Reporting an accident to the traffic police
The law provides for the possibility of registering an accident without calling traffic police officers to the scene of the accident.
As soon as an incident occurs you must:
- Stop the car.
- Turn on the hazard warning lights.
- Install a warning triangle 15 meters behind the car in the city and 30 km outside the populated area.
Note!
If you do not put up an emergency stop sign, you may be issued a fine of 1,000 rubles. The number of signs displayed must correspond to the number of cars.
After this, you need to assess the situation. If someone is harmed, it is necessary to call an ambulance and the traffic police. If not, then if all the following conditions are met, there is no need to call the traffic police; it will be enough to fill out only the Europrotocol:
- There are 2 cars involved in the accident.
- The drivers agreed among themselves who was guilty.
- The amount of damage does not exceed 100 thousand rubles.
- The accident occurred on the territory of the Russian Federation.
- Both drivers have an MTPL policy. If a foreign car is involved in an accident, then a “green card” is required.
- No harm to health.
The scene of the incident must be photographed and videotaped. If it is not possible to register an accident using the European protocol, then you need to call the traffic police and follow the instructions.
Note!
To call the traffic police, as well as other services, you need to call 112.
Traffic police representatives come to the site, inspect, take photographs and interview witnesses. If one of the participants in the accident has disappeared, then the probable direction of movement is established and the information is transmitted to the duty station.
After all necessary actions have been completed, all data obtained is entered into the protocol. If drivers agree with the information contained in the document, they sign.
In the event that no one’s health was harmed in the accident, no damage was caused to state property, and the guilty driver agrees with his involvement, then the employees can only record the fact of the accident and invite them to the traffic police department to fill out documents.
Those involved in an accident will be required to undergo a test for intoxication. To do this, inspectors may be asked to breathe into a tube or sent to a medical facility.
How long does it take to file a traffic accident with the traffic police, i.e. | Petropavlovsk-Kamchatsky
2. General responsibilities of drivers
2.1. The driver of a motor vehicle is obliged to:2.5. In the event of a traffic accident, the driver involved in it is obliged to immediately stop (not move) the vehicle, turn on the hazard warning lights and display an emergency stop sign in accordance with the requirements of paragraph 7.2 of the Rules, and not move objects related to the incident.
2.6.1. If, as a result of a traffic accident, damage is caused only to property, the driver involved in it is obliged to clear the roadway if the movement of other vehicles is obstructed, having previously recorded, including by means of photography or video recording, the position of the vehicles in relation to each other and road infrastructure, traces and objects related to the incident, damage to vehicles.
If the circumstances of harm in connection with damage to property as a result of a road traffic accident or the nature and list of visible damage to vehicles cause disagreements among the participants in the road traffic accident, the driver involved in it is obliged to write down the names and addresses of eyewitnesses and report the incident to the police for receiving instructions from a police officer about the location of the registration of a traffic accident. If they receive instructions from a police officer to fill out documents regarding a road traffic accident with the participation of authorized police officers at the nearest road patrol post or police department, drivers leave the scene of the road traffic accident, having previously recorded it, including by means of photography or video recording. , the position of vehicles in relation to each other and road infrastructure, traces and objects related to the incident, damage to vehicles.
If the circumstances of harm in connection with damage to property 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, the drivers involved in it are not required to report the incident to the police. In this case, they can leave the scene of the traffic accident and:
draw up documents about a road traffic accident with the participation of authorized police officers at the nearest road patrol post or police unit, having previously recorded, including by means of photography or video recording, the position of the vehicles in relation to each other and road infrastructure objects, traces and objects related to the incident, damage to vehicles; draw up documents about a traffic accident without the participation of authorized police officers by filling out a notification form about a traffic accident in accordance with the rules of compulsory insurance - if 2 vehicles (including vehicles with trailers) are involved in the traffic accident , the civil liability of whose owners is insured in accordance with the legislation on compulsory insurance of civil liability of vehicle owners, the damage was caused only to these vehicles and the circumstances of the harm in connection with damage to these vehicles as a result of a road traffic accident do not cause disagreements between the participants in the road traffic accident ;
not to draw up documents about a road traffic accident - if in a road traffic accident only the vehicles or other property of the participants in the road traffic accident are damaged and each of these participants does not need to complete the specified documents.
Independent registration of an accident
If the accident meets all the conditions of the European Protocol, then there is no need to call the traffic police. Drivers fill out the forms themselves and submit them to their insurance companies no later than 5 days after the accident. An accident notification form is usually issued by the insurance company when purchasing an insurance policy. If there is no blank form, then you need to take it from the nearest office or download it from the Internet.
The forms issued by insurance companies consist of 2 sheets. There is no need to separate them. The first sheet is self-copying. It needs to be filled out with a ballpoint pen, then the information on the second one will be automatically duplicated.
All fields must be filled out in block letters. Marks and corrections are not allowed. On the front side you must enter information regarding both participants in the accident, and on the back side each driver writes about himself separately.
The information recorded must be true, and both drivers must agree on all points.
When filling out the European protocol, you should try not to get confused in terms. For example, “stop” and “parking”, “overtaking” and changing” are all different concepts.
In the “Notes” column you can indicate the presence of photos and video materials.
Note!
If drivers have contradictions, you need to call the traffic police.
If there are no disagreements when filling it out, then there is no need to go to the traffic police. The protocols must be submitted to the insurance company. This must be done no later than 5 days. You cannot restore the car yourself until an inspection by the insurance company is carried out!
Questions for automotive technical examination
The quality of the initial materials that were obtained at the scene of the accident is very important: they need to be processed at the scene of the accident. Problems will arise if the information in these papers is incorrectly formatted or unreliable. Problems will also arise if there is conflicting information. In this case, conducting an examination will be problematic.
Important! In the absence of complete information, when the trial has already begun, before filing a petition, you can attract additional data, for example, video footage, additional witnesses. This will to some extent help fill in gaps or inaccuracies in information.
Agreement on compensation for road accident damage. Find out about the new road accident certificate form here.
How to file a claim for compensation of insurance payments, read the link:
The experts are tasked with answering the following questions:
- Speed of movement of vehicles - if the examination is assigned to only one vehicle, then only data on its speed of movement?
- Diagram of the location of the cars before the accident.
- What does the trajectory of vehicles look like?
- Was it possible for the driver of the vehicle under study to prevent the accident from occurring?
- What should drivers have done in accordance with traffic regulations?
- Have any problems been found in the vehicle?
- When did they arise?
- What is the technical condition of the vehicle at the time of the examination?
- Is it possible to obtain a direct connection between the accident event and the occurrence of a technical malfunction?
- Are the malfunctions related to the accident?
- Can detected malfunctions in the condition of vehicles be associated with the occurrence of an emergency?
- What exactly is needed to restore the injured person’s transport?
- What materials, their quantity? What parts require replacement?
- What was the condition of the road when the accident occurred?
- Is the part of the road where the accident occurred damaged?
- What visibility and visibility was there at the accident site?
- Could these circumstances have influenced the occurrence of the accident?
- Were traffic rules violated by any of the participants in the incident, and by whom exactly?
In addition, the following types of examinations are carried out:
- Road – with its help the condition of the road and its arrangement are determined.
- Technical – as a result of this, data on the condition of vehicles is obtained and the car is assessed. It also provides a description of the general condition of the transport, the nature of the damage, the cost of its restoration is determined, and the damage caused is assessed.
- Traceological - the main task for it is to establish the mechanism of the incident. Here the following factors are established: the causes, whether the injuries received were related to the accident. Also, during this study, an examination of the traces left by the vehicle after the accident is carried out.
Timely examination allows us to fully recreate the picture of the incident. Most courts make decisions whether or not to bring charges on this basis.
Deadline for submitting an application to the traffic police about an accident
If a European protocol cannot be drawn up and the drivers have not agreed on a peaceful resolution of the conflict, then the traffic police should be called immediately. The law does not regulate the deadlines, but practice shows that if the application was recorded at least the next day, the application may not be accepted. This may be due to the fact that it is not possible to immediately inspect the scene of the accident, do a test for intoxication, etc.
If there is no opportunity to immediately contact the traffic police, then there must be documentary evidence of this.
Statute of limitations for road accidents
The statute of limitations for an accident is the period of time during which the culprit can be held accountable for the violation committed. For the victim of an accident, this period is important, because after its expiration it will be impossible to claim insurance payment or compensation for damage personally from the person causing the harm.
The limitation period is enshrined in the Civil Code of the Russian Federation. According to the document, the time for registering and filing a claim for all types of liability, including civil liability, is 3 years.
If the car is insured not under OSAGO, but under CASCO, the period is reduced to 2 years. This is due to the fact that CASCO is a property type of insurance, and not liability insurance.
Do I need to write a statement?
If the circumstances of the harm, the list of damages and their nature do not cause disagreements among the participants in the accident, then drivers may not report the incident to the police. In this case, they are given the opportunity to draw up documents about the accident themselves and not report to the police. Thus, you can independently record a traffic accident without calling the traffic police in the following cases:
- No one was injured in the accident;
- No more than two cars or other vehicles were involved in the accident;
- The participants have concluded a compulsory motor liability insurance agreement;
- There are no disagreements about the causes, circumstances of the accident, the culprit of the accident and the damage;
- The damage does not exceed 50 thousand rubles according to Art. 11.1 40-FZ (from June 1, 2021, the limit will be 100 thousand rubles).
All these signs are directly or indirectly contained in the Traffic Rules and the law on compulsory civil liability insurance for vehicle owners. The combination of all these signs makes it possible not to call a traffic police officer, but often the parties prefer to subsequently contact government agencies to obtain official confirmation. If the settlement does not require the intervention of the traffic police, then the application is not necessary.
