For all participants in an accident, in the event of a minor accident (small scratches or scuffs on the car), if the parties involved do not want to call the relevant authorities, it is possible to file this incident in accordance with the letter of the law in order to subsequently cover the losses with an insurance policy.
According to the legal definition, a European protocol is a document that regulates a traffic incident without attracting the attention of the traffic police. Participants in an accident can use a unified form, which will allow them to further determine and collect the amount from the person at fault, and also facilitate compensation for losses.
How to compose?
The European protocol is filled out in 2 copies, one for each driver. It is important not to make any blots or cross-outs, as this document will be considered invalid. And the trial in this case may make its own changes.
After the incident, within 5 working days, the driver is obliged to provide the insurer with a notice of the incident. In the case where the guilty party is the second driver, and the first one claims to receive compensation for damage, in addition to the Notice, a claim for insurance compensation must be attached.
In addition, it should be noted that it is strictly prohibited to carry out car repairs within 15 days without prior written notice.
The front side states:
- Identifying information of both drivers, make and model of car.
- The real and nominal driver of the car in which the incident occurred.
- Number of injured, if any, number of damaged vehicles.
- Exact time and date of the incident.
- Involvement of law enforcement agencies.
- Full name of the insurance company where the policy was purchased.
- Using the arrows, you need to indicate the exact nature of the damage.
- Carefully list the units and parts that have different levels of damage.
- Schematically indicate the options for an accident.
- Secure with seals.
On the reverse side of the European protocol, it begins with:
- Marks about columns that were not filled in on the front side.
- Orderly indication of the circumstances of the accident.
- Notes.
It is important to note that the European protocol is not issued in cases where calling the traffic police is necessary. In particular:
- When third parties are involved in an accident. Moreover, the latter received severe or fatal injuries.
- If the driver or the one who drove the car does not have compulsory motor liability insurance.
- Participation of just one participant in an accident (crashed into a tree, pole, etc.
How to correctly draw up a European protocol.
In order to take advantage of all the benefits that the European protocol provides, you need to be very meticulous in its drafting, without missing a single detail. If the participants in the accident are convinced that there are no obstacles to drawing up a European protocol, they can safely proceed with the formalities.
First, fill out the front side of the form. It must indicate the city, street and house closest to the accident site. If the accident occurred at an intersection, then the intersection of streets is noted on the form. In the event of an accident on a highway, you must indicate the highway number, direction of travel and approximate kilometer. Next comes a column with the date and time of the accident.
The number of damaged vehicles must always be two. There should be no wounded or damaged people in an accident - if there are victims, you must call the traffic police. Also, police officers must be called if the sobriety of one of the drivers is in doubt, since only they have the right to send for a medical examination.
In the line “material damage caused to other vehicles” there must be a check mark next to the word “no”. This will be further evidence that only two vehicles were involved in the accident. However, you can additionally indicate that the damage was caused to other personal property if the total amount of this damage does not exceed twenty-five thousand rubles.
It is advisable to indicate the contacts of one or two witnesses to the accident; this will be very helpful if a controversial case arises when communicating with the insurance company. Next, you should note that the registration was not carried out by the traffic police officer, and then fill in the information from the certificate of state registration of the vehicle.
Then you need to provide the details of the owner and driver of the car. It is important to understand that the driver of the vehicle does not have to be its owner. The insurance company will compensate for damage not only to the owner, but also to the person who has a notarized power of attorney with the right to receive insurance compensation.
Now you need to write which company the car was insured with and go directly to the details of what happened:
- mark the location of the initial impact;
- indicate the nature and list of damages;
- highlight the comments (in this paragraph, the person responsible for the accident MUST note
- admission of guilt, and the innocent person - to emphasize his innocence);
- draw a diagram showing the circumstances of the accident.
After filling out all the data on the front side of the European protocol, both drivers are required to sign as a sign that there are no disagreements between them.
There are much fewer points on the reverse side of the European protocol. Here you need to indicate the car for which the data was filled out on the front side. Then, in your own words, briefly describe the circumstances of the incident and note who was driving - the owner of the car or a third-party driver. After this, you need to again emphasize that only two vehicles were involved in the accident, and indicate what property other than the car was damaged.
Finally, you should determine whether the car can move under its own power, and fill out the notes - they need to indicate whether photography or video was taken at the site.
Where can I get the form?
You can obtain a European protocol form from the insurer where the insurance contract is concluded. If lost, the form can be obtained again by writing to the insurance company.
As a rule, insurance companies, along with the form, issue brochures with insurance rules and notification forms.
There is not a single regulatory document that would limit the ability to use a self-copying copy. However, there have been cases in which the insurance company refused to accept documents downloaded from the Internet. Therefore, you should fill out the document in 2 copies and 2 different samples.
What to do if the “Europrotocol” is drawn up incorrectly
Often, self-reporting of an accident raises a lot of questions among drivers, which is why mistakes are made when filling out European reports. Accordingly, insurance companies refuse to pay money, and this significantly increases the degree of dissatisfaction. At the moment, in our country there is even a limit on the maximum payment under European protocols, since insurers are seriously afraid of fraud on the part of vehicle owners.
Many drivers believe that any incorrect icon in the European protocol can serve as a reason for refusal to issue insurance compensation, but this is not entirely true. And even if the European protocol is indeed drawn up with errors, this does not mean that obtaining insurance is impossible. It often happens that citizens are well aware of their responsibilities, but are completely unaware of their rights, and therefore become obedient instruments in the hands of negligent organizations.
In order to get out of a difficult situation with dignity, it is best to turn to professional lawyers who can competently resolve the contradictions that have arisen and defend the legal right to receive insurance compensation. Only specialists can understand all the details and help drivers injured in an accident. An experienced lawyer will help you recover from insurance agents an amount sufficient to repair the damage to the car and understand all the intricacies of the European protocol so that similar difficulties do not arise in the future.
Sample filling
The Europrotocol has two sides – front and back. The front one, as a rule, is considered self-copying, the second one is filled out twice. Filling out the document can only be done with a ballpoint pen.
It is important to provide reliable information about the circumstances under which the incident occurred, as well as describe the scheme. In addition, indicate your passport, address and registration.
Euro protocol form in .doc (Word) format and a sample for filling it out.
Compilation example:
Where can I find the European protocol form?
The European accident report form is freely printable. It does not require official certification, so there are no strict requirements for obtaining it. A person will not have to contact the state traffic police in advance, although the help of a lawyer will still be useful. His knowledge will ensure that insurance companies fill out the information correctly.
The legislation of the Russian Federation spells out all the necessary rules. By following them, the driver will not violate the requirements, so the insurer will have to transfer the necessary amount of money. An experienced auto lawyer will indicate the main points and then tell you how to submit the document to receive payment.
When is the European protocol valid?
The protocol cannot be applied in all cases, since in order to issue a European protocol, the participants in the incident must meet certain conditions.
Namely:
- Mutual agreement to a peaceful solution, without involving law enforcement agencies in solving the problem. Otherwise, it is better to seek help from the competent authorities in order to resolve the issue of guilt with a clear and professional view.
- Absence of victims, third parties, in particular – death or presence of victims at the scene of the accident.
- No alcohol, drugs, or other chemical substances.
- Both participants in the accident have an MTPL insurance policy.
- Availability of notification of an accident.
- Only two vehicles are involved in the accident.
- Damage is caused exclusively to cars.
The European protocol must be completed with recording of video and photo evidence of GPS position
Photographs of an accident should record as much as possible the circumstances and surroundings of the incident. First of all, they photograph the damage to the vehicles, as close as possible and in an enlarged volume. At the same time, the photographic angle should be such that it is possible to see all the signs identifying the car (license number, location of the incident).
Also, the road, road signs, as well as markings and traffic lights must be visible.
It is advisable to record the weather conditions under which the action occurred. The braking distance must be recorded; if any, there are any flying car parts that need to be photographed, taking into account the identification of their size.
Rules for drawing up a European protocol in case of an accident
Road accidents under the European protocol are dealt with much faster. Both drivers experience no delays, which is an important advantage. In practice, they easily cope with the problem without calling traffic police inspectors. In this case, you need to consider some rules:
- Consent of both parties;
- Availability of a compulsory motor liability insurance policy;
- Minor damage.
The rules of the European protocol for road accidents are not so complicated. Although they should also be considered in detail, explaining some of the details. You can take advantage of the provisions of the law only under certain conditions, which must not be forgotten.
Consent of both parties
Actions under the European protocol in case of an accident remain simple, but they are only available with the consent of the participants in the collision. Otherwise, a denial will subsequently appear, and the insurance company will issue a fine for violating its requirements when considering the disaster. Usually there are no problems with this item, because it is easier to fill out the form in a couple of minutes than to wait for hours for the hearing.
Availability of MTPL policy
Drawing up a European accident report is only possible if both participants have a valid MTPL policy. It will be required for subsequent proceedings between insurance companies and payments under compulsory motor liability insurance. If someone’s documents have expired, they will have to wait for the traffic police inspectors, since insurers will ignore the prepared papers.
Minor damage
The amount of damage under the European protocol in case of an accident remains small. Yes, there are discussions about increasing it, but no decision has been made yet. For this reason, one has to put up with small payments, and if drivers believe that the payment should be large, they will have to go through the official route with the participation of government officials. It was precisely such minor collisions that were usually paid for immediately, so the expediency of the new documents is clear.
Payment amount
European protocols, according to the Law, imply coverage of damage in strictly established amounts.
Thus, under the European protocol you can receive compensation in the amount of:
- According to OSAGO , the maximum amount of coverage for losses is 50,000 rubles.
- According to the European protocol , without law enforcement agencies - 400,000 rubles.
Important - when assessing compensation, the maximum wear of parts should be 50%.
The insurance company has no right to refuse to provide payment or accept documents. However, if the policy of the person responsible for the accident has long expired, or it is not included in the MTPL policy at all, the insurance company has the right to refuse to cover the damage.
Sample form and filling
What sample European protocol should drivers study? Do not refuse useful information provided by lawyers. They will tell you how to fill out the fields correctly so that unnecessary questions do not arise later. Who is at fault for an accident according to the European protocol? How to enter data? A design example will answer these questions.
- On the two protocols, each driver indicates their own information in their own columns.
- On the reverse sides, each driver independently describes the situation.
- Both protocols are signed and the date is indicated.
A sample European accident report will tell you how to take into account important details. The document will subsequently be used by the insurance company to review the situation, so you should not be surprised at the thoroughness of the review by each side. The appearance of even minor errors will cause difficulties. Yes, it will always be possible to dispute damage in an accident, but it will take a lot of time.
What to 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:
- 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.
- 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.
- 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 general panorama of the accident scene, the damage caused to both cars, any signs of braking, vehicle license plates, as well as broken parts. You can also record the damage using the AlfaInsurance 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.
- 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.
- Fill out the accident notification forms
The procedure for filling out the “Europrotocol” or an accident notification form
The rules for drawing up the Europrotocol are regulated by Federal Law No. 40 of April 25, 2002 “On Compulsory Motor Liability Insurance”. The notification form has two sides. The form is divided into 2 parts, the transport is conventionally designated as car “A” and “B”.
Only one form is filled out, and the front side is filled out jointly by the participants in the accident and certified by signatures.
First, fill out the front side of the form, and only then the back.
After entering all the data on the front side, the form can be divided, the back side is filled out independently by each driver. Despite this, drivers must agree on everything that is entered into the forms on both sides. To avoid making corrections in the columns where there is empty space left, you should cross out.
The driver of the car must have documents for the car (technical passport, power of attorney to drive), and it must also be included in the insurance policy. If the driver driving the car is not included in the policy, then the insurance compensation will not be paid. In this case, you can claim the amount of damage from the culprit through the court, but to do this you need to call the traffic police to record the incident.
Attention! If the culprit and the victim in the same accident sent insurance forms in a timely manner, but the information included in the European Protocol contradicts each other, then the insurer has the right to refuse to pay compensation.
To fill out the Europrotocol you will need the following documents:
- participants' passports;
- driver's license;
- PTS car;
- power of attorney to drive a car (if any);
- insurance policy.
All data must be filled out with special care; corrections are not allowed. If there is an application, it must be certified by the signatures of both parties. Contacts of witnesses are also indicated in the protocol. In the column “My comments” it is indicated who is the culprit and who is the victim. This paragraph can be supplemented with additional information that is integral to the accident. The details and contacts of witnesses are also written here.
Is it possible to use the drawing up of a European protocol for CASCO insurance?
You can use the simplified method of registering an accident even if the participant in the accident wants to receive compensation under CASCO. Since the end of 2014, a self-completed Road Accident Notice with photo and video materials from the accident scene has been a legal basis for claiming compensation. The limits for MTPL and CASCO are equal - 100,000 rubles, the notification and application deadlines are also similar - 24 hours from the moment of the accident to notify the insurer of the occurrence of an insured event, and 5 calendar days to submit an application for payment.
We parted ways according to European protocol. When and how can you file a road accident using a simplified scheme?
A simplified road accident registration scheme is becoming increasingly popular. If no one was injured and there are no disagreements between the participants in the accident, there is no point in wasting time waiting for the traffic police and creating obstacles on the road. How to draw up a European protocol in accordance with all the rules so that the traffic police do not “wrapp up” the documents, and the insurance company compensates for the damage?
An accident on the road is always unpleasant. Even if the cars are only slightly damaged and the drivers have insurance, it still takes a long time to process an accident. Traffic police officers cannot always arrive promptly at the scene of an accident, but you have to wait for them - without registering an accident it is impossible to obtain insurance.
To reduce the burden on traffic police inspectors and relieve drivers from having to stand in the middle of the road for hours with their emergency lights on, in 2009 the State Duma introduced the concept of “European protocol”. This is a simplified procedure for registering an accident without the participation of the police: drivers fill out a notice themselves, which entitles them to receive insurance compensation.
For a long time, this simplified scheme was not particularly popular: less than 1% of all road accidents were reported under it. In 2014, the State Duma increased the payment limit under the European protocol from twenty-five to fifty thousand rubles, and the share of independently registered accidents increased to 10%. Now the limit is even higher: under the European protocol you can get up to one hundred thousand rubles of insurance, and in Moscow and St. Petersburg - four hundred thousand.
— In 2020, our company made about seven thousand payments under European protocols in the Tomsk region - this is more than half of all payments. The popularity of European protocols is definitely growing. People learn to negotiate at the scene of an accident, awareness of the possibility of using a simplified scheme is expanding, and the qualifications of emergency commissioners are improving. When the payment limit for European protocols increases, they will be used even more actively,” comments the chairman of the board of directors of the insurance company, Vadim Chmukh.
Number
From October 2020, 400,000 rubles will be the maximum amount of insurance payment under the European protocol in all regions of Russia.
When can you issue a European protocol?
Both the State Traffic Inspectorate and insurance companies recommend using a simplified road accident registration scheme.
The main advantage is saving time: both yours and other people’s. Drivers do not wait for several hours for traffic police inspectors, and traffic jams do not form on city streets due to minor accidents. — Registration of the European protocol takes about 30-40 minutes. State Traffic Inspectorate employees do not have a time limit for attending minor incidents. They respond to such incidents based on the operational situation and the workload of the crews,” explains Alexey Cherepnin, General Director of Avarkom-Tomsk LLC.
But the European protocol cannot be used in every accident. There are several conditions that must be met when filing an accident yourself.
1. There is no harm to the health of any of the participants in the accident. That is, people involved in an accident do not need medical assistance, and only vehicles were damaged. Any harm to human health excludes the use of a simplified scheme.
2. Only two cars participate. If three or more cars are involved in an accident, you will have to call the traffic police. An accident involving one car will also not be possible to handle on your own. For the European protocol, two cars are needed, no more, no less.
3. No other property was damaged except vehicles. If after a collision the car crashes into a road sign or damages a fence, the European protocol will no longer work.
4. Both participants in the accident have a valid MTPL policy. If the liability of at least one of the drivers is not insured, the intervention of a traffic police officer will be required.
5. There is no disagreement regarding the culprit of the accident and the amount of damage. If drivers cannot agree which of them is to blame and how much it will cost to repair the car, it is better to abandon the European protocol. Modern forms also provide room for disagreement, but in the future this may complicate the procedure for receiving insurance payment, especially if photo and video recording of the accident scene does not meet the requirements of the traffic police.
“There are cases when drivers, even if they agree in the circumstances of an accident, wait for the arrival of traffic police officers, fearing that they will not be able to receive insurance compensation later,” explains Alexey Cherepnin.
Another important point is the payment limit under the European protocol of one hundred thousand rubles. If, according to a preliminary assessment, the damage exceeds this amount, call the traffic police, otherwise you may not expect full compensation from the insurance company.
The European protocol is filled out without the participation of a traffic police inspector, so no one will have to pay a fine for violating traffic rules. However, if the culprit of the accident is obviously drunk or behaves inappropriately, it is still recommended to contact the State Traffic Inspectorate.
Statistics
According to the traffic police, in 2020, 780 accidents were recorded in the Tomsk region. Over the five months of 2020, 178 accidents occurred in the region, which is 28% less than in the same period last year.
How to draw up a European protocol
Registration of an accident under the European Protocol means filling out a special form called “Notification of a Road Accident”.
The notification of an accident consists of two sheets - the main one and an additional one, onto which information is copied from the main one. The sheets have equal legal force, so it doesn’t matter which driver gets the main sheet. It also does not matter whose form will be filled out: the culprit of the accident or the victim. The notification form must be issued by the insurance company when applying for a policy. If you have used or lost your form, you can get another one for free from your insurance company. If you have electronic compulsory motor liability insurance, you can use the European protocol in your personal account on the website. In the fall of 2020, insurers plan to completely switch to electronic document management, but until then they will have to fill out paper notices.
So, after a collision, the first thing to do is turn on your hazard lights and put up a warning triangle. After this, make sure that the accident meets all the criteria of the European protocol, which we wrote about above. If everything matches, you can start filling out the form. Collect contact information for witnesses.
Record the details of the accident in a photo or video: a general plan of the area, braking marks, broken and damaged elements of vehicles, their fragments on the road, both cars with license plates. It is better to enter information with a ballpoint pen so that the ink does not smudge or wear off. Drivers each fill out their own column, and then put two pairs of signatures on two sheets of paper on the front side: under the information and under the consent. The driver who owns the copy of the notice signs on the reverse side.
A completed and signed notice is not considered an act recognizing the guilt of a participant in an accident, but the guilt of one of the participants in the accident must be indicated in the notice unambiguously, without reservations. When filling out the form, pay attention to point 14 - all damage to the car must be described in as much detail as possible. Make sure that the other driver does not record any damage that is not related to the accident on the form.
Another important point is the 17th, it contains a diagram of the accident. The accident diagram must necessarily reflect the markings of the roadway with street names, the direction of movement of cars, the final position of vehicles after a collision, signs, traffic lights, road signs and objects related to the accident.
Road accident diagram
After video or photographic recording of the accident scene and drawing up a diagram, vehicles must be removed from the roadway so as not to interfere with traffic.
Otherwise, you can receive a fine of one thousand rubles for violating Art. 12.27 Code of Administrative Offences. Any corrections to the form must be certified by the signatures of both drivers. If the notice does not have enough space to describe all the details of the accident, you can make an application from an ordinary blank sheet, certified by the signatures of the drivers. After filling out the forms, call your insurance company and notify them of the accident.
You can try to register an accident through a special mobile application “DTP.Europrotocol”, which was released by the Russian Union of Auto Insurers. But its operation raises many questions, so it’s better to download the application in advance (let it be on your smartphone just in case), go through authorization and understand the functionality. In the same application, you can check the authenticity of the insurance policy.
Avarkoms
In a state of stress after an accident, it is easy to make a mistake in the notification or omit some important details of the incident.
This may make dealing with the insurance company more difficult in the future. — When drivers file an accident on their own, disputes may arise. A driver who pleads guilty may change his mind and try to prove mutual guilt - this will complicate the process of receiving insurance payment: it will be postponed until the court’s decision, notes Vadim Chmukh. — The most common mistakes made by drivers are an incorrectly drawn up road accident diagram and incorrectly described vehicle damage. Therefore, insurance companies recommend using the services of accident reports, which accurately and accurately describe all aspects of the accident, which reduces the likelihood of disagreements and disputes.
If you are not sure about any details of the accident or are afraid of making a mistake, it is better to use the services of emergency commissioners.
— An independent specialist will soberly assess the situation and correctly draw up documents about the incident. The cost of registering an accident by an emergency commissioner is two thousand rubles. Some insurance companies offer additional insurance, including the services of accident commissioners,” comments Alexey Cherepnin. — Avarcom is not a participant in the traffic accident. Being present at the scene of an accident, he helps the participants in the accident to correctly draw up documents and can subsequently be brought to participate in court proceedings as a witness.
Both the victim and the culprit of the accident must submit completed forms to their insurance companies within five working days from the date of the accident. If the person at fault for the accident does not provide his insurance company with a copy of the notice within five working days from the date of the accident, the insurer has the right to recover from him a loss in the amount of the insurance payment made.
“The terms of payment under the European protocol do not differ from the terms of payments for road accidents issued by traffic police officers,” says Vadim Chmukh.
Registration of road accidents without traffic police is common throughout the world, and Russia is successfully adopting this practice. In case of minor accidents, the European protocol can save a lot of time. But do not take filling out forms lightly - your insurance payment depends on the quality of filling out the notice.
Details
Documents required to receive insurance payment after an accident
- Completed accident report;
- Passport and copy of driver's license;
- OSAGO policy;
- Documents confirming ownership of the car;
- Written testimony of witnesses (if any);
- Claim for damages;
- Electronic media with photographs and videos from the scene of an accident.
Recommendations for filling out the European protocol
If, when drawing up a European protocol, someone made a factual error (not a grammatical one), it is not necessary to look for a new form. It is enough to correct it by carefully crossing it out and writing it correctly in the nearest free space. After this, next to it you must write “Believe the Corrected” and confirm the correction with the signatures of the participants.
All empty lines on the back of the form must be crossed out with a large “Z” symbol so that no one enters new information after signing the document. If the field is left blank, for example, paragraphs 4 and 5 on the reverse side, they must be crossed out completely.
Before filling out the tear-off form, place something flat and hard under it so that each word transfers well to the second copy.
Advice
Check to see if you have an accident notification form in your car.
Didn't find it? Contact the office of any insurance company - they will give you one free of charge. In addition to the notification form, you will also need a ballpoint pen and a flat, hard surface - a book, tablet or car hood. The notice is made of self-copying paper; when filling it out, you need to press harder on the pen to make the copy readable. A gel pen, felt-tip pen or pencil will not work. It is not necessary to photograph the accident scene and damaged vehicles. But it’s still recommended to take a few pictures with your smartphone just in case.
Do I need to call the traffic police?
It has already been said several times that there is no need to call traffic police officers when drawing up a European protocol. This rule is confirmed by the terms of the contract.
There are a number of circumstances when you cannot do without calling the traffic police officers:
- the accident involved more than two cars or there were injuries;
- there are disagreements between the participants in the accident or the second participant in the accident is aggressive;
- damage was caused to road or personal property of car owners;
- if the estimated amount of damage is more than the established policy limit;
- if the culprit of the accident committed a gross violation of traffic rules (lack of compulsory motor liability insurance policy, driving while intoxicated, etc.);
- if the second participant in the accident is not trustworthy (cases of presentation of false documents and a fake policy have been recorded).
After the traffic police have drawn up a protocol, a European protocol can no longer be drawn up.
When is a European protocol not drawn up?
Road accidents without a European protocol are not uncommon. The rules describe conditions that suggest that it is not always possible to do without inspectors. When will you have to go the usual way?
- Collision with a standing obstacle (tree, car in a parking lot, etc.);
- Traffic police rules were violated;
- Harm to the health of the driver or pedestrian.
In such cases, it is impossible to do without the participation of law enforcement agencies. You cannot do without an experienced lawyer in such situations, since insurance companies are usually in no hurry to pay out money. If you want to protect yourself from long litigation, it is better to use a proven method.
The Europrotocol first appeared in Europe, and today drivers in Russia use it. Due to this, traffic jams resulting from any accident are gradually reduced. Waiting for inspectors and experts often takes a long time, so for minor damage it is better to get rid of this problem.
Video about the European protocol in case of road accidents
What is the Europrotocol
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 road users to travel and minimizing the risk of new collisions. If you are the owner of an OSAGO or CASCO policy from an insurance company, you can be sure that filing an accident yourself using the European protocol will not become an obstacle to organizing and paying for the restoration of the damaged vehicle of the victim at a service station or paying monetary compensation to cover the damage caused vehicle.
Detailed instructions on how to correctly fill out the European protocol step by step:
Front side
So, let's look at each point in filling out a notification about an accident. The first 8 points are filled out by participants together.
- Point 1 – indicate the exact location of the accident: republic (region, territory), city, street, nearest building or highway number, direction, kilometer. For example, rep. Tatarstan, Kazan, st. Vishnevskogo, 53/4.
- Point 2 – 10 cells are given to indicate the date of the accident in the format DD.MM.YYYY and 4 cells to indicate the time HH:MM.
- Point 3 – indicate the number of damaged cars – 1 or 2. If there are more, you need to call the traffic police; you cannot indicate false information in the report.
- Point 4 – there should be no wounded or dead, insert “0” into both cells.
- Points 5-6 – checking for intoxication and damage to other people’s property. Check mark, plus sign or cross o in all fields.
- Point 7 – we indicate eyewitnesses: full name (if he is a passenger, indicate this in brackets), telephone number, address or other contact information.
- Point 8 – registration was not carried out by the traffic inspector, therefore Fr.
From the ninth to the fifteenth points, drivers fill out separately. Each item is duplicated twice: on the left are the items for the driver of car “A”, on the right – for the driver of car “B”. There is no indication which side the culprit should choose and which side the victim should choose. It doesn't matter.
- Paragraphs 9-11 – information about the vehicle, owner, and driver is entered. Fill out each field, even if the driver and owner are the same person. All necessary data can be taken from the vehicle passport, vehicle registration certificate, driver’s license and power of attorney.
- Clause 12 – information about the insurer and the MTPL policy.
- Point 13 is a small diagram with three types of vehicles: truck, passenger car, motorcycle. The arrow should indicate the location of the first impact in a car collision.
- Item 14 – description of damage. For example, a 14 cm long scratch on the front passenger door.
- Point 15 – in the “Remarks” field you need to indicate whether the driver admits guilt. Below this field is a place for a signature.
Points 16-18 are filled in together again:
- Item 16 – this item is located in the middle of the page, it lists the circumstances of the accident: where and how you moved, what maneuvers you performed. The driver of vehicle “A” marks his actions with a tick in the boxes on the left, the driver of vehicle “B” - on the right. The number of marked elements is indicated below.
- Point 17 – road accident diagram. Draw the road, markings, nearby buildings, road signs, cars (you can just use rectangles) with the signatures “A” and “B”, the direction of their movement.
- Point 18 – signatures of both drivers, which are placed after filling out the entire document.
back side
After filling out the front side of the form, it is separated, each driver takes one copy and fills out the back side independently. It is possible, although not advisable, to complete the European protocol at home. The main thing is to fill out the front side together.
- Point 1 – be sure to indicate which side you have chosen by filling out the front side: driver of vehicle “A” or “B”.
- Point 2 – here it is necessary to describe in detail the accident that occurred in free form. Indicate the actions of both yours and the other participant, as well as the date, time and place of events.
- Point 3 – select the option of who drove the vehicle: the owner or the driver by proxy.
- Points 4-5 – there should be no damage to other people’s property or other vehicles, so you just need to cross out the fields.
- Point 6 – it is necessary to note whether the car can move under its own power. If you keep the evacuation receipts, the insurance company will also reimburse the costs for it. However, if the car breaks down, the amount of damage may exceed the maximum threshold of payments under the European protocol, and the insurer will not compensate the entire amount.
- Clause 7 - in the notes you can write that photographs of the scene of the incident, damage to cars, recordings from the DVR are attached to the notice, and also that they have not been altered.
At the end of the form, the date of completion is indicated and a signature is placed. This completes the notification of an accident.
Changes in 2020
In May 2020, the Central Bank, which regulates the rules of compulsory motor liability insurance, approved changes that increase the amount of compensation under the European protocol from 50,000 to 100,000 rubles. The changes will come into force on June 1 and will be valid for all regions except those where the unlimited European protocol is in effect.
In order to realize the possibility of registration under the European protocol without a unanimous opinion of the participants on the circumstances of the accident, it is necessary to record them using “technical means of control and other devices.” In addition, disagreements must be included in accident notifications by both parties involved in the accident. Technical means of control mean the transfer of data through the ERA-GLONASS system or through a special mobile application.
However, the difficulty is that not all cars in our country are equipped with the ERA-GLONASS system. As of 2020, their number is about 1.2 million. In addition, there is no mobile application licensed by the Russian Union of Auto Insurers yet. Moreover, RSA has not yet formulated even the requirements for this application.