the-spot guidance in situations that are considered critical.

In fact, this insurance is mandatory for all drivers (with the exception of owners of vehicles traveling at speeds up to 20 km/h) - this policy covers motor third-party liability. If a citizen does not insure his car and turns out to be the culprit of the accident, then the insurance compensation will not be paid. Thus, OSAGO is intended to pay monetary compensation to the injured innocent party to compensate for damage caused to health, life or property. Expenses arising as a result of an accident are paid by the insurance company of the person responsible for the accident; the driver himself does not make payments. Currently, the maximum amounts provided for this policy are established:

• 400 thousand rubles for compensation of property damage;
• 500 thousand rubles for compensation for damage to the health and life of a participant in an accident (the amount is indicated per person).

Compensation for moral damage or lost profits is not provided under compulsory motor liability insurance.

Attention! If insurance does not cover the full cost of the damage, the victim may file a lawsuit against the person responsible for the incident. The offender will pay the remaining amount from his own funds.

There are situations when the insurance company may refuse to pay:

1. The driver was a person not included in the insurance. An exception is insurance issued for an unlimited number of persons.
2. The accident occurred at a specialized site during an experimental or training activity.
3. The accident occurred on the territory of the enterprise while performing loading and unloading operations or while an employee was performing his job duties.

If the driver did not have the right to drive the car, caused harm intentionally, was under the influence of alcohol, drugs or toxic substances, or fled the scene of the accident, the insurance is still paid, but the insurer can go to court and recover the costs incurred from the culprit.

What is considered an accident?

According to clause 1.2 of the Traffic Rules, an accident is an event that occurred while a car was moving and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.

In other words, if a pedestrian is hit by a car, it is an accident. If a car leaves the road and collides with a tree or fence, property or cargo is damaged - this is also an accident. If a driver hits an animal, for example, a moose, this is an accident.

Hitting a pet is also considered an accident. The courts recognize that the culprit must compensate the owner of the animal for its cost, and if he leaves the scene of an accident, they can even deprive him of his rights (Resolution of the Armed Forces of the Russian Federation N 29-AD17-2).

When is comprehensive insurance required?

By purchasing a comprehensive insurance policy, the driver can choose protection against damage or against damage and theft (theft). Everything is clear about the theft. What about the damage? They may be the result of an accident, fire, natural disaster or illegal actions of third parties. In the latter case, we mean scratches and dents on the body, theft of wheels, mirrors, etc. Also considered an insured event is a situation where the owner unintentionally caused harm, for example, he hit the car himself or lost control.

The policy covers more than 20 different adverse events. However, there are a number of situations when insurance protection does not apply, as an example:

• the driver is not listed on the policy;
• the driver was driving while intoxicated;
• liquid got into the car engine;
• there was natural wear and tear on car parts, etc.

What to do immediately after an accident

According to the traffic rules (clause 2.5 of the traffic rules), a participant in an accident is obliged to:

1. Stop immediately, turn on your hazard lights and display a warning triangle.
2. Do not move objects related to the incident. This will help traffic police officers and road accident participants reconstruct the picture of events.

How to proceed further depends on what is damaged - only property or the health and life of people.

If only cars or property were damaged in the accident

The driver is obliged:

1. If the car creates an obstacle for other cars, clear the roadway

Be sure to first record on your phone or camera:

• the position of the cars in relation to each other;
• the position of cars in relation to road infrastructure (roadway boundaries, signs, etc.);
• traces and objects related to the incident (fragments, braking distance, etc.);
• damage to vehicles.

1. If the participants in the accident do not agree with each other about the circumstances of the incident, you need to write down the names and addresses of eyewitnesses and report the incident to the police and wait for their instructions.

   Since 2021, if there are disagreements, you can file an accident without police officers through the “Compulsory Motor Liability Insurance Assistant” application. In this case, the insurance indemnity limit will be reduced to 100 thousand rubles.

2. If there is no disagreement between the parties involved in the accident, it is not necessary to report the incident to the police. You can fill out the Europrotocol - this is the common name for the procedure for processing documents about an accident without the participation of police officers. You can also file an accident through the OSAGO Assistant application.

If only the culprit's car is damaged in an accident, the police do not need to be called - for example, if the driver drove into a ditch or crashed into a snowdrift. This conclusion follows from the Resolution of the judge of the Supreme Court of the Russian Federation dated November 8, 2018 (Case No. 18-AD 18-59).

If people are killed or injured in an accident

If people are killed or injured in an accident, the driver is obliged to provide first aid to the victims and call an ambulance and the police.

In emergency cases you need to:

• if possible, take the victims in your car to the nearest hospital, tell the medical institution your last name, license plate number of the car and return to the scene of the incident;
• if it is impossible to transport the victims in your own car, send them to the hospital by passing transport.

If a car is blocking traffic, a detour should be arranged if possible. If a detour cannot be organized, the roadway must be vacated. Pre-record on your phone or camera:

• the position of the cars in relation to each other;
• the position of cars in relation to road infrastructure (roadway boundaries, signs, etc.);
• traces and objects related to the incident (fragments, braking distance, etc.), damage to vehicles.

Also write down the names and addresses of eyewitnesses and wait for the police to arrive.

If there is no telephone connection, ask drivers passing by to convey information about the accident to the nearest traffic police post and wait for the police to arrive.

What other risks are covered by comprehensive insurance?

The comprehensive insurance policy also provides insurance protection against the following risks. Among them:

• theft (theft);
• fire, explosion and combustion;
• disaster;
• damage to the car by third parties during an attempted theft or for hooligan reasons;
• damage to the vehicle by objects thrown from under the wheels of other vehicles, or as a result of falling objects (including snow or ice from the roof).

Procedure

The procedure for dealing with these situations is similar to that for an accident. The only difference is that it is often necessary to additionally contact police officers, the Ministry of Emergency Situations and other services to draw up an administrative protocol or even initiate a criminal case. You can read more about the procedure for each insurance case related to various methods of causing damage to a car here.

Casco is a reliable way to protect yourself from most financial expenses associated with damage to your car. But do not forget that any incident, even if you yourself damaged the car, must be reported to the insurance company. Follow the steps described above to receive immediate compensation under your current insurance policy.

What documents about an accident does the traffic police inspector draw up?

The traffic police inspector draws up:

• Incident scene inspection protocol - if people were injured. A diagram of the place where the administrative offense was committed is attached to the protocol.
• Explanations of all participants and witnesses of the accident about the circumstances of the incident.
• Information about an accident (certificate of an accident), which is issued to all participants in an accident.
• Protocol on an administrative offense if the driver disputes the offense.
• A resolution in a case of an administrative offense, if the circumstances of the case are established on the spot, without an administrative investigation.

It is important to ensure that all documents are completed correctly. Sometimes the police conduct an administrative investigation to establish the circumstances of the accident. The documents will determine who is found to be at fault for the accident.

• The diagram of the traffic accident must correspond to reality. If you believe that it was drawn up incorrectly, indicate this in the diagram itself - it will be given to the participants in the accident for signature.
• If you believe that someone involved in an accident is under the influence of alcohol or drugs, report this to a police officer and request an intoxication examination.

If people were injured in an accident, then the participants in the accident are subject to mandatory examination for intoxication.

• Your explanations must be indicated by yourself or accurately recorded in your own words;
• Information about an accident must correctly record the data of all participants in the accident, as well as damage to vehicles.

If there is no violation in the actions of the drivers, the inspector issues a decision to refuse to initiate proceedings for an administrative offense. Otherwise, the driver is brought to administrative or criminal liability (in case of death or serious harm to health).

Information about the accident and a resolution in the case of an administrative offense (or a determination of refusal) must be provided to the insurance company for compensation for damage.

When and how to get a refund?

To receive compensation for damage, fill out an application and provide copies of the following documents:

• comprehensive insurance policy (if property damage is claimed);
• documents confirming payment of the insurance premium under the comprehensive insurance agreement;
• STS or PTS, driver's license;
• documents indicating damaged car parts and property;
• resolution or ruling on an administrative violation;
• statement about an insured event;
• diagnostic card;
• policyholder's passport;
• photo and video materials from the scene of the incident;

If all documents are correct and submitted on time, the insurance company sends it for repairs to the service station specified in the contract.

How to register an accident according to the European protocol

From 2021, the European protocol can be issued:

• in traditional paper form (fill out an accident notification and send it to the insurance company),
• electronically - through the “OSAGO Assistant” application.

Filling out an accident report

The limit of payment from the insurance company when drawing up a paper European protocol is 100 thousand rubles.

You can issue a European protocol if:

1. Damage was caused only to cars; property of third parties was not damaged.
2. Only 2 vehicles are involved in the accident.
3. All participants in an accident have compulsory motor liability insurance.
4. The drivers have no disagreements about the circumstances

The circumstances of the accident must be recorded in the accident notification (). The form must be filled out in two copies. Each driver must send a notice to his insurance company within 5 working days from the date of the accident.

Vehicle owners, without the written consent of insurers, should not repair vehicles before the expiration of 15 calendar days from the date of the accident (except for non-working holidays).

Registration of an accident through the "OSAGO Assistant"

You can file an accident report online if:

1. Damage was caused only to property; there were no deaths or injuries.
2. Only 2 vehicles are involved in the accident.
3. Both participants have MTPL policies.
4. Drivers have accounts on State Services, at least one of them has the “MTPL Assistant” application installed.

You can file an accident through the OSAGO Assistant even if the drivers have disagreements about the circumstances of the incident.

If drivers have disagreements, the damage to the car must be documented in a photo. If there are no disagreements, it is not necessary to attach a photo, but then the payment limit from the insurance company is reduced.

Limits when registering an accident through the application:

• If the drivers have no disagreements and took a photo from the scene of the accident, the payment limit is 400 thousand rubles.
• If there are no disagreements and no photographs - 100 thousand rubles.
• If there is a disagreement, it is necessary to take a photo. The payment limit is 100 thousand rubles.

After an accident, drivers must draw a hand-drawn diagram of the accident and fill out an electronic notification. The application will check the presence of compulsory motor liability insurance and send data about the accident to the database of the Russian Union of Auto Insurers. Drivers will receive an SMS indicating that the documents have been accepted. After this you can leave.

You need to file an accident using the application no later than 60 minutes from the moment of the accident (clause 4 of the Rules for submitting information about a road accident to the insurer, ensuring that the insurer receives uncorrected information about the road accident).

Learn more about how to use the OSAGO Assistant application.

Filling out the back of the notice

An accident notification form is issued to the policyholder along with the MTPL policy. To download the document, you can use the link or go to the official website of RSA. The content of the notice is very similar to the above European Protocol, which is quite logical, since both documents are used to record the circumstances of the incident and serve as the basis for receiving insurance payment under compulsory motor liability insurance.

The driver fills out the back side of the notice independently. For this it is better to use a regular ballpoint pen. The form can be provided by any of the participants in the accident.

What is prohibited to do after an accident

Drivers involved in an accident are prohibited from consuming alcoholic beverages after the accident.

For violation of this rule, a fine of 30 thousand rubles is provided with deprivation of rights for a period of one and a half to two years. Moreover, the insurance company will be able to make a recourse claim against the violator. The amount of damage will be recovered from him even if he has a compulsory motor liability insurance policy.

An exception is if the driver has undergone a medical examination, and the police officer has recorded the results in the protocol. After the examination you can have a drink.

Answers on questions

When is the Europrotocol allowed?

This method of registering an accident is allowed if three conditions are met: consent of all participants, no damage to human health, damage to the vehicle of the injured party within 100 thousand rubles.

How much time is given to the policyholder to provide the auto insurer with a complete set of documents to receive compensation?

The victim must provide all necessary documents within 5 days from the date of the incident.

How long does an insurance company have to pay compensation to a victim in an accident?

The legislation allows 20 working days for reviewing received documents and making insurance payments. After this period, the policyholder receives the right to payment of a penalty.

When to contact your insurance company

After receiving documents from the traffic police about the accident, the victim must, no later than 5 working days, send an application for compensation for damage to the insurance company of the culprit.

You can contact your insurance company if you meet the following requirements:

1. As a result of the accident, damage was caused only to vehicles;
2. 2 or more vehicles were damaged in the accident; the liability of all drivers is insured under MTPL.

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We will tell you about the intricacies of the legislation, help you understand it and tell you what to do in controversial situations.

What to do if the culprit of the accident does not admit his guilt

Sometimes during an accident a controversial situation arises in which it is difficult to identify the offender, or he refuses to admit his guilt. Many do not know what to do in this case and make the situation unacceptable. In this case, the correct procedure if the culprit does not admit his guilt is the following algorithm:

• leave the car in its original condition, but you need to turn on the hazard lights and put special signs on the road;
• call a traffic police officer to record the incident;
• contact the insurance company;
• contact the traffic police to document all the facts that influence the court's decision on the person at fault - witnesses to the incident must also come and provide their testimony.

In a situation where the offender does not admit his guilt, it is better to seek the help of a competent lawyer. Sometimes traffic police officers offer to wait two months and come to an agreement with the culprit, because after this period a protocol on the administrative violation can no longer be drawn up. But this is fraught with problems with obtaining compensation from the insurer, because all companies require the immediate provision of documents regarding the accident.

Important! The insurance company has no legal basis to refuse payment if documents are submitted late, since there are no clear deadlines, and the statute of limitations for civil cases is 3 years.

Sometimes it happens that the culprit, who previously admitted his guilt, subsequently retracts his words and goes to court. In this case, the victim will have to prove his case in court proceedings, and this procedure may drag on for several months.

The refusal of the violator to admit his responsibility is a common practice, because under compulsory motor liability insurance payments are due only to the victim. Therefore, it is important to independently video and photograph the scene of the accident, give clear testimony when drawing up a protocol, and keep copies of documents about the accident. All this will help you prove your case in court.

What should a victim do in an accident?

After an accident, the victims may include not only the driver himself, but also his passengers, as well as pedestrians passing nearby. What should the injured car owner do in case of a car accident? The list of actions will directly depend on the driver’s condition after the collision. If he is conscious and escapes with a couple of bruises, he will be able to call a state traffic inspector to register a traffic accident.

It is not advisable to leave the scene of the accident before the police arrive. Moving the car is also prohibited. If you still need to clear the highway, so as not to create a traffic jam, you should first film in detail the scene of the collision on video or a mobile phone camera.

The victim must obtain contact information and details of the compulsory motor liability insurance policy from the driver at fault in the accident. You can demand that the traffic police inspector send the culprit for examination to a medical institution if he has all the signs of alcohol intoxication.

If you receive only material damage from another participant in an accident, you should do the following:

1. If the victim feels fine and does not need the help of doctors, then after calling the traffic police he must turn off the ignition and put an emergency sign on the road according to all the rules.
2. Find witnesses to what happened, interview them, if possible, record testimonies and take phone numbers so that you can contact them if necessary if any questions arise and it is necessary to conduct a trial.
3. Notify the insurance company of the traffic violator about the accident. Call your insurer who issued the MTPL policy and answer the agent’s questions.

An insurance company representative will need to inspect the car. The procedure must be carried out in the presence of the guilty driver. If there is extensive damage, an examination will be required to calculate the amount of compensation for damage.

If the victim receives serious bodily injuries during an accident, he should ask for help from the person responsible for the accident or nearby witnesses. Drivers often take care of their own car first, completely forgetting that there may be people in another car they wrecked who need help. By shouting or making noise, victims should try to attract the attention of others so that they call an ambulance.

Procedure in the absence of a compulsory motor liability insurance policy

If the victim does not have compulsory motor liability insurance, then, in essence, the algorithm of actions does not change, since compensation for damage will be handled by the insurance company of the perpetrator. The only significant difference is the mandatory call of traffic police inspectors to record the fact of the incident and its circumstances, due to the impossibility in the presented case of documenting the accident using the European Protocol.

If the culprit or both parties do not have a policy, after drawing up a traffic police report, the first thing you should do is take measures to independently resolve the conflict. If the participants manage to reach a consensus, they make the calculation on the spot or within the mutually agreed upon time frame.

If you participate in an accident as a victim with a culprit without compulsory motor liability insurance, you should contact an organization that performs an independent assessment to draw up a report on the damage and calculate the cost of eliminating it. Such actions will prevent disputes arising regarding the amount needed to repair the victim’s car.

Another option for resolving the situation under consideration is to send a pre-trial claim to the perpetrator. The legislator does not put forward any requirements for the main part of this document, however, the details of both parties, a brief description of the incident, its time and place should be indicated. The drafter also indicates the time frame within which the defendant must respond to the claim. Such paper should be sent by registered mail or courier delivery.

Attention

If a response is not received within the time limit allotted to the victims, to resolve the dispute it is necessary to apply to the court with a claim for compensation for damage incurred as a result of the accident.

What damage does insurance cover?

Accident insurance does not compensate for losses from being involved in an accident to the fullest extent. At least not always. When it comes to compulsory motor liability insurance and you are the culprit, the insurance will compensate the losses of the victim, but the amount will not exceed 400 thousand rubles. And if someone was physically injured or died in an accident, then compensation reaches 500 thousand rubles. But victims can go to court to recover the amount on top of what is missing from the insurance.

Sometimes those at fault for an accident take out a DOSAGO policy. Within its framework, the limits are higher, but they also depend on the terms of the agreement. And if you want your insurance to cover repairs of your car, then it is recommended to additionally take out CASCO insurance.

By the way, keep in mind that when filling out a European protocol, the compensation is small - a maximum of 100 thousand rubles. But for accidents that occurred in Moscow (region), St. Petersburg (region), and the participants do not have disagreements about the incident, they will return up to 400 thousand rubles.

You can get legal assistance on road accident issues on our website.