Analysis of road accidents in the traffic police, analysis group

Quite often, when signing important documents, we rely on chance, or do it out of emotion. But experienced lawyers always warn us that we need to carefully read the documents, especially those parts that are written in small print.

Thus, the OSAGO Rules say that in the event of an accident, drivers must fill out a Notification of a Road Accident, regardless of whether the traffic police were called or the registration was only according to the Europrotocol procedure.

Therefore, the relevant question is not only whether this document needs to be filled out, but also how to correctly write all the circumstances that accompanied the accident.

How to draw up a Euro protocol in case of an accident: sample, requirements and documents

The opinion of the culprit of the traffic accident that after filling out the Europrotocol, the further process does not concern him is erroneous. He must send or bring the Notification form to the insurers. Otherwise, the company will have grounds to recover the amount of damage from the culprit after it pays it to the injured party.

Location of the traffic accident - you must indicate the address, street intersection.
Date and time.
The number of victims is only two.
It should be noted here that there were no injuries.
In the paragraph on the examination for alcohol intoxication, you must put your handwriting. If there are doubts about the sobriety of one of the participants in the accident, you should call the traffic police. “Drunk” accidents cannot be regulated by the European protocol. In addition, it is impossible to conduct an inspection without inspectors.
The point about material damage to other vehicles – put a dash through. The Europrotocol is valid only with the participation of two cars, and if otherwise, the form is not counted as a Europrotocol.
Witnesses to a traffic accident - if you find them, enter their details.
The point about the participation of the traffic police is a dash.

Who is responsible for drawing the diagram?

The choice of the person who will draw up the document depends on the purpose of using the form and the circumstances of the accident. Both drivers and traffic police officers can work on the graphic plan.

You can draw up a drawing yourself if you cannot wait for the inspector. At the same time, drivers who are involved in an accident should not have disagreements.

There are a number of cases when it is prohibited to independently create an accident diagram:

More than two vehicles were involved in the accident.
There are casualties in road accidents.
One of the drivers does not have compulsory motor vehicle liability insurance.
The amount of damage is above 50 thousand rubles. (400 thousand rubles for the capital and St. Petersburg).

Drivers are not allowed to draw up a drawing themselves if at least one point is violated.

How to correctly write the circumstances of an accident

Cassation appeal On February 22, 2021, an accident occurred on Varshavskoye Highway in the area of house 10 involving a MAZ vehicle driven by I.A. Gavuchak. and Ford Ka, license plate T 634 KS 90 under my control. The traffic police inspector of the State Traffic Safety Inspectorate of the Internal Affairs Directorate of the Southern Administrative District of Moscow, M.I. Zhokhov, arrived at the scene of the accident. I was found guilty of this accident, an administrative protocol was drawn up against me, and a fine was ordered to be paid. I did not admit my guilt in the protocol, since I was not the culprit of this accident. I wrote a detailed and reasonable explanation for the accident report.

Good afternoon Question about a criminal case regarding an accident. A fatal accident occurred, killing three people. The culprit was driving on a secondary road, violated a stop sign and crashed into a car driving on the main road. In the car of the victims, everyone died, in the car of the perpetrator, only the driver was injured, in his car there were two more of his minor children. By the verdict of the Rostov-on-Don military garrison court, the perpetrator under Part 5 of Art. 264 of the Criminal Code of the Russian Federation, sentenced to 3 years in prison in a general regime colony.

Filling out the back side

The reverse side serves to explain the accident to your insurance company and can be filled out at home, and not at the scene of the accident.

Circumstances of the accident

In column 2, the participant in the accident writes his version of what happened for the insurance company in free form.

Vehicle Information

Column 3 indicates whether the vehicle is capable of moving independently for inspection by the insurer's employees and, if the answer is negative, where it is located.

additional information

Column 7 “Notes” indicates any information that helps the insurer to formulate a correct picture of the accident that occurred and the degree of culpability of the participants.

If there is not enough space, the participant in the accident can state his version of events on an additional sheet, certified with his signature (in the case of an individual) or seal (in the case of a legal entity).

It is necessary to indicate that the sheet is an attachment to the notice and the authorship of the attachment. In this case, an o and a signature (seal) are placed on the main form.

The most common mistakes when preparing documents about an accident and how you can influence them

The most common mistakes in documents

It happens that due to the abbreviated name of the insurance company of the second party to the accident, it is impossible to determine exactly which insurer issued this policy
The number and series of the insurance policy of the second party to the accident are incomplete or the numbers are mixed up
There is no data on how many people are involved in road accidents
The certificate does not contain information about violation of traffic rules or there are no specific traffic rules that were violated
There is no data on the absence or presence of victims in the accident, i.e. there are no persons who suffered harm to health or life
Damages to the vehicle resulting from the accident are not all listed.
There is no information about the license plate numbers of the vehicles involved in the accident.

If the second participant cannot or does not want to wait for the arrival of traffic police workers. Then be sure to write down all the details of his car, and if he pleads guilty, then take a receipt from him in which the culprit admits that he has no claims against other road users.

What is an accident investigation?

Analysis of an accident is a detailed examination of the circumstances of the accident, including a comprehensive study of absolutely all materials related to the incident. This may include testimony from witnesses, recordings from video cameras and dashcams, analysis of the nature of damage to vehicles and injuries to victims.

How to correctly describe the circumstances of an accident in a notice

If a brief summary of the circumstances of what happened is allowed on the front side of the document, then on the back side you will have to describe the whole situation as accurately and in detail as possible so that the insurance company employees do not have any questions about the circumstances of the incident.

This circumstance will in no way affect the amount of payments, since the legal requirements will be met, and the notice will be among the package of documents required to be handed over to the insurance company employee.

We write the circumstances of the accident correctly

header - where you need to enter all the information about the location of the incident, date, time, victims;

section with data on vehicles A and B - here drivers write information about their cars, indicate state marks, make, model and year of manufacture of the vehicle, series and number of the driver's license, series and number of PTS or STS, series and number of the OSAGO policy, as well as name and address of the insurance company;

the stripe in the middle is the circumstances of the accident, where drivers tick off all the moments of the accident that occurred, then it is necessary to schematically depict the traffic accident itself, where it is necessary to indicate references to the area;

there, in the middle lane, there is a place where you need to enter a list of visible damage, as well as the signatures of both drivers.

Typical mistakes of car owners

Many car owners often make mistakes during an accident that lead to the insurance company refusing to pay.

If you decide to leave immediately after an accident, be sure to fill out a Notice on the spot. If the culprit leaves you a phone number, do not agree; most likely, he will not answer you on it.
In the middle lane of the notice, drivers often do not indicate the number of marked cells, which may result in inaccurate information or falsification of facts. This is unacceptable, do not forget to fill out this section.
In clause 18, signatures are placed only after the sheet is unfastened - that is, the copied sheet of notice must contain the original signatures of both drivers (and not copies).

An example of filling out the circumstances of an accident, a blow to the right in front

When drawing up the Europrotocol, i.e. the participants did not involve police officers in the process.
The use of such schemes is advisable if there are no victims, and the participants agree with the assessment of the circumstances of the incident.

If they are not there, then you must check box 7; — when filling out paragraph 13, you must indicate a specific part of the vehicle, and not list all the damage; - It is necessary to indicate all visible damage. Only those damages specified in this notice will be reimbursed.

Description of accident sample

Responsibility: the driver of car “B” violated paragraph 17.3 of the traffic rules. Circumstances of the accident: The driver of car “A” was making a left turn or a U-turn at an intersection (including at the permitting signal of a traffic light or a traffic controller) and did not let car “B” pass, which was moving straight in the opposite direction or making a right turn.

time, date and coordinates of the incident;
the scene of the incident is described with the names of nearby streets, and the road with driving directions;
information about the insurer, insurance policy;
the location of the impact, as well as all damage to one and the other vehicle;
Full name, address of the car owner and make of his car;
circumstances and scheme of the accident.

Notification of an accident under compulsory motor liability insurance

clause 1 Vehicle . A vehicle is selected whose driver fills out the back side of the notice.
clause 2 Circumstances of the accident . The circumstances of the accident are briefly described: street names, direction of movement of vehicles, position of the vehicle, etc.

In the absence of a description of visible damage to a particular part (element), the insurance company, when considering the application for payment, has the right to conclude that this part (element) was damaged not as a result of this accident, but under other circumstances, which may lead to refusal to reimburse the cost of repair (replacement) of the part. Invisible (hidden) damage will be identified and described during inspection of the vehicle (property) by experts. p.17 Road accident diagram : carefully draw a road accident diagram.
Indicate the names of streets, the direction of movement of vehicles, the position of the vehicle at the time of the collision and their final position, the location of traffic lights, road signs and their location, road marking lines (dividing strips, white line, prohibited movement, etc.), and, if possible, — location and configuration of mud scree, fragments, fragments, braking marks, skid marks, etc.

Examples of filling out applications and claims in case of an accident (author shock66)

In accordance with Art. Art. 12, 15, 151, 1064, 1079, 1099, 1100, 1101 of the Civil Code of the Russian Federation, art. Art. 28, 29, 100, 131, 132, 139, 140 of the Civil Procedure Code of the Russian Federation and based on the above:

In addition, I incurred additional expenses: • for the conclusion on the amount of loss of commodity value of 1,500.00 rubles, which is confirmed by a copy of receipt No. 014905; • for a conclusion on the cost of restoration repairs - 1,200.00 rubles, which is confirmed by a copy of receipt No. 014839; • for drawing up a pre-trial claim to the insurance company 1,000.00 rubles, which is confirmed by a copy of receipt No. 015069; • expenses for a representative (legal assistance) 5,000.00 rubles, which is confirmed by the agreement and a copy of receipt No. 015070; • for issuing a power of attorney for a representative - 500.00 rubles, which is confirmed by a receipt for cash receipt order No. 9 in the amount of 100 rubles. and 400 rub. – in the text of the power of attorney; • postage costs 100.00 rubles; • payment of the state duty of 852.98 rubles, which is confirmed by receipt No. 109.

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How to correctly fill out an accident report:

carefully read all the questions in the form, prepare the necessary documents;
write in legible handwriting, or better yet, in block letters if your regular handwriting is difficult to read;
give direct, literal answers without any ambiguity;
on the reverse side, cross out all empty lines with a cross or the letter “Z” so that nothing can be added to them later;
use a ballpoint pen.

Cars for residents of Russia and Ukraine have long ceased to be a luxury; today, almost every working person can purchase a vehicle of any class - from budget ones, which cost 300-400 thousand rubles, to the most expensive ones, costing 5-10 million and more. Lending and leasing programs have made such an acquisition accessible to many. If you wish, you can find inexpensive cars on the secondary market or in Trade-In showrooms.

Description of accident sample

Responsibility: the driver of car “B” violated paragraph 11.1 of the traffic rules. Circumstances of the accident: The driver of car “B” began to overtake a vehicle traveling in the same direction, without making sure that car “A” had already started overtaking “B”.

cars are designated by rectangles, signed as A, B;
at the bottom of the document there should be a link that points to the designation (for example, A - Nissan Qashqai vehicle, and its registration number;
references to the accident indicated in the diagram, signs and traffic lights must be noted.

An example of filling out the circumstances of an accident, a blow to the right in front

If several cars were damaged as a result of an accident, an accident notice is also drawn up, the sample of which remains the same. But there are more of them. For example, if three cars in a row collided, then the driver of the car in the middle will have to fill out 2 notices: one is filled out with the driver of the car in front, and the other - with the participant whose vehicle was behind.

As a last resort, give your explanations in court. Also, this can be done by a person who has legal grounds for this. By this we mean that the person who applies for payments to the insurance company has a general power of attorney, or if the car is registered to a legal entity, then this driver must be included in the OSAGO policy.

For whom is it necessary?

A detailed drawing of the accident is needed in order to reimburse the amount of car repairs. The document is considered a weighty argument in court when trying to determine the culprit of the incident. If the information was incorrectly reported, the insurance company may deny your claim.

traffic police

If it is difficult to identify the culprit of the accident, drivers can document the incident with the help of traffic police officers by selecting the nearest post.

An independently constructed scheme, if there was no Europrotocol, has no legal force.

A graphic plan is the material on the basis of which the traffic police finds out the details of the incident.

Insurance

The insurance company can only provide compensation if you have current insurance. A special form is attached to the OSAGO; drivers are allowed to fill out this form themselves in the event of an accident.

The Europrotocol includes a separate column, which is intended for drawing up an accident plan. Once the document is signed by both participants in the accident, the drawing will have legal force.

What to write in the application form for insurance payment under MTPL circumstances of the incident

What to do if there is no Road Accident Notification form? It doesn’t matter which participant in the accident the Notice is used, so you can use the form of the second participant in the accident. For future reference, obtain two sets of blank forms from your insurer and keep them in your car. Does the culprit need to send a Notice to the insurance company? If you intend to apply for insurance payment, then attach to the application your copy of the Notice, the front and back of which are completed. If you believe that there are no grounds for compensation for the harm caused to you (you are at fault for the accident), then send the completed Notice to your insurance company. If the accident was registered without the participation of traffic police officers, then for failure to notify the insurer, the culprit may be held liable for compensation for the damage caused.

The amount of damage caused as a result of a traffic accident that occurred » » in hours minutes at the address: under the following circumstances: with the participation of, (indicate the full names of drivers, brands, models, state registration numbers of vehicles, names of insurers, details of insurance policies) amounts to () rubles, which is confirmed. The cause of harm was recognized as: , (full name) which is confirmed. Please transfer funds using the following details: . Attachments: 1. Certificate of a traffic accident issued by the police department responsible for road safety, if the paperwork on the traffic accident was carried out with the participation of authorized police officers. 2. Notification of a traffic accident. 3.

Errors in diagramming and consequences

If drivers report an incident themselves, a number of problems may arise. Participants in an accident sometimes incorrectly indicate the location of the first vehicle collision; the reason may be a slow reaction under stress.

The following violation is often encountered: a distorted plan of an accident, drawn up in order to hide the circumstances of the incident. When data from different drawings contradict each other, a decision is made on the basis of information received from witnesses, as well as data from the recorder and surveillance cameras.

If the registration rules are violated, the document will be considered invalid. If drivers cannot come to a common opinion, they need to contact the traffic police to resolve the conflict.

Sample of filling out a notification of an accident

Place and date of the accident.
number of injured/dead.
Was an intoxication test carried out?
Material damage.
Information about witnesses.
Was the registration carried out by a traffic police officer?
Points with vehicle data.
Information about the insurer.
Damage data.
Notes.
Circumstances of the incident (plus several subparagraphs).
Drivers' signatures.

Both parties must agree to self-registration. Regardless of whether they consider themselves guilty or victims. A third party may also suffer damage. For example, the city administration, if there is damage to city property. For obvious reasons, she will not be able to participate in the design. Each party must have valid insurance for the damaged vehicle.

Notification of an accident under compulsory motor liability insurance

clause 13 Place of initial impact : the arrow indicates which part of the vehicle the first impact occurred. It is necessary to clearly mark the location of the initial impact, and not the parts that are damaged.
clause 14 Nature and list of visible damage . It is necessary to describe the nature of damage to parts and elements as accurately and briefly as possible. When characterizing damage to car elements, depending on the degree of damage, select one of: scratch, dent (deformation), rupture (crack).

clause 1
Location of the accident: city, street, house closest to the accident site or street intersection if the accident occurred at an intersection. Outside a populated area - name of the route, kilometer and direction of travel.
clause 2
Date and time of the accident.
p.3
Number of vehicles damaged as a result of an accident.
p.4
Number of injured and killed in the accident.
p.5
Was drivers examined for alcohol or drug intoxication (only when registering an accident involving traffic police officers).
clause 6
Presence of material damage to other vehicles and property.
clause 7
Witnesses to an accident: if there are no witnesses, the entry “no witnesses” is made; if there are, then their last names, first names and patronymics, addresses and telephone numbers are indicated. If these are passengers of your vehicle or another vehicle (involved in an accident), underline the names in order to clarify this.
clause 8
Police officer badge number (only when registering an accident involving traffic police officers).

Drawing up a description of the person and a report of the scene of the incident

in accordance with Art. 164, 176 and parts of the first - fourth and sixth art. 177 of the Code of Criminal Procedure of the Russian Federation inspected the transport stop “Metallurg store”, located near house No. 20 on the street. Krasnodarskaya in Krasnoyarsk

The following items were recovered from the scene: a pocket disposable gas lighter, transparent, light purple in color, size: length 7.5 cm, width 2 cm. The upper part of the lighter is made of metal, the body of the lighter is plastic. The pocket lighter found at the scene of the incident was packed in a paper envelope, which was sealed and sealed with the seal “For packages No. 2” of the Investigation Department at the Sovetsky District Department of Internal Affairs of Krasnoyarsk, sealed with the signatures of witnesses and investigator Petrov K.E., with the accompanying inscription “Pocket lighter discovered on 10/27” .2005 at the scene of the incident - the transport stop “Metallurg store”, located near house No. 20 on Krasnodarskaya street in Krasnoyarsk.”

How to fill out a notification of an accident without calling the traffic police: procedure for completing documents

However, a correctly completed Road Accident Notice form, if you want to exercise your right to settle an insured event in a simplified manner, will speed up the work of the insurance company and allow you to reduce the time it takes to receive insurance compensation.

In paragraph 17, an accident diagram is drawn up. The diagram shows the contours of the roadway indicating the names of streets (roads, etc.), as well as the direction of movement, the final position of vehicle “A” and vehicle “B”, road signs, indicators, traffic lights, road markings, objects that have relation to this accident.

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Sample notice

The notice has two sheets (original/copy) and two sides (front/back). The front side is the same for both participants, each participant fills out the back side separately. On the front side, the participants reflect the general vision of the accident (what they were able to agree on). On the back, each participant explains what happened to their insurer from their point of view.

By mutual agreement, the parties may leave their signatures on the reverse sides of their versions of the document, but this is not a mandatory requirement.

Example of a completed accident report: