Actions of the victim and the culprit after an accident: where to turn first

Good afternoon, dear reader.

This article will talk about what to do after an accident for the injured driver. Namely, the preparation of documents and applying to the insurance company for payments under compulsory motor liability insurance will be considered.

Let me remind you that the article “Memo in the event of an accident” discussed the features of registration (including independent) documents at the scene of a traffic accident. However, this is only the first part of the operation to receive insurance payment.

Moreover, if you have completed any paperwork about the accident (no matter whether it involved police officers or not), you will have to contact the insurance company to submit your copy of the accident notice within 5 days from the date of the accident. This is stated in paragraph 3.8 of the rules for compulsory civil liability insurance of vehicle owners.

Let's look at how to prepare for contacting an insurance company:

• Additional completion of documents about road accidents.
• Contacting an insurance company for compulsory motor liability insurance.
• Receiving compensation under compulsory motor liability insurance.

The procedure for action in the event of an accident for the culprit and the victim

In almost any accident there is a culprit and a victim. Some of them did not show due care and made an unforgivable mistake that resulted in significant property damage and injury. What to do when this happened to you?

What to do after an accident if you are at fault or not at fault?

Every driver should know this algorithm of actions:

• stop the car;
• turn on the emergency lights;
• put up an emergency stop sign;
• if any parts fly off from the car, then you cannot touch them;
• if there are victims, then you need to clarify how many there are, call the police, an ambulance and provide first aid to the victims using your first aid kit.

If your own health allows, then you need to record the damage and position of the cars involved in the accident using photographs or video. It is best to take photos from afar and up close so that all damage is visible.

You need to exchange data with the injured party for further communication, as well as with witnesses, if any. It is also necessary to obtain information about the insurance company from the other party.

Next, you need to issue notifications about the accident, and then collect the signatures of all its participants. Usually a traffic police officer performs this task. He makes a decision on the accident on the spot, then all participants become familiar with it. If the at-fault driver does not agree with this decision, then it can be challenged, but no later than 10 days from the date of the accident.

The last stage will be checking all documents compiled on site, since the inspector may make a mistake. It is necessary to carefully read the certificate of the accident, the protocol and the resolution on the administrative offense.

Parties should remember to notify their insurance companies of the incident and obtain their instructions.

What to do after an accident if you are not at fault?

According to OSAGO, all initial actions will be the same, but then it will be necessary to continue to clarify the circumstances of the case with your insurance:

1. Contact the insurance company of the person at fault and report the incident.
2. Write a statement to the insurance company indicating all damage to the car. If the car was seriously damaged, then it is best to invite an auto expert to describe it.
3. Make additional copies of documents.

At this point, you can leave the scene of the accident. In the future, you will only need to wait for the insurance payment. Usually the entire amount is transferred within 20 days. If this period is longer, the amount increases every day due to penalties.

It happens that after payments, when the owner of the car has already sent it for repairs, it turns out that the compensation received is not enough. Then the insurance company needs to provide receipts indicating that a certain amount is not enough to carry out repairs. Then they have to pay it.

First steps

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If an accident has already occurred, all that remains is to take the necessary actions. Moreover, this should be done by both the injured party and the guilty party.

Victim

Step by step process:

1. First of all, the injured party must assess its damage and determine whether it is necessary to call an ambulance. Also, if possible, you need to see what’s wrong with the culprit of the accident; perhaps he will also need help.
2. The next step is to call the traffic police. While they are getting to the scene of the accident, you need to ask the culprit if he has documents for the car. If the answer is yes, you should try to immediately get their photographs. Such documents include a license, a vehicle registration certificate and an insurance policy.
3. You can immediately notify your insurance company about the occurrence of an insured event.
4. If possible, it is better to immediately take several photographs of the incident and even shoot a video on the spot. In particular, you may need the length of the braking distance, the presence of fragments, and damage to your car. You can also remove any parts that seem important and are related to the accident.
5. If there are witnesses to the accident, you should try to talk to them and save their phone numbers. It’s good if there were someone’s cars nearby, you can take recordings from their video recorders. The same goes for shops and other establishments - they also often have cameras.
6. You need to carefully consider the condition of the road surface in a given place and what the weather conditions are. In general, it is necessary to evaluate the circumstances that could have become a provoking factor for the accident.
7. Before the arrival of traffic police officers, under no circumstances should you move vehicles or other objects from the scene of the accident. This may disrupt the plausible picture of the incident and be seen as an attempt to influence the course of the investigation.
8. It is prohibited to drink alcohol or take strong drugs immediately after an accident, as a medical examination may be required and the results may be incorrect.
9. If the accident is minor, the traffic police may not arrive on site. In such cases, a Europrotocol is drawn up. This is only possible if the accident occurred with the participation of two cars, the drivers of which have a compulsory motor liability insurance policy, and the damage is insignificant - up to 100 thousand rubles.

Culprit

Mandatory actions for the person responsible for the accident:

1. The guilty party must also receive video and photographic materials from the scene of the accident. Absolutely everything about the incident matters. It is equally important to photograph the victim’s car for damage, this will help avoid disagreements in the future.
2. Obtain contacts and passport details of the victim. If there are witnesses, take data from them too.
3. You should exchange insurance policy information with the victim (car owner).
4. The next step is to file an accident report. The culprit must be sure that the victim put his signature on this notice.
5. If the case is examined on the spot by traffic police officers, then the guilty party takes an active part in this. If the culprit does not agree with the decision of the traffic police officers, then in the protocol he makes a note “I do not agree” directly under his own signature. Then you will need to state your point of view of what is happening. There are 10 days from the date of the accident to challenge any result.
6. It is important to receive the protocol and resolution of the administrative offense, a certificate of the accident. Documents are carefully checked on site and only then can they be signed.
7. It is strictly forbidden to harm or threaten the injured party, this can only aggravate the situation.
8. It is necessary to monitor how the victim collects documents and provides them to the insurance company.
9. When a victim's car is being inspected, you should not refuse to participate. If there are any objections or comments, this must be written down in the act.
10. You cannot immediately agree on the spot to all the victim’s claims for damages. It is necessary to propose that the issue be resolved in court.
11. It is strictly forbidden to leave the scene of the accident, unless, of course, urgent hospitalization is required. For the fact that the culprit left the scene of an accident, additional liability is provided - administrative, and sometimes even criminal.
12. The accident site needs to be fenced off and signs posted.

Read also: Transfer of meter readings through State Services

It is very good when the person at fault for the accident also has a CASCO policy. Then he will need to take the following steps in addition to the above:

1. Pay special attention to the deadlines established in the CASCO agreement.
2. Write a statement to the insurance company. After it is registered, make yourself a copy with the date and signature of a company employee.
3. Get the insurance case number from the company, you can use it to receive all the information about the settlement.
4. Take a referral for a vehicle inspection and provide the car for this procedure on the specified date.

How to act after an accident if you are at fault depends on the severity of the incident.

Accidental participant injured

Situations often occur when a person who happens to be in a given place at that time is injured in an accident. No special actions are required from accidental participants in the accident, especially if they did not receive severe or moderate injuries.

A person who has become an accidental participant must call an ambulance, and if this is not possible, then try to help the participants themselves. It is allowed to deliver victims to the nearest hospital in the car of an accidental participant in an accident (if he can move).

What to do if there are no victims in an accident, and also if there are any

Accidents happen under different conditions, so sometimes there are people injured and sometimes there are not. What to do in this or that case?

If there are no casualties in an accident, then it is not necessary to call the traffic police. Provided that the participants in the accident have no disagreements, the issue can be resolved on the spot. Such actions have been allowed since 2015.

Also, without the participation of traffic police officers, you can immediately contact the insurance company to prepare documents and request payments. However, there are mandatory conditions for this: there should not be more than two participants in the accident, and the drivers must also have compulsory motor liability insurance.

If any controversial issues arise, it is best to call the traffic police. They will create a complete picture of what happened and determine who is to blame and who is right. Sometimes, to draw up a report, the inspector may call the drivers involved in the accident to the traffic police department. Then the circumstances of the incident are determined using photographs or video files taken at the scene. In this case, cars must be removed immediately after photography, especially if they interfere with the passage of other vehicles.

If there are still victims of the accident, then it is necessary:

• with appropriate skills, provide first aid;
• immediately call the emergency room, report the victim, his condition, find out what actions should be taken and call a team of doctors;
• contact the traffic police and call them to the scene of the accident;
• If the condition of the victims is serious, then they need to be sent by passing transport to the nearest hospital department.

It happens that the victim needs urgent hospitalization, and no one except the second participant in the accident can take him. Then it is allowed to transport it in a car that is involved in the accident. The victim must be taken to the nearest medical facility, leave contact information, and then urgently return to the scene of the accident.

Where to go after an accident, what is necessary to receive payment under compulsory motor liability insurance

Even a small accident involves stress for all involved and creates certain difficulties. It is important not to make mistakes that will not be easy to correct, so it is worth knowing in advance what to do in the event of a possible accident.

First actions after an accident

First of all, you need to turn on the emergency lights and indicate the fact of a traffic accident with emergency stop signs. It is important to make sure that there are no casualties, and if necessary, call an ambulance. If the accident occurred far from large populated areas and someone needs help, the victim should be sent by passing transport.

You cannot move damaged vehicles, touch scattered parts of the body, or fragments of headlights. Of course, you cannot leave the scene of an accident. It is recommended to ask for contact information from witnesses and take a photo of the scene of the incident. Now you can proceed to registering the accident.

Is it possible to file a traffic accident yourself?

In Russia, the Europrotocol has been in force for several years, which requires participants in an accident to fill out paperwork for insurance companies. The option is simple and does not require the arrival of traffic police officers.

True, this is allowed only if there are no casualties in the accident (i.e., no fatalities, no dangerous injuries to the participants), damage was caused to a maximum of two cars, and the drivers of both cars have MTPL policies.

Important: the damage caused should not exceed 400 thousand rubles.

Drivers must fill out the established form in two copies. It is issued by insurance companies when purchasing compulsory motor liability insurance. In Moscow and St. Petersburg, the Moscow and Leningrad regions, it is allowed to draw up a protocol electronically if drivers have an account on State Services. The document must be submitted to the insurance company for compensation.

Unfortunately, the system of using European protocols does not work perfectly, which is successfully used by scammers. In documents, scammers indicate non-existent data in order to make money. To avoid such a situation, reliable insurance companies carefully check the details of any accident to make sure that the accident really occurred with certain consequences.

When to call traffic police

If the participants in the accident were unable to reach agreement, the vehicles were seriously damaged in the accident, and injuries were recorded among the participants in the accident, a traffic police unit must be called.

This will definitely have to be done if the victims have CASCO insurance - in the absence of a certificate from traffic police officers, compensation will not be paid.

It is better to do the same if the accident occurred without a second participant: the driver crashed into a tree, pole, etc.

Within 5 days after the incident, you must contact the insurance company, providing documents for the car, a driver’s license, a protocol and an application for payment of compensation. If there were victims, you must attach proof of expenses for medications, a hospitalization certificate, an extract from the medical history, and a medical report.

You will also need to present the vehicle damaged in the accident so that experts can inspect it.

Until the damage has been assessed, it is not worth starting to repair the car, otherwise it will not be possible to carry out a re-examination.

Photos may not be a strong enough basis for payment of compensation, which is why the insurance company simply will not consider the claim. You will have to go to court, and the verdict may be unpredictable.

When funds for car repairs or the estimated residual value are paid, you will no longer need to contact any authorities. The owner will only have to decide what to do next with the car - repair, sell or dispose of it.

Registration of the Europrotocol in case of an accident

If an accident occurs, it can be processed according to the European Protocol. It was put into effect quite recently, but it has already proven itself quite well on the positive side. But for such a scenario, there should be no injuries in the accident, and there should be no disagreements among its participants, including the passenger. In addition, damage caused to equipment should not exceed 50 thousand rubles.

The advantage of the Europrotocol is that participants in an accident can complete it themselves, without waiting for traffic police officers. In this case, all the nuances of conflict resolution are discussed immediately on the spot.

The Europrotocol form is now issued to every driver whose car is insured under the OSAGO or CASCO program. If the document is lost or has already been used, a new form can be obtained from the nearest office of the insurance company. The form is filled out in the same way as a regular one.

The only peculiarity is that it is not the traffic police officer who is doing this, but the participants in the accident:

1. On the front side you must indicate the location of the accident with its coordinates, as well as the date and time.
2. Next, the number of damaged vehicles should be indicated, as well as the absence of injured persons. If there are witnesses to the incident, you need to enter their contact details.
3. It is necessary to indicate the license plate number and other information about the damaged cars, as well as the details of their owners. At the same time, damage must be recorded both in writing and using photographs.
4. It is also necessary to draw up a diagram of the accident. It should indicate houses, the direction of the road and cars at the time of the collision, in the form of rectangles. They are usually labeled "A" and "B". The arrows must indicate in which direction each of the designated vehicles was moving, and the cross indicates the location of the accident.

If at least one of the persons participating in the preparation of the Europrotocol expresses disagreement with the scheme or scope of damage, the amount of damage, or refuses to sign documents, then the situation will have to be resolved only with the traffic police officers.

What to do immediately after an accident? | ConsultantPlus - for students and teachers

• If an accident occurs, it is important not to get confused and clearly carry out all the necessary actions to reduce the negative consequences and further objectively investigate it.
• Participants in road accidents are recommended to adhere to the following algorithm.
• Step 1. Complete the primary actions provided for by the traffic rules

1. Stop the car immediately after the collision, securely secure it with the parking brake and (or) other means (Section 2.5 of the Traffic Regulations).
2. Turn on your hazard lights and put up a warning triangle. Observe precautions when on the roadway (Section 2.5 of the Traffic Regulations).

Calling an emergency commissioner without the traffic police

Not all motorists have a sufficient level of knowledge to draw up documents about an accident. In addition, during an accident, drivers often become stressed, and in this state they are unable to do everything as it should. Of course, you can call the traffic police, but usually they take a very long time to get to the scene of the accident. In this case, it is best to call an emergency commissioner.

He will be a third party in an accident, which is necessary to assist in the preparation of documents and further actions. The main advantage of the commissioner is that he gets to the scene of the accident quickly - within 20-30 minutes after the call.

What actions can he perform:

• he will draw up a diagram of the accident,
• will record all damage,
• location of cars using photography,
• he will also need copies of the drivers' documents.

Further action is required on the part of the participants in the accident. They must write an explanatory note about the circumstances of the incident addressed to the head of the territorial traffic police department. After this, you need to call the traffic police officers or go to their department to register the accident with all the attached documents.

After this, the injured party in an accident must contact the insurer no later than 5 days after the accident.

How in practice?

Surveys show that drivers do not always treat minor accidents responsibly:

• 40% of drivers try to leave the scene of an accident as quickly as possible, without notifying the owner of the damaged car, traffic police officers and representatives of the insurance company;
• 25% are trying to find the owner of the damaged car;
• 25% call traffic police representatives to the scene of the accident;
• 15% inform parking lot employees about the incident;
• 10% do not know what to do in the event of a minor accident and ask friends for advice.

This data was obtained after a survey of 2.5 thousand drivers.

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What should the injured party do after registering an accident?

When the accident has already been registered, you can leave the scene of the accident. In some situations, the car leaves “under its own power”, but if the damage is serious, then it is taken to a tow truck.

To receive payments from the insurance company, an innocent driver must contact it no later than 15 days from the date of the accident and provide a package of documents:

1. Notification of an accident.
2. Application for payment.
3. STS and PTS of the damaged vehicle.
4. Insurance policy.

If an emergency commissioner takes over the trip to the insurer of the guilty party, he will additionally have to provide a notarized power of attorney to represent interests. This is more convenient, because then you can save time.

Report an incident

When an accident occurs on the road, it must be reported to the following organizations.

At the traffic police

When the issue with the victims has been resolved (damage to health has been assessed, an ambulance has been called), you need to call the traffic police. This can be done by the general number of the Ministry of Internal Affairs 102 or by number 101 - this is the number of the fire service and the Ministry of Emergency Situations.

Read also: Rules for drawing up an agreement for the provision of transport services for the transportation of various goods for individual entrepreneurs

If there is no way to reach these numbers, you need to call the rescue service on the same number for the whole country, 112. You can call this number from any operator, with a zero balance and even without a SIM card in your phone. After the operator answers, you need to ask him to connect to the nearest traffic police station.

The traffic police officer must immediately clarify the details of the accident by phone. If there is serious damage, casualties, more than 2 cars were damaged in an accident, or one of them does not have compulsory motor insurance, then traffic police officers are required to come to the scene of the accident.

There are cases when you can do without the participation of the traffic police:

1. There is no injured party or both parties installed it themselves.
2. The damage to transport was insignificant, not exceeding 50 thousand rubles according to preliminary estimates.
3. Two cars were involved in the accident.
4. Both drivers have insurance policies.

Important! Under such conditions, a notification of an accident (the so-called Europrotocol) is issued; it is necessary for contacting the insurance company.

To the insurance company

You need to call the insurance company when an insured event occurs. This is done immediately, immediately after the accident. This action can be performed via a phone call; some companies make it possible to notify about an accident online.

It is important to comply with the terms of application; they are usually specified in the insurance contract. Standard deadlines are 5 working days from the date of the accident. During this period, you must have time to send an application to the company.

If such an appeal occurs after this period, it may be extended. This is only possible when the payment of compensation will depend on the results of a civil or criminal case, or an administrative violation decision has not yet been issued, which usually indicates the guilty party. In all these cases, the deadline for filing an application is extended until all specified issues have been resolved.

If all deadlines are missed, then compensation for damage as a result of an accident is possible only in court. For such cases, there is a statute of limitations of 3 years from the date of the accident.

If it’s not your fault and there is compulsory motor liability insurance

If a citizen is not the culprit of the accident and has a compulsory motor liability insurance policy in his hands, he must:

1. Contact your insurer for compensation as soon as possible. If possible, this is done directly from the scene of the accident, so that the insurers of the two parties agree among themselves.
2. Conduct an independent examination to determine the amount of damage. You must pay for the examination immediately, but if you take a check, you can receive reimbursement of expenses.
3. You must comply with the deadline for filing an application for compensation - 5 days from the date of the accident.
4. Compensation is provided in one of three options: cash payment, wire transfer or restoration of the car at a service station that cooperates with the insurance company.

What should a person at fault do after registering an accident?

Depending on what insurance policy the person responsible for the accident has, the procedure should be appropriate.
If the at-fault driver has a compulsory motor liability insurance policy, then after registering the accident it is necessary to obtain a protocol of the administrative offense, a certificate of the accident, as well as a resolution. You can then leave the scene of the accident. Subsequently, you need to monitor the process of collecting all documents for the insurance company by the victim.

It is also advisable to take photographs of the damage to the car in order to avoid disagreements in the future. If the injured party asks to inspect the car, then this should not be refused.

What to do in case of an accident in the yard of a house or in a parking lot?

If an accident occurs in a parking lot, the administration is obliged to compensate the owner of the car for damages. Car park owners, as a rule, insure themselves. The deed, agreement or receipt indicates the condition of the car.

After an accident occurs, you must contact the administration and the local police officer. They draw up a protocol and an act. The documents are submitted to the insurance company. A civil claim is being brought against the parking lot owners, as they bear full financial responsibility.

When a vehicle is stolen from a parking lot, a distinction must be made between criminal prosecution and civil action. A civil lawsuit is brought against the parking lot owners alleging services were not provided properly. Information regarding a criminal act is reported to the traffic police. Further measures are being taken.

If the owners of the parking lot do not agree, photographs are taken and witness statements are collected. Litigation is rare, as incidents mainly occur in parking lots.

You can be a professional driver with many years of experience, but accidents happen in the most unexpected places in parking lots in the courtyards of houses. The yard belongs to the territory adjacent to the road. The rules and procedure apply to the local area and are equivalent to an accident without injuries.

What to do if the culprit fled the scene of an accident

In some accidents, the at-fault driver leaves the scene of the accident. This usually happens to avoid punishment. In such cases, it is most often useless to arrange a chase. What's the best thing to do?

1. In any case, the innocent party must record the accident.
2. You also need to take photographs and videos. If this is not done, then punishment for leaving the scene of an accident will be provided for both participants in the accident, regardless of who is at fault.
3. If your car has a DVR, then you immediately need to review the existing video and copy it to some medium.
4. You also need to look for witnesses to the accident. If it happened in a city on a busy stretch of road, then there will definitely be witnesses.

If the culprit of the accident is found and his guilt is proven, he will be held administratively liable, and his insurer will be obliged to pay the amount to repair the injured party’s car.

If the culprit manages to escape and is not found, then the car will have to be repaired at your own expense.

How big is the risk of getting caught?

Every year, statistics on finding drivers who fled the scene of an accident are improving. In parking lots near shops, offices, business centers, on streets, in paid parking lots, video cameras are installed that record minor accidents, even if you hit a neighboring car. Using these records, the culprits of the accidents are then identified.

Back in 2010, the statistics for the country were as follows:

• in the first 5 months, 11 thousand accidents occurred (without injuries), the perpetrators of which fled the scene;
• 17% of the culprits were later found.

In 2016, the statistics improved. Thus, in the Moscow region for the first 7 months of 2016, the following indicators were recorded:

• in total there were 1703 vehicle collisions;
• 14% of drivers fled the scene;
• of these, 65.2% of the drivers were later found.

The number of drivers found after minor accidents is increasing due to the equipping of parking areas with surveillance cameras, and due to the help of witnesses to the collision, other road users, and drivers of cars parked nearby.

Is an independent examination needed after an accident?

Each participant in an accident must decide the answer to this question for himself.
When contacting an independent expert, the amount of payments will be more accurate and, most likely, it will be enough to carry out high-quality repairs. The fact is that insurers, when assessing the damage caused, usually underestimate the final amount of payments, so you have to save money on restoring the car.

It is best to pay for the work of an independent expert and in the future receive an amount sufficient for a good repair. In such matters, saving is of no use.

Application deadlines

According to Article 11.1, paragraph 2 of the “Law on Compulsory Motor Liability Insurance”, a driver injured in an accident is obliged to provide documents to the insurance company no later than five days after the accident.

There are additional nuances and deadlines:

• inspection of the vehicle by representatives of the insurance company is carried out within five days after the accident;
• vehicle repair is possible only after 15 days and only with the consent of the insurer;
• When drawing up a European protocol, the insurance amount does not exceed 50 thousand rubles.

Regardless of who became the victim in a traffic accident, he needs to cooperate with the investigation in full in order to fully protect his interests and violated rights in the future and receive the payments required by law.

Work of an insurance company after an accident

It is now clear what those involved in an accident should do. However, how does an insurance company work? Initially, when she is notified of an accident, she will record it.

At the next stage, the insurer will accept documents from the injured party.

Required list:

• Russian passport,
• TIN,
• driver license,
• Vehicle title,
• certificate of an accident from the traffic police,
• OSAGO policy,
• as well as a certificate from a medical institution in case of damage to health.

Next, an expert from the insurance company will assess the damage to the car and determine the amount of payment. At the driver's request, this can be done by an independent expert. In this case, the assigned amount may differ.

In court, the accident case is considered within 10 days. During this period, the exact amount of payments will be assigned. If it does not suit the injured driver, then after this period a second application is submitted to the court.

If everything suits you, then all you have to do is wait for the compensation to arrive in your account. To speed up the process, the court decision can be withdrawn earlier - even before it enters into legal force, and transferred to the insurance company. However, payments will still be made within 90 calendar days. In some cases, it is paid in installments, especially if the amount is too large.

Useful tips for a pedestrian involved in an accident

What should and should not be done to obtain compensation for damage caused to health and property? How to resist false witnesses on the part of the culprit of an accident? And in what case will the insurer be able to recover from the injured pedestrian the amount paid to the driver?

Statistics show that traffic accidents involving pedestrians are quite common. From January to April 2019, in Moscow alone, 1,016 road accidents occurred, in which 57 people died and 1,005 people suffered varying degrees of harm to their health.

If a pedestrian is involved in an accident, he should follow the rules that will subsequently help him obtain compensation for damage caused to health and property, and recover compensation for moral damage. Knowing your rights and obligations will allow you to protect your interests during investigative actions and in court.

If you are an injured pedestrian, but can move, before the traffic police arrive at the scene of the accident, write down the license plate number of the car whose driver ran into you (if he tries to escape from the scene of the accident), full name. and telephone numbers of witnesses (if they are in a car, then its license plate number). Take photos and videos of the accident scene.

If your health has been damaged, even slightly, call an ambulance and do not refuse hospitalization.

In case of refusal, a report on an accident involving a collision with a pedestrian is not issued (unless another traffic violation by the driver is recorded), since in this case it is considered that there is no victim, no harm to health or material damage was caused.

Often after two or three days it turns out that the pedestrian has a fracture or bruise of internal organs, but the cause cannot be proven.

Take an active part in interviewing witnesses and drawing up an inspection report and a diagram of the accident scene by the traffic police officer, as well as a vehicle inspection report.

You have the right to familiarize yourself with the protocols at the scene of the accident. If possible, take photographs of them, since the Code of Administrative Offenses of the Russian Federation does not provide for the issuance of a copy of the accident scene inspection report to victims.

If you have any comments, they must be indicated in the protocol.

It must be borne in mind that if the participants in a traffic accident disagree with the diagram of the accident site, refuse to sign it, or are absent from its preparation, it is certified by witnesses or using video recording.

At the scene of an accident, you may not give evidence, citing a state of shock.

After the accident, as soon as possible (in Moscow - within 5 days from the moment of the accident), call the hotline of the city video surveillance system and leave a request to save a video archive from cameras at the scene of the accident.

The hotline operator will need to provide the date, time and address of the accident site. After this you will be informed of your application number. It must be handed over to the traffic police or a lawyer. Only they will be able to obtain the video recording.

If an accident occurred in Moscow, you should call the hotline number.

To ensure that your rights as an injured pedestrian are not violated during investigations, it is better to seek legal assistance from a lawyer who will represent your interests. In this case, he will perform all the necessary procedural actions on your behalf. If you decide to cope on your own, then you should know the following:

1. A medical examination is necessary to determine the severity of the harm caused to health. She is appointed by a police officer.

2. Keep all prescriptions written by your doctor and receipts issued for the purchase of medications. They may come in handy in the future when you need to prove the costs of restoring your health if the insurance company's payment does not cover the costs of treatment.

3. If a case of an administrative offense has been initiated, you should familiarize yourself with its materials. It happens that an injured pedestrian does not always receive a decision from the traffic police or a court decision that examined the case. Later he learns that the case was closed, he was found guilty, and the deadline for appeal was missed.

It will not be possible to get acquainted with the criminal case due to the secrecy of the investigation. But there is a way out. Often the case is initiated by traffic police officers. Then, if the health of the participant in the accident is seriously harmed or he is killed, he is transferred to the police department. You need to have time to familiarize yourself with the materials while they are in the traffic police.

4. In case of refusal to provide the case materials for review, you must write a complaint to the head of the traffic police officer.

5. After reading the case materials, you need to check whether all the witnesses you indicated have been interviewed. If not, ask to interview other witnesses.

Information about witnesses to the accident that the victim or his relatives have must be reported to the investigator in order to call them for questioning. It is also better for relatives to contact the witnesses themselves, inform them that they will have to appear for questioning, and ask them to come.

6. If you were not questioned at the scene of the accident or in the hospital, you should give your explanation of the accident.

A particular problem is false witnesses on the part of the perpetrator of the accident, who suddenly “appear” after the accident has occurred.

In this case, recording the moment of the accident with a video camera and photographs of the scene taken by eyewitnesses will help.

You can ask a lawyer to ask the court to request from mobile operators the phone billing data of such “witnesses”. This will prove that they were not in the area of ​​the accident at the time of the accident.

If the pedestrian is innocent, he has the right to contact the insurance company of the person responsible for the accident to receive the insurance amount for damage to health. The amount of payment is determined in accordance with the Rules for calculating the amount of insurance compensation in case of harm to the health of the victim (approved by Decree of the Government of the Russian Federation of November 15, 2012 No. 1164) and can be no more than 500 thousand rubles.

If the culprit fled the scene of the accident, did not have a compulsory motor liability insurance policy, or the insurance company’s license was revoked, then you must contact the Russian Union of Auto Insurers. The RSA website contains information about receiving compensation payments.

If the insurance amount does not cover the costs of treatment, you can receive an additional payment. But you need to keep in mind: payments to the insurance organization cannot exceed 500 thousand rubles. If the cost of restoring health turns out to be greater, compensation is recovered from the person responsible for the incident.

If the pedestrian is at fault, then it is necessary to recover compensation for injury to health not from the insurance company, but from the driver.

An injured pedestrian, regardless of his guilt, can also count on compensation for moral damages. Compensation is recovered from the person causing harm.

As evidence of physical and moral suffering, the court will need to provide photographs of the injury, describe the painful procedures that the pedestrian underwent in the hospital, tell how his life has changed and what he lost due to the accident.

If a pedestrian is found to be at fault for the incident, the judge may reduce the costs, but property damage will not be compensated.

Previously, insurance organizations, within the framework of compulsory motor liability insurance, recovered from pedestrians who caused accidents the amounts paid to drivers for the restoration of the car.

Currently, amendments to the Law on Compulsory Motor Liability Insurance are in effect, introduced by the Ministry of Finance at the proposal of the Union of Pedestrians.

Insurance companies are prohibited from demanding that injured pedestrians pay for the costs of repairing the vehicles that hit them. But this rule does not apply to CASCO insurance.

Procedure for submitting documents to the insurer

Immediately after registering an accident, you must contact your insurance company and report the incident.

Next, you need to submit documents to the insurer as soon as possible, but before that, write an application there.

Required list of documents:

• passport of a citizen of the Russian Federation;
• TIN;
• driving license;
• PTS and STS;
• certificate of accident from the traffic police;
• OSAGO insurance.

After this, you just have to wait for an expert to evaluate the damaged car. He will then indicate how much will be paid for repairs, and the accident case will be sent to court.

The person at fault is required to provide the same list of documents to the insurance company. To do this, he is given a period of 3 days. If this deadline is missed, the insurer has the right to demand payment to the injured party from the culprit.

If any injuries were sustained as a result of the accident, they must be recorded at a medical institution and a certificate must be obtained. Then it also needs to be provided to the insurer. This must be done regardless of who you are in this situation - the culprit or the victim.

Some motorists trust this process to accident commissioners.
In this case, the commissioner must provide, in addition to the above documents, also a power of attorney for the car. It must be done by a notary. If the car was seriously damaged and was taken away from the scene of the accident by tow truck, then this must be confirmed by a certificate. It should indicate the costs of tow truck services.

Further actions of the driver

When all the initial points have been settled, it is important to understand how to proceed further.

What to do with the car

After an accident, a car owner usually has a question about whether or not it is worth repairing it and driving on. Such thoughts are especially common in the presence of severe damage. There are several options:

1. Sell ​​your vehicle to buy used cars. There are companies that do this. This option saves time and makes it possible to immediately receive a certain amount of money. This option is suitable for those who do not intend to restore their car and continue driving it. The disadvantage of this solution to the problem is that buyers will give a minimum amount of money for a damaged car.
2. You can try to sell your used car yourself. This can take a long time, since few people would want to take on such a problem. The amount of money received from the sale is unlikely to be much greater than in the first case, and it will take much longer.
3. Repair and sell. This is what those who want to spend a minimum of money on repairs try to do, and then profitably sell a damaged car as one that has never been involved in an accident. In some cases, scammers hide serious damage that violates the geometry of the body. If you follow this path, you need to be prepared for the truth to be revealed.

Read also: How to obtain or replace a compulsory medical insurance policy through the MFC

Independent examination

An independent examination is an assessment of a vehicle by a third-party company to determine the actual damage received as a result of an accident. It is necessary if the car owner wants to make sure that the insurance company’s charges are correct, if there are suspicions of unaccounted for defects, or if a trial is planned. It will also be needed to determine the amount of car repairs.

In order to conduct an independent examination, you must:

1. Select a company and conclude an agreement with it, pay for the service.
2. Indicate the date and location of the vehicle inspection. To do this, you need a car service, where there are conditions for carrying out this procedure.
3. Next, you need to notify the insurance company and the person responsible for the accident that an independent examination is being carried out. This is done by sending a letter to interested parties.
4. Specialists conduct an examination and, based on its results, draw up a report: all calculations will be based on it.
5. Further, with the help of special programs, these calculations are carried out in the same expert company. The result is a calculation of the necessary work and the cost of it.
6. The final point is to get a report on the work done from an expert company.

Driving schools began to teach how to register road accidents according to the European Protocol

In order to improve training, driving schools often supplement driver training courses. Not long ago, the Ministry of Education of the Russian Federation added to the training program of driving schools the procedure for registering minor accidents according to the Europrotocol.

In general, this type of form appeared in Russia relatively recently, and has greatly simplified the process of registering an accident for drivers. After all, motorists often get into minor accidents where there are no disagreements between both parties, and they want to resolve this issue as quickly as possible. However, due to the waiting of traffic police officers, it is not possible to speed up the process. The Europrotocol was introduced specifically for this purpose.

Some driving schools have not yet introduced such changes, while in some they have been in effect for a long time. The very first to learn how to correctly fill out the Europrotocol were students from Primorye driving schools.