From July 1, 2015, drivers can report almost all minor accidents without calling traffic police inspectors - if there are no injuries, then it will be enough to call 02 and report the incident, take a photo or video from the scene of the accident, fill out a notification form and arrive at the traffic police post yourself for paperwork.
However, there is a simpler way to document accidents - the so-called “Europrotocol”. Its meaning is that drivers themselves fill out documents at the scene of an accident and contact insurance companies within five days. In this case, there is no need to call the traffic police and later come to the department!
Attention! If an accident is reported without even traffic police officers, the participants in the accident are required to notify the insurance company within five days! Otherwise, insurers may refuse to pay, or even file a recourse claim against you.
True, in most regions of Russia, the Europrotocol can be used only in small accidents, when the amount of damage to an “innocent” car is less than 50 thousand rubles (if you are the culprit of the accident and agree to the Europrotocol, then know that the injured party may later demand compensation if the repair costs more than 50,000 rubles).
At the same time, for such regions as Moscow, the Moscow region, St. Petersburg and the Leningrad region, from October 1, 2014, a special procedure for registering accidents without calling a traffic police officer has been in effect. In these regions, you can do without the participation of authorized police officers in case of damage up to 400,000 rubles. True, only if there is footage from a video recorder (in the law this device is called a “technical control device that ensures uncorrected data recording”). Moreover, not every registrar will do. At the moment, it must be able to record the time and coordinates of the car (that is, the recorder must have a GPS / GLONASS sensor). Although, according to the law, you can do without a DVR - government decree No. 1002 of October 1, 2014 states that insurance companies must accept both video and photography (but the camera must also show the time and indicate coordinates). From January 1, 2016, the requirements for such devices will become stricter. They will have to record acceleration, braking of the car and side impacts, and also transmit information about the accident to emergency services.
It must be remembered that photography or video must be taken within 60 minutes after the traffic accident and include images:
a) state registration plates of vehicles of participants in a traffic accident or identification numbers (VIN) (in the absence of state registration plates of vehicles);
b) places of damage to the vehicle;
c) the relative position of vehicles of participants in a traffic accident with reference to transport infrastructure objects or other non-movable objects;
d) state registration plate of the vehicle of the witness of the traffic accident (if available).
By the way, the Europrotocol also has restrictions in addition to the amount of damage of 50,000 rubles. And you can use it only if you have completed ALL without exception, the following points:
. no harm was caused to the health of the participants in the accident (including passengers and pedestrians);
. two vehicles were involved in the accident (an important nuance is that a car with a trailer is considered as two separate vehicles, and if such a car is involved in an accident, then the simplified registration scheme cannot be used);
. both drivers have valid MTPL policies (check that the second participant in the accident is included in the policy);
. all the circumstances of the accident, its nature, list of damages, degree of guilt, and so on do not cause disagreements between the two participants in the accident (if there is even the slightest dispute, then the traffic police will have to be called). The absence of disagreements is confirmed by the signatures of two drivers involved in the accident in the notification of the accident;
IMPORTANT: if at least one condition is not met, then you need to call the traffic police officers to the scene of the incident.
After an accident, within 5 working days you must contact the insurance company and provide:
a) a copy of the traffic accident notification form filled out by the drivers of vehicles involved in the traffic accident;
b) an application for direct damages;
c) an electronic medium with information containing photo or video filming of vehicles and their damage at the scene of a traffic accident, the date and time of photo or video filming, as well as the coordinates of the location of the technical control device;
d) a statement that the information specified in subparagraph “c” of this paragraph is uncorrected.
In addition, remember - if you (or the second participant in the accident) have a comprehensive insurance policy, and the rules of the insurance company do not provide for the payment of compensation without certificates from the traffic police, then you will still have to call representatives of the traffic police to the scene of the accident.
Instructions for drawing up the Europrotocol
- Follow traffic rules strictly. Stop and put up a warning triangle.
- Save traces of the accident. Take all possible measures to preserve traces and objects at the scene of the accident.
- In case of conflict situations with another driver, call the traffic police (02, 112, 911).
- Fill out the Road Accident Notification form, which was issued to you by the insurance company when drawing up the MTPL contract. It is advisable to use a ballpoint pen. This is necessary so that the information you enter on the front side of the Road Accident Notice is clearly printed on the bottom sheet.
Both drivers fill out one Accident Notice. One driver fills out column “A”, the other – column “B”. Both the back and front sides are filled out. In this case, the back side of the Road Accident Notification is filled out by each driver on his copy after filling out the front side and disconnecting the Road Accident Notification form.
Front side of the Road Accident Notice
The front side of the Road Accident Notice must contain information about the place, date, time of the accident, information about the participants in the accident, witnesses, insurers, the nature and list of visible damaged parts and elements, the circumstances of the accident, etc. (that is, it is necessary to fill out all the columns and fields on the front side of the Road Accident Notification form)
Clause 14 indicates the nature and list of all visible damage to vehicle parts. Describe them as accurately and concisely as possible. Make sure that the other driver does not add damage to parts and elements that are not related to this accident to the specified item. When indicating a damaged element (part), be sure to indicate the nature of the visible damage: scratch, dent (deformation), rupture (crack). Invisible (hidden) damage will be identified and described during inspection of the car by experts.
In paragraph 15 “Remarks”, if necessary, you can additionally provide information that is not specified in paragraph 16 “Circumstances of the accident”.
In paragraph 16, the circumstances of the accident are noted, and in the large cells located below, the number of marked sub-items (cells) is filled in. It is important to correctly reflect the maneuvers of your car, taking into account that: parking is not a stop. If you stopped, for example, at a red traffic light, it is a mistake to mark position 1 “Parking”. It is necessary to note position 22 “Stopped (stood) at a prohibitory traffic light signal”; if one car overtook another, changing lanes from one lane to another, you need to mark pos. 12 “Changed lane” and pos. 13 “Overtook.”
In paragraph 17, an accident diagram is drawn up. The diagram shows the contours of the roadway indicating the names of streets (roads, etc.), as well as the direction of movement, the final
position of vehicle “A” and vehicle “B”, road signs, indicators, traffic lights, road markings, objects that are related to this accident.
In paragraph 18, both drivers put their signatures.
After filling out the front side, the road accident participants divide the Road Accident Notification forms into two copies. Make sure that the other driver signs both sheets of the Accident Notice on the front side, and not just the copy that remains with him. Please note that on the front side of the Road Accident Notice, each participant must put two signatures - in paragraphs 15 and 18.
Reverse side of the Road Accident Notice
The reverse side of the Road Accident Notice is filled out by each driver independently.
If there is not enough space, write out the information on a blank sheet of paper and attach it to the Accident Notice (on which you need to mark “With attachment”), and also indicate which document it is attached to and by whom it was compiled. Applications must be signed by both drivers.
In empty columns, use long dashes or a capital Z.
If the Accident Report form is torn, damaged, or difficult to read, you must fill out a new form. Once the forms have been signed and separated, no changes, corrections or additions are permitted.
If the second driver refuses to sign the Accident Notice or fill it out together, this means that the Euro Protocol cannot be completed and the traffic police must be called. Please note that if, after signing and separating the accident notification forms, it is necessary to make adjustments or additions to the document, they must be certified by the signatures of both participants in the accident.
Witnesses. Collect contact information for witnesses to the accident, if possible. Be sure to save the video recording system.
Insurance payments. After completing all the above steps, you can leave the scene of the accident. If you intend to apply for insurance payment, please attach your copy of the Accident Notice to your application. If you believe that there are no grounds for compensation for the harm caused to you, then be sure to send a completed Road Accident Notice (with additions, if any) to your MTPL insurer within 5 working days from the date of the accident.
Please note that you cannot proceed to repair the vehicle within 15 days from the date of the accident or without the written consent of the insurance company.
The payment limit under the Europrotocol is:
1) 25 thousand rubles. — if at least one of the MTPL agreements of road accident participants was concluded before 08/02/2014;
2) 50 thousand rubles. — if the agreements of both participants were concluded after 02.08.2014;
3) from October 1, 2014 - 400 thousand rubles. for Moscow, Moscow region, St. Petersburg and Leningrad region if there is footage from a DVR.
Answers on questions:
1. What to do if the other driver does not admit his guilt, is aggressive or is intoxicated, etc.?
Call the police. A “Euro protocol” can be drawn up only if both participants in the accident have a common point of view on the circumstances of the incident. The need to call the police is also due to other circumstances described above.
2. Is it possible to issue a “Europrotocol” if one of the cars involved in an accident is not registered in the Russian Federation?
Can. But only if the liability of its owner is insured in accordance with the international liability insurance system (“Green Card”), as well as subject to the other previously specified requirements for processing documents about an accident without the participation of the police. If the participants have agreed to file an accident without the participation of the police, and the injured party is a citizen of Russia, the notification of the accident must be issued on a form issued by a Russian insurer (form printed in Russian).
3. What to do if more than two cars are involved in an accident?
Unfortunately, in this case you cannot use the Europrotocol. You will have to call the traffic police.
4. What happens if there are contradictions in the accident report between the information provided by both drivers?
The presence of contradictions in the data provided by the drivers means that the circumstances of the accident or the nature and list of visible damage to the cars caused disagreements among the participants in the incident, and in this case it is prohibited to file an accident without calling the police. If it is impossible to determine, on the basis of the circumstances of the accident stated in the notification of the accident, the person responsible for causing the harm, the insurer has the right to refuse payment.
5. Is there a need to photograph the scene of an accident and how to do it correctly?
We recommend that you take photographs of the accident scene if possible. In the future, this can make it easier to clarify the picture of the incident when interacting with the insurance company. Try to photograph in such a way that you can see:
. general plan of the accident site (so that the type of location of the vehicle can be identified);
. traces of braking, fragments of parts, scree of broken vehicle elements (glass, bumper covers, etc.);
. both vehicles close-up from all sides, with car numbers;
. damaged vehicle parts.
It is necessary to take into account that you can claim a payment of up to 400,000 rubles only if the photographs were taken using equipment (camera, mobile phone with a special application) that meets the requirements established by the Government of the Russian Federation for this case, and the location of the accident is recorded by appropriate equipment operating using global navigation satellite systems.
6. What should I present to the traffic police officer who stops the car?
Indeed, a traffic police officer, seeing that the car is damaged, has the right to stop you in order to verify the fact that an accident was registered in which these damages could have occurred. Therefore, after transferring the original to the insurance company, you must have a copy of the completed accident notice in your car, certified by the insurer, to present to the police officer.
Drivers should also remember that they are not allowed to repair, sell or dispose of their vehicles for 15 working days.
Attention! Insurers may request vehicles involved in an accident for technical examination, and the law obliges owners to provide them within no more than 5 business days from the date of receipt of such a request.
What happens if the participants in an accident miss the validity period of the notification document?
If participants in an accident do not have time to notify insurers of the incident within the period established by law, certain sanctions may follow from the insurance company. Most often this happens out of ignorance, sometimes due to illness, a long business trip or other force majeure circumstances.
The victim did not submit the papers
In this case, the insurer has the right to refuse payment. However, there is no need to despair. Exists two options for action in a situation where the victim has not submitted documents according to the European protocol within 5 days.
- If no more than 15 working days have passed since the accident, you can contact the traffic police to obtain a certificate of the accident. The presence of the second participant in the incident is not necessary. If there is a certificate from the competent authorities, the settlement of the loss will no longer take place according to a simplified, but according to a standard scheme.
- If more than 15 days have passed, then the only way out is to go to court.
The culprit did not notify the insurance company
The reason why the motorist violated the law does not matter in this case. The insurer may also submit a recourse claim if the driver at fault for the accident repaired or disposed of his car within less than 15 working days from the date of the incident, or did not submit it for examination within 5 days from the receipt of such a request from the insurance company.
More details about what the culprit should do after drawing up the European Protocol in case of an accident can be found in.
How long will it take for the victim to receive payment?
For 15 working days, participants in the accident do not have the right to repair, sell or dispose of their car, and if they receive a request from the insurance company, they are required to provide it for examination within no more than 5 days.
Important! If after the emergency the requirements are not fulfilled, or the permissible terms are exceeded, then the victim faces a refusal to pay, and the culprit faces recourse from the insurer.
In order to protect their property interests, each driver, when purchasing a compulsory motor liability insurance policy, needs to familiarize himself with the legal norms regarding the settlement of losses and behavior after an insured event.
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As you know, when registering a road accident under compulsory motor liability insurance, the parties have the right to do without traffic police inspectors. This procedure for interaction between participants in an incident and insurers is called the “Europrotocol”. It allows you to significantly save time if the cars have received minor damage.
Many car owners still treat the Europrotocol with distrust. Moreover, we are talking about both victims and perpetrators of road accidents. The fears of the latter are completely justified, because for them, registering an accident without the participation of a traffic police inspector can have serious consequences. What does the at-fault driver need to know so as not to encounter an unpleasant surprise?
The culprit always takes risks
The rules of compulsory motor liability insurance provide for the right of the victim to demand compensation for damage from the culprit of the accident when compensation under the “Euro Protocol” is not enough to repair the car. In this case, the victim cannot make property claims to the insurer who paid the compensation.
In other words, the restoration of the victim’s car is paid for by the culprit, but only when the cost of repair exceeds the maximum payment under the Europrotocol. In this case, the victim has the right to demand compensation for damage without taking into account wear and tear of parts. As a rule, in such circumstances, at-fault drivers do not agree to voluntarily pay for repairs. Naturally, only a court can resolve a dispute between participants in a road accident.
It is noteworthy that the amount of the culprit’s debt is determined on the basis of paid repair bills. Of course, for the guilty party, such a scenario becomes a nightmare, especially when it comes to a large sum of money.
It turns out that the at-fault driver paid for insurance, but still must partially pay for repairs to the victim’s car. To top it all off, the tariff in the MTPL calculator will increase for him, because the insurance company made a payment within the amount of compensation under the Europrotocol.
Thus, the person at fault for a traffic accident always runs the risk of facing unexpected expenses. Therefore, you need to be very careful when registering an incident without calling traffic police inspectors. In addition, in the case of the Europrotocol, the guilty driver can always resort to a little trick.
How to avoid problems?
Let’s say the driver has no doubt that it was he who provoked the incident, and the victim offers to file the incident according to the “Europrotocol”. In this situation, the first thing you need to do is assess the nature and extent of the damage. Of course, sometimes it is very difficult to determine how much it costs to repair any part of someone else's car.
In this case, it is advisable to contact the car manufacturer's dealer to have at least a rough idea of the cost of restoration work. At the same time, you should not trust the victim’s assessment, because he may be wrong. In addition, he may simply lie in order to be able to repair the car without taking into account wear and tear.
If the culprit of the accident has the slightest suspicion that the cost of repairs exceeds the maximum payment under the Europrotocol, the accident should be registered with the participation of traffic police officers.
It will take more time, but the guilty driver will be sure that he will not be subject to financial claims in the future. When registering an accident involving police officers, the maximum payment is half a million rubles. The culprit will have to pay extra for repairing the victim’s car only if the cost of restoring the car exceeds the specified amount.
Another option
If the victim for any reason does not want to seek help from the traffic police, the person responsible for the accident should receive a receipt from him indicating that there are no claims. This document must indicate:
“I have no financial claims against the culprit of the accident regarding damage to my car in excess of the maximum possible insurance payment under the MTPL agreement under the Europrotocol.
The victim must put the date of issue of the receipt and signature. In addition, it is advisable that he indicate the following information.
- Date and circumstances of the incident.
- Information about the vehicles involved in the accident.
- Details of those involved in the incident, including driver's license numbers.
If possible, the receipt must be certified by two witnesses. The document should definitely indicate their details, as well as contact coordinates. The testimony of witnesses will be useful if the victim wants to challenge the receipt in court.
Unfavorable outcome
So, if the at-fault driver decided to do without calling the police and did not demand a receipt from the victim, he may find himself in a difficult situation. It is best to evaluate the consequences of such a choice using a specific example.
Example
As a result of the accident, the bumper, headlight and fender were damaged. The victim received the maximum possible payment under the Europrotocol. At the same time, the independent expert indicated in his conclusion that the bumper and fender can be repaired, and the headlight should be replaced.
Subsequently, the victim handed the car over to the dealership service station employees for repairs. During the repair process, it turned out that the bumper and fender needed to be replaced. Accordingly, this automatically increased the cost of restoring the car. As a result, the victim did not have enough compensation under the Europrotocol to fully pay for the repairs.
He went to court to recover from the person responsible for the accident the difference between the cost of repairs and the amount of insurance payment. The court satisfied the claim, using the car service invoices when assessing the damage. The culprit of the incident has almost no chance to challenge such a court decision, which means he will be forced to pay all the victim’s expenses for repairs.
In addition, you need to remember that the victim received a payment under the Europrotocol, therefore, the culprit driver will pay more for the renewal of insurance. As you know, the presence of accidents increases the cost of compulsory motor liability insurance for all insurers without exception.
Insufficient legal literacy primarily harms the motorists themselves. For example, not all road users know what it is and how to register it. However, this information is considered extremely important. After all, preparing documents on your own regarding an accident significantly shortens the litigation process.
Moreover, according to experts, in the future the number of drivers who want to communicate directly with the insurance company will only grow. And although some of our fellow citizens already know in what cases the European Protocol is drawn up in case of an accident, filling out the form itself still raises many questions. This article will give comprehensive answers to them.
How to download the Europrotocol form for free
There is no concept of the Europrotocol in Russian legislation. The word is borrowed from European practice, where drivers report accidents without involving the police in 80% of cases. In Russia, the Europrotocol refers to both the procedure for independently filling out papers by participants in an accident and the official document that records the circumstances of the incident -.
In 2017, drawing up a European accident report was not a very popular solution for drivers. This attitude is explained by the fact that drivers are afraid of unpleasant consequences due to ignorance of the specifics of the procedure.
Each party to a traffic accident sends a notice to the insurer within a period not exceeding five days after the accident - this action is mandatory when drawing up a European protocol.
To ensure compliance with the deadline, you must receive a stamped or accepted copy.
This will avoid a dispute (if initiated by the insurer) based on late notification of the accident.
The car owner also leaves the following to the insurance company:
- application for compensation;
- the first electronic media with information confirming the fact of the accident. If the participant in the incident wishes, the video materials can be examined in advance for authenticity with the help of an independent examination.
For fifteen days from the moment of the accident, both cars are not subject to repair or any restoration work. In rare cases, these activities can be carried out on the basis of written permission from the insurance company.
However, the ban on repairs does not provide for the inability to travel by car.
Considering that the simplified compensation system involves compensation for relatively minor damage, cars often have small scratches, chips, and dents with a small diameter of 10-15 centimeters.
So, the vehicle is in motion, and it is subject to operation (but not repair).
If the damaged car was not stopped by a traffic police representative for certain reasons, a copy of the notice submitted to the insurer will come in handy - it must be shown to the inspector.
Victim
Within five working days, the victim contacts his insurer and provides the following:
- accident notification form;
- application for direct compensation for harm (filled out in free form, or (most often) a sample is provided by the company, where the corresponding fields must be filled in);
- electronic media with data (memory card with photo or video recordings from the scene of the accident). In addition, you must indicate that you have not made any changes to the records, that is, the information is uncorrected.
Culprit
The party at fault in the accident sends an accident notification form to the insurer. For 15 days from the date of the accident, he cannot carry out repairs on his car. In cases where repairs need to be made, the offender provides the vehicle for inspection to the victim's insurer or obtains permission to carry out repair work.
How to fill out a European protocol in case of an accident
The procedure for drawing up a European protocol in case of an accident is provided for by the laws on compulsory motor liability insurance.
To avoid questions from the insurance company, you should:
- pinpoint the location of the accident. To do this, it is better to indicate the road number (if available), street number, number of the nearest house or other public structure. If you have the appropriate equipment (for example, if you have GLONASS), indicate the coordinates on the ground. In addition, in the Moscow and Leningrad regions, the limit on the European protocol is more than 50,000 when using satellite navigation systems. This approach can be explained by the high accuracy of determining the coordinates of the area and the inability for fraudsters to make graphic changes (unlike regular photography - adjustments are made to any photo using special applications);
- indicate the date and time of the accident using two-digit numbers;
- designate damaged vehicles: usually two, although there are situations where damage is caused to only one car;
- note that no harm was caused to other vehicles or people;
- list a list of all eyewitnesses who witnessed the traffic accident, indicating their details, contact numbers and place of residence (with their consent);
- indicate information about your car (the other party indicates information about your car), with an exact indication of the make, model number and other individual information;
- describe personal data (full name), as well as information about another person who was probably driving at the time of the accident;
- indicate all the circumstances that preceded the accident of both parties, placement on the highway, etc., draw up a schematic representation. The accident diagram is very important - this evidence is the subject of careful study when determining an insured event. Representatives of the insurance company must compare the graphic image of the accident with other data (eyewitness testimony, photographs) and if a discrepancy is identified, they may refuse to satisfy the claim;
- identify the part of the vehicle that suffered from the first impact of the collision, with a clear description of the visible damage;
- as an addition, you can indicate other evidence that can be used: video recorder readings, photos. All this information is analyzed by the insurer if doubts arise about the correct preparation of the protocol.
- do the following:
- All fields and columns must be filled in. If there is no data for any item, a dash is placed in the column;
- when writing, use a regular blue ballpoint pen;
- No mistakes or blots are allowed, no corrections or deletions are allowed;
- if handwriting is illegible, it is better to indicate data in block letters;
- Both parties take part in the execution, after which, after dividing the document, each party takes its own copy of the notice.
If there was not enough space when drawing up the document, then the protocol is supplemented with a sheet of normal format, on which both parties to the incident sign.
Refusal under compulsory motor liability insurance when drawing up a European protocol
Obviously, if the registration procedure and deadlines for notifying the insurance company are followed, compensation will be paid.
Analyzing practice, we can highlight common cases of refusal by insurance companies to pay compensation under the policy when drawing up a European protocol at the scene of an accident:
- Failure to comply with the deadlines for notification of what happened, if the person for whom compensation must be paid did not send the notification on time (five days late) - this serves as grounds for refusal. In addition, there are known cases of no notification of an accident at all. For example , Ivanov A.A. and Petrov I.I. had a car collision at a crossroads. After analyzing the situation, both parties came to the conclusion that the culprit in the accident was A. A. Ivanov, who was already experienced in matters of drawing up a European protocol, so he proposed using this “simplified” option now. Having correctly filled out all the columns and fields of the form, without making a single spelling or technical error, the parties to the incident separated. Petrov I.I., who was the injured party, immediately (on the same day) notified his insurer about the accident by providing its employees with his copy of the notice. The efficiency of Petrov I.I. is understandable, since he was interested in quickly resolving the issue of payment of compensation. Considering that all the registration conditions were met, I. I. Petrov soon received a payment according to the protocol in the amount of 34,000 rubles - this amount of compensation was enough for him. How surprised A.A. Ivanov was, who a few months later received a claim for the recovery of 34,000 rubles from him, in which his insurance company was the plaintiff. This happened because Ivanov A.A. did not need to think about repairs, he simply forgot that he needed to submit a notification to the insurer, and this became the basis for a claim for recovery of the amount of money spent to Petrov I.I. by way of recourse . Practice shows that one hundred percent of these claims against uncollected MTPL insurance policy owners are satisfied by the courts in full. It should be noted that if you are a victim in an accident and have provided notice to the insurer on time, you do not have the right to refuse payment of compensation due to the untimely application of the participant in the accident to his insurer;
- Carrying out work to restore the vehicle, which was carried out within fifteen days from the moment of the road accident.
This is also defined by law as a ground for denial of compensation that cannot be appealed.
Reasons such as technical errors when drawing up a European accident report are recognized as less common grounds for refusal to pay compensation. It would be more accurate to say that errors and inaccuracies often occur, but in most cases they can be eliminated.
In the automotive industry, there is a perception that insurance companies scrutinize every letter to avoid paying out damages under a simplified system. In principle, this was so, because the percentage of refusals under protocols before 2015 was 65-80 percent in different regions.
Over time, a different situation began to be observed, and now, due to spelling and technical errors (this also happened), it is impossible to refuse recognition of an accident. Over the years, a practice has developed and now, due to an incorrectly placed comma (this has happened), it will not be possible to refuse to recognize an accident as an insured event.
If citizens go to court over insurers’ refusal to pay compensation without justification, then these companies incur huge costs. Today, if reliable data about the incident is provided, but there are minor inaccuracies when filling out the form, insurance companies still make payments. Such errors can be called grammatical or spelling errors, the absence of the author’s initials.
If a copy of the notice is not signed by the participant in the accident, this is considered a gross error.
However, even in this case, there is a chance to appeal the refusal in court, if the fact of the incident itself, the circumstances and the identity of the vehicle drivers can be confirmed.