The possibility of making an accident without the participation of the traffic police with a view to subsequently receiving reimbursement under the mandatory motor third-party liability insurance (Euro-protocol) has been available to Russian motorists since 2009. Legislators in every way spur motorists to a simplified way to design an accident. In September 2014, the Central Bank of the Russian Federation approved the minimum requirements for Casco and DSAGO , requiring insurers to accept the Euro protocol as part of voluntary types of insurance. And from July 1, 2015, changes to the rules of the road come into force, obliging drivers who have got into an accident to actually carry out half of the actions necessary when registering the European protocol.
Since July 1, 2015, a driver who has been involved in an accident in which only property has been damaged is required to clear the carriageway, having previously recorded by means of photography or video recording the position of vehicles (TS) in relation to each other and objects of road infrastructure, as well as tracks and objects related to the accident and damage to the vehicle. This obligation is prescribed if the movement of other vehicles is obstructed, that is, in virtually all cases.
If the circumstances of the accident and the nature of the damage cause disagreement, the participant in an accident must inform the police to obtain information about the place of registration of the incident. Such a place at the discretion of a police officer may be the scene of an accident, the nearest traffic police post or police unit. If the police officer reports that the accident will not take place at the place where it happened, the participants must leave the scene of the incident, having previously written down the names and addresses of eyewitnesses, and go to the specified address.
If the circumstances of the accident and the nature of the damage do not cause controversy, participants are not required to report to the police. They can leave the scene of an accident by filling out documents with the participation of police officers at the nearest traffic police post or at the police station. Participants can also arrange for an accident without the participation of police officers if no more than two vehicles participated in the accident (including vehicles with trailers), or do not complete an accident at all.
For failure to perform the indicated actions, the participant in an accident can be held administratively liable under Article 12.27 of the Code of Administrative Offenses (a fine of 1,000 rubles).
If there is no disagreement, you should think about saving time and try to arrange a Euro protocol, avoiding unnecessary mistakes.
Initially, you need to make sure that such a design is possible in principle and appropriate. To do this, the following conditions must be met:
– there was a collision of two vehicles (trailers are not considered separate vehicles). The presence of a collision (interaction) is an indispensable factor; contactless accidents by a simplified system are not registered
– both participants have a valid OSAGO policy or Green Card. Drivers involved in road accidents must be allowed to drive (inscribed in the policy if it involves a limited list of drivers);
– damage was caused only by this vehicle (no other property was injured, no harm to life and health);
– the circumstances of the accident, the nature and list of visible damage do not cause disagreement among the participants;
The amount of damage caused to the victim is not more than 50 thousand rubles, and if one of the contracts is concluded before August 2, 2014, then no more than 25 thousand rubles. For insured events that occurred on the territory of Moscow, Moscow Region, St. Petersburg and the Leningrad Region, the specified limits do not apply, provided that both contracts are concluded after October 1, 2014, and when fixed using technical means of control that provide for an incorrect recording of information, as well as data recorded using navigation aids. A separate topic is needed to discuss this possibility. The requirements for fixation devices and the procedure for providing recorded information to the insurer are determined by a government decree of October 1, 2014 No. 1002.
The most difficult thing is to assess the damage caused to the car, because the cost of spare parts and work for different brands can vary significantly, and during an external examination, the entire amount of “disaster” is often not visible. In order to draw up a Euro protocol, such a decision will have to be made in any case, but it is advisable to consult a specialist by sending him photographs of the damage. A limit of 50 thousand rubles in most cases is enough to eliminate scratches and scuffs on five exterior elements or to replace and paint one element for middle and economy class cars. It is important to remember that if the victim received payment under the European Protocol, and the amount of damage exceeded the established payment limit, then he is not entitled to present additional requirements to the insurer in accordance with paragraph 8 of Article 11.1 of the MTPL Law.
If all the necessary factors coincided, and photographs of the scene of the accident and damaged vehicles were taken as part of the duties stipulated by the traffic rules, you can proceed to fill out the Euro protocol (traffic accident notices). Before filling in, you must make sure the validity of the CTP policies of the participants. This is very important, since, based on the SAR data, the majority of failures are associated with non-confirmation of the policy. This opportunity is provided by the PCA website , and many owners of mobile phones have Internet access. The data reflected on the form of OSAGO must coincide with the data from the PCA website. The Council will be especially relevant after the introduction of electronic OSAGO forms from July 1, 2015, since the participant in an accident may not have an original policy, and the data can be checked by license plate number and VIN of the car. It is also advisable to take photographs of the OSAGO policy, driver’s license and certificate of registration of the vehicle of the second participant.
One form of the accident report (Europrotocol) is two fastened self-copying sheets that are issued upon conclusion of the contract to all CTP insurance insurers. The third sheet is attached instructions. One copy of the forms of any participant in an accident is filled out. About which of the participants fills side “A” and which side “B”, the participants agree among themselves. It is desirable to fill out the form with a ballpoint pen so that the copy is as clear as possible. Before filling out a notice of an accident, make sure that the standard “Circumstances of an accident” from clause 16 of the notification by each participant is treated the same way.
In order not to fall into a sufficiently large group of victims who were refused as a result of an incorrectly drawn up European protocol, it is necessary to carefully fill out the form. The upper part of the notice (paragraphs 1–8) is filled out by any participant and does not cause difficulties, paragraphs 9–12 are entered from the relevant documents by each participant in an accident. In column 14 “The nature and list of visible damage”, all visible damage related to the accident must be indicated, describing them with the characteristics “dent”, “scratch”, “abrasion”, deformation ”, etc. The list of damage must be complete, since when determining the amount of payment, the insurer will focus on it. In paragraph 16, you must tick one or more circumstances that correspond to your case, do not forget to indicate the number of marked points at the bottom. It is important to correctly correlate circumstances with the terminology of traffic rules. In paragraph 17, a traffic accident scheme is drawn up. On it you need to identify the contours of the roadway with street names, direction of movement, the final position of the vehicle, as well as traffic signs, traffic lights, road markings and objects related to traffic accidents.
The front side of the form must be certified by the signatures of each participant in two places (in clause 18 and below clause 15). If corrections are necessary, they are certified by the signatures of both participants in the accident. After this, the form is divided, and each participant fills in their part of the notice, having previously noted by which vehicle (“A” or “B”) explanations are given. The circumstances of the accident on the back of the form must necessarily coincide with the circumstances on the front side, and the form must be signed by the participant filling it.
Both participants in an accident must send the completed forms each to their insurer within five days. The victim will not be paid without the form provided, and the insurer who made the payment may present a “culprit” with a recourse claim in the amount of the payment made (paragraph “g” of article 14 of the OSAGO law). A similar right arises for the insurer if the “culprit” has repaired or disposed of the vehicle before the expiration of 15 calendar days, with the exception of non-working holidays, from the day of the accident.
The presence of requirements for the “culprit” during the execution of an accident without police officers looks quite reasonable from the point of view of suppressing fraud attempts. But, in my opinion, this is an additional argument against the design of an accident using the Euro Protocol, as it complicates the procedure for the “guilty” party and entails additional risks for it.