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 the onset of unpleasant consequences due to ignorance of the peculiarities of the procedure.
Each of the parties to the 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 the European protocol.
In order to certify that the deadline has been met, a stamped or accepted copy must be obtained.
This will avoid a dispute (if it is initiated by the insurer) on the basis of untimely notification of an accident.
Also, the owner of the car in the insurance company leaves:
- claim for compensation;
- the first electronic carrier with information confirming the fact of the accident. If the participant of 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, any restoration work. In rare cases, these activities can be carried out on the basis of the written permission of the insurance company.
However, the ban on repairs does not provide for the inability to travel by car.
Taking into account that the simplified system of indemnification involves compensation for relatively minor damage, cars often have small scratches, chips, dents of a small diameter of 10-15 centimeters.
So, the vehicle is in motion, and it is subject to operation (but not repair).
If the affected car was not stopped by the 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 sends the following:
- accident notification form;
- an application for direct compensation for harm (filled in free form, or (most often) a sample is provided by the company, where it is necessary to fill in the appropriate boxes);
- electronic data carrier (memory card with photo or video recordings from the scene of the accident). In addition, you need to indicate that you have not made changes to the records, that is, the information is uncorrected.
culprit
The party at fault in the accident sends the accident notification form to the insurer. For 15 days from the date of the accident, he cannot repair his car. In cases where it is necessary to make repairs, the perpetrator provides the car for inspection to the insurer of the victim or obtains permission to carry out repairs.
How to fill out the European protocol in case of an accident
The procedure for compiling a European protocol in case of an accident is provided for by the laws on OSAGO.
To avoid questions from the insurance company, you should:
- pinpoint the exact location of the accident. To do this, it is better to indicate the number of the road (if any), street, number of the nearest house or other public building. In the presence of appropriate equipment (for example, in the presence of GLONAS), indicate the coordinates on the ground. In addition, in the Moscow and Leningrad regions, the limit under the European protocol is more than 50,000 in the case of using satellite navigation systems. This approach can be explained by the high accuracy of determining the coordinates of the area and the impossibility for fraudsters to make graphic changes (unlike conventional photography, corrections are made to any photo using special applications);
- indicate the date and time of the accident, using two-digit numbers;
- indicate damaged vehicles: usually two, although there are situations where only one car is damaged;
- note that no harm was caused to other vehicles and 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 relative to your car (the other party indicates information about your car), with an exact indication of the brand, model number and other individual information;
- describe the personal details of the full name (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 on both sides, placement on the highway, etc., draw up a schematic representation. The scheme of the accident is very important - this evidence is the subject of careful research when determining the insured event. Representatives of the insurance company must compare the graphic image of the accident with other data (eyewitness testimonies, photographs) and, if there is a discrepancy, may refuse to satisfy the requirements;
- mark the part of the car that was affected by 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 testimony, photos. All this information is analyzed by the insurer in case of doubts about the correct preparation of the protocol.
- do the following:
- All fields and columns must be filled in without fail. If there is no data for any item, a dash is put in the column;
- when writing, use a regular blue ballpoint pen;
- mistakes, blots are not allowed, it is not allowed to make corrections, strikethroughs;
- in case of illegible handwriting, it is better to indicate the data in block letters;
- both parties take part in the execution, after which they divide the document, each party takes its copy of the notice.
If there was not enough space when compiling the document, then the protocol is supplemented with a sheet of the usual format, on which both sides of the incident sign.
Refusal under OSAGO when drawing up a European protocol
Obviously, subject to the procedure for registration and the timing of notification of the insurance company, compensation will be paid.
Analyzing practice, it is possible to identify common cases of insurance companies refusing to pay compensation under a policy when drawing up a European protocol at the scene of an accident:
- Failure to comply with the deadlines for notifying about what happened, if the one for whom it is necessary to pay compensation did not send a notification on time (five days late) - this serves as a basis 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 collision of cars at the crossroads. After analyzing the situation, both parties came to the conclusion that the culprit in the accident was Ivanov A.A., who was already experienced in the preparation of the European protocol, and therefore suggested using this “simplified” version now. Having correctly filled in all the columns and fields of the form, without making a single spelling and technical error, the parties to the incident dispersed. 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 a quick resolution of the issue of compensation. Given that all the conditions for registration were met, Petrov I.I. in the near future received a payment under the protocol in the amount of 34,000 rubles - this amount of compensation was enough for him. How surprised Ivanov A.A. 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 A. A. Ivanov 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 the recovery of the amount of funds spent to I. I. Petrov in the recourse order . Practice shows that one hundred percent of these claims against uncollected owners of the OSAGO insurance policy are satisfied by the courts in full. It should be noted that if you are a victim in an accident and provided a notice to the insurer on time, you do not have the right to refuse to pay compensation due to the untimely application of the participant in the accident to your insurer;
- Carrying out work to restore the vehicle, which was carried out within fifteen days from the moment of the traffic accident.
It is also defined by law as grounds for denial of compensation, which cannot be challenged.
Not so common grounds for refusing to pay compensation are recognized such reasons as technical errors in the preparation of the European protocol of the accident. Rather, errors and inaccuracies are often encountered, but in most cases they can be eliminated.
There is an opinion in the automotive environment that insurance companies scrutinize every letter in order not to pay damages according to the simplified system. In principle, this was so, because the percentage of protocol failures 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 (it happened, too), it is impossible to refuse recognition of an accident. Over the years, a practice has been formed, and now, due to an incorrectly placed comma (it happened), it will not be possible to refuse to recognize an accident as an insured event.
If citizens go to court on the refusal of insurers to pay compensation unreasonably, then these companies incur huge costs. Today, when providing reliable data about the incident, but small inaccuracies in the preparation of the form, insurance companies still make payments. Such errors can be called grammatical or spelling errors, the absence of the initials of the author.
If a copy of the notice is not signed by a participant in the accident, this applies to gross errors.
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 drivers of the vehicles can be confirmed.
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 judicial practice in this situation is on the side of 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 which the damage is more than the maximum 50,000 rubles for the European protocol, and let's figure out what myths about the "simplification" force drivers instead of dispersing after 15 minutes.
The culprit himself will never admit his guilt
Some car owners may not recognize it. But the most popular type of accident is when someone “caught up” with someone. It's just stupid to deny your guilt here. But if the other side actively opposes the execution of the European protocol (and even more so if it shows aggression, is in a state of intoxication, etc.) - .
Impossible to properly assess the damage
You can draw up a European protocol if the damage does not exceed 50,000 rubles. Is it necessary to be afraid of errors in the assessment? Firstly, 80% of all accidents that occur in Russia fall under this limit - and the traffic police inspectors go to them last, so you have to wait for them for hours. Secondly, no one asks to assess the damage to the penny - this is the prerogative of specialists. Europrotocol was originally created to independently determine the loss.
If the damage turned out to be more than 50,000, then the insurance company will refuse to pay
According to the law on OSAGO, when drawing up documents on an accident according to the European protocol, the amount of insurance payment due to the victim in compensation for damage caused to his vehicle cannot exceed 50,000 rubles. If the amount of damage is greater, then this will not be a basis for refusal, but the victim will receive 50,000 rubles. The rest, if there is no CASCO insurance contract. So making a mistake in the calculation is not so scary.
It is very difficult to file an accident report on your own.
An accident notification form is issued at the conclusion of an OSAGO agreement. If this does not happen, then you need to insistently demand it from your insurance company. Upon receipt, carefully study the document and always carry it with you.
A modern person fills out a lot of forms, forms and applications during his life, and an accident notification is not the most difficult of them. Of course, they turn to it in the "field conditions", and even in a rather stressful situation, but the form was developed according to European standards and does not contain too many columns, and the information entered into them is not Fermat's theorem at all. You just need to carefully fill in point by point; check whether the data of another participant in the accident is correctly rewritten (for fidelity, you can take a picture of his policy number and “rights” on a smartphone). The procedure is called "Europrotocol" for a reason - Europeans have been using it for a long time, and our form is almost identical to the European one.
By the way, damage will not hurt either, as will the contacts of witnesses (if any).
Insurance companies find fault with every comma in the notice and try not to pay
Before the introduction of non-alternative direct compensation for losses in an accident, it was necessary to contact the insurance company of the culprit. Now - to the company where the OSAGO policy was purchased and which, accordingly, appreciates the car owner as its client, wants him to apply for the policy next year. Therefore, companies, as a rule, seek to qualitatively settle the loss. Indeed, with the introduction of the PES, the amount of payments has increased. This also applies to the European Protocol. There are about the same number of denials of payments under this procedure as in an accident registered by the police. So calling the police and waiting for many hours does not increase the chances of a quick refund, but rather, carefully filling out the notice will increase them.
If for some reason the insurance company refuses to pay out according to the European protocol, demand a written reasoned refusal. If you are right, the notice was filled out without errors, and the reason for the refusal seems far-fetched to you, a written response will help when writing a claim. It must be sent to the insurance company (it can also be supported by a complaint to the Russian Union of Motor Insurers). Just do not forget - not only the insurer can make a mistake, but also the insured. Errors in the information, incompletely filled columns, numbers mixed up in places, an indistinct scheme of an accident do not allow the insurer to fully recreate the picture of an accident and understand who is to blame. Therefore, the European protocol is just the case when everything is in your hands.
The culprit of the accident will not hand over his copy of the notice
After the notice is completely filled out, the document numbers are double-checked and the signatures of both participants are affixed to it, you can disperse. Each participant in the accident sends a copy of the notice to his insurance company (in person, by mail or by courier, but always with a mark on the notice). If the perpetrator of the accident does not do this, the damage will be settled according to the information of the victim. And the damage will be recovered from the culprit anyway - in a recourse order, this is the norm of the law on OSAGO.
Europrotocol is a simplified paperwork about an accident, which is carried out without the participation of police officers. The Europrotocol is drawn up by filling out the form of notification of a traffic accident by the participants in the accident (drivers) on their own, without the involvement of police officers. This allows not only to significantly reduce the time spent on registering an accident, but also to quickly remove cars from the roadway, thereby facilitating the passage of other road users and minimizing the risk of new collisions.
If you are the owner of an OSAGO or CASCO policy at the AlfaStrakhovanie insurance company, you can be sure that self-registration of an accident using the European protocol will not become an obstacle to organizing and paying for the restoration of a damaged vehicle of an injured person at a service station or paying monetary compensation, which allows cover damage to the vehicle.
IN WHAT CASES SHOULD THE EUROPROTOCOL BE USED AND IN WHAT SHOULD THE POLICE STAFF BE CALLED?
In accordance with the current legislation, you can independently fix the accident that has occurred using the Euro protocol, subject to the following conditions.
- The traffic accident occurred as a result of the interaction (collision) of two vehicles (including vehicles with trailers to them), the civil liability of the owners of which is insured under OSAGO.
- As a result of a traffic accident, only two vehicles (including vehicles with trailers to them) were damaged, i.e., as a result of the collision, there were no injuries, deaths, and no damage was caused to other property.
- The circumstances of causing harm in connection with damage to vehicles as a result of a traffic accident, the nature and list of visible damage to vehicles do not cause disagreement between the participants in the traffic accident and are recorded in the notice of the traffic accident, the form of which is filled out by the drivers involved in the traffic accident. vehicle accident in accordance with the rules of compulsory insurance. If neither party believes that it was their actions that caused the accident, the settlement of the dispute will require the help of police officers.
- The amount of insurance compensation due to the victim in compensation for damage caused to his vehicle may not exceed 100 thousand rubles. In the event that the owner of the car that suffered damage believes that such compensation will not allow him to complete the necessary restoration work in full, police officers will have to be involved in registering the accident.
When answering the question about the cases in which the Europrotocol is not issued, be guided by the above information. If the circumstances of the accident do not satisfy at least one of the listed conditions, the accident will have to be recorded in the general manner.
If one of the vehicles involved in an accident is registered in a foreign state, and its owner does not have an OSAGO or CASCO policy, but at the same time is the owner of the Green Card international insurance policy, you can also issue an accident yourself, using a simplified scheme. You can get detailed information about the procedure for assigning compensation under the Green Card by contacting a representative of the Russian Union of Motor Insurers (RSA).
What should you do after getting into an accident?
Immediately after the accident, many drivers, being in a state of stress, simply forget about what they need to do in order not to violate the requirements of the law. Nevertheless, the procedure that the parties to an accident must perform is extremely simple and looks like this:
- Stop moving. Regardless of where the accident occurred and what consequences it entailed, stop, leave the vehicle and personally assess the scale of the accident.
- Install warning triangle. In accordance with paragraphs. 7.2, clause 7 of the SDA of the Russian Federation, it must be set at a distance:
- at least 15 m from the vehicle - when stopping on the territory of the settlement;
- at least 30 m from the vehicle - when stopping outside the territory of the settlement.
- Record traces of the accident. To do this, use the means of photo and video recording, which can be a mobile phone camera or a specialized device (for example, a camera or video camera, if available). Take a picture (or take a video) of the general panorama of the accident scene, the damage caused to both cars, the existing brake marks, vehicle license plates, as well as fragments of parts.
You can also fix damage using the AlfaStrakhovanie Mobile application. This method is a significant advantage for you, as you will be able to issue an insurance event in the AlfaStrakhovanie Mobile application, and in the future you will not need to contact the company's office in person.
- Get contacts of witnesses to the accident (full name, home address, phone number). If possible, get their affidavits. In case of disputes at the stage of paperwork after both parties to the accident have left the scene, the testimony of witnesses can significantly simplify the investigation procedure and help the injured party receive all payments due to it.
- Fill out an accident report form
- After you have vacated the scene of the accident, completed the registration of an accident according to the Europrotocol, the participants in the accident can disperse, and you can complete the registration of an insurance event for direct compensation for losses already through the AlfaStrakhovanie Mobile application.
Where can I get the Europrotocol form?
The Europrotocol in case of an accident is drawn up using a special form, which the insurance agent is obliged to issue free of charge to the owner of the vehicle when issuing an OSAGO or CASCO policy. If you have already used the existing form or for some reason it is not at hand, you must contact the nearest office of the insurance company. In addition, you can download the form for free on the Internet and print it on any printer (it is recommended to download the document form only from official authoritative sources, for example, from the websites of the Garant or Consultant legal reference systems). A sample of filling out the Europrotocol can also be found on various resources.
What does the Europrotocol form look like?
The Europrotocol in case of an accident is drawn up on a special form of the established form, called “Notice of a traffic accident”. It consists of two sheets: main and additional (insert, on which all the information entered on the first sheet is copied). On the front side of the first sheet there are two columns, each of which is filled in by car drivers independently. After filling in the front side, the main form is separated from the additional one - each of them has the same legal force, so it does not matter which driver gets the original and which one gets the copy.
How to fill out the Europrotocol form?
The rules for issuing a European protocol in case of an accident include the following requirements, compliance with which minimizes the risk of problems when considering documents in an insurance company:
- when filling out the form, use a simple ballpoint pen - inscriptions with a pencil or gel pen can be smeared or erased, which will make them unreadable in the future;
- fill out the form in legible handwriting or block letters;
- try to avoid the appearance of blots and corrections in the document - later they may lead to additional questions and, as a result, require additional time spent on clarifying the circumstances of the accident;
- You must fill in all the columns and fields provided by the form.
To learn how to fill out the European protocol in case of an accident, read the instructions below.
- The front side is filled. At this stage it is necessary:
- provide information about the place and date of the incident. Here it is necessary to indicate the exact address of the place of the accident, and in the event that the accident happened on the highway, fix its name and the number of the kilometer at which the collision occurred. When fixing the date and time of an accident, you should also be extremely careful and record its time to the nearest minute;
- record information on the number of damaged cars (2) and the absence of injured people (0). Obviously, when registering an accident using the European protocol, there cannot be more than two vehicles that suffered damage, and there should not be any people who were injured at all. Otherwise, the parties to the accident will have to wait for the police;
- enter the details of witnesses to the incident (if any);
- indicate the exact data of the damaged vehicles, their owners, as well as the persons who were driving at the time of the collision;
- enter information about the insurance company that insured the liability of the owner of the vehicle on the date of the accident, as well as indicate the number of the insurance policy and its validity;
- describe the list of damaged parts and components of the car. At this stage, you should be extremely careful, because any scratch, even insignificant at first glance, may indicate the presence of more serious damage that requires complex repairs or a complete replacement of a car part;
- draw up an accident plan. There are no uniform rules for its creation, but when answering the question of how to draw an accident diagram, it is worth noting that one should strive to make an extremely understandable drawing, the analysis of which will not raise any additional questions. The scheme is prepared in the following sequence:
- the position of the section of the road on which the accident occurred is applied to a sheet of paper, indicating the names of neighboring streets and numbers of houses located nearby (in the event that there are other landmarks nearby, such as shopping centers, libraries, etc., they should also be noted on the diagram ), traffic lights, road signs and markings, etc.;
- the position of the vehicles at the time of the accident is schematically plotted on the prepared image of the terrain (as a rule, vehicles are depicted as rectangles) with the code “A” or “B” marked on them (in accordance with the code indicated in the notice at the stage of describing the vehicle); the direction of travel is indicated by arrows, the place of impact is indicated by the symbol X;
- under the graphic image, it is necessary to give a decoding of all the symbols used to create the scheme;
- in column 15, if necessary, you can indicate information that is not in paragraph 16.
If the front side is completely filled out, the diagram is drawn and the participants have no disagreements (including guilt), the drivers put their signatures in paragraphs 15 and 18 and tear the pages of the notice to design the reverse side themselves.
- Back side is filled. Here, each participant in the accident describes in detail his vision of the current situation, and also indicates under whose control the vehicle was at the time of the accident (the owner or another person). In the “Notes” column, you can write down information about the presence of additional information about the accident, obtained in the course of taking photographs and videos (including with the help of a DVR).
- If, after signing and separating the forms of notification of an accident, it is necessary to make corrections or additions to the document, they must be certified by the signatures of both participants.
Limit of payments under the europrotocol
To date, the maximum amount of compensation due to the party injured in an accident is
100,000.00 rubles.
This restriction applies to all regions, incl. for Moscow and St. Petersburg, as well as the Moscow and Leningrad regions adjacent to them.
However, for residents of Moscow, St. Petersburg, the Moscow and Leningrad regions, when registering an accident without authorized persons, the limit can be made up to 400 thousand rubles, provided that the circumstances of the accident are recorded in one of the following ways:
- with the help of technical means of control that ensure the prompt receipt of information generated in an uncorrected form based on the use of signals from the global navigation satellite system of the Russian Federation, which makes it possible to establish the fact of a traffic accident and the coordinates of the location of vehicles at the time of the traffic accident;
- using software, including software integrated with the federal state information system "Unified system of identification and authentication in the infrastructure providing information and technological interaction of information systems used to provide state and municipal services in electronic form", which meets the requirements established by the professional association of insurers in agreement with the Bank of Russia, and providing, in particular, photography of vehicles and their damage at the scene of a traffic accident.
FAQ
Within 5 working days from the date of the accident, the perpetrator of the accident sends the form of notification of a traffic accident to the insurer who insured his civil liability (the front side of which is filled in by both drivers, the reverse side of which is the perpetrator of the accident). This can be done by personally visiting the company's office or by sending a document by mail with a description of the attachment and then notifying the sender of the delivery of a registered letter. In addition, the owner of the guilty vehicle, without the consent in writing of the insurers, must not start repair or disposal until 15 calendar days, except for non-working holidays, from the date of the traffic accident and within five working days from the date of receipt of the claim from the insurers is obliged to present the vehicle for inspection and (or) independent technical expertise. Violation of these rules may cause the insurance company to file a recourse claim against the perpetrator of the accident, as a result of which the latter will have to pay compensation to the injured party for the damage caused.
Within 5 working days from the date of the accident, the victim sends the following package of documents to the insurer that insured his civil liability:
- application for compensation for material damage caused as a result of an accident;
- duly certified copy of the identity document of the victim (beneficiary), i.e. passport;
- documents confirming the authority of the person who is the representative of the beneficiary, i.e. power of attorney;
- documents containing bank details for obtaining insurance indemnity, if the payment of insurance indemnity will be made in a non-cash form or a statement on the organization and payment for the restoration repair of the damaged vehicle of the victim at the service station;
- the consent of the guardianship and guardianship authorities, in the event that the payment of insurance compensation will be made to a representative of a person (injured (beneficiary)), who has not reached the age of 18 years;
- notice of a traffic accident (front side, completely filled out by both participants in the accident with signatures and a diagram; back side, filled out by the victim; back side, filled out by the tortfeasor is attached only if both copies of the accident notice were submitted to the insurer of the victim)
- documents confirming the victim's ownership of the damaged property or the right to insurance payment in case of damage to property owned by another person.
If there is an electronic storage medium containing information that can confirm the innocence of the applicant (for example, a memory card used in a registrar or a mobile phone), it should also be handed over to an insurance company representative.
Even if the perpetrator of the accident violates the statutory deadline for submitting the European protocol to the insurance company (or does not hand over the document to the insurer at all), the victim will still receive the payment due to him.
Until 2014, it was impossible to issue an accident according to a simplified scheme, if the car of the injured party had a CASCO insurance policy. At present, the legislator does not prohibit drawing up a CASCO Euro protocol, so if you are the owner of such a policy, you can draw up a Euro protocol and subsequently receive the payment due on it.
But at the same time, it should be taken into account that the settlement takes place in accordance with the Federal Law of April 25, 2002 No. 40-FZ “On Compulsory Civil Liability Insurance of Vehicle Owners”, i.e. only if both participants in the accident are insured under OSAGO and the insurer’s liability limit cannot exceed 50,000.00 rubles.
In accordance with the amendments made in 2008 to Federal Law No. 40-FZ dated April 25, 2002 “On Compulsory Insurance of Civil Liability of Vehicle Owners”, an accident that occurred in a parking lot is equated to vehicle use, therefore, is drawn up in a similar (including simplified) manner.
A contactless accident is a type of traffic accident in which the vehicle responsible for the accident does not directly cause any damage to the affected vehicle, but creates a situation that entails damage to the second party (for example, avoiding a collision with a car that violated traffic rules , the driver of the vehicle crashes into a tree or another vehicle). In this case, the European protocol cannot be drawn up, since the condition providing for the registration of an accident without the participation of employees of the CO is not met (the traffic accident occurred as a result of the interaction (collision) of two vehicles).
To avoid questions that may arise from traffic police officers who stopped the car to check documents after the accident, certify the form confirming the fact of the accident with a representative of the insurance company.
You can file a minor traffic accident in a simplified manner - Europrotocol (European protocol) is the execution of documents about an accident without the participation of authorized police officers. In other words, this is an opportunity to independently record the fact of a road traffic accident (RTA) in order to subsequently apply to the insurance company for reimbursement, and quickly disperse without creating traffic jams.
"> according to the European protocol, if the conditions are met:- there are no victims in the accident;
- only two vehicles are involved in an accident;
- only the vehicles involved in the accident were damaged;
- both you and the co-driver are inscribed in valid OSAGO policies or an international policy An analogue of OSAGO, valid in 48 countries of the world.">"Green Card" issued for cars involved in an accident;
- according to a preliminary assessment, the damage caused to the vehicle does not exceed the maximum amount of insurance payment;
- you and the second driver agree to file an accident without calling the traffic police and sign a European protocol.
If you are not sure about the circumstances of the accident, the assessment of the damage caused, the constructive attitude of the second participant in the accident, then file the accident in the usual way.
2. What will the insurance company reimburse if you file an accident according to the European Protocol?
In case of registration of an accident according to the European protocol, the insurance company compensates for the damage in the amount of:
- up to 100 thousand rubles - this is the standard limit of payments when registering an accident according to the European Protocol, if the accident is not recorded using technical means * or it is fixed, but the participants in the accident have disagreements;
- up to 400 thousand rubles - this is the maximum limit of payments, when registering an accident according to the European protocol, if the participants in the accident have no disagreements about the circumstances of the accident, and the accident was recorded using technical means *.
The limits and conditions of insurance compensation established by law are valid both under OSAGO agreements and under hull insurance agreements.
Losses are indemnified regardless of the number of accidents during the term of the insurance policy.
3. How to file an accident according to the European Protocol?
1. Be sure to follow the traffic rules immediately after the collision - turn on the emergency gang and set the emergency stop sign to warn other road users of the danger. The sign is installed at a distance of at least 15 meters from an accident in populated areas and at least 30 meters outside them. Failure to comply with these requirements entails an administrative penalty: a warning or a fine in the amount of 1,000 rubles (Part 1 of Article 12.27 of the Code of Administrative Offenses of the Russian Federation). If an accident occurred outside the city, at night or in conditions of limited visibility, you need to be on the roadway or on the side of the road in a jacket, vest or cape vest with stripes of retroreflective material.
2. Talk to the second participant in the accident and show him your compulsory insurance policy, check the validity of his OSAGO policy.
3. Together with the other party to the accident, notify your insurance companies about the accident in one of the following ways:
- online, through integrated with the portal of state services of the Russian Federation Since November 1, 2019, the OSAGO Assistant mobile application has been operating in test mode (available for iOS and Android). It is possible to issue an accident with its help only if it occurred on the territory of Moscow, the Moscow Region, St. Petersburg, the Leningrad Region or the Republic of Tatarstan. ">mobile applications(authorization of both participants in the accident on the portal will be required) - within 60 minutes after the accident;
- through the ERA-GLONASS emergency call device (if available in the car) - by pressing the SOS button within 10 minutes after the accident.
Note! These methods are suitable if the victim is counting on compensation for damage in the amount of up to 100 thousand rubles, but you and the other participant in the accident have disagreements about the circumstances of the accident, or if there are no disagreements and the victim is counting on insurance compensation up to 400 thousand rubles.
If there are no disagreements, but it is impossible to report an accident using the above methods, the injured party has the right to count on compensation for damage in the amount of up to 100 thousand rubles. In this case, you can notify the insurance company about the accident by phone. Make sure the other person involved in the accident does the same.
4. If the vehicles involved in the accident create obstacles to the movement of other vehicles, clear the roadway. Otherwise, you and the second participant in the accident will face an administrative penalty for violating traffic rules (clause 2.6 of the traffic rules of the Russian Federation) - a fine of 1000 rubles (article 12.27 of the Code of Administrative Offenses of the Russian Federation).
5. Together with the other participant in the accident, fill out the accident report (Euro protocol) in the mobile application or paper form. In the first case, enter the details of the accident in an electronic form, in the second - in a paper one.
4. How to fill out a paper europrotocol?
Rules for filling out the Europrotocol (accident notifications):
- in the event of an accident involving two vehicles, one accident notice is issued. Whom it will belong to - you or the second driver - does not matter;
- The notice of an accident consists of two sheets, each of which must be filled out
- Fill example