Necessary documents for registration
In order to confirm the fact of the accident and its nature, the parties must record in a photo or video the positions of the vehicles, all traces, things that are related to the incident, and list the extent and nature of the damage. The next step is to clear the road if cars are obstructing normal traffic.
Articles on the topic (click to view)
- Statement of claim for compensation for personal injury: sample 2021
- Statement of claim for compensation for damage caused by an accident: which court to apply to, sample 2021
A notification of an accident is filled out together, which is necessary, first of all, to receive insurance payments. You also need to draw up and sign a diagram of the incident.
It is the notification of the accident and its diagram that will be needed when submitting an application to the traffic police. The application for an accident does not have a strictly established form, but a number of facts and data are defined, the indication of which is mandatory.
Among them:
- The unit to which the application is being submitted, as well as the title and full name of the inspector receiving it;
- Full name of the applicant, his passport details, driver's license number;
- All participants in the incident, data on cars, their owners and authorized representatives;
- Drivers' full names, vehicle model, number and name of the insurer;
- Full name, passport details, address and driver’s license number of authorized persons;
- Description of the circumstances and causes of the accident, damage to the vehicle;
- Date, signature.
Previously, the application was submitted mainly in order to obtain a certificate in form No. 154 about an accident. Now this issue is less relevant.
It is also worth noting that the legislation today does not provide for the possibility of withdrawing a submitted application. It immediately goes to study the circumstances of the case.
However, administrative or judicial proceedings may be terminated due to the insignificance of the act. This can also be achieved if the parties have reconciled during the consideration.
Independent registration of an accident
Clause 2.6.1. The new edition of the traffic rules allows you to register an incident without calling a traffic police inspector to the scene of the accident if:
there were no injuries as a result of the accident;
both participants are insured in accordance with the Federal Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” (OSAGO);
the participants have no disagreements regarding the reasons, circumstances, culprit and assessment of damage;
Expert opinion
Semenov Pyotr Evgenievich
Lawyer with 10 years of experience. Specializes in family law. Extensive experience in document examination.
If at least one of the listed conditions is not met, you should call the traffic police and call an inspector to the scene of the accident. If the parties agree to register an accident without an inspector, the following should be done:
use photos or videos to record the position of the vehicle, traces and objects related to the accident and damage to the car;
clear the roadway if cars are obstructing traffic;
jointly fill out an accident notification for the insurance company;
draw up and sign an accident diagram.
If a decision is made to register the incident with the traffic police, both participants must contact the nearest traffic police post or police station with a statement.
How to get compensation if the damage to the car was caused without an accident?
An insured event occurs not only at the time of an accident; often cars are damaged mechanically. In such situations, it can be difficult for the owner of a damaged car to recover damages. the problem is the lack of information about the culprit of the damage, if there is one at all.
But ignorance of one’s own rights can also get in the way of successful collection of money. From this article you will understand how to get compensation in case of car damage without an accident. Cases where damage to the vehicle was caused by third parties deserve special attention.
To get out of a difficult situation and receive payment, you need to clearly know how to act.
Deadline for filing an accident report with the traffic police
An accident report is submitted to the traffic police to obtain the necessary documents provided to insurance companies for compensation for material damage. The rules do not establish a deadline for filing a complaint, but this should be done on the day of the incident.
Numerous examples of later applications indicate that in almost all cases inspectors refuse to consider such applications. The reasons may be different, for example, the impossibility of conducting an examination for alcohol intoxication.
You should not listen to “advisers” who suggest that the date of the accident be “transferred” to the day of filing the application. This is a forgery that threatens criminal liability. The inability to contact the traffic police on the day of the accident must be documented - this is the only thing that will avoid problems with obtaining documents for the insurance company.
Statement to the local police officer regarding damage to the car
How to arrange utilities for it and who will pay for them? City Name Phone Thank you! Your application has been accepted, our specialist will contact you shortly. Related documents:
The law stipulates that a statement from a citizen must be accepted at any police station, regardless of where the crime was committed. However, immediately contacting the police will help solve the crime as quickly as possible. As statistics say, the faster you declare, the faster the disclosure. Most crimes are solved without delay. For sample applications to the district police officer regarding damage to property and theft, see the appendix. But in the last year I have seen such refusals only a few times. Moreover, this reason for refusing to initiate a case can be used for some kind of “bargaining with the policeman - I recognize the damage to you as insignificant and you do not open the case without unnecessary writing, but you quickly give me the certificates.
Sample application to the traffic police about an accident
The application will be required in the event of an independent registration of an accident with a subsequent application to the traffic police to obtain a protocol for the inspection of the scene of the accident and procedural documents related to the consideration of the case of an administrative offense or refusal to initiate one.
The reason for filing an application may be a situation where one of the participants, for example, fled the scene of the incident or changed the initial decision made to do without involving inspectors. There is no standard application form, although some departments offer samples. The application should look like this:
Upper right corner of the sheet
Name of the territorial unit, rank, full name of the inspector.
Applicant's full name, passport details, address, series and driver's license number.
Below by
I (full name, year of birth) am a participant in an accident (indicate date, time, place and number of participants).
Participants in the incident (data of all cars, participants, owners and authorized persons):
Driver (full name), make and model of car, license plate number, name of the insurance company.
Authorized person (if any), full name, passport, address, driver’s license details. Power of attorney (number, date of issue).
Circumstances of the incident (describe the circumstances of the accident, causes and damage to the car).
Text of the application (Please provide me with documents for the insurance company (name) for compensation for material damage).
Road accident diagram with signatures of participants;
An accident notification completed and signed by the participants.
Date, signature of the applicant.
The application must be completed in two copies, one of which must be marked with receipt (keep this copy with you). The certificate must be provided to the applicant on the day of the incident.
The period for issuing a certificate can be extended to 7 days only if the participants in the accident are sent from the scene of the accident to a medical facility. The certificate is unlimited, that is, it has no time restrictions.
The most detailed rules cannot take into account all the surprises that life sometimes presents. Competent legal support for registering an accident and filing financial claims is often necessary to obtain compensation determined by law.
Seeking help from a professional lawyer will allow you to solve difficult problems in a short time and at minimal cost.
The content of the article
- Reporting an accident to the traffic police
- Independent registration of an accident
- Deadline for submitting an application to the traffic police about an accident
- Sample application to the traffic police about an accident
The deadline for filing an application for an accident with the traffic police is not regulated, but there is already an established practice on this issue. Failure to report an accident in a timely manner may result in loss of benefits from the insurance company. In order to submit an application to the traffic police about an accident, the sample must be filled out in accordance with the established rules.
If the insurance company refuses to pay without a certificate
The company has the right not to compensate for damage in the event of unproven guilt in an accident, absence of a valid compulsory motor liability insurance policy, settlement of the conflict on the spot, or failure to provide the vehicle for examination. Insurers also refuse to pay compensation if an incomplete package of documents is collected. If an accident occurs after changes in legislation, a Form 154 certificate is not required. If compensation for damage is refused in the absence of this form, car owners can file a claim, and subsequently appeal the decision and file a claim with a higher authority.
The occurrence of an emergency must be documented by the participants in the accident or by a traffic police officer in order to obtain insurance. Since 2021, when an inspector is called, a protocol or resolution on an administrative offense is drawn up. Canceled certificate No. 154 is not required to compensate for damage.
Independent registration of an accident without traffic police officers
Last year, a new procedure came into force for documenting the consequences of accidents in order to receive insurance payments under compulsory motor liability insurance.
Registration of an accident without the participation of the traffic police in 2021 is carried out on the basis of amendments to the traffic rules adopted on July 1, 2021. Clause 2.6.1 of the Traffic Regulations and Article 11.1 of the Law on Compulsory Motor Liability Insurance dated April 25, 2002 No. 40-FZ determine the procedure for actions in case of accidents without casualties.
The presence of a traffic police inspector at the scene of an accident in which no one was injured became unnecessary. It is necessary to call a law enforcement officer only if the participants cannot decide who is to blame for the accident.
What to do after an accident
In the event of a traffic accident, drivers are obliged to:
- Stop and do not change the position of the vehicle or elements of the accident.
- Mark the vehicle on the road by turning on the hazard lights.
- Place an emergency sign 15 meters from the car.
Further, it all depends on whether the incident falls under the European Protocol. To resolve the issue without court and the traffic police, the following conditions must be met (clause 1 of article 11.1 of 40-FZ):
- The accident occurred as a result of a collision between two cars;
- the amount of damage does not exceed 100 thousand rubles;
- availability of compulsory motor liability insurance policies on both sides;
- absence of disagreements between the participants regarding the guilt of one of the parties;
- damage was caused only to vehicles, but not to other property;
- no casualties.
Expert opinion
Semenov Pyotr Evgenievich
Lawyer with 10 years of experience. Specializes in family law. Extensive experience in document examination.
If at least one requirement is not met, it is necessary to report the incident to the traffic police and register the incident in the general manner. In this case, you will still have to fill out the “Notification of an Accident”, which coincides with the Europrotocol form.
form
If one of the participants in the accident has foreign registration, then registration of an accident without the traffic police is possible only if he has a “Green Card”.
Filling out the Europrotocol form
In order for the injured party to receive insurance payments when registering accidents without the traffic police, a correctly completed “Notice of a Road Accident” is required. The form of the document is given in Appendix 5 to the Regulations of the Bank of Russia dated September 19, 2014 N 431-P.
Policyholders receive its form along with CASCO and OSAGO policies. When filling out the form, you must follow the “Methodological recommendations for processing documents about road accidents without the participation of police officers,” approved by the resolution of the Presidium of the RSA dated February 15, 2012.
The European protocol consists of two sheets: the first is filled out with a fountain pen, and the second is a copy on which all the information recorded on the first sheet is duplicated using carbon paper. Therefore, before filling out the “notification of an accident,” you should not divide it into two separate sheets.
The advice concerns the front side of documents. The reverse sides are filled out separately by each of the participants in the accident. Both documents (main form and insert) have equal legal force.
To reduce the risk of disagreements with the insurance company when filling out the Europrotocol, you must follow the following rules:
- fill out the form in block letters and extremely legibly;
- use a ballpoint pen, not a gel or other pen;
- do not make erasures or corrections;
- do not skip any columns or fields;
- write with pressure so that the copy can be read.
The front side of the “Accident Notice” contains information common to both participants in the accident:
- location of the accident - exact address or name of the route and kilometer if the accident occurred outside the city;
- the number of damaged vehicles (for the Europrotocol there should be two);
- information about victims (for registration through the Europrotocol they should not exist at all);
- information about witnesses to the incident (if any);
- information about damaged vehicles;
- information about vehicle owners and drivers involved in the accident;
- a complete list of damage to both cars;
- diagram of the incident.
There are no uniform rules for drawing up an incident diagram. The main thing is that the drawing is legible and understandable, so that the insurance company has no reason to delay the case or refuse to pay.
On paper with a pen (not a pencil) you need to mark the section of the road on which the accident occurred, and all available landmarks that make it easier to reference the area (markings, poles, road signs, trees, traffic lights or buildings).
Cars are depicted as rectangles and are designated by the Latin letters A and B. Arrows are used to indicate the direction of movement of the car at the time of the accident.
The location of the impact is indicated by a cross. A full explanation of the symbols should be given at the bottom of the image.
The nature and list of visible damage received are indicated in paragraph No. 14. The description must be extremely accurate and concise. Recommended terms:
- deformation (dent);
- gap;
- crack;
- scratch.
Hidden damage should not be included in the notice. They are identified during the examination.
The preparation of the protocol by the second participant should be monitored so that he does not include in the list defects and damage to the vehicle that were not received as a result of the described accident.
When describing the circumstances of the incident in paragraph 16 of the accident notice, the maneuvers preceding the accident should be correctly described. The terms “stop” and “parking” should not be confused.
For example, if a car was hit when it slowed down before the stop line of a traffic light, you should write that it “stopped at the traffic light” and not “stood at the traffic light.”
Another common mistake is confusing the terms “overtaking” and “shift”. If the impact occurred while changing lanes, you need to write that the car “changed lanes.”
Paragraph 15 of the notice is intended to include additional information about the accident that was not included in the sixteenth section.
After the front side of the Europrotocol is completed, the main page and the duplicate must be separated. Next, each party fills out the notice independently.
Expert opinion
Semenov Pyotr Evgenievich
Lawyer with 10 years of experience. Specializes in family law. Extensive experience in document examination.
On the back of the document you must indicate information about the person driving the car at the time of the accident. You should also state your vision of the incident there.
In the “Notes” column, additional data is indicated: the presence of video recording at the time of the accident, photo and video recording of cars after the accident.
Both completed copies are read by the participants in the incident, after which the documents are signed by both parties.
Contradictions in the descriptions of the accident presented by each of the parties to the accident can be resolved in the only way: call the traffic police and establish the culprit in court. The same should be done if the participants in the accident cannot agree on the list and nature of external damage to the vehicles. Otherwise, the insurer will refuse to pay compensation.
What to do after drawing up the Europrotocol
Subject to conditions that allow the traffic police to not be called to the scene of an accident, each driver can leave the scene of the accident and go to the insurance company to draw up documents for payment of compensation.
It is important not to ignore this requirement. If the insurance company doubts the description of the damage received, it may conduct an examination. If the car is repaired at the time of the examination, the company simply will not pay you insurance compensation.
If there are victims in an accident
If there are dead or injured in an accident, you must:
- Perform a first aid;
- Call the medical service and the traffic police;
- Record the full name and contact details of witnesses to the accident;
- Ride the victim to the hospital (in an emergency).
If there is no accompanying transport, you can take the victims to a medical facility in your own car. When delivering people to the hospital, you should show your documents to the doctors, and then immediately return by car to the scene of the incident.
If you do not return before the accident is completed, you will be charged with leaving the scene of an accident.
If a car is parked after an accident in such a way that it completely blocks traffic on a busy section of the road, you must :
- Record on video and photos the location of the accident, braking marks, the position of the vehicles and visible damage;
- Write down contact details of witnesses;
- Remove the car from the roadway;
- Wait for the traffic police to arrive.
Traffic police officers who arrive at an accident with victims must record:
- Information about the participants in the incident;
- Explanations from drivers, passengers, injured pedestrians and witnesses;
- Collect and record additional information relevant to clarifying the circumstances of the incident.
After collecting information and drawing up documents, traffic police officers issue certificates of accidents to the participants and make a decision to open administrative proceedings regarding violation of the Traffic Rules.
If the participant in the accident fled
If the second participant in the accident escapes, you do not have to rely on the European Protocol, even if it later turns out that the participant fled without noticing the accident. It is necessary to collect information from witnesses and call the traffic police.
The arriving inspector fills out a notification about the accident and other case materials. After this, you must submit an application to the traffic police to search for the culprit who left the scene of the accident.
It will be possible to receive an insurance payment only if the culprit is found and he has a valid MTPL policy. Otherwise, the issue of compensation will have to be resolved in court.
The same should be done if the culprit does not have a compulsory motor liability insurance policy. In this case, the Union of Auto Insurers compensates only for damage to the health of the victims. Compensation for material damage resulting from damage to a vehicle can only be achieved in court.
Who makes the request and why?
Material about a traffic accident may be required in a number of cases, including court proceedings, where the defendant may be the participant in the accident or the insurance company. As a rule, it is the lawyer who submits the request for materials on the fact of the accident. Such actions are permitted by law and are determined by the need for the client to obtain reliable information regarding the traffic accident.
According to Article 6 of Federal Law No. 65-FZ of May 31, 2002 “On advocacy and the legal profession in the Russian Federation,” a lawyer can “collect information necessary to provide legal assistance, including requesting certificates, characteristics and other documents from government bodies < …> The specified bodies <…> in accordance with the established procedure are obliged to provide the lawyer with the documents requested by him or their copies.”
If the appeal comes from an individual in his own interests or the interests of third parties who are not a lawyer, then you should be guided by a different law. Thus, on the basis of Federal Law No. 149-FZ of July 27, 2006 “On information, information technologies and information protection,” citizens can search and receive information from any sources if the activity does not contradict the requirements established by federal laws. They may receive information from government bodies and their officials in the manner prescribed by Russian legislation if the requested information directly affects their rights and freedoms.
