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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.

  1. 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.
  2. 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?

After the victim submits to his insurer an application and a set of documents necessary to receive payment, he will be assigned an examination (?). A specialist will inspect the damaged vehicle and make a decision on the amount of compensation.

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.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

The Europrotocol is a simplified registration of documents about an accident, which is carried out without the participation of police officers. The European protocol is drawn up by filling out a notification form about a traffic accident by the participants in the accident (drivers) independently, 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 making it easier for other participants to travel traffic and minimizing the risk of new collisions.

If you are the owner of an OSAGO or CASCO policy with the AlfaStrakhovanie insurance company, you can be sure that independently registering an accident using the European protocol will not become an obstacle to organizing and paying for the restoration of the damaged vehicle of the victim at the station Maintenance or payment of monetary compensation to cover damage caused to the vehicle.

IN WHAT CASES CAN YOU USE THE EUROPROTOCOL, AND WHEN DO YOU NEED TO CALL THE POLICE?

In accordance with current legislation, you can independently record an accident using a European protocol if the following conditions are met.

  • The traffic accident occurred as a result of the interaction (collision) of two Vehicle(including vehicles with trailers), the civil liability of whose owners is insured under MTPL.
  • As a result of a road traffic accident, damage was caused to only two vehicles (including vehicles with trailers to them), i.e., as a result of the collision there were no injuries, deaths or damage to other property.
  • The circumstances of harm in connection with damage to vehicles as a result of a road traffic accident, the nature and list of visible damage to vehicles do not cause disagreement among the participants in the road traffic accident and are recorded in the notification of the road traffic accident, the form of which is filled out by the drivers involved in the road traffic accident vehicle accidents in accordance with the rules of compulsory insurance. If neither party believes that its actions caused the accident, the help of police officers will be required to resolve the dispute.
  • The amount of insurance compensation due to the victim for compensation for damage caused to his vehicle cannot exceed 100 thousand rubles. In the event that the owner of the car who was damage done, believes that such compensation will not allow him to carry out the necessary restoration work in full, and the police will have to be involved in registering the accident.

When answering the question about in what cases the European protocol is not issued, be guided by the information given above. If the circumstances of the accident do not satisfy at least one of listed conditions, the accident will have to be recorded in the general manner.

If one of the vehicles involved in an accident is registered on the territory of a foreign state, and its owner does not have an OSAGO or CASCO policy, but is the owner of an international insurance policy“Green Card”, you can also file an accident yourself, using a simplified scheme. Detailed information You can obtain information about the procedure for assigning compensation under the Green Card by contacting a representative of the Russian Union of Auto Insurers (RUA).

What should you do after getting into an accident?

Immediately after an accident, many drivers, being in a state of stress, simply forget about what they need to do in order to comply with legal requirements. Nevertheless, the procedure that the parties to the accident must perform is extremely simple and looks like this:

  1. Stop moving. Regardless of where the accident occurred and what consequences it entailed, stop, leave the vehicle and personally assess the scale of the incident.

  2. Install a warning triangle. In accordance with paragraphs. 7.2 clause 7 of the Russian Federation Traffic Regulations, it must be set at a distance:
    • at least 15 m from the vehicle - when stopping in a populated area;
    • at least 30 m from the vehicle - when stopping outside the territory of a populated area.
  3. Record traces of the accident. To do this, use photo and video recording tools, which can be a mobile phone camera or a specialized device (for example, a camera or video camera, if available). Take a photo (or video) of the overall panorama accident scene, damage caused to both cars, existing brake marks, vehicle license plates, as well as broken parts.

    You can also record damage using the AlfaStrakhovanie Mobile application. This method is a significant advantage for you, because... you will be able to register an insurance event in the AlfaStrakhovanie Mobile application, and in the future you will not need to contact the company’s office in person.


  4. Get contacts of witnesses to the accident (full name, home address, telephone number). If possible, obtain their written testimony. If controversial issues arise at the stage of paperwork after both parties to the accident have left the scene of the accident, witness testimony can significantly simplify the investigation procedure and help the injured party receive all the payments due to it.

  5. Fill out the accident notification forms

  6. After you have cleared the scene of the accident and completed the registration of the accident according to the “Euro Protocol”, the participants in the accident can disperse, and you can complete the registration of the insurance event for direct compensation of the loss through the AlfaInsurance Mobile application.

Where can I get the European protocol form?

The European accident report is drawn up using a special form, which the insurance agent is obliged to give free of charge to the owner of the vehicle when applying for an MTPL or CASCO policy. If you have already used the existing form or for some reason you don’t have it at hand, you need to 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 European protocol can also be found on various resources.

What does the European protocol form look like?

The European protocol in case of an accident is drawn up on a special form of the established form, called “Notice of a Road Accident”. It consists of two sheets: the main one and the additional one (an 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 car drivers fill out independently. After filling out the front side, the main form is separated from the additional one - each of them has the same legal force, so it doesn’t matter which driver gets the original and which gets a copy.

How to fill out the Europrotocol form?

The rules for drawing up a European protocol in case of an accident include the following requirements, compliance with which minimizes the risk of problems arising when reviewing documents at the insurance company:

  • when filling out the form, use a simple ballpoint pen - writing with a pencil or gel pen may be smudged or erased, which will subsequently make them unreadable;
  • fill out the form in legible handwriting or block letters;
  • try to avoid the appearance of blots and corrections in the document - they may subsequently lead to the emergence of 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 on the form.

To find out how to fill out a European accident report, read the instructions below.

  1. Filled out front side . At this stage it is necessary:
    • indicate information about the place and date of the incident. Here you must indicate the exact address of the accident site, and if the accident occurred on the highway, record its name and the number of the kilometer where the collision occurred. When recording the date and time of an accident, you should also be extremely careful and record its time accurate to the 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 be no people 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 details 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 vehicle owner on the date of the accident, as well as indicate the insurance policy number and its validity period;
    • 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 requiring complex repairs or complete replacement car parts;
    • draw up an accident diagram. There are no uniform rules for its creation, but when answering the question of how to draw a diagram of an accident, it is worth noting that you should strive to make an extremely clear drawing, the analysis of which will not raise any additional questions. The preparation of the circuit is carried out in the following sequence:
      • The position of the road section on which the accident occurred is marked on a piece of paper, indicating the names of neighboring streets and house numbers located nearby (if there are other landmarks nearby, for example shopping centers, libraries, etc., it is worth noting them 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 area (as a rule, vehicles are depicted in the form of rectangles) with the code “A” or “B” indicated on them (in accordance with the code specified in the notice at the stage of vehicle description); the driving direction is indicated by arrows, the impact location is indicated by the X symbol;
      • under the graphic image it is necessary to give a transcript of all symbols, used to create the diagram;
      • in column 15, if necessary, you can indicate information that is missing 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 independently draw up the back side.

  2. The reverse side is filled in. 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 availability of additional information about the accident obtained during photo and video filming (including using a video recorder).

  3. If, after signing and separating the road accident notification forms, it is necessary to make adjustments or additions to the document, they must be certified by the signatures of both participants.

Limit of payments according to the European protocol

Currently, the maximum amount of compensation due to a 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 adjacent Moscow and Leningrad regions.

However, for residents of Moscow, St. Petersburg, the Moscow and Leningrad regions, when registering an accident without authorized persons, the limit can be set at 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, ensuring prompt receipt of information generated in an uncorrected form based on the use of signals from the global navigation satellite system Russian Federation information allowing 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 integrated with the federal state information system " one system identification and authentication in the infrastructure providing information technology interaction information systems, used to provide government and municipal services in electronic form”, meeting the requirements established by the professional association of insurers in agreement with the Bank of Russia, and ensuring, in particular, photographing vehicles and their damage at the scene of a traffic accident.

FAQ

Within 5 working days from the date of the accident, the culprit of the accident sends a notification form about the road traffic accident to the insurer who insured his civil liability (the front side of which is filled out by both drivers, the reverse of which is the culprit of the accident). This can be done by personally visiting the company’s office or sending the document by mail with a list of the attachments and subsequent notification of delivery to the sender registered letter. In addition, the owner of the guilty vehicle without consent writing insurers must not begin repairs or disposal before the expiration of 15 calendar days, with the exception of non-working days holidays, from the date of the traffic accident and within five working days from the date of receipt of the request from insurers, is obliged to present the vehicle for inspection and (or) independent technical examination. Violation of these rules may become the reason for the insurance company to file a recourse claim against the culprit 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 by an accident;
  • a duly certified copy of the identity document of the victim (beneficiary), i.e. passport;
  • documents confirming the powers of the person who is the representative of the beneficiary, i.e. power of attorney;
  • documents containing bank details for receiving insurance compensation, if the payment of insurance compensation will be made by bank transfer or an application for organizing and paying for the restoration of the damaged vehicle of the victim at a service station;
  • consent of the guardianship and trusteeship authorities, if the payment of insurance compensation will be made to a representative of a person (victim (beneficiary)) under the age of 18;
  • notification of a traffic accident (the front side, completely filled out by both participants in the accident with signatures and a diagram; the back side, filled out by the victim; the back side, filled out by the tortfeasor, is attached only if both copies of the accident notice were presented to the victim’s insurer)
  • 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 applicant’s innocence (for example, a memory card used in a recorder or mobile phone), it should also be handed over to a representative of the insurance company.

Even if the culprit of the accident violates the deadline established by law for submitting the European protocol to the insurance company (or does not submit the document to the insurer at all), the victim will still receive the payment due to him.

Until 2014, it was impossible to file an accident under a simplified scheme if the injured party’s car had a CASCO insurance policy. Currently, the legislator does not prohibit drawing up a European protocol for CASCO insurance, so if you are the owner of such a policy, you can draw up a European protocol and subsequently receive the payment due on it.

But it is worth considering that the settlement occurs in accordance with the Federal Law of April 25, 2002 No. 40-FZ “On compulsory insurance of civil liability of vehicle owners,” i.e., only if both participants in the accident are insured under compulsory motor liability insurance 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 occurs in a parking lot is equivalent to use of a vehicle, therefore, is issued in a similar (including simplified) manner.

A non-contact accident is a type of road traffic accident in which the car that caused the accident does not directly cause any damage to the injured vehicle, but creates a situation that entails damage to the other 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, a European protocol cannot be drawn up, since the condition providing for the registration of an accident without the participation of CA employees has not been met (the road accident occurred as a result of the interaction (collision) of two vehicles).

To avoid questions that may arise from traffic police officers who stopped a car to check documents after an accident, have the form confirming the fact of the accident certified by a representative of the insurance company.

Registration of accidents without the participation of traffic police officers is becoming increasingly common, when drivers have to act independently.

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

What is the European protocol, how does it work, how does compensation work and what pitfalls can there be - you will learn all this from this article. Ready? Go!

The Europrotocol is the registration by drivers of documents about an accident without calling traffic inspectors. That is, this is an opportunity for drivers to independently receive compensation for. Valid throughout the Russian Federation.

The main advantage of the European protocol is that you don’t have to wait for the traffic police to arrive and fill out paperwork. And you won't have to pay for traffic violation. Other drivers also benefit from this, because those involved in an accident can clear the road almost immediately, which means there will be no traffic jams.

In what cases can the Europrotocol be applied?

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

  • Only two cars were involved in the accident, and apart from them nothing was damaged;
  • no casualties of people;
  • Both drivers' liability is insured under compulsory motor liability insurance or “Green Card”;
  • participants in the incident have the same view of the circumstances what happened, culpability, amount of damage.

It’s also worth calling the police when your opponent behaves inappropriately, makes threats, or... In addition, there is a limit on the amount needed to repair damage. Read about this in the subheading: “What is the payment amount.”

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

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

The only document regarding an accident for obtaining compensation under the “motor vehicle” under the Europrotocol is the Notification of the accident, which is why the document itself is often called not the “Notice”, but the “Europrotocol”. By the way, it is also necessary to fill it out when registering an accident by police officers.

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

The front side is self-copying, filled out jointly by the participants in the accident. The reverse – by each driver separately. The document contains information about the participants in the accident, the circumstances of the incident, a diagram of the accident, and the nature of the damage. The signatures of the participants are required, and in the case of the European Protocol, an admission of guilt by one of them is also required.

Where can I get the Europrotocol form?

Two sets of Notice forms are issued free of charge to each policyholder upon purchase of an MTPL policy. If for some reason you do not currently have these forms, you can also obtain them for free at any representative office of the Insurance Company.

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

Is it possible to print the Europrotocol yourself?

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

That is, road accidents can be recorded on self-printed forms. But I don’t recommend doing this because:

  1. original forms – self-copying, that is, you will have to write half as much on them, and there is no chance of information discrepancies between the two sheets;
  2. The IC may find fault with “wrong” documents. Of course, such nitpicking is illegal, but you don’t want unnecessary problems, right?

What is the payout amount?

Now, if you independently prepare documents for an accident, the insurance company will pay an amount not exceeding 50,000 rubles. An exception is made for accidents that occurred in Moscow, St. Petersburg, as well as the Moscow region and Leningrad region, when the so-called unlimited Euro protocol can be applied.

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

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

Why is the Europrotocol dangerous?

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

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

Note. Law enforcement officers can quite legally refuse to go to the scene of an incident if there are no casualties. Typically, those involved in minor accidents are offered two options:

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

An exception is made for cases when a person received in an accident injuries that appeared after the accident was registered. In this case, he has the right to apply to the insurance company of the tortfeasor to receive compensation for.

Application and payment deadlines

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

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

Receiving a Refund

There are two options for receiving compensation:

  • repair at a car service station, with which the insurance company has concluded an agreement, paid for by the insurance company;
  • pay Money.

For MTPL policies purchased from April 28, 2017 for passenger cars owned by citizens, new rules for receiving compensation apply. Refunds can now only be received in kind by default.

Repair according to the European protocol

There are two possible repair methods:

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

In both cases, the service station is selected by the victim from the list proposed by the Investigative Committee. When settling losses under one of these options, wear and tear of the vehicle is not taken into account, unlike all other methods of obtaining compensation.

In exceptional cases, you can also receive monetary compensation. According to the European Protocol, these may be the following situations:

  • the cost of repairs was higher than the limit compensation under the European Protocol;
  • the insurer cannot organize repairs at a service station, meeting the requirements of regulatory and legal acts;
  • the victim is disabled who has a vehicle in accordance with medical indications;
  • by written agreement with the insurer.

In my opinion, the first point deserves special consideration, since it is the most typical when drawing up the Europrotocol.

If the damage is greater than the amount according to the Europrotocol

As I already wrote, for most cases the maximum payment when filing a traffic accident yourself is 50,000 rubles. And it happens that drivers incorrectly assess the damage at the scene of the accident; a detailed inspection reveals hidden damage, and the amount of damage exceeds what is allowed under the European Protocol. Demand more established by law amounts cannot be transferred from an insurance company. Therefore, two options are possible:

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

Which option is preferable must be considered separately for each situation.

If the culprit has not sent a Notice to the insurer

This situation must be considered from two sides: for the culprit and the victim. If the tortfeasor did not fulfill his obligation to send his insurer the part of the notice form that belonged to him at all or did not bring it on time, then he, according to paragraphs. "g" clause 1 art. 14 of the Federal Law “On Compulsory Motor Liability Insurance” will receive recourse claims from the insurance company. All the money spent on her to compensate for the damage will have to be paid to her by the person causing the harm.

This should not play any role for the victim. If he fulfills his legal duties, he is entitled to compensation. He is not obliged to be responsible for the actions of the other party. The Investigative Committee must sort things out with the culprit.

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

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

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

This should not concern the victim. He provided Required documents– has the right to receive compensation.

Refusal to pay

First you need to understand why exactly the insurance company refuses to compensate for the damage. Typically, under the Europrotocol, insurers cite one of these arguments as justification for refusal:

  • errors in filling Notices;
  • failure by the culprit to fulfill his due obligation in law.

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

Very rarely, insurance companies find fault with minor defects that do not affect the correctness of the document. This is already an unlawful refusal.

And also the second reason mentioned above is the most common - the tortfeasor did not show his car, did not submit a Notice, etc. These circumstances do not provide a legal reason to refuse compensation, so you will have to seek justice with a complaint, pre-trial claim, and, possibly, litigation . But the law is on your side, so don’t doubt that you will win against the insurer in court.

There are also cases that are common to any procedure for registering an accident, for example, when the policyholder did not notify the insurance company on time. All these cases are also discussed in the article linked above.

  • use the Europrotocol, it's really fast and convenient;
  • correctly assess the damage, if in doubt, refuse the simplified design;
  • carefully study how to write a Notice correctly, carefully check its correctness. Instructions are always included with the forms;
  • don't forget about the need send a notice to the Investigative Committee, mandatory for each participant;
  • remember the obligation to provide the car for inspection. The vehicle cannot be repaired before the end of the period of 15 days from the date of the accident (excluding non-working ones).

Conclusion

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

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

Video bonus: 5 tough cases of body snatching.

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 it is necessary to fill out the relevant fields);
  • 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 was damaged 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 readings, photos. All this information is analyzed by the insurer if doubts arise about correct drafting 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 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 registration conditions were met, I. I. Petrov soon received a payment according to the protocol in the amount of 34,000 rubles - given size 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 environment, there is an opinion that Insurance companies Every letter is carefully studied in order not to pay damages according to the 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 regarding insurers’ refusal to pay compensation without justification, then these companies bear responsibility huge expenses. 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.



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