In what case can you file an accident without the traffic police?
Every driver should know in what cases a European protocol is issued in case of an accident.
To simplify registration of an incident, a number of conditions must be met:
- there are no casualties in the accident;
- 2 cars are involved in the accident;
- the damage was caused only to the participating vehicles;
- both drivers have MTPL policies;
- the damage caused to the vehicle does not exceed the maximum amount of insurance payment;
- both drivers want to record an accident without the traffic police by drawing up a European protocol.
If it is difficult to find out the circumstances of the incident and assess the damage caused, then it is better to register the accident according to the standard procedure.
Concept of the European Protocol
This definition came from Europe, where for a long time drivers in the event of a collision have independently filled out documents without calling the traffic police. Participants jointly fill out a form on the basis of which they will subsequently receive an insurance payment.
By filling out the Europrotocol, you will receive funds from the insurance company faster than if you called the traffic police.
If previously you had to fill out a paper form, today the procedure has been simplified; all you need is a mobile phone with a special application installed.
The obligation of insurance companies to pay money upon the occurrence of an insured event, including one registered without the participation of traffic police officers, is assigned to them by the Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance of civil liability of vehicle owners.”
If an insurance company issues MTPL or CASCO policies, it is obliged to make payments under the Euro Protocol.
Instructions for filling out the Euro Protocol in case of an accident
Drivers are interested in the question: how to apply for a European protocol? The form contains 2 sheets: main and additional. On the front of the first sheet there are 2 columns. After filling out the base of the form must be separated from the additional part.
On the front side
The following information is indicated on the front side:
- place, date and exact time of the accident;
- number of damaged vehicles and injured persons;
- testimony of witnesses (if any);
- Full names of car owners, drivers who were involved in an accident, and accurate information about the vehicle;
- information about the insurance company and the current policy;
- list of car damages;
- accident diagram.
After completely filling out the front side and drawing up the diagram, drivers sign clauses 15 and 18. After this, you can tear the pages to further fill out the back side yourself.
On the reverse side
On the back of the document, both participants in the incident describe their opinion about the accident and indicate who was driving the car at the time of the accident (the owner of the vehicle or another person).
You can add additional information about the incident that was obtained during photo and video shooting in the notes.
If, after the forms have been separated and signed by both parties, a correction needs to be made, then the correction must be certified by both parties to the accident.
Number of copies
Drivers need to fill out 1 form consisting of 2 sheets. The top layer is self-replicating . You need to make sure that the data on the front part is clearly printed.
If the European protocol form was independently printed on a printer, then you need to fill out 2 copies.
Common questions that arise when filing a notice
Problems arising at the time of writing:
- The document does not establish the guilt of any of the participants. It is intended to give the most objective assessment of the situation that has arisen. The initiator of the accident is determined by police officers as a result of analysis and necessary examinations, after which the participants in the accident are notified;
- The notice should always be filled out (if it is necessary to contact insurers); the presence or absence of traffic police inspectors does not matter;
- If there are 3 or more participants in the accident, then each of them writes a notice;
- In the event of a collision with an obstacle, there is no need to fill out a document, the owner of the MTPL policy will not receive compensation, and the citizen who purchased the CASCO certificate will be able to assess the damage based on the actual damage to the car;
- Signatures are not required on the back of the notice.
Expert opinion
Artemyev Dmitry
Experience as a forensic expert in the field of automotive technical examination for more than 2 years, more than 3 years of work in the field of insurance disputes, appealing guilt in road accidents.
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In the event of a collision with animals, structures or pedestrians, insurance companies should write a regular statement asking them to evaluate and pay for the damage.
Reference! It should be taken into account that sometimes the emergency commissioner from the insurance service can meet halfway; with the mutual consent of all participants, notices can be rewritten.
Sample of filling out the Euro Protocol in case of an accident
In order to properly document an accident, you need to know how to fill out a European protocol. The following rules must be followed:
- The document must reflect only truthful information.
- Complete and accurate filling out of the European protocol reduces the risk of problematic situations with insurance compensation.
- It is necessary to take seriously the recording of those details of the incident that appeared thanks to photo or video cameras.
- When drawing up a European protocol, drivers should not have any disagreements. If there are any controversial points, they must be indicated in detail in the document.
When an accident occurs, it is important to correctly record the circumstances of the accident in the diagram. It is on the form in paragraph 17.
When drawing up a document, you do not need to try to depict in detail the appearance of objects. Key: the diagram must clearly explain the event. It is necessary to indicate the cars that were involved in the accident, their position on the road and the direction of movement.
How to draw up a diagram of an accident at an uncontrolled intersection?
First of all, the road itself and the location of cars on it are applied to the paper. Determining the culprit of an accident at an uncontrolled intersection is carried out taking into account the signs installed at the intersection. When drawing up a diagram of road accidents in 2021, it is important to be sure to display them. At the moment of crossing an unregulated intersection, the culprit of the incident is the driver who was moving on a secondary road. The law obliges him to give way to all vehicles traveling on the main lane.
How to apply for a Europrotocol through the application
To draw up a document about an accident, you can use one of the applications: “Road accident. Europrotocol" or "OSAGO Assistant". The first option is considered simpler.
Drivers in the “Road Accidents” application. Europrotocol" they take a photo of the accident, but the notification is issued on paper. The next step: you need to determine the geolocation. After this, the parties involved in the accident submit a request for verification, and after receiving notification of confirmation, they are allowed to leave the scene of the accident.
To use “Road accident. Europrotocol" it is necessary that at least one driver has an account on State Services. After the incident, the victim must notify the insurer of the incident within 5 days. Submit an application for compensation of damages and a notice drawn up on paper to the company.
“OSAGO Assistant” is considered a more complex option. It is necessary that both drivers have personal accounts on State Services. In the application, the accident is recorded immediately in electronic format. You need to draw the diagram on a piece of paper, take a photo of the drawing and upload it to the application. The completed application will also be checked, the system will send the information to the RSA and offer to fill out an electronic notification on the State Services.
Each application must be accompanied by an electronic signature. After completing all stages, it is considered that the insurer has received notification of the accident. You will only need to submit a statement of damage to the company.
How to make a diagram of an accident in a parking lot?
It differs from the standard diagram of an accident in a parking lot by the need to display standing vehicles on the plan. They are usually indicated by a dotted line. Additionally, it is necessary to detect foreign objects caught in the collision zone. These could be poles, garbage cans. The corresponding parts of the parking area are indicated as the collision location. It is recommended to display nearby streets on the diagram. This will help detail the address. The explanation states that the accident occurred in a parking lot. The rest of the registration process is standard.
What should the culprit of an accident do after drawing up a European protocol?
Within 5 days from the date of the accident, the culprit of the accident must send an accident form to his insurance company. This can be done by visiting the company's office, or by sending a registered letter with a subsequent notification of delivery of the envelope.
The person at fault must not, without the written consent of the insurance company, repair the vehicle within 15 days from the date of the accident. And he is obliged to appear for an independent examination within 5 days after the insurers request.
If the requirements are violated, the insurance company may file a recourse claim. If it is satisfied, the culprit will be forced to independently compensate for the damage caused to the injured person.
Summary
To summarize, we note:
- The Europrotocol is an accelerated and simplified version of registering an accident without calling the traffic police, allowing owners of colliding cars to resolve the situation and then receive insurance. The possibility of registering an accident in this way exists only in the presence of certain circumstances and is not always available.
- Depending on the circumstances of the notification of an accident, the law limits the amount of payments from 100 to 400 thousand rubles.
- To record what happened, you only need one document - a notification of an accident, which can be filled out on a special form, or you can use a mobile application. It then needs to be sent to the insurer. The introduction of this procedure significantly reduces the time of registration of many incidents.
More…
- Limit of payments under compulsory motor liability insurance: according to the European protocol, in case of mutual fault, in case of death or harm to health, in case of total damage to the car.
- What to do if the person at fault for an accident does not have compulsory motor insurance
- Is the culprit of the accident paid insurance under compulsory motor liability insurance?
- Recourse under compulsory motor liability insurance against the culprit of an accident, judicial practice
Amount of payments under the European protocol
The maximum amount of compensation depends on whether the drivers can come to a common opinion about the culprit of the accident, the circumstances of the accident and the list of damages.
If the drivers have no disagreements, the insurance company may pay:
- up to 100 thousand rubles . – if the participants filled out only a paper version of the accident form;
- up to 400 thousand rubles. – if, in addition to the notification, the participants in the accident recorded damage to the vehicle (photo/video) in a specialized application.
The mobile program allows you not only to take photos of the scene of the incident and damage to the car, but also to document the exact time and place of the incident.
In this case, the insurance company itself will determine which driver caused the accident. If there are disagreements, participants in an accident must record the incident not only on paper forms, but also in a mobile application. The maximum payment amount will be 100 thousand rubles. Insurance companies often cannot determine who is at fault for an accident, so they simply distribute compensation equally among drivers.
How much can insurance pay?
The maximum payment under the Europrotocol cannot be more than 400 thousand rubles .
To receive this amount the following conditions must be simultaneously met:
- both participants agree with the circumstances of the incident, with who is to blame for the accident, with the amount and nature of the damage;
- the protocol was completed using a mobile application, with which the cars were photographed and then transferred to the insurance company;
- the damage caused does not exceed the specified amount of 400 thousand rubles.
If these requirements are not met, then you will receive a maximum of 100 thousand rubles .
Before choosing to draw up a European protocol or call the traffic police, estimate the required amount for restoration repairs. If it is more than the amounts mentioned above, call the traffic police.
What problems might there be with the Europrotocol?
Problems may arise with the European protocol if the information on the forms does not match. By law, the culprit of the accident is obliged to provide the insurer with his part of the document. The front sides of the original and the copy must be identical.
It is important to consider one more point: on the back, drivers write their vision of the situation. The culprit must reflect his own opinion not on the original, but on the copy. If he does otherwise, it will be considered a mistake. The original document always remains with the injured party.
Where to get the form
In accordance with paragraph 24 of Chapter IV of the OSAGO Rules, the insurance agent is obliged to provide the car owner with forms free of charge after concluding the contract. It is possible to obtain them by visiting the insurer’s website or on our website: download and be sure to print.
Correctly fill out the notification in case of an accident:
Advice! If the form was not found by the victim, he can ask another driver (of any car) for it. It's completely legal.
The form has a front part (where you need to write the circumstances of the accident), which, when filled out, is self-copied onto a second copy. As a result, each of the participants, the victim and the culprit, receives a separate document.
Common mistakes when drawing up a road accident diagram in 2021
If a representative of the State Traffic Inspectorate is involved in drawing up an accident plan, usually there are no problems in drawing up the plan. However, the use of the European protocol leads to the need to perform the procedure independently. As a result, the risk of an error increases. Most often, drivers admit the following:
- The location of the first contact of vehicles is determined incorrectly. The cause of the error is often inattention.
- The driver is trying to hide the execution of certain maneuvers. Actions are performed solely due to the presence of intent. By carrying out manipulation, the motorist hopes to shift the blame onto another participant in the incident. An example of this is the refusal to admit to attempting to overtake before a collision or speeding.
- Traffic light signals are described inconsistently. In this case, eyewitnesses are brought in to clarify the circumstances. Based on their testimony, a decision is made as to which driver is right.
