The limit for the European protocol has been increased to 100,000 rubles. How to properly file an accident without the traffic police?

Is it worth filling out a notification in case of an accident?

If we write that a European protocol will have to be drawn up in case of any accident, many drivers will be surprised and think that we are writing some kind of nonsense. But in fact, it is so... Let's explain why!

The Europrotocol is not the official name of the document, but only a “popular” definition of how to register an accident without the participation of the traffic police. In reality, the victim or both drivers will have to fill out an accident report. This is the name of the self-copying form that is issued by insurers when concluding an MTPL contract.

And we can say that this very notice must always be filled out, in case of any incident - at least for the victim who intends to apply for compensation under compulsory motor liability insurance due to an insured event. Why is that?

1. In December 2021, changes were made to clause 2.6.1 of the traffic rules, after which, even if drivers decide to pay on the spot and not file an accident under compulsory motor liability insurance, they will have to fill out a notification of an accident in order to leave the scene of the accident.
2. If drivers decide to file an incident under compulsory motor liability insurance without calling traffic police inspectors, they will have to jointly fill out a European protocol.
3. But even if the accident is registered with the participation of employees, and the victim decides to apply to the insurance company for compensation under compulsory motor liability insurance, the set of documents for payment includes a notification of the accident, which the victim will have to fill out one way or another.

Thus, we can say that there is no escape from filling out a notification in case of an accident.

Maximum payouts

Clause 4. Art. 11.1 of the Federal Law “On compulsory civil liability insurance of vehicle owners” establishes the maximum payment amount in the event of an accident registration under a simplified scheme in the amount of 50 thousand rubles. From June 1, 2021, this amount will be increased to 100 thousand rubles.

If the accident was registered according to the European Protocol, and the actual damage ended up being greater, then the insurer will pay the maximum possible amount, and the culprit of the accident will be forced to pay the rest.

Up to what amount can the European protocol be issued in 2021?

Since we are not interested in complying with formalities when registering an accident and applying for payment, but in receiving insurance compensation according to the European protocol, we will tell you in more detail about the maximum amounts of payments according to notification today. There are two such amounts – or rather, limits:

• the maximum payment limit under the European protocol can be 100,000 rubles,
• and maybe up to the amount of 400,000 under certain conditions.

When is the limit 100,000 rubles?

The maximum payment of 100 thousand can be received by the victim if the accident was registered in the following ways:

1. drivers jointly filling out a notification about an accident in the case where the circumstances of the incident, the nature and list of visible damage do not cause disagreements among the participants;
2. recording data about a traffic accident using special technical means (working with GLONAS) or using a special program that is integrated with the Unified System of Identification and Authentication (Unified System of Identification and Authentication) if there is disagreement about the circumstances and damage in this accident - we are talking about the application RSA.

In what cases is the maximum payment 400,000 rubles?

Insurance compensation in the amount of 400,000 rubles is generally the maximum amount that a victim can expect under compulsory motor liability insurance when damage was caused only to his property. This is indicated in paragraph b of Article 7 of the Law on Compulsory Motor Liability Insurance.

The maximum amount of 400 thousand can be obtained not only when registering an accident by traffic police officers, but also when independently registering it according to the European protocol, subject to the transfer of data electronically in established ways. Below we will find out in detail how to do this in practice.

To do this, you need to have a special technical tool that provides fast and uncorrected transmission of data about an accident using the GLONASS system, or use software that works in conjunction with the Unified Identification and Automation System, through which the accident is registered. We are talking about 2 applications:

• Road accident.Euro protocol (download for Android or iOS)
• or OSAGO Assistant (download for Android or iOS).

These 2 softwares also differ in their design methods - we will write about this a little below.

At the same time, it is important to remember that the paper Euro protocol form is not filled out only if the accident was registered using these special programs.

Can I get a payment if the repairs exceed the limit?

Sometimes the compensation paid is not enough to fully restore the vehicle. Can the driver expect an additional payment?

What does the law say about compulsory motor liability insurance?

If the amount of damage exceeds the limit, the insurance company is not obliged to pay the difference. This is stated in the Federal Law on Compulsory Motor Liability Insurance - Article 11.1, paragraph 8:

8. A victim who has received insurance compensation for damage caused to his vehicle as a result of a traffic accident, the documents for which are drawn up in accordance with this article, does not have the right to submit additional claims to the insurer for compensation for damage caused to his vehicle as a result of such an accident, to the extent that the total amount of insurance compensation provided to the victim and the additional claim presented to the insurer for compensation for the said damage exceeds the maximum amount of insurance compensation established by paragraphs 4 and 5 of this article, respectively.

Thus, the party injured as a result of a traffic accident, having received payment under the European protocol within the limit of 100,000 rubles, cannot present additional claims to the insurer for compensation for damage to the vehicle.

In Plenum Resolution No. 58 dated December 26, 2017, the Supreme Court of the Russian Federation explains: from the moment the insurer pays compensation on the basis of the European Protocol, its obligations in this case cease.

Arbitrage practice

There are also some caveats: the party injured as a result of the accident can count on payment of additional compensation above the regulated limit only if harm is caused to life and health.

We are talking about damage discovered after filing an application for payment for car damage based on a notice.

15. The victim has the right to contact the liability insurer of the person who caused the harm with a claim for compensation for damage to life and health that arose after the filing of a claim for insurance compensation in the manner established by Article 11.1 of the Law on Compulsory Motor Liability Insurance, and about which the victim did not know at the time of filing the claim for compensation for damage in connection with damage to his vehicle (clause 8 of Article 11.1 of the Law on Compulsory Motor Liability Insurance).

How to file an accident to obtain maximum compensation using electronic means of recording?

In order to receive the maximum payment of 400,000 rubles under the European protocol, everything must be completed correctly. First, you need to make sure that you have the necessary technical means to record the incident. As we indicated above, there are 2 types.

1. The limit of 400 thousand is set if you have a technical control device that records the fact of a traffic accident, as well as the coordinates of vehicles and transmits all this information through GLONAS in a form that the user cannot change.
2. Or if you have a smartphone or tablet on which software is installed with user identification through the Unified Identification and Authorization of State Services, with the help of which damaged vehicles will be photographed and information about cars and accidents will be entered. There are two such programs, we have already written about them above.

It is necessary to keep in mind that there is no need to think for a long time about how to register an accident, since when using special technical means with ERA-GLONAS, you will need to press a button and transmit information no later than 10 minutes after the collision. And you can apply through mobile applications no later than 60 minutes.

When registering an accident with the technical means specified in paragraph 1, you must also fill out a European protocol form. In it, in the notes, indicate that “information was recorded and transmitted using such and such a technical means.”

It’s easier to apply through the application - everything is consistent here with tips and it’s intuitive how to do it. But to do this, at least one of the participants in the accident must be registered and have a confirmed account on the State Services portal.

The rules for submitting information to the insurer and the Requirements for special technical means are established by Decree of the Government of the Russian Federation of August 28, 2019 No. 1108.

Pay special attention to the requirements for technical equipment, there are a lot of them and a large number of all kinds of GOSTs are listed. Therefore, when buying such a device, it is better not to take the seller’s word for it, but to check the compliance yourself before the accident, otherwise you risk being left without a payment of 400,000 rubles.

I would like to add that if there is a lot of damage, it is still better to use the help of inspectors. Because there was a case when an accident was reported through the application, but something was not transmitted somewhere. And the court, without much understanding, rejected the victim’s demands - now he will have to prove his case on appeal.

But even when drawing up a regular European protocol with a limit of 100,000 rubles, there are difficulties, namely the calculation of possible damage.

Important note!

• This article describes the basic principles of how legislation works. Meanwhile, in judicial practice everything depends on specific circumstances.
• In 96% of all cases there are subtleties that can affect the outcome of the entire case.
• Therefore, we recommend entrusting the matter to professionals who will study your business and select the right winning strategy.

The TonkostiDTP website employs professional road accident lawyers with experience in all major types of disputes (MTPL, guilt, administrative penalties).

Ask a lawyer

or get a free consultation by calling the hotline: 8.

Updated Euro protocol form

Attention! From November 10, 2021, new forms for notifications of road accidents have been introduced. They are discussed in the article “Filling out the European protocol through the application from November 10, 2021.”

Let's look at the updated road accident notification form (to enlarge the front or back of the form, click on the image):

Updates made to:

• Point 18 of the front side. There are added cells in which you should indicate whether the participants have disagreements.
• Point 7 of the reverse side. Information has been added that it is in this field that the essence of disagreements between drivers is entered.
• Added note on reverse side.

How to correctly determine the amount of damage?

In order to accurately determine the extent of the damage caused and not make a mistake in registering an accident according to the European protocol, you first need to thoroughly inspect the car and identify all the damage. It wouldn't hurt to take a photo of them right away.

After all the damage has been found, you need to assess the extent of the damage yourself or ask knowledgeable people.

The PCA price guide can help in this difficult matter, according to which the insurer will calculate the amount of damage. But to check the cost of spare parts, you will need catalog numbers of specific parts; they can be obtained from the official ELCATS directories for your car.

If you are in doubt whether a part needs to be replaced or repaired, then always assume that it is replaced, so the possible amount of damage will be maximum.

I would not recommend listening to the culprit’s advice about the cost of this repair. For them, the damage is always a couple of thousand, and their friend in the garage will do it for a tenner, so you most likely will not hear an objective assessment.

Nevertheless, rummaging through catalogs and the RSA reference book while on the road is such an undertaking! Therefore, it is better to imagine in advance the cost of the most vulnerable parts (bumpers, including their amplifiers and decorative elements, fenders, headlights and lanterns, trunk lid, windows and others). But even on the road you can find the approximate price of spare parts quite quickly in search engines.

I don’t want to fill out a European protocol, but the traffic police refuse to come - what should I do?

There may be several reasons why you do not want to file an accident under the European protocol. For example:

1. you are not sure of the amount of damage, in your opinion it exceeds the limit of 100,000 rubles for simplified registration;
2. you have doubts about the authenticity of the culprit’s insurance policy, and checking the policy on the RSA website does not produce results;
3. there are disagreements with the second participant in the accident about the circumstances of the accident and the damage received (at the same time, they may also exist when registering through the application);
4. you will not be able to quickly and promptly contact the insurer for compensation (for example, you are going on vacation or are on vacation in another city) within the 5-day period specified in the law.

In this case, when talking with the duty department (this is where you should call, number 102), you should state that the conditions for registering a European protocol specified in the law are not met, and it is not possible to register an accident without the participation of traffic police officers. Demand to send a work order for registration or follow the instructions of the police: take a photograph of everything, draw a diagram of the accident and go to the department for registration, this can also be according to traffic regulations.

If an order is not sent or the inspectors who arrive do not want to document the accident, then the only thing left to do is complain.

• First, call the duty station, ask to introduce yourself as a police officer and accept your statement regarding the inaction of police officers, register this statement and tell you the KUSP number.
• It may be that you will receive refusals at the duty station, in which case you should complain to the management using the numbers of the duty station of the Main Directorate of the Ministry of Internal Affairs.
• You can also call the prosecutor's office.
• Ideally, have a record of all these calls and conversations with employees; this will help in the future if there are any proceedings in this regard.
• As a last resort, if no calls or complaints help, then you will have to file an accident according to the European protocol and record all damage to the cars, the location of the vehicle and the documents of the second participant.

We have drawn up a European protocol, but the maximum payment is not enough - what to do?

If you were forced to register under the European protocol as in the example above, or incorrectly estimated the amount of damage, then this is not a verdict. It will be possible to fight for full compensation for damage from an accident.

Is the insurance company required to pay extra over the limit?

If the amount of damage exceeds the stipulated limit for payment by the insurer, then there is no point in fighting and demanding anything from the insurer.

It will not be possible to recover damages in excess of the limit from the insurance company; it should not pay more than specified in the law.

Is it possible to cancel the European protocol and register it with the traffic police?

One of the options to solve this problem is to register an accident with the traffic police. It is possible, it is legal, but there are several difficulties:

• firstly, you need to arrive at the traffic police with the second participant, but he may not cooperate and may not want to do this,
• secondly, inspectors may not want to document your incident, but this can be solved through communication with the boss and complaints, as we wrote about above.

After registering an accident, the damage limit will increase to a maximum of 400,000 rubles.

What does the insurance company reimburse in such cases?

Standard limit. The insurance company responsible for the accident will compensate the injured car owner for damages of no more than 100 thousand rubles if:

• Those involved in an accident have disagreements about who is to blame for the accident. This is recorded in the notice;
• the participants have no disagreement, but they did not record the accident through the application.

Maximum limit. Reimbursement of up to 400 thousand rubles is possible if:

• at least one driver recorded an accident through the application;
• the participants have no disagreements.

What to do if the damage from an accident is more than 100 thousand rubles. If the victim sees that repairing the car will be more expensive, there are two options:

1. record an accident through the application - so the maximum limit will be 400 thousand rubles;
2. call the traffic police.

If you fill out the notification correctly and come to an agreement with the other participant in the accident, in the future the victim will be able to receive up to 400 thousand rubles from the insurance company.

Whether the limit will be standard or maximum depends on these conditions.

Is it possible to recover the difference from the person at fault for an accident?

You can convince the second participant in the accident to arrange everything through the traffic police by describing to him the second option for the development of events - collecting the difference directly from him.

The fact that you filed an accident under the MTPL Law according to the established rules does not exempt the culprit from full compensation for damage under civil law.

The culprit will be obliged to compensate you for the difference between the payment under compulsory motor liability insurance and the market cost of repairs, even though the accident was registered under the European protocol.

That is why the culprit, more than anyone else, is interested in the correct calculation of the approximate damage when choosing a method for reporting the incident and further increasing the insurer’s limit, if necessary.

If you have just such a situation when the damage exceeds the limit of the European protocol under the compulsory motor liability insurance policy, then here is an example of judicial practice from the Armed Forces of the Russian Federation with an analysis of such a situation and recovery of the difference from the tortfeasor.

How long?

The period for making insurance compensation to the victim has not changed and is 20 days, with the exception of non-working holidays. But in most cases this will not be payment in money, but restoration repairs. The European protocol also applies to the priority of repair over payment.

But there is an exception: if the cost of repairs under compulsory motor liability insurance exceeds the limit of the European protocol, then, according to subparagraph “d” of paragraph 16.1 of Article 12 of the Law, payment in money is due unless the victim agrees to pay extra.

By the way, this is one of the ways to get money instead of repairs. But what is immediately alarming is that they will not compensate for all the damage, but with wear and tear, but something else can then be recovered from the culprit of the accident.